Directory_and_Chronicle_1889 — Page 944

Not to contain Evidence or Argument.

Material Facts

to be briefly

and clearly

set out.

Counsel's Signature,

Verification of Petition.

Schedule of Partieniais.

Application for further Particulars.

Effect thereof.

Amendm..nt thereof before Trial.

Amendment thereof at 1 rial.

Limit of Time for amending.

In what Cases.

120

CODE OF CIVIL PROCEDURE-HONGKONG.

6.—The petition may not contain any statement of the m- re evidenco by which the facts alleged are intended to be proved, and may not contain any argument of law.

7.---The facts material to the establishment of the plaintiff's right to recover skill be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his an-wer either to admit or deny any one or more of the material allegations, or else to admit the truth of any or all of the allegations, but to set forth some other substantive matter in his answer, by reason of which he intends to comtend 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 released or barrel or otherwise gone.

8.—Subject to any general role or order relating the reto, the petition must be signed by the plaintiff or his counsel in all cases unless the plaintiff' obtain the leave of the Court to dispouse with such signature.

9.- The Court may, when ihe einsan tans of the caso appar to require it, order the plaintiff to verby his petition, or any part thereof, on oath or by affidavit.

Particulars of Dewood.

XXV. Where the plaint 's claim is for money payable in respect of any contract, express or implied, or to recover fue possession or the value of any goods wrongfully taken and de'aiue 1, or wrongfally d tainel by the defend int from the plaintif, it shall be suffici nt for the plaintiff to state his claim in the petition in a general form, and to annex to the petition a schedule stating the particulars of uis demand in any form which shall give the defendant reasonably suflicient information as to the details of the claim.

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

3.--The plaintiff shall not at any haring obtain a judgment for any sum exceeding that stated in the particulars, except for consequent interest and the costs of suit, notwithstanding that the sum claimed in the petition for debt or damages exceeds the sum stated in the particulars.

4.-Particulars of demand shall not be am nded except by leave of the Court; and the Court may, ou any application for leave to amend, 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.

5.-Any variance between the items contained in the particulars and 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 further or better particulars are ordered to be given, the order shall state 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 amendment or further or better particulars shall state the time which the defendant is to have to put in his answer.

Papers Annered.

XXVI.—Where the plaintiff seeks (in addition to or without any 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 instrument, 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 takeu 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