CODE OF CIVIL PROCEDURE-HONGKONG.
119
of several
surviving
6.-If there be two or more defendants, and one of them die, and the Death of one ause of action shall not survive against the surviving defendant or Defendants or defendants alone, and also in case of the death of a sole defendant, or sole of a sole or surviving defendant, where the action survives, the plaintiff may make an Defendant. application to the Court, specifying the name, description, and place of abode of any person whom the plaintiff :lleges to be the legal representa- his stead; and the Court shall thereupon enter the name of such repre- sentative in the register of the suit in the place of such defendant, and shall issue an order to him to appear on a day to be therein mentioned to defend the suit; and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant, and had been a party to the former proceedings in the suit.
Marriage of Parties.
abate the Suit.
XXII-The marriage of a female plaintiff, or defendant, shall not When not to cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and the decree thereupon may be executed upon the wife alone; and if the case is one in which the husband is by law liable for the debts of his wife, the decree may, by leave of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, by leave of the Court, be issued upon the application
of the husband,
where the husband is by law entitled to the money or
thing which may be the subject of the decree.
Bankruptcy of Parties.
abate the Suit.
XXIII.—The bankruptcy of the plaintiff in any suit which the When not to assignee might maintain for the benefit of the creditors, shall not be a valid objection to the continuance of such suit, unless the assignee shall decline to continue the suit and to give security for the costs thereof within such reasonable time as the Court may order; if the assignee neglect or refuse to continue the suit, and to give such security within the time limited by the order, the defendant may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for
abating the suit.
of
CHAPTER IV. THE PETITION.
Form and Contents.
XXIV. After the appearance of the defendant to the suit, or in case To correspond
Summons.
then, by leave of the Court, the plaintiff may file in the with Writ of petition which shall contain the names, description, and of the plaintiff and of the defendant, so far as they can be
non-appearance, Supreme Court a place of abode
ascertained, and shall correspond in those particulars with the writ of
summons.
facts, matters, and circumstances on which the plaintiffrelies, such narrative rative Form 2.-The petition shall then set out by way of narrative the material To be in nar- being divided into paragraphs numbered consecutively, and each paragraph Paragraphs.
containing, as allegation.
nearly
as may be, a separate and distinct statement or
plaintiff may conceive himself entitled, and also for general relief.
The petition shall pray specially for the relief to which the statement of the facts on which the prayer is sought to be supported, and
3.-The petition must be as brief as may be consistent with a clear Nature of with information to the defendant of the nature of the claim set up.
Claim set up.
out.
hæc verba, but so much only of them as is pertinent and material may be how to be set set out, or the effect and substance of so much only of them as is pertinent and material may be given, without needless prolixity.
5.-Dates and sums shall be expressed in figures and not in words.
Dates and Sums.
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