Directory_and_Chronicle_1917 — Page 471

RULES OF SUPREME COURT IN CHINA

or otherwise as security for any sums of money, the Court, upon being satisfied by affidavit or otherwise of the existence of such lien or security, may order that the claimant shall be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum (if any) for interest and costs as the Court shall direct, and that upon such payment being made into Court the property shall be given up to the party claiming it.

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126. The drafts of all orders under the two preceding Rules shall Draft order to be prepared beforehand by the party applying, and if the Court approves Court.

be settled by of the application it shall settle and sign the draft, which shall be delivered by the applicant to the Registrar, who shall draw up the order in conformity with the draft, and seal and file same, and issue a copy under the seal of the Court to the Marshal for service.

Where from any cause the party is unable to prepare the draft order, it shall be prepared by the Court.

sections 5, 6,

127. When orders under sections 5, 6, and 7 of Rule 124 specify the orders under performance of an act by a person named in the order, they may include Rule 124, an order for the Registrar, or some other person named in the order, to and 7. examine upon oath and take the deposition of the person first named as to the measure, weight, or iuspection, or the correctness of the survey, or the result of the experiment, or the fairness of the samples, or the accuracy of the plan or model, and such order may also empower any or either party to give the deposition so taken in evidence upon any trial or proceeding.

Rule 124,

128. An order under Rule 124, section 7, may also give authority to Orders under a person to be named in the order to enter, with such persons as may be section. necessary for his assistance, upon any lands or tenements to be described in the order in the possession of any party to the action for the purpose of executing the order.

Discontinuance and Disclaimer.

129. A plaintiff who desires to discontinue the action or matter Discontinu- against all or any of the parties thereto shall give written notice to the ance of action, Registrar and to the parties as to whom he wishes to discontinue the Form 49. action or matter, and thereupon the party may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of the notice and of attending to obtain the order.

130. A defendant may file a statement-

Disclaimer, admission, and other state.

(1) Disclaiming any interest in the subject-matter of the action; (2) Admitting or denying any of the statements in plaintiff's ments by

particulars;

defendant.

(3) Raising any question of law in any such statement without Form 50.

admitting its truth;

(4) Stating concisely any new fact or document upon which he intends to rely as a defence or to bring to the notice of the Court; and a copy thereof shall be transmitted by the Registrar to the plaintiff.

The fact of a defendant having or not having availed himself of this Rule shall be taken into account in the consideration of the question of

costs.

Admissions.

131. When a defendant desires to admit the truth of the statement Admission of in the plaintiff's particulars and to submit to the judgment of the Court truth of plain thereon, he may, at any time before the return day, sign an admission in ment. the presence of the Registrar, and such admission shall be filed at least Form 51.

tiff's state-