Directory_and_Chronicle_1893 — Page 330

When not to - abate the Suit.

When not to abate the Suit.

To correspond "with Writ of

Summons.

To be in nar- rative Form

and divided into Paragraphs.

Nature of

“Claim set up.

Documents how to be set out.

Dater and Sams,

Not to contain

vidence or

Argument.

Laterial Facts

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 former 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 decrce may, by leave of the Court, 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 entitled 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:endant may, within eight days after such neglect or re'usal, 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 defendant to the suit, or in case of non-appearance, then, 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 narrativ the material facts, matters, and circumstances on which the plaintiff relies, such narrative being divided into paragraphs numbered consecutively, and each paragraph containing, as n rly as may be, a separate and distinct statement or allegation. The petition shall pray specially for the relie to which the plaintiff may conceive himself 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 words, 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 his 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.

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