Directory_and_Chronicle_1909 — Page 435

IN CHINA AND COREA

before the issue of the summons, a written statement of a fit place within the particular jurisdiction (or within such district as aforesaid), where notices and other papers issuing from the Court may be served on him.

He shall also give security for costs by deposit of a sum not exceed- ing 501., or by bond in a penal sum not exceeding 1007.

The Court may at any time, either of its own motion or on the application of any defendant, order the plaintiff to give further or better security to the amount aforesaid for costs, and may direct proceedings to be stayed in the meanwhile.

indorsement.

100.-(1.) In all actions where the plaintiff seeks only to recover a Special debt or liquidated demand in money payable by the defendant with or without interest, arising-

(a.) Upon a contract expressed or implied (as, for instance, on a bill of exchange, promissory note or cheque, or other simple contract debt); or

(b.) On a bond or contract under seal for payment of a liquidated amount of money; or

(c.) On a Statute where the sum sought to be recovered is a fixed sum of money, or in the nature of a debt other than a penalty; or

(d.) On a guaranty, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

(e.) On a trust;

he may, besides stating the nature of the claim, state the amount claimed for debt or in respect of such demand and for costs respectively, and shall further state that upon payment thereof within four days after service further proceedings will be stayed.

(2.) The defendant may notwithstanding such payment have the costs taxed, and if more than one-sixth shall be disallowed the plaintiff shall pay the costs of taxation.

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101. Where the plaintiff proceeds under Rule 100, he may, on the Summary

judgment on return day, and whether the defendant appears or not, on affidavit made specially by himself or by any other person who can swear positively to the facts indorsed writ. 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 vivá 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.

102. 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. account be taken.

signee anes.

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

Form 42.

where more

than one

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

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

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

(3.) The Court, if satisfied that reasonable efforts have been made

summons.

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