Directory_and_Chronicle_1912 — Page 478

RULES OF SUPREME COURT IN CHINA

the Court may direct service by any other officer or person, and in that case the provisions of these Rules shall apply to service by such other officer or person.

308. The Marshal shall keep books and make Returns to Court in Marshal to such forms as shall be appointed by the Supreme Court; and every entry and make

keep books in such books shall have a number prefixed corresponding with the num- returns. ber of the action or matter to which it relates.

payment of

309.-(1.) The Marshal shall enter in an Order Book all orders for Order for the payment of money or costs or both which he shall have received from money. the Registrar, and the date on which he shall have caused them to be served.

(2.) The Marshal shall, within twenty four hours from the receipt of the same, pay over to such person as the Court shall designate any money which he shall have levied or received by virtue of any process issued out of the Court, and the proper officer shall indorse upon the warrant a memorandum of having received the same, and deliver to the Marshal a copy of the memorandum under the seal of the Court, and the Marshal shall file such copy and retain the same in his custody as his voucher.

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310. The Marshal shall execute every warrant issued to him as soon as possible, and enter in the proper book every warrant which he has been required to execute with the date and hour of its delivery to him, and shall state from time to time therein what he shall have done under each warrant, and, if the same is not executed within one month from the day of its delivery to him, why it has not been executed; and shall at all reasonable times give to a suitor, his legal practitioner or agent every information he may reasonably require as to the execution or non-execu- tion of any warrant issued at the instance of such suitor.

Execution of

warrants.

detention of

311.-(1.) Where any personal property is directed to be sold by Sales and auction, detained, or preserved, the Marshal shall, if the Court shall so goods, direct, superintend such sale, detention, or preservation, and where the property is to be sold by private contract he shall carry out the directions of the Court in respect of such sale.

(2.) Where a warrant directs the Marshal to detain and preserve any goods or chattels he shall take and retain possession of them until he receives further orders from the Court concering them.

(3.) Where a warrant directs the Marshal to take possession of any goods and chattels until good security is given by some party for the safe keeping or for the payment of the value of them in default of safe keeping, but shall not specify the amount of the security, he shall make, or cause to be made, an inventory or appraisement of the goods or chattels which he may take into his possession, and upon receiving as a deposit the amount of the appraisement or sufficient security, to be approved by the Court. for the safe custody and for delivery up of possession, upon request, of the goods and chattles, he may relinguish the possession of them on condition that they shall be redelivered to him or held to abide the order of the Court. If the warrant specifies the amount of security, no less deposit or security shall be sufficient.

to service of

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312. In the service of documents and execution of warrants proceed- Rules to apply ing from the Supreme Court in the district of a Provincial Court these documents, Rules shall be observed, unless any special directions are given by the out of Supreme Supreme Court, in which case such directions are to be strictly followed. Court.

PART IV.-General

313. The fees specified in the First Schedule to these Rules shall be Fees, paid.