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THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
Answer.
Effect.
his application, give him liberty to withdraw such defence and to file a cross petition, and may make such order for the hearing of the suit and cross suit, together or otherwise, on such terms as to costs and other matters as seem just.
Payment into Court.
93. Payment into Court by the defendant must be accom- panied by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim ge- nerally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.
94. Payment into Court, whether made in satisfaction of the plaintiff's claim generally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount paid in and no more, and for no other purpose. Acceptance by 95. Where the defendant pays money into Court the plaintiff. plaintiff shall be at liberty to accept the same in full satisfaction. and discharge of the cause of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion payment of the money out of Court to him; and on the hear- ing of the motion 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.
Non-accept-
ance.
Costs.
Cross petition in same suit.
for
96. If the plaintiff does not so apply he shall be considered as insisting 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 made and not accepted.
Counter Claim.
97. Where a defendant in his answer raises any specific defence, and it appears to the Court that on such defence being established 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 hearing, if under the circumstance 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
seems just, and may, if in any case it seems fit, require the plain- tiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.
Proceedings after Answer,
No pleading
98. No replication or other pleading after answer is allowed, after answer. except by special leave of the Court.
answer.
Amendment of 99. Where the plaintiff considers the contents of the answer petition after to be such as to render an amendment of the petition necessary or desirable, he may obtain ex parte an order to amend the petition, on satisfying the Court that the amendment is not intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case.
Before or at hearing.
Notice of the amendment shall be given to the defend- ant within such time and in such manner as the Court in each case directs,
Settlement of Issues.
100. At any time before or at the hearing the Court may, if it thinks fit, on the application of any party, or of its own motion, proceed to ascertain and determine what are the material ques- tions in controversy between the parties, although the same are not distinctly or properly raised by the pleadings, and may reduce such questions into writing and settle them in the form of issues; which issues when settled may state questions of law on admitted facts, or questions of disputed fact, or questions partly of the one kind and partly of the other.
Amendment of 101. In settling issues the Court may order or allow the pleadings.
striking out or amendment of any pleading or part of a pleading so that the pleadings may finally correspond with the issues settled, and may order or allow the striking out or amendment of any pleading or part of a pleading that appears to be so framed as to prejudice, embarrass, or delay the trial of the cause.
Application vivu voce.
102. Where the application to the Court to settle issues is made at any stage of the proceedings at which all parties are actually present before the Court either in person or by counsel or attorney, or at the hearing, the application may be made viva On summons, voce, and may be disposed of at once, otherwise the application Orders of trial must be made and disposed of on summons. It shall be in the discretion of the Court to direct which issue shall be first disposed of.
of issues.