Directory_and_Chronicle_1902 — Page 423

When not to sbate the Bait.

To correspond with Writ of Summons.

To be in nar- rative Form

Paragraphs.

820

CODE OF CIVIL PROCEDURE-HONGKONG

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 defendant 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 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 narrative the material and divided into 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 relief to which the plaintiff may conceive himself entitled, and also for general relief.

Nature of

Claim set up.

Documents

how to be set out.

Dates and Sums.

Not to contain Evidence or Argument.

Material Facts to be briefly

and clearly

set out.

Counsel's Signature.

Verification of Petition.

Schedule of Particulars.

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 sball 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.

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

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

Particulars of Demand

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

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