Directory_and_Chronicle_1912 — Page 463

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Claim for damages.

Payment into Court of damages claimed

Marshal's costs where decision against claimant

Service of interpleader

summons.

Where

assignor dis- putes an assignment.

Defendant in an action by assignee may pay money into Court.

RULES OF SUPREME COURT IN CHINA

the office of the Registrar particulars of the goods or chattels he alleges to be his property and the ground of his claim, or, in case of a claim for rent, of the amount of such rent, and for what period and in respect of what premises the rent is claimed to be due, and the name, address, and description of the claimant shall be fully set out in such particulars, and any money paid into Court und the execution shall be retained by the Registrar until the claim has been adjudicated upon; but by order of the Court or with the consent of all parties an interpleader claim may be tried although this Rule has not been complied with.

206. Where a claimant to goods taken in execution claims damages from the execution creditor or from the Marshal for or in respect of the seizure of the goods, he shall, in the particulars of bis claims, state tle amount he claims for damages, and the ground upon which he claim, such damages. And where he claims damages from the Marshal arising out of the execution of any process, he shall, three clear days before the return day, deliver to the Marshal a notice of his claim stating the grounds for and the amount of such claim.

207. Where a claim for damages is made against the Marshal and execution creditor, or either of them, they or either of them may pay into Court an amount in full satisfaction of such claim, and such payment into Court shall be made in the same manner, and have the same effect, and the parties respectively shall have the same rights and remedies as they would have by the practice of the Court if the proceedings had been an action in which the claimant was plaintiff and the Marshal and judgment creditor were defendants.

208. Where the claim under any interpleader summons shall be decided against the claimant, the costs of the Marshal allowed by the Court shall be retained by the Marshal out of the amount levied, unless the Court shall otherwise order, but without prejudice to the right of the execution creditor against the claimant for the sum so retained.

209. An interpleader summons shall be served in the same time and mode as has been directed for the service of a summons in an action.

210. Where the defendant in an action brought by assignce of a debt or chose in action has had notice that the assignment is disputed by the assignor or any one claiming under him or has had notice of any other opposing or conflicting claim to such debt or chose in action, he may, within five days after service of the summons, apply to the Registrar for a summons against the assignor, or the person making such conflicting claim, and the Registrar shall there- upon issue an interpleader summons, returnable as soon as conveniently may be, and upon the return day the Court shall hear the case of the defendant and of the plaintiff in the action, and also of the assignor disputing such assignment, or of the person making such opposing or conflicting claim, and shall give such judgment therein as shall finally determine the rights and claims of all parties as if the same had been an ordinary action into which a third party had been introduced by counterclaim.

211. Where the defendant in an action brought by the assignee of a debt or chose in action has had notice as in the last preceeding Rule mentioned, and thinks fit to pay the debt and costs into Court to abide its decision, he shall, upon such payment into Court, give to the Registrar the name of the person against whose dispute of the assignment or con- flicting claim he desires to be protected, and the Registrar shall thereupon give notice to such person, and on the return day the Court shall deter- mine the rights of the parties, and may, if it thinks fit, order the defendant to pay all or any part of the costs.