Directory_and_Chronicle_1896 — Page 341

CODE OF CIVIL PROCEDURE-HONGKONG

301

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 When not to assignee might maintain for the benefit of the creditors shall not be a abate the Suit. 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 refusal, plead the bankruptcy of the plaintiff as a reason for abating the suit.

CHAPTER IV. THE PETITION. Form and Contents.

with Writ Summons.

XXIV. After the appearance of the defendant to the suit, or in case To correspond of non-appearance, then, by leave of the Court, the plaintiff may file in the suit of 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.

rative Form

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

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

out.

4.-Documents must not be unnecessarily set out in the petition in Documents hæc verba, but so much only of them as is pertinent and material may be how to be set set out, or the effect and substance of so much ouly of them as is pertinent and material may be given, without needless prolixity.

Dates and

Bums.

5.-Dates and sums shall be expressedin 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 Evidence or any argument of law.

Not to contain

Argument,

to be briefly

7. The facts material to the establishment of the plaintiff's right to Material Facts recover shall be alleged positively, briefly, and as clearly as may be, so as and clearly to enable the defendant by his answer either to admit or deny any one or set out. more of the material allegations, or else to admit the truth of any or all of the allegations, out 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.

8.--Subject to any general rule or order relating thereto, the petition Counsel's must be signed by the plaintiff or his counsel in all cases unless the Signature. plaintiff obtain the leave of the Court to dispense with such signature.

Petition.

9. The Court may, where the circumstances of the case appear to Verification of require it, order the plaintiff to verify his petition, or any part thereof, on oath or by affidavit.

of

Particulars of Demand.

XXV.-Where the plaintiff's claim is for money payable in respect Schedule of any contract, express or implied, or to recover the possession or the Particulars. value of any goods wrongfully taken and detained, or wrongfully detained by the defendant trom the plaintiff, it shall be sufficient for the plaintiff to