CODE OF CIVIL PROCEDURE-HONGKONG.
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9. It must deny all such material allegations in the petition as the defendant intends to deny at the hearing.
10. Where the answer denies an allegation of fact, in must deny directly, as (for example) where it is alleged that the defendant has received a sum of money, the answer must deny 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.
11.-The answer must specifically admit such material allegations in the petition as the defendant knows to be true, or desires 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 shall be taken as established against him without proof thereof 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.
13. The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence, as establishing, for instance, fraud on the part of the plaintiff, or showing 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.
14.-The answer of a defendant shall not debar him at the bearing from disproving any allegation of the petition not admitted by his answer, or from giving evidence in support of a defence not expressly set up by the answer, except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer, or is inconsistent with the statements of the answer, 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 pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.
15.--- Subject to any general rule or order relating thereto, the answer must be signed by the defendant or his counsel, unless the defendant obtain the leave of the Court to dispense with such signature.
16.-The Court may, where the circumstances of the case 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 be accompanied by payment into Court of the amount alleged to have been tendered.
Payment into Court.
XXXV.--Payment into Court by the defendant must be accompanied by an answer. The answer must state distinetly that 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 petition for distinct sums or in respect of distinct matters.
2.-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.
3. Where the defendant pays money into Court, the 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 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 seem just.
4.-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
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