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THE HONGKONG GOVERNMENT GAZETTE, 8ru AUGUST, 1896.
56. The defendant may, in his answer, plead any set-off or counterclaim. But if, in the opinion of the Court such set-off or counterclaim cannot be conveniently disposed of in the action, the Court may order it to be struck out.
57. Every pleading shall be divided into short paragraphs, numbered consecutively, which shall state concisely the facts on which the party relies; and shall be signed by the party filing it. Forms of pleadings will be found in the Appendix hereto, No. 21.
58. It shall not be necessary to set out in any pleading the words of any document referred to therein, except, so far as the precise words of the document are material.
59. Either party may apply to the Court to decide forthwith any question of fact or of law raised by any pleading, and the Court shall thereupon make such order as shall scem fit.
60. Any pleading may at any time be amended, either by consent of the parties, or by order of the Court.
SPECIAL Case.
61. Parties may agree to state the questions at issue for the opinion of the Court in the form of a special case.
62. If it appears to the Court that there is in any action a question of law which it would be convenient to have decided in the first instance, the Court may direct that it shall be raised in a special case or in such other manner as may seem expedient.
63. Every special case shall be divided into paragraphs, numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the Court to decide the question at issue.
64. Every special case shall be signed by the parties, and may be filed by any party.
MOTIONS.
65. A party desiring to obtain an order from the Court shall file a notice of motion with the affidavits, if any, on which he intends to rely.
66. The notice of motion shall state the nature of the order desired, the day on which the motion is to be made, and whether in Court or in Chambers. A form of notice of motion will be found in the Appendix hereto, No. 22.
67. Except by consent of the adverse party, or by order of the Court the notice of motion shall be filed twenty-four hours at least before the time at which the motion is made.
68. When the motion comes on for hearing, the Court after hearing the parties, or, in the absence of any of them, ou proof that the notice of motion has been duly served, may make such order as to the Court shall seem fit.
69. The Court may, on due cause shown, vary or rescind any order previously made.
TENDERS.
70. A party desiring to make a tender in satisfaction of the whole or any part of the adverse party's claim, shall pay into Court the amount tendered by him, and shall file a notice of the terms on which the tender is made.
71. Within a week from the filing of the notice the adverse party shall file a notice, stating whether he accepts or rejects the tender, and if he shall not do so, he shall bo held to have rejected it. Forms of notice of tender and of uotice accepting or rejecting it will be found in the Appendix hereto, Nos. 23 and 24.
72. Pending the acceptance or rejection of a tender, the proceedings shall be suspended.
SHORTHAND WRITER.
73. The Court may order the evidence of the witnesses whether examined before the Court or the registrar, or a commissioner, to be taken down by a shorthand writer, who shall have been previously sworn faithfully to report the evidence, and a transcript of the shorthand writer's notes, certified by him to be correct and approved by the judge, registrar, or commissioner, as the case may be, shall be lodged in or transmitted to the registry as the certified evidence of such witnesses.
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