Directory_and_Chronicle_1885 — Page 752

IN CHINA AND JAPAN.

51

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 of more of the material allegations, or else to admit the truth of any or all of the allegations, lut to set forth some other substantive matter in his answer, by reason of which he intends to contend that the right of the plaintiff to recover or to any relief capable of being granted on the petition has not yet a red, or is released or barred or otherwise gone.

Particulare of Demand.

28. Where the plaintiff's claim is for money payable in respect of any In what unsee, contract, express or implied, or to recover the possession or the value of any goods wrongfully taken and detained or wrongtally detained by the de- fendant 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 Sche- dule 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 ou sumnians.

The plantiff shall not at the hearing obtain a dose for any sun Effect of exceeding that stated in the particulars, exept for subsequent interest and particuları, 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 e amended except by leave of the am-milment. Court; and the Court may, on any application for leave to amend, grant the sam3, on its appearing that the defendant will not be prejudiced by endment. 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 it ms contained in the particulars and the Turizace, items proved at the hearing may be amended at the hearing, either at once or on such terms as to notice, aljournment, or costs, as justice requires.

Where particulars are amended by leave of the Court, or where further Time. or better particulars ar ordered to be given, the order shall state the time within which the amendment is to be made or the further or better particulara are to be given; and the order for service of the amended or further or better particulars shall state the time which the defendant is to have to put in his answer.

Paper Annered.

29. Where the plaintiff seeks (in addition to or without any order for to what onset, the payment of money by the defendant) to obtain, as against any person, any general or special declaration by the Court of his rights under any contract or instrument,—or to set aside

-or to set aside any contract,--or to have any bond, bill, note, or instrument in writing delivered up to be cancelled, or to restrain any defendant by injunction, or to have any account taken between himself and any other or others, and in such other cases as the nature of the circumstances makes it necessary or expedient,-the plaintiff in his petition may refer to and briefly describe any papers or documents on the contents of which he intends to rely, and may annex copies of such papers or documents to the petition, where such papers or documents are brief, or may state any reason for not annexing copies of such papers or documents, or any of them respectively (as, their length, possession of copies by the defendant, loss, inability to procure copies), that he may have to allege. The plaintiff shall, in his petition, offer to allow the defendant Inspection, to inspect such papers and documents as aforesaid, or such of them as are in his possession or power.