Directory_and_Chronicle_1906 — Page 427

PROVISIONAL RULES OF THE SUPREME COURT OF CHINA AND COREA 351

verifying the cause of action and the amount claimed, and stating that in his belief there is no defence to the action, apply to the Court for final judgment for the amount indorsed upon the writ of summons, together with interest, if any, and costs. The Court may thereupon, unless the defendant shall by affidavit or by vivi voce evidence on oath satisfy the Court that he has a good defence to the action on the merits, or disclose such facts as may be deemed sufficient to entitle him to defend, give final judgment for the plaintiff accordingly.

account.

VII. In all cases where the plaintiff in the first instance desires to In cases of have an account taken, the indorsement shall contain a claim that such account be taken.

sues.

VIII. In all cases where the assignee of any debt or other legal Where assignee chose in action sues, he shall state in the indorsement the name and des- cription of the assignor.

than one cause

IX.-Where the plaintiff seeks to obtain redress upon more than Where more one cause of action or claim, he shall state in the indorsement the grounds of action. of each claim separately, and shall also state separately the redress he claims in respect of each.

summons.

X.-(i.) An original summons shall not be in force for more than Duration of twelve months from the day of its date, including that day.

(ii.) If any defendant named theroin is not served therewith, the plaintiff may before the end of the twelve months apply to the Court for renewal thereof.

(iii.) The Court, if satisfied that reasonable efforts have been made to serve the defendant, or for other good reason, may order that the summons be renewed for six months from the date of renewal, and so, from time to time, during the currency of the renewed summons.

(iv.) The summons shall be renewed by being resealed with the seal of the Court, and a note being made thereon by the Registrar, stat- ing the renewal and the date thereof.

(v.)—A summons so renewed shall remain in force and be available to prevent the operation of any statute of limitation, and for all other purposes, as from the date of the original summons.

(vi.) The production of a summons purporting to be so renewed shall be sufficient evidence of the renewal and of the commencement of the action, as of the date of the original summons, for all purposes.

non-proscution,

XI.-If an action is not proceeded with and disposed of within Dismissal for twelve months from service of the original summons, the Court may, if it thinks fit, without application by any party, order the same to be dismissed for failure to proceed.

Service

XII.-Every summons shall be returnable at a Court to be held not Where return. less than seven clear days after the service.

But a summons may be issued returnable at any shorter period on the production to the Registrar of an affidavit by the plaintiff or some

one aware of the fact that the defendant is about to remove out of the jurisdiction of the Court, and the Court may, on the return day, on the proof of the service of the writ of summons, proceed with the trial of the action, but in any case the Court may adjourn the hearing in its discre- tion, and on such terms as it shall think fit.

Special Defences

able.

sues on behalf of

XIII.-Where a plaintiff sues on behalf of others having the same Where plaintiff interest, the defendant inay avail himself of any defence in respect of others. each of the persons on whose behalf the plaintiff is suing which he would have had had such Person been plaintiff.