Directory_and_Chronicle_1917 — Page 478

398

Entry of Judgment.

Forms 63 and

70.

Service of order for payment of money or of adjournment

Consent.

Orders for pay-

RULES OF SUPREME COURT IN CHINA

(5) An order shall not be drawn up in form except on the application of some party to the action, or by direction of the Court, and shall then be passed and be certified by affixing thereto the seal of the Court, and it shall then be deemed to form part of the record in the action. (6) An order shall not be enforced or appealed from nor shall an office copy of it be granted until it forms part of the record.

(7) An order shall bear the date of the day of the delivery of the decision on which the order is founded.

(8) Any party to an action or proceeding is entitled to have an office copy of any order made therein.

167. All orders of adjournment or for the payment of costs and all judgments for the payment of any debt or damages or costs shall be entered by the Registrar in the Minutes; but all special judgments or orders in the nature of Decrees shall be settled by the Court and shall be sealed with the seal of the Court and filed with the rest of the documents in the action or matter, and the Minute of the filing, with an abstract of such judgment or order and the date thereof, shall be entered in the Minutes.

168. Orders for payment of money or costs or both and orders of adjournment when directed to be served shall in all cases be prepared by the Registrar, and, unless the Court shall otherwise order, shall be delivered to the Marshal, who shall immediately send them to the parties on whom they are directed to be served. But it shall not be necessary for a party in whose favour any order has been made to prove, previously to his taking proceedings thereon, that it has reached the other party.

169. Any consent in writing signed by or on behalf of the parties may, by leave of the Court, be filed, and shall thereupon have the effect of an order of the Court.

170.-(1) When the Court orders the payment of a sum of money ment of money. such money shall, unless the Court otherwise orders, be payable

Form 71.

Injunction.

Ferm 2.

Where an order

be prepared.

forthwith.

(2) The Court may order the amount of a judgment and the costs to be paid by instalments as it may think fit.

(3) When the amount in dispute does not exceed 501. the Court may at the time of giving judgment award a lump sum for costs, not exceeding 57. and Court fees, and such sum shall become payable forth- with unless the Court otherwise orders.

(4) The rate of interest on judgment debts shall be 5 per cent. (5) All payments may be made into Court.

(6) The Registrar shall give notice to the party in whose favour it is made of every payment made into Court when the payment exceeds 10s. 171. In any action or matter in which an injunction has been or might have been claimed the plaintiff may, before or after judgment, apply for an injunction to restrain the defendant from the repetition or continuance of the wrongful act or breach of contract complained of, or from the commission of any wrongful act or breach of contract of a like kind relating to the same property or right, or arising out of the same contract, and the Court may, in addition to giving judgment for such damages and costs as the plaintiff may be entitled to, grant the injunction either upon or without terms as may be just.

172. Where a judgment or order directs any deed to be prepared directs a deed to and executed, it shall state by what party the deed is to be prepared and to whom it shall be submitted for approval, and if the parties cannot agree upon the form of it the Court may, upon the application of either party, either settle the deed itself, or name a competent person by whom the deed shall be settled subject to the final approval of the Court.