Directory_and_Chronicle_1868 — Page 562

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SUMMARY JURISDICTION COURT-HONGKONG.

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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 such 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 actior, 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 be desirous of not proceeding in the cause, he may give в written notice thereof to the clerk at his office, and to the defendant, and after the receint of such notice the defendant shall not be entitled to any costs other than those incurrel up to the receipt of such notice unless the judge shall otherwise order. The notice may be in the forms 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 plaintiff's 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.

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 ordinance.

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

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