Directory_and_Chronicle_1913 — Page 453

440

RULES OF SUPREME COURT IN CHINA

(3.) At the appointed time the Registrar shall proceed to tax the costs according to the Rules and the Schedules of costs, setting down in the column reserved for that purpose against each item the amount (if any) which he disallows. At the conclusion of the taxation the dis- allowance column is to be added up, and the sum deducted from the original amount of the bill; the difference so obtained is the sum at which the bill is taxed. The Registrar shall make a Memorandum at the foot of the bill as follows:-

"Taxed at

“A. B.,

"

Registrar."

Costs of witnesses.

Appropriation

of moneys

paid into Court.

Costs of war- rant against goods.

No costs of judgment

Buniшons

unless order

□ ade.

Costs of commitment.

Possession fee.

Appraisement.

Charge of legal Practitioner.

**

(4.) All bills of costs are to be dated and entitled in the action to which they refer, and are to be distinguished as "plaintiff's costs" or "defendent's costs" as the case may be. They must be ruled on the right-hand side with double money columus, only one of which is to be filled up. the other being reserved for the entry by the Registrar of his disallowance.

243. The costs of witnesses, whether they have been examined or not, may be allowed though they have not been summoned, unless the Court otherwise orders. In such cases the Court shall give special directions as to the amounts to be allowed.

244. Money paid into Court on a judgment shall be appropriated first in satisfaction of the Court fees and costs, and afterwards in satis- faction of the original demand.

245.-(1.) Costs of warrants against the goods, whether executed or unexecuted or unproductive, shall be allowed against the party against whose goods the warrant is issued, unless the Court shall otherwise direct.

(2.) On the hearing of a judgment summons, where a warrant against the goods has been issued, the costs of such warrant shall not be allowed against the judgment debtor unless the Court is satisfied that there was a reasonable cause for issuing the warrant.

246. The costs of a judgment summons shall not be allowed against the judgment debtor unless some order shall have been made thereon; but where an order is made on a judgment summons the Court may, in its discretion, allow the costs against the judgment debtor of any previous judgment summonses which have not been served through the judgment debtor having evaded service.

or

247. Costs of warrants of commitment, whether executed unexecuted, shall be allowed against the defendant, unless the Court shall otherwise order.

248. No possession fee shall be payable where an execution is paid out at the time of the levy; but if the officer shall necessarily remain in possession more than half-an-hour and the execution shall be paid out on the day of levy, the possession fee for that day shall be charged.

249. No appraisement is to be made until the fifth day of the Marshal holding possession of the goods under an execution unless where the goods are of a perishable nature, or are sold at the request of the party before the expiration of four days, or unless the goods are removed.

Practice.

250. Where any party changes his legal practitioner he shall give notice in writing of such change to the Registrar, stating the name and place of business of the new legal practitioner, and the Registrar shall file the notice.

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