Verification of Answer,
Payment into Court.
Answer must be filed with,
How far
Admission of Claim.
Acceptance thereof by Plaintiff,
Non-acceptance thereof.
Particulars.
Payment into *Court.
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CODE OF CIVIL PROCEDURE-HONGKONG.
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16.-The Court may, where the circumstances of the case appear 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 defeudant must be accom- panied 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 distinctly 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 specfic 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, as to costs and other matters, as seems 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 hearing, shall have regard to the fact of the payment into Court having been made and not accepted.
Set-off.
XXXVI.—A defence of set-off to a claim for money, whether in debt [See post 8. 67, or in damages, must be accompanied by a statement of the particulars of <par. 8.]
the set-off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and in default of such payment, the defendant shall be liable to bear the costs of the suit, even if he succeeds in his defence to the extent of the set-off pleaded.
<Costs.
-Cross-action.
"Desire to file
in same Suit.
2.-Where 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 hearing, on 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.
Counter-Claim.
XXXVII.-Where a defendant in his answer raises any specific Cross-petition 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 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