CODE OF CIVIL PROCEDURE-HONGKONG
293
an admission of liability to the extent of the amount paid in and no more, and for no other purpose.
thereof by
3. Where the defendant pays money into Court, the plaintiff shall Acceptanes be at liberty to accept the same in full satisfaction and discharge of the Plaintiff cause of suit in resp ct of which it is paid in: anl in that case, the plaintiff may forthwith apply by summons tor payment of the money out of the Court to him; and on the hearing of the summons, the Court shall make such order as to stav of further proceedings in te suit, in whole or in part, and as to costs and other ma ters, as seems just.
*
4. If the plaintiff does not apply, he shall be considered as insist that he has sustained damages to a greater amount, or (as the case may be) that the defendant was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been inade and not accepted.
Set-off.
m-acceptance
LLereof
par. 8.]
XXXVI.-A defence of set-off to claim for money, whether in debt Particare. or in damages, must be accompanied by a statement of t e particulars of [See post & 67. the set-off; and if pleaded as a sole d fence, unless exten ling to the w ole amount of the plaintiff's claim, must also be accom anied by payment into Payment into Court of the amount to which, on t e de endant's showing, the plaintiff Court. is entid; and in default of such payment, te defendant shall be lia le to bear the costs of the suit, even if he succeeds in is defence to the Costs. extent of the set off pleaded.
2. Vhere a defendant in his answer raises a defence by way of set-off which, in the opinion of the Court, is not admissible as set-off, the Court may either before or at the bearing, on his application, give in liberty to withdraw such defence, and to file a cross-petition, and may make such order for hearing of te suit and cross-suit, together or otherwise, on such terms as to costs and other matters as seem just.
Counter Claim.
Cross-action.
in same Suit.
XXXVII. Where a defendant in his answer raises any specific Leave to file defence, and it appears to the Court that on such defence being established Cross-pelation he may be entitled to relief against the plaintiff in respect of the subject matter of the suit, the Court may on the application of the defendant, either before or at the bearing if under the circumstances of any case it thinks fit, give liberty to him to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim, together or otherwise, and in such manner and on such terms as to costs and other matters as seem
just, and may, if in any case it seems fit, require the plaintiff to give, security to the satisfaction of the Court (by deposit or o.herwise) to abide by and perform the decision of the Court on the counter-claim.
Specific Anser.
Security.
XXXVIII.—Where the defendant does not answer (an answer not Summons be being dispensed with in manner aforesaid), or puts in an answer amount. compel. ing only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer specifically to the several material allegations in the petition, and the Court, if such allega- tions are briefly, positively, separately, and distinctly made, and it thinks that justice s requires, may grant such an order.
2.-The defendant shall, within the time limited by such order, put ia Nature of such his answer accordingly, and shall therein answer the several material allega- Answer. tions in the petition, either admitting or denying the truth of such allegations. seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating as to any oue or more of the allegations that he does not know whether such allegation or allegations is or are true or otherwise.