Directory_and_Chronicle_1895 — Page 345

CODE OF CIVIL PROCEDURE-HONGKONG

305

point of

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 a sum of money, t'ie answer must deny that he has received that sum, 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 thereof

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.

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 not admitted. 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 relis in defence, as establishing, 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, barred, or otherwise gone.

denial of

or in support

in

14. The answer of a defendant shall not debar him at the hearing Evidence in from disproving any allegations of the petition admitted by his answer Allegation, or from giving evidence in support of a defence not expressly set up by of Deferee the answer except where the defence is such as, in the opinion of the Court, not set up 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 tresh issues of fact or law not fairly arising out of the pleadings as they stand, and such as the plaintiff ought not to be then called upon to try.

Counsel.

15. Subject to any general rule or order relating thereto, the answer Signature of must be signed by the defendant or his 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 of require it, order the defendant to verify his answer, or any part thereof, on oath or by affidavit.

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Tender.

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

Payment into Court.

Answer must

XXXV.-Payment into Court by the defendant must be accompanied be filed with. by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.

2.-Payment into Court, whether made in satisfaction of the plaintiff's How far claim generally or in satisfaction of some specific part thereof, operates as Claim. an admission of liability to the extent of the amount paid in and no more, and for no other purpose.

Admission of

thereof by

3.-Where the defendant pays money into Court, the plaintiff shall Acceptance be at liberty to accept the same in full satisfaction and discharge of the Plaintiff. pause of suit in respect of which it is paid in: and in that case, the plaintiff may forthwith apply by summons for payment of the money out of the Court to him; and on the hearing of the summons, the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as seems just.