Directory_and_Chronicle_1914 — Page 452

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Special case. Form 94.

Special case

for the opinion

RULES OF SUPREME COURT IN CHINA

Special Case.

263. The parties to an action may, at any time after the summons has been issued, agree in stating any questions of law in the form of a special case for the opinion of the Court, and may agree in writing that on the judgment of the Court being given in the affirmative or negative of the question of law raised, a sum of money, agreed upon by the parties or to be ascertained in such manner as the Court may direct, shall be paid by one of the parties to the other of them either with or without costs, and the judgment of the Court may, on the decision of the special case, be entered for the sum so agreed or ascertained, with or without costs, as the case may be, and execution may issue thereupon.

264. If the action is in a Provincial Court, the parties may by of the Supreme Agreement state the question in the form of a special case for the

opinion of the Supreme Court, and Rule 263 shall apply.

Court.

Reference of a

point of law to the Supreme Court.

Kode of

drawing case.

When settle- ment of case

with, Court to settle it.

265. When during the hearing of any case a difficulty in point of law arises which a Provincial Court deems expedient to refer to the Supreme Court, the Provincial Court is to decide upon the facts and enter its verdict thereon subject to a special case to be determined by the Supreme Court.

266. (1) When the parties are represented by legal practitioners, the case should be drawn by the legal adviser of the plaintiff, and settled by the legal adviser of the defendant, and if any difference arises between them as to the form of the case the Court will finally settle it.

(2) If the plaintiff and defendant are unrepresented, and from any reason are unable to draw a case, the Court will do so in consultation with the parties.

(3) Every special case shall be divided into paragraphs numbered consecutively, and shall concisely state such facts and documents as may be necessary to enable the Court to decide the questions raised thereby, and shall be signed by the parties. The argument of the case shall be subject to the Rules on that behalf for the time being in force in the Supreme Court.

267. If either party refuses to proceed with the settlement of the not proceeded special case, the party desirous of proceeding shall prepare the case and serve a copy of it on the other side, and if he refuses or neglects to proceed with the settlement of it within seven days, a summons may be taken out by the proceeding party calling on the other party to show cause why the Court shall not settle the case. On the return day of the summons the Court shall settle the case whether the opposite party be present or not.

Transmission

ot special case for Bupreme Court

Commencement proceedings.

268. When a special case for the opinion of the Supreme Court is ready, the Provincial Court shall, on receipt of the legal fees, forward it under cover to the Registrar of the Supreme Court together with all documents alluded to in the case, and the Supreme Court will, upon receipt of the case, fix a day for the argument and give notice thereof to the Provincial Court, and thereupon that Court shall take all requisite steps to acquaint the parties.

The Provincial Court may, if it considers it necessary to do so, before forwarding the case to the Registrar of the Supreme Court, cause either or both parties to enter into recognizance to abide the decision of the Supreme Court and to pay all costs arising out of the special case.

Bankruptcy Proceedings.

269. Proceedings in bankruptcy subsequent to an act of Lankruptcy are originated by a bankruptcy petition presented either by a creditor or