Directory_and_Chronicle_1915 — Page 417

421

Orders of the Court.

Eatry of action

in Action Book.

Infint suing.

Form 40.

Married Wonen suing.

Report of

action or

difficult points of law.

Plaintiffs and Defendants,

RULES OF SUPREME COURT IN CHINA

(ii.) Order to allow any amendment of any pleading or other document;

(iii.) Appoint or allow a time for, or enlarge or abridge the time appointed or allowed for, or allow further time for, the doing of

any act or the taking of any proceeding.

(2) No action or proceeding shall be treated by the Court as invalid on account of any technical error or mistake in form or in words.

(3) All errors and mistakes may be corrected and times may be extended by the Court in its discretion.

74. Any order within the discretion of the Court may be made on such terms respecting time, costs, and other matters, as the Court thinks fit.

Entry of Action.

75.—(1) Upon the application of any person desirous of bringing an action, the Registrar shall enter, in a book to be kept for the purpose, the names, descriptions and places of residence of the parties, and address for service of the plaintiff.

(2) Each action shall be numbere1 consecutively in every year.

(3) The Registrar shill issue all summonses (in duplicate) forth- with after the actions are entered.

76. When a person under the age of 21 years desires to commence an action (other than for wages, or piece-work, or for work as a servant) he must secure the attendance of a "next friend" before the Registrar at the time of entering the action, who shall undertake (by signing a Memorandum to that effect, or, if a foreigner, by complying with the requirements of Article 151 (2) of the Principal Order) to be responsible for costs. On entering into this undertaking, the "next friend" becomes liable in the same manner and to the same extent as if he were a plaintiff, and the action shall proceed in the name of the infant "by X. Y., his next friend,” and, in the event of the infant becoming liable for costs, proceedings may, in default of payment, be taken for the recovery of the amount against the "next friend."

77. When an action is entered by a married woman in which her husband is not joined she shall state the name, and, as far as she can, the address and description of her husband: and, except in those cases to which the Married Women's Property Act, 1882, applies, shall, unless the Court shall otherwise order, also procure the attendance of a

"next friend," who shall give the undertaking and incur all the liability provid ed in the case of an infaut plaintiff in the last preceding Rule.

78.-Where an action is commenced in a Provincial Court, and in volves an amount in dispute of more than 500%, or appears to involve difficult questions of law, the Court shall forthwith report the commence- ment and nature of such action to the Supreme Court.

Parties.

79.-(1) All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged to exist, whether jointly, severally, or in the alternative, and judgment may be given in favour of one or more of the plaintiffs for such relief as he or they may be found entitled to without any amendment.

(2) All persons may be joined as defendants against whom any relief is sought, whether jointly, severally, or in the alternative, and judgment may be given against one or more of the defendants, according to their respective liabilities, without any amendment.