Directory_and_Chronicle_1917 — Page 484

404

Effect of imprisonment of debtor.

Discharge of debtor.

Costs of enforcing a payment.

No proceedings to be taken on judgment siter six years with-

ont leave.

Orders within local jurisdic- tion.

Interpleader

·

summons.

Form 82.

Interpleader

in execution proceedings.

Form 83.

Particulars

and grounds of claim,

RULES OF SUPREME COURT IN CHINA

198. Imprisonment of a judgment debtor under the foregoing provisions does not operate as a satisfaction or extinguishment of the debt or liability to which the order relates, or protect the debtor from being anew imprisoned for any new default making him liable to be imprisoned,. or deprive the judgment creditor of any right to have execution against his goods as if there had not been such imprisonment.

199. The judgment debtor, on paying at any time the amount ordered to be paid and all costs and expenses, shall be discharged.

200. All costs incurred by a plaintiff in endeavouring to procure or enforce an order or judgment shall be deemed to be due in pursuance of such order or judgment, unless the Court shall otherwise order.

201. No warrant against the goods or judgment summons shall issue on a judgment more than six years old, unless some payment has been made by the judgment debtor into Court within twelve calendar months previously, or unless by leave of the Court; but no notice need be given to the debtor before applying for such leave, and such leave shall be expressed on the warrant or judgment summons under the seal of the Court.

202.-(1) Ordinarily, an order of a Provincial Court shall not be enforced out of the Consular district of the Consular fficer making the order.

"

(2) Where, however, a Provincial Court thinks that the urgency or other peculiar circumstances of the case so require, that Court may, for reasons recorded in the Minutes, order that any particular order be enforced out of the particular district.

Interpleader.

203. Where a person seeking relief is under liability for any debt money, goods or chattels, for or in respect of which he is or expects to be sued by two or more parties making adverse claims thereto, he may apply for an interpleader summons calling on the claimants to appear and state the nature and particulars of their claims and either maintain or relinquish them.

Before issuing the summons the Court must be satisfied by affidavit or otherwise-

(a) that the applicant claims no interest in the subject-matter in

dispute other than for charges and costs;

(b) that the applicant does not collude with any of the claimants; (c) that the applicant is willing to pay or transfer the subject-

matter into Court or dispose of it as the Court may direct. On the return day of the summons, whether the claimants appear or not, the Court may direct in what manner the dispute between the claimants shall be tried, and shall proceed to or adjourn the trial as may seem most expedient.

If the original applicant is the defendant in an action which has already been commenced, the Court may stay all future proceeding in

such action.

204. Where any claim is made to or in respect of anything taken in execution under the process of the Court or in respect of the proceeds or value thereof, the Marshal shall apply to the Court for an interpleader summons, and the Registrar shall issue such summons without leave of the Court.

The case shall then proceed as if claimant were the plaintiff and the execution creditor the defendant.

205. Two clear days before the return day of the summons under the preceding Rule the claimant shall deliver to the Marshal or leave at

L