Directory_and_Chronicle_1882 — Page 622

IN CHINA AND JAPAN,

61

48. The answer of a defendant shall not debar him at the Effect of answer at

hearing from disproving any allegat on of the petition not admitted hearing. by his answer, or from giving evidence in support of a def nee not expressly set up by the answer,-except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer-or is inconsistent with the statements of the answer -or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or rsh issues of fact or law not fairly ar sing out of the pleadings as they stand, and such as the plaintiff' ought not to be then called upon to try.

Specific Answer,

49. Where the defendant does not answer, or puts in an answer Summons to oɑmpel. amounting only to a general denial of the plaintiff's claim, the plaintiff may apply by summons for an order to compel him to answer sp cifically to the several material allegations in the petition; a. d the Court, if such allegations are briefly, positively, se arately, and distinctly male, aud it thinks that justice so requirs, may grant such an order.

The defendant shall, within the time limited by such order, put Nature of answ: - in his answer accordingly, and shall therein answer the several material llegations in the petition, either admitting or denying the truth of such allegations seriatim, as the t uth or falschool of each is within his knowledge, or (as the case may be) stat.ng as to any one or more of the ailegations that he does not know whether such allegation or allegations is or are true or otherwise.

The defen laut so answering may also set up by such auswer any dence to the suit, an i may explain away the effect of any admission therein made by any other allegation of facts.

Interrogatories.

50. Where an answer so pui in fals substantially to comply In what cases. with the terms of the or ler, by reason of ny one or more of the material all gations not being either denied or a littel thereby, or not being met by a statement in the auswer that the defen lant does not know whether such allegation or allegations is or are true or otherwise, the plaintiff may apply to the Court to examine the defendant on written interrogatories; and t e Court may, if it sees fi, examine the defendant accordingly on written interrogatori s allowed by the Court, and embolying material allegations of the petition in an interroga ive form, and may reduce the answers of the defen ant to writing.

Such auswers shall be taken for the purposes of the suit to be a part of the defendant's answer to the petition.

Onth.

51. The Court may, where the circumstances of the case appear Power of Court to to require it, order the defendant to put in an answer on vatn.

Tender.

require.

52. A defence alleging ten ler by the defendant must be Payment into Court accompanied by payment into Court of the amount allege to have been tendered.

Set-off.

53. A defence of set-off to a claim for money, whether in debt Particulars, or in damages, must be accompanied by a statement of particula:s of 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