Directory_and_Chronicle_1917 — Page 472

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Notice to admit docu- ments. Form 59.

Notice to admit facts.

Form 60.

Judgment on admissions.

Notice to pro- duce docu-

ments.

Form 61.

Payment into Court before judgment; how made.

Form 52.

Form 53.

RULES OF SUPREME COURT IN CHINA

two clear days before the return day, and the Registrar shall transmit a copy thereof to the plaintiff or his legal practitioner.

Unless by order of the Court, the plaintiff shall not be allowed any costs incurred in relation to the proof of the matter so admitted, after the service upon him of such admission.

132. Either party may call upon the other party to admit any document saving all just exceptions; and if the other party refuses or neglects to admit after this notice he shall pay the costs of proving the document in any event unless the Court certifies that the refusal to admit was reasonable. And no costs of proving any document shall be allowed unless such notice be given, except in cases where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.

133.—(1) Any party may give notice to another party by his plead- ing, or otherwise in writing, that he admits the truth of the whole or any part of the case of that other party.

(2) Any party may, by notice in writing, at any time not less than three clear days before the hearing, call on any other party to admit for the

purpose of the action or matter only any specific fact mentioned in the notice. In case the other party refuses or neglects to admit the fact within three days, or such further time as the Court may allow, he shall pay the costs of proving the fact in any event, unless at the hearing the Court certify that the refusal was reasonable or otherwise order.

134. At any stage of an action or matter where admissions of facts have been made any party may apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties. And the Court, upon such application, may make such order or give such judgment as it may think fit.

135. Any party may, by notice in writing, at any reasonable time before the trial of an action or matter, call upon any other party to pro- duce any document at the trial, and if after receipt of such notice the other party does not produce the document required, the party requiring it may, on proof of service of the notice and that the document is in the possession of the other party, give secondary evidence respecting it.

Payment into Court.

136.-(1) When a defendant desires to pay money into Court on an ordinary summons, except under a defence of tender, he shall do so at least two clear days before the return day with Court fees proportionate to the amount paid in and the legal practitioner's costs, if any, and the Registrar shall immediately send to the plaintiff notice thereof.

(2) When such payment is made less than two clear days before the return day or without the costs, the Registrar shall in the same way send notice to the plaintiff, but the Court may order the defendant to pay such fees and costs as the plaintiff shall have incurred in issuing the summons, preparing for trial and attending the Court, but no hearing fee shall be charged.

(3) If the plaintiff elects to accept the money paid into Court in full satisfaction of his claim including costs, and gives the Registrar and defendant notice before the return day, within reasonable time after the payment, the action shall abate and the plaintiff shall not be liable to further costs; but if he does not give such notice the action may proceed.

(4) When a defendant pays into Court any sum admitted by him to be due after deducting any amount claimed by him as a counter-claim, he shall pay there with Court fees proportionate to the total amount of the sum paid in and the sum claimed as counter-claim.