The Archive · 1905

1904, aND WITH THE APPROVAL oF

His Masesry's Minisrer, DECLARED to BE URexnt.

1.—Every acti writ of summons, Schedule hereto, the formal parts of which be filled up in duplicate by the Rogistar at the time of entering the action. Eve'y summons, except where otherwise specially provided, shall bear date on the day of issue, and' shall be tested in the name of the member of the Quurt by which it is issued.

2.—Every writ of summons shall be indorsed with a statement sufficient to give notice of the nature of the dim, or of the relief or remedy required in the action, and, when damages are claime with a statement of the amount of such damages. Such indorsement shall be made and signed by one of the persons mention. ed in Article 121 (1) of the Principal Order.

3.—If o 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 ssu tiff suing out a writ of ne or jointly with any part mn (or in the case of an ction in theSapreme Court, out of the dis. trict of the Consulate of Shanghai) h file in the Court, at or before the issue of the summons, a written statement of a fit place within the particular jurisdiction (ur within such district as aforesaid), where notices and other Papers issuing from the Court fe'shall alas give security for costs by served on him. deposit of a sum not exceeding £50, or by bond in " penal sum not exoseding £100.

The Court may at any time, either of its defendant, order the plaintiff to give own motion or on the application of any further or better security to the amount aforesaid for costs, and may direct pro ceedings to be stayed in the meanwhile.

§.—(1.) In all actions where the pli tiff seeks only to recover a debt or liqui dated demand in money payable by the defendant with or without interest, erising—

Upon a contract expressed or plied (as, for instance, on a bill of ex change, promi other sim bond or contract under seal for payment of a liquidated amount of money; or Ona Statute where the sum sought to be recovered is a fixed sum of money or in the nature of adept other than a penalty; or a guaranty, whether under seal or not, where the claim against the principal i respect of a debt or liquidated demand only (c.) Ona trast; ho may, besides stating the nature of the claim, state the amount claimed for debt or in respect of such demand and for costs respectively, and shall further state that, alter service, further proceedings will be, on payment thereof within four di

stayed.

(2.) The defendant may, notwithstanding such payment, ha costs taxed, and if more than one-sixth shall bs disallowed the plaintiff shall pay the cysts of taxati 6.—Where the plaintiff proceeds under Rule 5, he may, on the return day, whether the defendant appears ur not, on affidavit made by himself or by any other swear positively to the the cause of action and tt amount claimed, and stating that in his belief there is no defence tw the action, apply to the Court for final judgment for the amount indorsed upon the writ. of Summons, together with interest, if woy, and costs. The Court may thereupon, unless the defendant shall by affidavit or by viva voce evidence on oath satisfy the oars that he hes ® guoi defence (0 the action on the merits, or disclose such facts as may be deemed sufficient to entitle him to defend, give final judgment for the plaintiff accordingly.

7-—In all cases where the plaintiff in the first instance desires to have an account, taken, the indorsement shall contain a claim that such account be take 8.—In all cases where the assignee of any debt or other Irgal chose in action sues, he shall state in the indorsement the name and description of the "signor.

9.—Where the plaintiff seeks to obtain redress upon more than one cause of action or claim, he shall state in the indorsed the grounds of each claim separately, and shall also state separately the redress he claims in respect df each.

10.—(1.) An original sum: nous shall not be in force fur more than months from the day of its date, including that day. before the apply to the Court for renewal thereof.

(3) The Court, if "satisfied that reasonable efforts have beea made to serve the defendant, or for other good reason, may order that the summons be renewed "Fon tux Broop 1 rum Live."—If the blood is laden wth Smpartties i spreads disease as it circames through the organs of the human oody—Lungs, Heart, Stomach, Kidneys, Brain. Clarke's World-famei Blood Mixture la warranted to cleanse the blood from all impurities from whatever sue arising. For Scrofula, Scurvy, Eorema, Bad Legs, Skin and Blood Diseases, Pimples, and Sores of all kinds ite effects are marvellous.

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Beware of worthless imitations and sab for six months from the date of renewal, and so, from time to time, during the currency of the renewed summons.

(4) The summons shall Lo renewed by being resealed with the seal of the Court, and a note being made thereon by t Registrar, stating the renewal and the date thereof.

(6.) Asummons s0 renewed shall remain in force and be available to prevent the operation of any statute of limitation, and for all other purposes, as from the date of the original sammons.

16.) The production of summons purporting to be so renewed shall be Sufficient evidence of the renewal and of the commencement of the action, as of the date of the original summons, for all purposes.

11.—If an action is not proceeded with and disposed of within twelve months from service of the original summons, the Court may, if it thinks tt, without application by any party, order the same to be dismissed for failure to proceed.

Text read from the printed page and cleaned; old type leaves the occasional error.

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