Directory_and_Chronicle_1912 — Page 448

RULES OF SUPREME COURT IN CHINA

122-(1.) On the return day or on the day when the parties are first Order for

pleadings or before the Court, on the application of either party or of its own motion, particulars. may make an order for

(1.) Pleadings;

(b.) Particulars of the plaintiff's claim or of the defendant's counter- claim or special defence raised under Rule 119.

(2.) Either party may at any time apply by motion to the Court for an order for pleadings or particulars.

(3.) When the Court makes an order for pleadings or particulars, then, unless the Court otherwise order, the pleadings or particulars which in ordinary course should be first delivered shall be delivered within fifteen days of the making of the order, and subsequent pleadings or particulars within fifteen days of the delivery to the opposite party of the previous pleadings or particulars.

(4.) Copies of pleadings or particulars, with a statement of the day on which they were delivered to the opposite party, shall be forthwith filed.

issues.

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123. When, in any action, it appears to the Court that the issues of Settlement of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court.

Interlocutory and Interim Orders and Proceedings.

124. When any party desires before trial an order upon any of the mode of matters following, viz. :--

(1.) For the production of any deed;

(2.) To secure the possession, detention, or preservation of any property;

(3.) To obtain security from any person for any moneys in his possession, or to enforce the payment into Court or deposit thereof pend- ing litigation;

(4.) The sale of any goods, wares, or merchandize which may be of a perishable nature, or which the Court may think desirable to be sold at once, and the payment of the price tla reof into Court;

(5) The inspection or taking samples of any goods, wares, or merchandize;

(6,) For measuring, weighing, or making any experiment upon any goods, wares, or merchandize by some person uamed in the order;

(7.) For surveying, measuring, or making any plan, model, level,

or section of any building or place;

(8.) For a view of any premises that may be in dispute;

(9.) The taking of any accounts, or making any inquiries, or for any other interlocutory or interim order or proceeding;

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he may file an application for such order, and apply ex parte (ie., with out notice to the other side) to the Court, with affidavits showing the facts ren lering such order immediately necessary, and upon this applica- tion the Court may either make an order absolute in the first instance, or make an order to become absolute at any period to be named by the Court, unless before that period cause is shown to the contrary, or may make such other order, or give such other directions in the matter as the Court may think fit, and may order immediate execution. But affidavits are not necessary in the first instance unless the Court so orders.

application for interlocu. tory and interim order.

property other

125. Where an action is brought to recover, or a defendant in his Where specific defence seeks to recover by way of counter-claim, specific property other than land is than land, and the party from whom it is claimed does not dispute the ought to be title of the claimant, but claims to retain the property by virtue of a lien

recovered.