Directory_and_Chronicle_1868 — Page 322

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IN CHINA AND JAPAN.

39

27. The petition shall contain a narrative of the material facts, Contents of petition. matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, each paragraph containing, as nearly as may be, a separate and distinct statement or allegation, and shall pray specifically for the relief to which the plain- tiff may conceive himself entitled, and also for general relief.

The petition must be as brief as may be consistent with a clear statement of the facts on which the prayer is sought to be supported, and with information to the delendant of the nature of the claim set

up.

Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.

Dates and sums shall he expressed in figures and not in words.

The petition may not contain any statement of the mere evidence by which the facts alleged are intended to be proved, and may not contain any argument of law.

The facts material to the establishment of the plaintiff's right to recover shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer either to admit or deny any one or more of the material allegations, or else to admit the truth of any or all of the allegations, but to set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plaintill 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.

Particulars of Demand.

23. Where the plaintiff's claim is for money payable in respect of In what cases, any contract express or implied, or to recover the possession or the value of any goods wrongfully taken and detained or wrongfully detained by the defendant from the plaintiff,-it shall be sufficient for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a Schedule stating the particulars of his demand, in any form which shall give the defendant reasonably sufficient information as to the details of the claim.

An application for further or better particulars may be made by the defendant before answer, on summons.

The plaintiff shall not at the hearing obtain a decree for any sum Effect of particulars. exceeding that stated in the particulars, except for subsequent interest

and the costs of suit, notwithstanding that the sum claimed in the

petition for debt or damages exceeds the sum stated in the particulars.

Particulars of demand shall not be amended except by leave of Amendment. the Court; and the Court may, on any application for leave to amend grant the same on its appearing that the defendant will not be preju diced by amendinent. Otherwise the Court may refuse leave or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

Any variance between the items contained in the particulars and Variance. the items proved at the hearing may be amended at the hearing either at once or ou such terms as to notice, adjournment, or costs as justice requires.

Where particulars are amended by leave of the Court or where Time. further or better particulars are ordered to be given, the order shall state the time within which the amendment is to be made or the

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