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THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
To be in nar- rative Forin
and divided into Paragraphs.
Nature of
2. The Petition shall then set out by way of Narrative the material Facts, Matters and Circumstances on which the Plaintiff relies, such Narrative being divided into Paragraphis numbered consecutively, and each Paragraph containing, as nearly as may be, a separate and distinct Statement or Allegation. The Petition shall pray specifically for the Relief 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 Claim set up. 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.
Documents
out.
4. Documents must not be unnecessarily set out in the Petition how to be set 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.
Dates and Sums.
Not to contain Evidence or Argument.
Material Facts to be briefly and clearly set out,
Counsel's Signature.
Petition.
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.
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 dis- pense with such Signature.
Verification of 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.
Schedule of Farticulars.
Application for further Particulars.,
Effect thereof.
Amendment
Trial.
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 state his Claim in the Petition in a general Form, and to annex to the Petition a Schedule stating the Particulars of his Demand in any Form which shall give the Defendant reasonably sufficient Information as to the Details of the Claim.
2. An Application for further or better Particulars may be made by the Defendant before Answer, on Summons.
3. The Plaintiff shall not at the hearing obtain a Judgment for any Sum exceeding that stated in the Particulars, except for subsequent Interest and the Costs of Suit, notwithstanding that the Sum claimed in the Petition for Debt or Damages exceeds the Sum stated in the Particulars.
Otherwise
4. Particulars of Demand shall not be amended except by thereof before Leave of the Court; and the Court may, on any Application for Leave to amend, grant the same on its appearing that the Defendant will not be prejudiced by the Amendment. the Court may refuse Leave, or grant the same on such Terms as to Notice, Postponement of Trial, or Costs, as Justice requires. 5. Any Variance between the Items contained in the Parti- culars and the Items proved at the Hearing may be amended at the Hearing either at once or on such Terms as to Notice, Adjournment, or Costs, as Justice requires.
Amendment
thereof at Trial.
Limit of Time
6. Where Particulars are amended by Leave of the Court, or for amending. where further or better Particulars are ordered to be given, the Order shall state the Time within which the Amendment is to be made, or the further or better Particulars are to be given; and the Order for the amended or further or better Particulars shall state the Time which the Defendant is to have to put in his Answer.
In what Cases.
Papers annexed.
XXVI. Where the Plaintiff seeks (in addition to or without any Order for the Payment of Money by the Defendant) to obtain, as against any Person, any general or special Declaration by the Court of his Rights under any Contract or Instrument, or to set aside any Contract, or to have any Bond, Bill, Note, or Instru- ment in Writing delivered up to be cancelled, or to restrain any
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