Directory_and_Chronicle_1891 — Page 171

CODE OF CIVIL PROCEDURE-HONGKONG,

121

Answer should"

7.--The answer shall show the nature of the defendant's defence to What the the claim set up by the petition, but may not set forth the evidence by set forth. which such defence is intended to be supported.

precise and

8. It shall be clear and precise, and not introduce matters irrele. Should be vant to the suit, and the rules b fore laid down respecting the setting out relevant of the documents and the contents of the petition generally shall be ob- served in the answer mutatis mutandis.

9.---It must deny all such material allegations in the petitions as the Denial of defendant intends to deny at the hearing.

Allegations.

10. When the answer denies an allegation of fact it must deny Denial of Fact directly as (for example) where it is alleged that the defendant has received must answer

point of a sum of money, the answer must deny that he has received that sun, or Substance any part thereof, or else set forth what part he has received. And so, where a matter of fact is alleged in the petition, with certain circumstances, the answer must not deny it literally as it is alleged, but must answer the point of substance positively and certainly.

Effects thercok

11.-The answer must specifically admit such material allegations in Admissions the petition as the defendant knows to be true, or desires to be taken as as to Costs. admitted. Such admission, if plain and specific, will prevent the plaintiff from obtaining the costs of proving at the hearing any matters of fact so admitted.

not admitted.

12.-All material allegations of fact admitted by a defendant shall be Proof of Facts taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not admitted by him, or not stated by him to be true to his belief.

new Facts in

13. The answer must allege any matter of fact not stated in the Allegation of petition on which the defendant relies in defence, as establish ng, for Defence. instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief capable of being granted on the petition, has not yet accrued, or is released, or barred, or otherwise gone,

denial of

of Defence

14. The answer of a defendant shall not debar him at the hearing Evidence in from disproving any allegation of the petition admitted by his answer Allegation, or from giving evidence in support of a defence not expressly set up by or in support the answer except where the defence is such as, in the opinion of the Court, not set up in. ought to have been expressly set up by the answer, or is inconsistent with Pleadings the statements of the answer, or is, in the opinion of the Court, likely to take the plaintiff by surprise, and to raise a fresh issue or fresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to he then called upo: to try.

Counsel,

15.-Subject to any general rule or order relating thereto, the answer Signature of must be signed by the defendant or bis counsel, unless the defendant obtain the leave of the Court to dispense with such signature.

Answer.

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

Tender.

XXXIV. A defence alleging t nder by the defendant must be accom- Payment into panied by payment into Court of the amount alleged to have been tendered. Court.

Payment into Court.

be filed with.

XXXV.-Payment into Court by the defendant must be accompanied Answer mus by an answer. The answer must sta e distinctly that the money paid in is paid in satisfaction of the p'a ntiff's clim generally, or (as the case may le), in satisfaction of som specific art of the plaintiff's claim. where the claim is stated in the petition for distinc sums or u respect of distinct matters.

2. Payment i to Court, whether made in satis:action of the plaintiff's How far claim generally or in satisfaction of some specific part thereof, operates as claim.

¡

Admission of