1917

EXILES OF SUPEEME COUET 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.
126. The drafts of all orders under the two preceding Eules shall Draft order to
be prepared beforehand by the party applying, and if the Court approves court!ledby
■of the application it shall settle and sign the draft, which shall be
delivered by the applicant to the Eegistrar, 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.
127. When orders under sections 5, 6, and 7 of Eule 124 specify the Orders under
performance of an act by a person named in the order, they may include ^tion^b e
an order for the Eegistrar, or some other person named in the order, to and?,
examine upon oath and take the deposition of the person first named as
to the measure, weight , or inspection, or the correctness of the survey, or
the result of the expeiiment, 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.
128. An order under Eule 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 Son2?,
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
against all or any of the parties thereto shall give written notice to the
Eegistrar and to the parties as to whom he wishes to discontinue the
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—
(1) Disclaiming any interest in the subject-matter of the action;
(2) Admitting or denying any of the statements in plaintiff’s
particulars;
(3) Eaising any question of law in any such statement without
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 Eegistrar
to the plaintiff.
The fact of a defendant having or not having availed himself of this
Eule 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
in the plaintiff’s particulars and to submit to the judgment of the Court
thereon, he may, at any time before the return day, sign an admission in
the presence of the Eegistrar, and such admission shall be filed at least
Discontinu¬
ance of action.
Disclaimer,
admission, and
other state¬
ments by
defendant.
Form 50.
Admission of
truth of plain
till’s state¬
ment.
Form 51.