384
Paupers.
of action may
Several causes
be joined.
Claims by or
against separate persons.
Separate trials may be ordered.
Form of summons.
Form 41.
Indorsement of claim.
Capacity of plaintiff and defendant to be stated. Form 42.
Plaintiff out of jurisdiction.
RULES OF SUPREME COURT IN CHINA
92.-(1) The Court may admit a person to sue or defend as a pauper on his poverty being proved; when he is plaintiff he must show that he has a proper case for relief.
(2) The Court may by order assign a legal practitioner to appear on behalf of such pauper, and such legal practitioner is not entitled to refuse his services unless he satisfies the Court of some good reason for refusing.
(3) If any such pauper gives or agrees to give any fee, profit, or reward for the conduct of his business in Court, he shall be guilty of a contempt of Court, and shall also be forthwith dispaupered, and shall not be afterwards admitted to sue or defend as a pauper in the same proceed- ings or action.
(4) A person admitted as a pauper may be dispaupered by order of the Court, on its being proved that he was not when admitted, or no longer is, of sufficient poverty, or that he is abusing his privilege by vexatious proceedings.
Joinder of Causes of Action.
93. A plaintiff may unite in the same action several causes of action. without leave of the Court, except in the following case, in which leave of the Court is required, viz., the joinder of claims by a trustee or assignee in bankruptcy with any claim by him in another capacity.
94.-(1) Claims by or against husband and wife may be joined with claims by or against either of them separately.
(2) Claims by or against an executor or administrator as such may be joined with claims by or against him personally, if the last-mentioned claims are alleged to arise with reference to the estate in respect of which he sues or is sued as executor or administrator.
(3) Claims by plaintiffs jointly may be joined with claims by them, or any of them separately, against the same defendant.
95. If at any time it appears to the Court that the causes of action or claims joined in any action cannot conveniently be tried and disposed of together, it may order separate trials or may exclude any such cause of action or claim, and may order the proceedings to be amended accord- ingly, and may make such order as to costs as may be just.
Writ of Summons and Procedure.
96. Every action shall be commenced by a writ of summons, the formal parts of which shall be filled up in duplicate by the Registrar, at the time of entering the action. Every summons, except where other- wise specially provided, shall bear date on the day of issue, and shall be tested in the name of the member of the Court by which it is issued.
97. Every writ of summons shall be indorsed with a statement sufficient to give. notice of the nature of the claim or of the relief or remedy required in the action, and, when damages are claimed, with a statement of the amount of such damages. Such indorsement. shall be made and signed by one of the persons mentioned in Article 121 (1) of the Principal Order.
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98. If a plaintiff sues or a defendant is sued in a representative capacity, the indorsement shall show in what capacity the plaintiff or defendant sues or is sued.
99. Where a plaintiff suing out a writ of summons, either alone or jointly with any other person, is ordinarily resident out of the particular jurisdiction (or in the case of an action in the Supreme Court, out of the district of the Consulate of Shanghai), he shall file in the Court, at or
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