Directory_and_Chronicle_1892 — Page 347

When not to sbate the Suit.

When not to abate the Suit.

To correspond with Writ of Bummons.

To be in nar- rative Form

and divided into Paragraphs.

Nature of

Claim set up.

Documente

how to be set out,

Dates and Suma.

Not to contain

Evidence or Argument.

Material Facts to be briefly and clearly

set out,

288

CODE OF CIVIL PROCEDURE-HONGKONG

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 fo: mer proceedings in the suit.

Marriage of Parties.

XXII. The marriage of a female plaintiff, or defendant, shall not 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 Curt, be executed against the husband also; and in case of judgment for the wife,xecution of the decree may, by leave of the Court, be issued upon the application of the husband, where the husband is by law en itled to the money or things which may be the subject of the decree.

Bankruptcy of Parties.

XXIII. The bankruptcy of the plaintiff in any suit which the 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 de endaut may, within eight days after such neglect or refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

CHAPTER IV. THE PETITION.

Form and Contents.

XXIV.—After the appearance of the de'eudant to the suit, or in case of non-appearance, ten, by leave of the Court, the plaintiff may file in the Supreme Court a petition which shall contain the names, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of

summons.

2.—The petition shall then set out by way of narrative the material facts, matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, and each paragraph containing, as nearly as may be, a separate and distinct statement or allegation. The petition shall pray specially for the relie to which the plaintiff may conceive himsel entitled, and also for general relief.

3.- The petition must be as brief as may be consistent with a clear statement of the facts on which the prayer is sought to be supported, and with information to the defendant of the nature of the claim set up.

4.-Documents must not be unnecessarily set out in the petition in hæc verba, but so much only of them as is pertinent and material may be 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 word.. 6. The petition may not contain any statement of the mere evidence 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 shall be alleged positively, briefly, and as clearly as may be, so as to enable the defendant by his answer 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 bis answer, by reason of which he intends to contend 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 barred or otherwise gone.