Directory_and_Chronicle_1915 — Page 433

440

General juris-

on trial of action

RULES OF SUPREME COURT IN CHINA

within or without the jurisdiction, the Court shall order the action to be struck out unless the plaintiff undertakes to discontinue the action in the other Court before a certain date to which the trial shall be adjourned, and if the action in the other Court has not been discontinued by that date, the action shall then be struck out.

158. At the trial the Court may try the whole matter of the action diction of Court and give judgment thereon, or grant any relief, redress, or remedy, or may make any order and give any direction it may consider necessary to enable it to give a final judgment upon a future day (to which the trial shall be adjourned), and may also make such order as to costs as shall be authorized by these Rules and as the Court may think fit.

Absent parties may be added at the hearing.

Separate judg. ments against more than one defendant.

Judgment on counter-claim may be given for balance,

Amendment.

Neglect to amend within time.

Amended

documents to

be marked,

Time for delivery.

Formal orders.

159. When at the trial the Court considers that the action cannot be adjudicated upon by reason of all the proper parties not being before the Court, it may order such parties to be made plaintiffs or defendants upon such terms as to adjournment notices and costs as it shall think fit.

160. When two or more defendants are joined, and judgment is given separately against each with costs, the costs shall be apportioned according to the respective amounts of each judgment, unless the Court shall otherwise order.

161. When a counter-claim is established against a plaintiff's claim, the Court way, if the balance is in favour of the defendant, give judgment for the defendant for such balance, or may adjudge to the defendant otherwise such relief as he may be entitled to on the merits of the case.

Amendments.

162. The Court may at any stage of the proceedings and in such manner and on such terms as may be just, allow all such amendments to be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

163. If a party who has obtained leave to amend does not amend accordingly within the time limited for that purpose, or, if no time is specified, within eight days from the date of the order, the order shall become ipso facto void, unless the Court shall think fit to extend the time.

164. Whenever any document is amended it shall be marked with the date of the order of amendment, and of the day on which the amendment is made, in manner following, viz.:-

Amended

dated the

2

day of

day of

"

, pursuant to order of

19

165. Whenever any document is amended it shall be delivered to the opposite party within the time allowed for the amendment, and when the document is one which is required to be filed the amended document shall be filed also in the same mauner.

Judgments and Orders.

166.-(1) A Minute of every order, whether interlocutory or final, shall be made by the Court in the Minutes of Proceedings at the time when the judgment or order is given or made.

(2) Every such Minute shall bave the full force and effect of a formal order, and shall form part of the Record.

(3) The Court may at any time order a formal order to be drawn

up on the application of any party.

(4) Where the Court delivers a decision in writing, the original or a copy thereof signed by the Judge or officer holding the Court shall be filed in the proper office of the Court with the papers in the action.