Directory_and_Chronicle_1915 — Page 370

H.B.M. SUBJECTS IN CHINA AND COREA

action under this Order shall comprise and be equivalent to a suit, cause, or petition, or to any civil proceeding, howsoever required by any such enactment or provision to be instituted or carried on.

91.-(1) Every action shall commence by a summons issued from the Commence- Court, on the application of the plaintiff, and served on the defendant (in ment of this Order referred to as an original summons); but notwithstanding this provision, proceedings may be taken in and applications may be made to the Court in particular classes of cases, in such manner as may be prescribed by Rules of Court, or where such manner is not so pre- scribed, in such manner as like proceedings and applications are taken and made in England.

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in Supreme Court.

92.--(1) Subject to the provisions of this Order, every action in the Trial by jury Supreme Court which involves the amount or value of £150 or upwards shall, on the demand of either party in writing, filed in the Court seven days before the day appointed for the hearing, be heard with a jury.

(2) Any other suit may, on the suggestion of any party, at any stage, be heard with a jury, if the Court thinks fit.

(3) Any suit may be heard with a jury if the Court, of its own motion, at any stage, thinks fit.

93.-(1) The Supreme Court may, if it thinks fit, hear any action Trial by with assessors.

(2) A Provincial Court shall (subject to the provisions of this Order) bear with assessors every action which involves the amount or value of £150 or upwards.

(3) In all other cases a Provincial Court may, as it thinks fit, hear the action either with or without assessors.

assessors.

94-(1) After the issue of a summons by any Court, the decision Special cass. of that Court may be given upon a special case submitted to the Court

by the parties.

(2) Any decision of a Provincial Court may be given subject to a case to be stated by, or under the direction of, that Court for the opinion or direction of the Supreme Court.

95. Subject to the provisions of this Order and the Rules of Court, Costs. the costs of and incident to all proceedings in the Court shall be in the discretion of the Court, provided that if the action is tried with a jury the costs shall follow the event, unless the Court shall for good cause (to be entered in the Minutes) otherwise order.

Arbitration.

96.—(1) Any agreement in writing between any British subjects or Arbitration, between British subjects and foreigners to submit present or future differences to arbitration, whether an Arbitrator is named therein or not, may be filed in the Court by any party thereto, and, unless a con- trary intention is expressed therein, shall be irrevocable, and shall have the same effect as an order of the Court.

(2) Every such agreement is in this Order referred to as a submission. (3) If any action is commenced in respect of any matter covered by a submission, the Court, on the application of any party to the action, may by order stay the action.

97.--(1) In any action—

(a) If all parties consent, or

Reference of actions to special

(b) If the matters in dispute consist wholly or partly of matters of referees.

account, or require for their determination prolonged examina- tion of documents or any scientific or local examination:

the Court may at any time refer the whole action, or any question or issue arising therein, for inquiry and report, to the Registrar or any

*pecial Referee.

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