Directory_and_Chronicle_1885 — Page 818

CODE OF CIVIL PROCEDURE-HONGKONG.

117

ADATCI.

16. The Court may, where the circumstances of the case appear to Tendeation of require it, order the defendant to verify his answer, or any part thereof, on oath or by affidavit,

Tender.

XXXIV. – A d-fence alleging tender by the defendant must be accom- Payment into panied by payin to Court of the amount alleged to have been tendered. vürt

L

1

Pay, sent into Court.

be illed with

XXXV.---P... into Court by the defendant must be accompanied Answer must by an answer. Ty answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or (as the case may be), in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in ition for distinct sums or in respect of distinct

matters.

2. Paymen

I

Adagion of

· Court, whether made in satisfaction of the plaintiff's How far claim generally or la satisfection of some specific part thereof, operates 25 Claim. an adinissim att

y to the extent of the amount paid in and no more,

P

י

and for no other pill pose.

3. Where th

be at liber y 10 aược tal cause of suit in rest. res.

.

1

thereof by

pays money into Court, the plaintiff shall Acceptance in full satisinath and discharge of the Plaintiff, hit is paid in: and in that case, the plaintiff

·

יו

may forthwith agile de „rozo is for payment of the money out of the Court to him; and out, meaning of the summons, the Court shall make such order as to say of further proceedings in the suit, in whole or in part, and as to costs and oʻher matters, as seen just.

thereot.

4.-If the plati does not so apply, he shall be considered as insisting You-acceptanos that he has sustained damages to a greater amount, or (as the case may be), that the deindent was and is indebted to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been mile and not accepted.

I'

Set-off.

Court.

XXXVI. —A defence of set-off to a claim for money, whether in debt Particules.

Fice poat *. 67, or in damages, mert la-mpanied by a statement of the particulars of par. 5.] the set-off; "and it ptul de sole defence, unless extending to the whole amount of the plain a claim, must also be accompanied by payment into Payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and in default of such payment, the defendant shall be liable to bear the costs of the suit, even if he succeeds in his defence to the costs. extent of the set-off pleaded.

1

2. —Where a d foo·lant in his answer raises a defence by way of set-off Cross-action, which, in the opi of the Court, is not admissible as set-off, the Court may either be

the hearing, on his application, give him liberty and to file a cross-petition, and may make such tuo suit and cross-suit, together or otherwise, on

her matters as seem just.

+

to withdraw ». : order for the hearing » such terms as treats

a

Counter-Claim.

Cross-petition

XXXVII.

fondant in his answer raises any specific Leure to file defence, and it app an

Court that on such defence being established in Suit. he may be entuiši dreta. against plaintiff in respect of the subject mat- ter of the suit, the Co... may, on the application of the defendant, either before or at the heart, if under the circumstances of any case it thinks fit, give liberty to l to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim, together or otherwise, and in such manner and on such terms as to costs and other matters as seem just, and may, if in any case it seems fit, require the plaintiff to give