Directory_and_Chronicle_1912 — Page 455

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General juris- diction of Court

RULES OF SUPREME COURT IN CHINA

within or without the jurisdiction, the Court shall order the action to be struck out unless the plaintiff undertakes to discontinue the action in the other Court before a certain date to which the trial shall be adjourned, and if the action in the other Court has not been discontinued by that date, the action shall then be struck out.

158. At the trial the Court may try the whole matter of the action on trial of action and give judgment thereon, or grant any relief, redress, or remedy, or may make any order and give any direction it may consider necessary to enable it to give a final judgment upon a future day (to which the trial shall be adjourned), and may also make such order as to costs as shall be authorized by these Rules and as the Court may think fit.

Absent parties may be added

159. When at the trial the Court considers that the action cannot be at the hearing. adjudicated upon by reason of all the proper parties not being before the Court, it may order such parties to be made plaintiff's or defendants upon such terms as to adjournment notices and costs as it shall think fit.

Separate judg. ments against

160. When two or more defendants are joined, and judgment is more then one given separately against each with costs, the costs shall be apportioned according to the respective amounts of each judgment, unless the Court shall otherwise order.

defendant.

Judgment on counter-claim may be given for balance.

Amendment.

Neglect to amend within time.

Amended documents to be marked.

161. When a counter-claim is established against a plaintiff's claim, the Court may, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may adjudge to the defendant otherwise such relief as he may be entitled to on the merits of the case.

Amendments.

162. The Court may at any stage of the proceedings and in such manner and on such terms as may Le just, allow all such amendments to be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

163. If a party who has obtained leave to amend does not amend accordingly within the time limited for that purpose, or, if no time is specified, within eight days from the date of the order, the order shall become ipso facto void, unless the Court shall think fit to extend the time.

164. Whenever any document is amended it shall be marked with the date of the order of amendmen', and of the day on which the amenlment is made, in manner following, viz.:—

Amended

dated the

?

day of

day of

, pursuant to order of 19

Time for delivery.

Formal orders.

165. Whenever any document is amended it shall be delivered to the opposite party within the time allowed for the amendment, and when the document is one which is required to be filed the amended document shall be filed also in the same manner.

Judgments and Orders.

166.-(1.) A Minute of every order, whether interlocutory or final, shall be made by the Court in the Minutes of Proceedings at the time when the judgment or order is given or made.

(2.) Every such Minute shall have the full force and effect of a formal order, and shall form part of the Record,

(3.) The Court may at any time order a formal order to be drawn

up on the application of any party.

(4.) Where the Court delivers a decision in writing, the original a copy thereof signed by the Judge or officer holding the Court shall be filed in the proper office of the Court with the papers in the action.