Directory_and_Chronicle_1885 — Page 814

CODE OF CIVIL PROCEDURE-HONGKONG.

113

and clearly

6.--The petition may not contain any statement of the mere evidence Not to contrin by which the facts alleged are intended to be proved, and may not contain rideuce or

Argument. any argument of law.

7. The facta material to the establishment of the plaintiff's right to Material Facts

briefy recover shall be alleged positively, 1 riefly, rod as clearly as may be, so as to hehrey to enable the defendant by bis answer onder to admit or deny any one or set out. more of tha material allegations, or else to admit the truth of any or all of the allegations, but to mi 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 accrued, or is rela: il or barred or otherwise gone.

+

8.-Subject to any general rule or order relating this, the petition counee's must be signed by the plaintiff or his counsel in all cases, unless the Santure, plaintiff obtain the leave of the Court to dispense with such signature.

Petition

9.-The Court may, where the circumstances of the case appear to Verification of require it, order the plaintiff to verify his petition, or any part thereof, on oath or by affidavit.

Particulars of Demand.

Particolare.

XXV. Where the plaintiff's clain is for money payable in respect Schedule of of 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

• 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,

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

for farther Particulars.

8. The plaintiff shall not at the hearing obtain a judgment for any Effect thereof. sum exceeding that stated in the particulars, except for subsequent interest and the costs of suit, notwithstanding that the sun claimed in the petition for debt or damages exceeds the sum stated in the particulars.

thereof before

4. 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, T grant the same on its appearing that the defendant will not be prejudiced by the amendment. Otherwise the Court may refuse leave, or grant the same on such terms as to notice, postponement of trial, or costs, as justice requires.

thereof at

Trial.

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

6. Where particulars are amended by leave of the Court, or where Limit of time farther or better particulars are ordered to be given, the order shall state for amending. the time within which the amendment is to be made, or the further or better particulars are to be given; and the order for the amended or further or better particulars shall state the time which the defendant is to have to put in his auswer.

Papers Annexed.

XXVI. Where the plaintiff seeks (in addition to or without any In what Cases. order for 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 instruinent, 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