Directory_and_Chronicle_1908 — Page 433

860 PROVISIONAL RULES OF THE SUPREME COURT OF CHINA AND COREA

Where defen- dant desires to

of others.

XIV.--(1.) When a defendant desires to defend on behalf of others defend on behalf having the saine interest, he shall, within seven clear days of the service of the summons, apply to the Court for leave so to defend, and shall file an affidavit of the facts on which he relies to obtain such leave, together with the names, addresses and occupations of such persons, and the Court may thereupon make an order for the defendant so to defend, and shall add the names to that of the defendant and a copy of the order shall be personally served on each of such persons, and notice seut to the plaintiff.

Notice of special defence.

(2.) The plaintiff, or any of the persons whose names have been so added, may at the trial object to the defendant defending on behalf of all or any of the persons included in the order, and the Court may, if it thinks fit, strike the name of all or any such persons out of the proceed- ings, and order the defendant to pay such costs as it shall think fit.

XV.-(1.) When the defendant intends to rely upon any of the grounds of defence hereinafter mentioned, or upon any counter claim, he shall file a notice stating therein his name and address together with a concise statement of such grounds two days before the return day of the summons; the Registrar shall thereupon send a copy of such notice and particulars to the plaintiff.

(2.) If this rule has not been complied with, and the plaintiff does not consent at the hearing to allow the defendant to avail himself of the special defence, the Court may adjourn the trial on such terms as it may think fit to enable the defendant to give the required notice.

(3.) The notice to be given by the defendant under this Rule shall contain particulars as stated below:-

Particulars required in the notice.

Set off or counter claim Particulars of counter claim.

No.

Nature of Special Defence.

1

against plantiff's claim.

2

Infancy.

3

Coverture.

4

Statute of Limitations.

5 Release under any Statute relating to bankrupts or

for the relief of insolvent debtor.

The place and date of birth as far as he is able. The place and date of marriage together with the Christian and surname of the husband and his address and description so far as known.

The date from which he relies that the Statute-

begins to run.

The date of his certificate, discharge, or final

order, and the Court by which such certifi cate, discharge, or final order was granted or made.

6 Statutory defence in an action The year, Chapter, and section of the Statute on

of tort,

7❘ Tender.

Any equitable estate or right of relief ou any equitable ground.

which he relies, or the short title thereof. Amount of tender and in respect of what por-

tion of the claim.

NOTE -This defence is not available unless at the time of filing the notice the defendant pays into Court (which may be without costs) the amount alleged to have been tendered.

The circumstance which gives rise to such defence and each of the grounds of equitable defence set forth separately.

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