Directory_and_Chronicle_1889 — Page 949

CODE OF CIVIL PROCEDURE-HONGKONG,

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security to the satisfaction of the Court (by derosit or otherwise) to security. abide by and perform the decision of the Cout on the counter-claim.

Specific Answer.

XXXVIII--Where the defendant does not answer (an answer not Summons to being dispensed with in manner aforesaid), or puts in an answer amount- compel. ing only to a general deui il of the plain.ff's claim, the plaint any apply by summons for an order to compel him to answer sterifically to the several unterial allegations, in the petition, and the Court, if such allega- tions are briefly, positively, separa ly, and distinctly made, and it thinks that justice so requires, may grant such an order.

2.—The defendant shall, within the time limited by such order, put Nature of such in his answer accordingly, and shall therein a swer the several ma.erial Answer. allegations in the petition, either admitting or denying the truth of such allegations serialim, as the truth.or falsehood of each is within his know- ledge, or (as the case may h.), stating as to any one or more of the allega- tions that he does not know whether such allegation or allegations is or are tru- or o herwise.

3.The defondant so answering may also set up by such answer any Further defence to the suit, and may expl in away the effcet of any admission therein made by any other allegation of facts.

Replication.

the Court.

XXXIX.—N›_replication or other pleading after awswer shall Le By lean of allowed, except by special I ave of the Coure.

Petion after

2- Where the plaintiff consid rs the contents of the answer to be Amendment of such as to render an amendment of the petition necessary or desirable, Answer, he may obtam ez petite an order to amend thpti iou, on satiaying the Court that the amendment is n intended for the purpose of delay or vexation, but because it is considered to be material for the plaintiff's case,

8.-Notice of the aduent shell be given oe &ndant withid Notice thereof

il such me and in such manner as the Cour: in each ence directs.

i

Schlement of Issues.

Hearing.

XL-At

At any time before or at the Learing, the Court may, if it At, or before thinks fi', on the application of any party, or of its own motion, procce 1 to ascertain and determine what are the morial questions in controversy between the panties, although the same are not distinctly or properly raised by the pleadings, and may r duce such que tous into writing and settle them in the form of issues; which issues, when settled, may slate questions of law on admitted facts, or questions of disputed fact, or ques- tions partly of the one kind and partly of the other.

Plea ings in framing Issues,

2-In settling issues, the Comi may order or allow the striking out Amendment of or amendu ent of any pleading, or part of the pleading, so that the plon-lings may finally correspond with the is-nes settled, and may order or allow the striking out or amendment of any pleading, or part of a pleading, that appears to be so framed as to prejudice, embarrass, or delay the trial of

the cause.

•

3.---Where the application to the Court to settle is-nes is made at any How Application stage of the proceedings at which all parties are actually present before, to be made, the Coart, either in person or by counsel or attorney, or at the hearing, the application may be made rivi voce, and may be disposed of at once, other- wise the application must be made and disposed of on summons.

It shall

be in the discretion of the Court to direct which issues shall be first dis- posed of.

additional

4. At any time before the decision of the case, the Court may amend Amended or the issues or frame additional issues on such terms as to it shall seem fit, and all such amendments as may be necessary for the purpose of deter- mining the real question or controversy between the parties shall be so made.