Directory_and_Chronicle_1915 — Page 429

436

Paying money

into Court and searches.

Interroga- tories.

Form 54.

Answer to in- terrogatories.

Form 55.

Form 56.

RULES OF SUPREME COURT IN CHINA

(5) When a defendant pays into Court in part payment of the amount claimed, or under the defence of tender, and the plaintiff does not accept the sum paid in satisfaction of the action, the money shall not be paid out until after the judgment, and then, if any costs have been awarded to the defendant, the amount of such costs shall be deduct- ed from the amount paid in and delivered to the defendant.

137.-(1) Money to be paid into Court under an order of the Court, or otherwise, may be so paid during office hours, on every day on which the office is open.

(2) Whenever money is paid into or deposited in Court, whether before or after judgment, an acknowledgment in print or in writing, signed by the proper officer, of such payment or deposit shall be given to the person by whom the money is paid or deposited.

(3) Searches may be made and the money to which suitors are entitled shall be paid out on demand on two days at least in each week, such days to be fixed by the Court and to be printed or written on the

summons.

(4) No officer of the Court shall on account of suitors, sign the ledger or any other book, or receive money, or otherwise act as an agent.

Discovery and Inspection.

138.-(1) In any action either party may, by leave of the Court deliver interrogatories in writing for the examination of the opposite parties, or any one or more of such parties, in which latter case they shall have a note at the foot stating which of the interrogatories each person required to answer.

is

(2) Neither party shall deliver more than one set of interrogatories to the same party without an order of the Court.

(3) No interrogatory which does not relate to any matter in question in the action or matter shall be allowed.

(4) On an application for leave to deliver interrogatories the particular interrogatories proposed to be delivered shall be submitted to the Court. In deciding upon such application the Court shall take into account any offer which may be made by the party sought to be inter- rogated to deliver particulars, or to make admissions, or to produce documents, and leave shall be given to deliver only such interrogatories

as seem necessary.

(5) When the party sought to be interrogated is a company, partner- ship, or other body of persons, the name of the officer, member, or per- son by whom it is proposed that the interrogatories shall be answered must be inserted in the interrogatories, and an order allowing the inter- rogatories may be made accordingly.

(6) Any interrogatories may be set aside on the ground that they are unreasonable or vexatious, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous.

139.-(1) Interrogatories shall be answered by affidavit within eight days, or such time as the Court may allow.

(2) Any objection to answering any interrogatory, on the ground that it is scandalous or irrelevant, or not bona fide for the purpose of the action or matter, or on any other ground, may be taken in the affidavit

in answer.

(3) If any person interrogated omits to answer, or answers in- sufficiently, the party interrogating may apply to the Court for an order requiring him to answer or to answer further, as the case may

be.

(4) Such answer or further answer may be either by affidavit or n vivú voce examination, as the Court shall direct.