Directory_and_Chronicle_1913 — Page 424

RULES OF SUPREME COURT IN CHINA

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(3.) Trustees, executors, and administrators may sue and be sued on Trustees, &ø. behalf of or as representing the property or estate in which they are so interested without joining any of the persons beneficially interested in the trust or estate, and shall be considered as representing such persons; but the Court may at any stage of the proceedings order such persons to be made parties either in addition to or instead of the previously existing parties.

same interest,

80. Where many persons have the same interest in one action, one Persons having or more of such persons may sue or be sued on behalf of all persons so interested.

of parties.

81. No action shall be defeated by reason of the mis-joinder or non- Non-joinder joinder of parties, and the Court may in any case either (a) deal with the or mis-joinder issues raised so far as regards the rights and interests of the parties before it; or (b) strike out the names of parties improperly joined; or (c), with a view to effectually settling all questions involved, add parties, whether as plaintiffs or defendants.

new defendant,

82. Where a defendant is added or substituted the plaintiff shall, Service on unless otherwise ordered by the Court, take out an amended writ of summons and file a copy thereof, and shall serve such writ upon the new defendant in the same manner as if he were an original defendant, but the proceedings as against such new defendant shall be deemed to have commenced only with the service of such writ.

83.-(1.) An infant may sue as plaintiff by his next friend, and Infants, may married defend by his guardian appointed for that purpose.

women, and

(2.) A married women may sue and be sued as provided by the lunatic. Married Women's Property Act, 1882.

(3.) A person of unsound mind may sue as plaintiff by his committee or next friend, and may defend by his committee or guardian appointed for that purpose.

infant defen-

84. Every infant defendant served with a summons in an action Guardian for shall appear at the bearing by a guardian ad litem in all cases in which dat. the appointment of special guardian is not provided for. An order for the appointment of such guardian is unnecessary; but the guardian must file a consent in writing to act as guardian, and the Court may require to be satisfied by affidavit or otherwise that he is a fit and proper person to act as guardian.

85. Before the name of any person is used in any action as next Next friend. friend of any infant or other party, such person shall sign a written consent to act as next friend, which consent shall be filed in the Court.

sent of next

86. Any consent as to the mode of taking evidence or to any other Effect of con- procedure, given with the consent of the Court by a next friend, guardian, friend, &c. committee, or other person acting on behalf of a party under disability, shall be of the same effect as if the party were under no disability and had given such consent.

interested.

87. Where any class of persons shall be interested in an action the Class of person Court, if having regard to the nature and extent of the interest of such persons it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, may appoint one or more persons to represent the class, and the judgment of the Court shall be binding upon the persons so represented.

88. An action for administration of an estate or for the execution of trusts may be brought against any one legatee, next of kin, or cestui against

que trust.

Administra- tion action

representative,

89. Where, in an action for administration or the execution of the Service of

judgment or trusts of any instrument, a judgment or order has been made affecting order on the rights or interests of persons not parties to the action, the Court may Interested,

C

persons