410
Time for
RULES OF SUPREME COURT IN CHINA
appeal or any of them, which the Supreme Court thinks fit to determine before final judgment is given in the appeal.
(3) Generally, the Supreme Court shall, as among the parties to the appeal, have as full jurisdiction over the whole action as if it had been originally instituted and prosecuted in the Supreme Court by parties subject to the original jurisdiction of the Supreme Court.
(4) The Supreme Court may, if it thinks fit, remit the action to the Provincial Court to be re-heard or to be otherwise dealt with as the Supreme Court directs.
(5) The powers of the Supreme Court may be exercised notwith- standing that the appeal is brought against part only of the decision of the Provincial Court.
(6) Those powers may be exercised in favour of all or any of the parties to the action, although they have not appealed from or complained of the decision.
Re-hearing in Supreme Court.
238. Where a final order has been made, an application for a re- application for hearing in the Supreme Court shall be made within fourteen days after
the making of the final order.
Security by bond.
Forms 89 and 90.
Form 91.
Denosit in lieu of bond.
Security fr
plaintiff
Security.
239.-(1) In all cases where a party proposes to give a bond by way of security, he shall serve on the opposite party and on the Registrar at his office notice of the proposed sureties in the proper form; and the Registrar shall forthwith give notice to both parties of the day and hour on which he proposes that the bond should be executed, and shall state in the notice to the person in whose favour the security is given that he must at that time be prepared to make any valid objection he may have to the sureties or either of them.
(2) The sureties shall make an affidavit of their sufficiency when- ever the opposite party shall give notice that the same is required.
(3) The bond shall be executed in the presence of the Court or of the Registrar, and shall be deposited with the Registrar until the cause is finally disposed of.
(4) No officer of the Court shall, under any circumstances, become surety in any case where by the practice of the Court security is required. 240. Where a party makes a deposit of money in lieu of giving a bond, he shall forthwith give notice to the opposite party of such a deposit having been made.
241. When a foreign plaintiff has made a deposit or given security easts by foreign for costs, he may give notice to the defendant, if successful, to tax costs, within a certain time to be named in such notice, being not less than seven clear days after judgment, and if the defendant fails, without good reason, to send in his bill of costs for taxation by the time named in the notice, the deposit shall be returned to the plaintiff or the security cancelled.
Taxation of
0.8 S.
But the return or cancellation shall not derogate from the right of the defendant to recover such costs from the plaintiff in such manner as may be open to him.
Costs.
242.-(1) All costs shall be taxed by the Registrar subject to revision by the Court.
(2) On receipt of the bill of costs of the party entitled thereto the Registrar shall fix a day for taxation, and give notice thereof to the parties.
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