Directory_and_Chronicle_1913 — Page 433

420

Draft order to be settled by Court.

Orders under Rule 124, sections 5, 6, and.

Orders under Rule 124, section 7.

Discontinu- ance of action.

Form 49.

Disclaimer, admission, and other state- ments by defendaut.

Form 60.

Admission of truth of pisik- tif's state.

ment.

Form 51.

RULES OF SUPREME COURT IN CHINA

or otherwise as security for any sums of money, the Court, upon being satisfied by affidavit or otherwise of the existence of such lien or security, may order that the claimant shall be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court shall direct, and that upon such payment being made into Court the property shall be given up to the party claiming it.

126. The drafts of all orders under the two preceeding Rules shall be prepared beforehand by the party applying, and if the Court approves of the application it shall settle and sign the draft, which shall be delivered by the applicant to the Registrar, who shall draw up the order in conformity with the draft, and seal and file same, and issue a copy under the seal of the Court to the Marshal for service.

Where from any cause the party is unable to prepare the draft order, it shall be prepared by the Court.

137. When orders under sections 5, 6, and 7 of Rule 124 specify the performance of an act by a person named in the order, they may include an order for the Registrar, or some other person named in the order, to examine upon oath and take the deposition of the person first named as to the measure, weight, or inspection, or the correctness of the survey, or the result of the experiment, or the fairness of the samples, or the accuracy of the plau or model, and such order may also empower any or either party to give the deposition so taken in evidence upon any trial or proceeding.

128. An order under Rule 124, section 7, may also give authority to a person to be named in the order to enter, with such persons as may be necessary for his assistance, upon any lands or tenements to be described in the order in the possession of any party to the action for the purpose of executing the order.

Discontinuance and Disclaimer.

129. A plaintiff who desires to discontinue the action or matter against all or any of the parties thereto shall give written notice to the Registrar and to the parties as to whom he wishes to discontinue the action or matter, and thereupon the party may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of the notice and of attending to obtain the order.

130. A defendant may file a statement-

(1.) Disclaiming any interest in the subject-matter of the action; (2.) Admitting or denying any of the statements in plaintiff's

particulars;

(3.) Raising any question of law in any such statement without

admitting its truth;

(4.) Stating concisely any new fact or document upon which he intends to rely as a defence or to bring to the notice of the Court; and a copy thereof shall be transmitted by the Registrar to the plaintiff.

The fact of a defendant having or not having availed himself of this Rule shall be taken into account in the consideration of the question of

costs.

Admissions.

131. When a defendant desires to admit the truth of the statement in the plaintiff's particulars and to submit to the judgment of the Court thereon, he may, at any time before the return day, sign an admission in the presence of the Registrar, and such admission shall be filed at least

Digitized by Oog e