Directory_and_Chronicle_1916 — Page 490

RULES OF SUPREME COURT IN CHINA

the office of the Registrar particulars of the goods or chattels he alleges to be his property and the ground of his claim, or, in case of a claim for rent, of the amount of such rent, and for what period and in respect of what premises the rent is claimed to be due, and the name, address, and description of the claimant shall be fully set out in such particulars, and any money paid into Court under the execution shall be retained by the Registrar until the claim has been adjudicated upon; but by order of the Court or with the consent of all parties an interplead r claim may be tried although this Rule has not been complied with.

damages.

206. Where a claimant to goods taken in execution claims damages Claim for from the execution creditor or from the Marshal for or in respect of the seizure of the goods, he shall, in the particulars of bis claims, state the amount he claims for damages, and the ground upon which he claims, such damages. And where he claims damages from the Marshal arising out of the execution of any process, he shall, three clear days before the return day, deliver to the Marshal a notice of his claim stating the grounds for and the amount of such claim.

Court of

207. Where a claim for damages is made against the Marshal and Payment inl execution creditor, or either of them, they or either of them may pay damages into Court an amount in full satisfaction of such claim, and such payment claimed. into Court shall be made in the same manner, and have the same effect, and the parties respectively shall have the same rights an remedies as they would have by the practice of the Court if the proceedings had been an action in which the claimant was plaintiff and the Marshal and judgment creditor were defendants.

decision

208. Where the claim under any interpleader summons shall be Marshal's decided against the claimant, the costs of the Marshal allowed by the costs where Court shall be retained by the Marshal out of the amount levied, unless against the Court shall otherwise order, but without prejudice to the right of the execution creditor against the claimant for the sum so retained.

claimant.

assignor dis.

209. An interpleader summons shall be served in the same time and Service of

interpleader mode as has been directed for the service of a summons in an action. Bummons.

210. Where the defendant in an action brought by assignee of a Where debt or chose in action has had notice that the assignment is disputed by putes an the assignor or any one claiming under him or has had notice of any assignment. other opposing or conflicting claim to such debt or chose in action, he may, within five days after service of the summons, apply to the Registrar for a summons against the assignor, or the person making such conflicting claim, and the Registrar shall there. upon issue an interpleader summons, returnable as soon as conveniently may be, and upon the return day the Court shall hear the case of the defendant and of the plaintiff in the action, and also of the assignor disputing such assignment, or of the person making such opposing or conflicting claim, and shall give such judgment therein as shall finally determine the rights and claims of all parties as if the same had been an ordinary action into which a third party had been introduced by counterclaim.

an action by assignee may

into Court.

211. Where the defendant in an action brought by the assignee of Defendant in a debt or chose in action has had notice as in the last preceding Rule anay mentioned, and thinks fit to pay the debt and costs into Court to abide pay money its decision, he shall, upon such payment into Court, give to the Registrar the name of the person against whose dispute of the assignment or con- flicting claim he desires to be protected, and the Registrar shall thereupon give notice to such person, and on the return day the Court shall deter- mine the rights of the parties, and may, if it thinks fit, order the defendant to pay all or any part of the costs.

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