SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27TH SEPT., 1873. 425
7. The Answer shall show the Nature of the Defendant's De- what the fence to the Claim set up by the Petition, but may not set forth Answer should the Evidence by which such Defence is intended to be supported. set forth.
8. It should be clear and precise, and not introduce Matter Should be irrelevant to the Suit, and the Rules before laid down respecting precise and
relevant. the setting out of the Documents and the Contents of the Petition generally shall be observed in the Answer, mutatis mutandis.
9. It inust deny all such material Allegations in the Petition Denial of as the Defendant intends to deny at the Hearing.
Allegations.
Point of
10. Where the Answer denies an Allegation of Fact, it must Denial of Fact deny directly, as (for example) where it is alleged that the must answer Defendant has received a Sum of Money, the Answer must deny Substance. that he has received that Sum, or any Part thereof, or else set forth what Part he has received. And so, where a Matter of Fact is alleged in the Petition, with certain Circumstances, the Answer must not deny it literally as it is alleged, but must answer the Point of Substance positively and certainly.
as to Costs.
11. The Answer must specifically admit such material Allega- Admissions ----- tions in the Petition as the Defendant knows to be true, or desires Effects thereof to be taken as admitted. Such Admission, if plain and specific, will prevent the Plaintiff from obtaining the Cost of proving at the Hearing any Matters of Fact so admitted.
12. All material Allegations of Fact admitted by a Defendant Proof of Facts shall be taken as established against him. without Proof thereof not adinitted. by the Plaintiff at the Hearing. But the Plaintiff shall be bound
to prove as against each Defendant all Allegations of Fact not admitted by him, or not stated by him to be true to his Belief.
new Facts in
13. The Answer must allege any Matter of Fact not stated in Allegation of the Petition on which the Defendant relies in defence, as esta- Defence. blishing, for instance, Fraud on the Part of the Plaintiff, or show- ing that the Plaintiff's Right to recover, or to any Relief capable of being granted on the Petition, has not yet accrued, or is released, or barred, or otherwise gone.
or in support
14. The Answer of a Defendant shall not debar him at the Evidence in Hearing from disproving any Allegation of the Petition not denial of admitted by his Answer, or from giving Evidence in support of a Allegation, Defence not expressly set up by the Answer, except where the of Defence Defence is such as, in the Opinion of the Court, ought to have not set up in been expressly set up by the Answer, or is inconsistent with the Pleadings. Statements of the Auswer, or is, in the Opinion of the Court, likely to take the Plaintiff by surprise, and to raise a fresh Issue or fresh Issues of Fact or Law not fairly arising out of the Plead- ings as they stand, and such as the Plaintit ought not to be then called upon to try.
15. Subject to any General Rule or Order relating thereto, the Signature of Answer must be signed by the Defendant or his Counsel, unless Counsel. the Defendant obtain the Leave of the Court to dispense with such Signature.
Auswer.
16. The Court may, where the Circumstances of the Case Verification of appear to require it, order the Defendant to verify his Answer, or any Part thereof, on Oath or by Affidavit.
Tender.
XXXIV. A Defence alleging Tender by the Defendant must Payment into be accompanied by Payment into Court of the Amount alleged Court. to have been tendered.
Payment into Court.
XXXV Payment into Court by the Defendant must be accom- Answer must panied by an Answer. The Answer must state distinctly that be filed with, the Money paid in is paid in satisfaction of the Plaintiff's Claim generally, or (as the Case may be), in satisfaction of some specific Part of the Plaintiff's Claim, where the Claim is stated in the Peti-
tion for distinct Sums or in respect of distinct Matters.
2. Payment into Court, whether made in satisfaction of the How far Plaintiff's Claim generally, or in satisfaction of some specific Part Admission of thereof, operates as an Admission of Liability to the Extent of the Amount paid in and no more, and for no other Purpose.
Claim.
Plaintiff.
3. Where the Defendant pays Money into Court, the Plaintiff Acceptance shall be at liberty to accept the same in full Satisfaction and Dis- thereof by charge of the Cause of Suit in respect of which it is paid in; and in that Case, the Plaintiff may forthwith apply by Summons for 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 stay of further Proceedings in the Suit, in Whole or in Part, and as to Costs and other Matters, as seems just.
4. If the Plaintiff does not so apply, he shall be considered as Non-accept- insisting that he has sustained Damages to a greater Amount, or ance thereof. (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 made and not accepted.