(4)
Rules as to the Mode of Service of Summons to be of general Application.
XXX.
The above Rules as to the Mode of service of Summons to appear to a Plaint shall apply to the Mode of Service of all Summonses whatsoever except where otherwise directed by Ordinance or by these Rules.
Payment into Court. XXXI
Where the Defendant is desirous of paying Money into Court it may be paid in at any time within twenty four hours after the service of the Summons with Court fees proportionate to the amount paid in; and the Clerk shall forthwith send to the Plaintiff Notice thereof in the Form specified in Schedules 4 or 5 to these Orders annexed, as the case may be, provided that at any time before the return-day the Defendant may pay money into Court with such costs as aforesaid and the Clerk shall give notice thereof to the Plaintiff as aforesaid, but where money has not been paid in within twenty four hours after the Service of the Summons, or within a reasonable time before the return-day, it shall be lawful for the Court to order the Defendant to pay such costs as the Plaintiff shall have incurred in preparing for trial before the notice of such payment was received by him or in attending the Court. When the Plaintiff is a Chinaman a translation of the matter of the notice into the Chinese language shall be indorsed thereon.
XXXII.
If the Plaintiff elect to accept in full satisfaction of his claim including costs such money as shall have been paid into Court by the Defendant and shall leave at the Clerk's Office and at the Defendant's place of dwelling or place of business a written notice stating suck acceptance within such reasonable time before the return-day, as the time of payment by the Defendant has permitted, the action shall abate and the Plaintiff shall not be liable to any further costs, but in default of such notices from the Plaintiff the cause may proceed. The Notice may be in the Form specified in Schedule 6 to these Orders annexed.
Inspection of Documents. XXXIII.
Where in any action the Plaintiff or Defendant is desirous of inspecting any written or printed document or instrument in which he has an interest and to the production of which he is entitled for the purposes of the action, and which shall be in the possession or power or under the control of the other party, such Plaintiff or Defendant may before the day of hearing give notice to the other party that he desires to inspect any such document or instrument, describing the same, at any place to be appointed by the other party; and if such other party shall neglect or refuse to appoint such place, or to allow such Plaintiff or Defendant to inspect such document or instrument within a reasonable time after receiving such notice the Judge may, in his discretion, adjourn the cause and make such Order as to costs as he shall think fit.
Withdrawal by Plaintiff. XXXIV.
If the Plaintiff he desirous of not proceeding in the cause, he may give a written notice thereof to the Clerk at his Office, and to the Defendant, and after the receipt of such notice the Defendant shall not be entitled to any costs other than those incurred up to the receipt of such notice unless the Judge shall otherwist order. The notice may be in the Form specified in Schedule 7 to these Orders annexed.
Defences.
XXXV.
Where the Defendant intends to rely on a Set-off, Illegality, Fraud, Want of consideration, Coverture with the additional fact that the Husband of the Defendant was within the Colony at the time of action brought, Statute or Ordinance of Limitation, Discharge under a Bankrupt or Insolvent Act or Ordinance, his notice shall contain the particulars hereinafter mentioned with reference to such grounds of Defence, provided that in case of non-compliance with those Rules which apply to such grounds of defence and of the Plaintiffs not consenting at the hearing to permit the Defendant to avail himself of such defence, the Judge may, on such terms as he shall think fit, adjourn the hearing of the cause to enable the Defendant to give such notice.
XXXVI.
Where a Defendant intends to set-off any debt or demand alleged to be due to him by the Plaintiff he shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court and shall deliver to the Plaintiff and to the Clerk a statement of the particulars of such Set-off.
(5)
XXXVII.
Where a Defendant intends to rely on the defence of Illegality he shall give notice thereof in writing to the Plaintiff and to the Clerk of Court and shall deliver to the Plaintiff and to the Clerk a statement of such Illegality, and if the Illegality be under any Statute or Ordinance such statement shall contain a reference to the Statute or Ürdinance.
XXXVIII.
Where a Defendant intends to rely on the defence of Fraud, Want of consideration or a Statute or Ordinance of Limitation he shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court.
XXXIX.
Where a Defendant intends to rely on the defence of a Discharge under any Statute or Ordinance relating to Bankrupts or for the relief of Insolvent Debtors he shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court, setting forth in such notice the date of his discharge.
XL.
Where a Defendant intends to rely on the defence of Coverture with the additional fact that her Husband was within the Colony at the time of the commencement of the Suit, she shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court, setting forth in such notice the residence of her Husband.
XLI.
Where the defence is a Tender such defence shall not be available unless before or at the hearing of the cause the Defendant pays into Court the amount alleged to have been tendered.
XLII.
The Forms of Notice of Defence specified in Schedules 8 and 9 to these Orders annexed used with such variations as the circumstances of cach case may require.
Adjournment of Cause. XLIII.
may be
The Parties to any cause at any time before the cause is called on may by consent and without any hearing fee postpone the hearing to such subsequent Court as the Judge shall direct.
XLIV.
Where a cause is adjourned no Order of Adjournment shall be served on either party unless by direction of the Judge,
XLV.
When anything, required by the practice of the Court to be done by either party, before or during the hearing, has not been done the Judge may, in his discretion, and on such terms as he shall think fit, adjourn the hearing to enable the party to comply with the practice.
Amendment.
XLVI.
Where a Person other than the Defendant appears at the hearing and admits that he is the Person whom the Plaintiff intended to charge, his Name may be substituted for that of the Defendant, if the Plaintiff consents, and thereupon the cause shall proceed, as to Set-off and other Matters, as if such Person had been originally named in the Summons and the Costs of the Person originally named as the Defendant shall be in the discretion of the Judge.
XLVII.
Where a party sues or is sued in a representative character but at the hearing it appears that he ought to have sued or been sued in his own right the Judge may, at the instance of either party and on such terms as he shall think fit, amend the proceedings accordingly and thereupon the cause shall proceed, as to Set-off and other Matters, as if the proper description of the party had been given in the Summons.
XLVIII.
Where a party sucs or is sued in his own right, but at the hearing it appears that he ought to have sned or been sued in a representative character the Judge may, at the instance of either party, and on such terms as he shall think fit, amend the proceedings accordingly, and thereupon the cause shall proceed as to Set-off and other Matters as if the proper description of the party had been given in the Summons.
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