CO129-164 - Sir Kennedy - 1873 [7-9] — Page 33

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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PROCEEDINGS BY OR AGAINST PARTNERSHIP FIRMS,

Must be taken in names of all partners,

Where some partners unknown or absent,

GUARDIAN FOR PURPOSE OF SUIT,

Court may appoint guardian on application, or of its own motion,

Notice and mode of service thereof,

CHAPTER II.

ARREST OF ABSCONDING DEFENDANT-INTERIM ATTACH-

MENT INJUNCTIONS-DETENTION OF SHIPS.

ARREST OF ABSCONDING DEFENDANT,-

In suits for moveable property,..........

Application for security....

Warrant to bring up defendant to show cause,

If defendant fail to show cause, Court may order him to give bail,

Deposit in lien of bail,

Committal in default,

Compensation for arrest on insufficient grounds--Limit thereof,

Where defendant about to leave Colony with intent to remain absent for a long period,.

INTERIM ATTACHMENT.............

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In what cases before judgment,

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The application,

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Form of warrant,

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Where defendant fails to show cause,

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How attachment made,

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Claims to property attached,

Removal of attachment on security being given,

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Compensation where attachment applied for an insuflicient grounds,

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Limit of compensation,

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Rights of third parties,

Sale of property under deeree obtained by fraud way be stopped,

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INJUNCTIONS,

Limit of compensation,

DETENTION OF SHIPS,

To stay waste, damage, or alienation,

Appointment of receiver or manager,

To restrain breach of contract, or repetition, or continuance of breach..

Notice of application, ..........

Compensation for needless issue of injunction,..

Application for warrant,

Compensation for needless issue thereof,

CHAPTER III.

RELIEF FROM ADVERSE CLAIMS-DEATH, MARRIAGE,

OR BANKRUPTCY OF PARTIES,

RELIEF FROM ADVERSE CLAIMS,

Application how made, ....

Contents of affidavit,

Court may make rules and orders for appearance of adverse claimants,

Court may dispose of question summarily,

Relief to Sheriff before institution of suit,

DEATH OF PARTIES,

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amo ao com a core co

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THE ANSWER,

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EQUITABLE KELIEF AND DEFENCEE,

May be granted though not specifically asked, PARTIES,

Must state character in which they sne,

Joint cause of suit,

Joint and several demand,

Persons before the Court may be made parties,

Distinct causes of suit in one petition,

When defendaut may apply to dismiss such petition, Costs thereon,....

SERVICE OF PETITION,

Memorandum to be endorsed,

Proviso where no appearance to writ,

STAYING PROCEEDINGS FOR DEFECT IN PETITION,

On application of desendant,

By the Court of its own motion,

DISMISSAL OF PETITION ON GROUND OF LAW,...

How applied for...

AMENDMENT OF PETITION,

On application of defendant, ...

Production and inspection of documents,

Costs,

Libellons or offensive expressions,..

Leave to amend before answer obtained ex parte,

Notlee of amendment,

CHAPTER V.

THE ANSWER-REPLICATION-INTERROGA TORIES--- SETTLEMENT OF ISSUES.

Within what time must be fled, Further time may be allowed, Affidavit in support of application, Effect of defendant not answering. Leave to answer after time allowed, When granted ex porte,

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When sumuous required,

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Contents of answer,

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Same rules to be observed as apply to petition,

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Demal of material allegations,

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Denial of fact must answer point of substance,

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Admissions,....

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Proof of facts not admitted,

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Answer must allege matters of fact not stated in petition on which the defence is based, Signature of counsel,

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Effect of answer at hearing,

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TENDER,

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Suit not to abate by death in certain cases,.

Death of one of several parties when cause of action survives,

Death of one of several plaintiffs where cause of action accrues to survivors and re- !

presentatives of deceased, .....

Death of sole or surviving plaintiff,

Where dispute arises as to who is the legal representative of a deceased plaintiff,

Death of one of several defendants or of a sole or surviving defendant,....

MARRIAGE OF PARTIES, *****

Marriage of a fonale plaintiff or defendant not to abate the suit,

RANKRUPTCY OF PARTIES,

Bankruptcy when not to abate the suit,

FORM AND CONTENTS,

CHAPTER IV.

THE PETITION,

To be divided into paragraphs,

Statement of facts and relief sought..

AARARA&Haa a seaN***

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Must be accompanied by payment into Court,

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SET-OFF,

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Particulars, payments into Court, ersts,

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Cross suit,

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PAYMENT INTO COURT,

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Must be accompanied by an answer,

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Effect of such payment...

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Acceptance thereof by plaintiff,

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Non-acceptance thereof,..

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COUNTER-CLAIM,

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Lanve to file cross petition in same suit,

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Both petitions may be heard together,

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Security to abide by judgment,.

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ANSWER ON OATH,

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In what caseS,++-

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SPECIFIC ANSWER,

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Summons to compet,

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Material facts to be set out, ....

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Contents of documents how to be set out,

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Dates and sums,

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Not to contain evidence, or arguments,

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To be signed by counsel except in certain cases,

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PARTICULARS OF DEMAND,

Schedule of particulars,

Application for better particulars,

Effect of particulars,

Amendment,

Variance.....

Further time,

PAPERS ANNEXED,..

In what cases,...........

When copies may he annexed,

Offer to allow inspection,

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Nature of such auswer,

Further defence.-

INTERROGATORIES,

How answered,

Time for answering,

REPLICATION,

Court may allow pleading after answer,

Amendment of petition after answer,

Notice of amendment,...

SETTLEMENT OF ISSUES,

At or before hearing, Amendment of pleadings,

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How applications to be made, Additional issues,

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CHAPTER VI.

INTERLOCUTORY PROCEEDINGS.

MOTIONS AND SUMMONSES,

How to be bended.......

Application may be made at any stage of suit,

Court to decide whether by motion or suminous...

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