Directory_and_Chronicle_1906 — Page 376

In what cases this proceeding applicable.

Issue.

Money payment.

Costs.

Effect of decree.

In what cases,

Special case for

RULES OF HER BRITANNIC MAJESTY'S SUPREME COURT AND OTHER COURTS IN CHINA AND COREA*

Framed under the Order of Her Majesty in Council of the 9th day of March, 1865, by the Judge of Her Majesty's Supreme Court, and. approved by one of Her Majesty's Principal Secretaries of State.

Dated the 4th day of May, 1865

1.-DECISION OF QUESTIONS WITHOUT FORMAL SUIT

Questions of Fact

1. Where the parties between whom a suit might be instituted are agreed as to any question of fact to be determined between them, they may by consent and by order of the Supreme Court or other Court on summons which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be tried,-proceed to the trial of any question of fact, without any petition presented or other pleading.

2. Such question may be stated for trial in an issue, and such issue- may be set down for trial, and tried accordingly, as if the question stated were to be determined at the hearing of an ordinary suit.

3. The parties may, if they think fit, enter into an agreement in writing, which shall be embodied in an order of the Court, that on the finding of the Court in the affirmative or negative of such issue, a sum of money, fixed in the agreement, or to be ascertained by the Court, upon a question inserted in the issue for that purpose, shall be paid by one of the parties to the other, with or without any costs.

On the finding of the Court in any such issue, a decree may be entered for the sum so agreed or ascertained, with or without costs, as the case may be.

4. Where no agreement is entered into as to costs, the costs of the whole proceedings shall be in the discretion of the Court.

5. The issue and proceedings and decree shall be recorded, and the decree shall have the same effect as a decree in a contested suit.

Questions of Law

6. When the parties between whom a suit might be instituted are agreed as to any question of law to be determined between them, they may by consent and by order of the Supreme or other Court on summons,- which order the Court may make on being satisfied that the parties have a real interest in the determination of such question, and that the same is fit to be determined,-state any question of law in a special case for the opinion of the Supreme Court, without any petition presented or other pleading.

Where the case is stated under order of a Provincial Court, the Court Supreme Court. shall send the case to the Supreme Court, and the Supreme Court may

direct the case to be re-stated or to be amended, or may refuse to deter

* The New Order in Council has made a revision of thes Rules necessary. The Revised Rules were still under revision when this volume went to press. Until the New Rules come into force the Rules of 1885 remain, subject to any modifications effected by the New Order in Council. It has, however, been found necessary to issue certain Provisional Rules in order to provide for the change in procedure

effected by the New Order in Council. These Provisional Rules are given on page 35 let seg.