THE HONGKONG GOVERNMENT GAZETTE, 30TH MARCH, 1872.
All material Allegations of fact admitted by a defendant shall be taken as established against him without proof thereof by the plaintiff at the hearing. But the plaintiff shall be bound to prove as against each defendant all allegations of fact not ad- mitted by him, or not stated by him to be true to his belief.
The answer must allege any matter of fact not stated in the petition on which the defendant relies in defence, as establishing for instance, fraud on the part of the plaintiff, or showing that the plaintiff's right to recover, or to any relief ca- pable of being granted on the petition, has not yet accrued, or is released or barred or otherwise gone.
83. The answer must be signed by Connsel unless the Answer to be defendant obtain leave of the Court to dispense with such signature. signed by
Counsel.
84. The anwser of a defendant shall not debar him at the Effect of ans- hearing from disproving any allegation of the petition not ad- wer at hearing. mitted by his answer, or from giving evidence in support of a defence not expressly set up by the answer,-except where the defence is such as, in the opinion of the Court, ought to have been expressly set up by the answer, or is inconsistent with 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 fresh 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.
Specific Answer.
85. Where the defendant does not answer or puts in an Summons to answer amounting only to a general denial of the plaintiff's claim, compel. the plaintiff may apply by summons for an order to compel him to answer specifically to the several material allegations in the petition; and the Court if such allegations are briefly, positively, separately and distinctly made, and it thinks that justice so requires, may grant such an order.
86. The defendant shall, within the time limited by such Nature of order, put in his answer accordingly, and shall therein answer answer. the several material allegations in the petition either admitting or denying the truth of such allegations seriatim, as the truth or falsehood of each is within his knowledge, or (as the case may be) stating as to any one or more of the allegations that he does not know whether such allegation or allegations is or are true or otherwise.
The defendant so answering may also set up by such answer any defence to the suit, and may explain away the effect of any admission therein made by any other allegation of facts.
Interrogatories.
opposite party.
87. In all suits by order of the Court the plaintiff may, Power to with the petition, and the defendant may with the answer, or either deliver inter- of them, by leave of the Court, at any other time may deliver to rogatories to the opposite party or his attorney or solicitor, interrogatories in writing upon any matter as to which discovery may be sought, and require such party, or, in the case of a body corporate, any of the officers of such body corporate, within ten days, or such other period as the Court may direct, to answer the questions in writing upon bath or declaration: Provided always that the Court may, on the application of the party interrogated, strike out or permit to be amended any interrogatory which, in the opinion of the Court, may be exceptionable.
88. Any party or officer omitting without just cause, suf- Party not an- ficiently to answer all questions as to which a discovery may be swering to be
in contempt. sought within the above time or such extended time as the Court shall have allowed, shall be deemed to have committed a contempt of the Court and shall be liable to be proceeded against accordingly.
Oath.
89. The Court may, where the circumstances of the case Power of Court appear to require it, order the defendant to put in an answer on to require. oath.
Tender.
90. A defence alleging tender by the defendant must be Payment into accompanied by payment into Court of the amount alleged to Court. have been tendered.
Set-off.
91. A defence of set-off to a claim for money, whether in Particulars, debt or in damages, must be accompanied by a statement of par- ticulars of set-off; and if pleaded as a sole defence, unless extend- ing to the whole amount of the plaintiff's claim, must also be accompanied by payment into Court of the amount to which, on Payment into the defendant's showing, the plaintiff is entitled; and in default Court. of such payment the defendant shall be liable to bear the costs of the suit, even if he succeeds in his defence to the extent of the set-off pleaded.
Costs.
92. Where a defendant in his answer raises a defence by Cross suit. way of set-off which, in the opinion of the Court, is not admissi ble as set-off, the Court may either before or at the hearing, on
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