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THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
Withdrawal by Plaintiff. XXXIV.
If the Plaintiff be desirous of not proceeding in the cause, he may give a written notice there? to the Clerk at his Office, and to the Defendant, and after the receipt of such notice the Defendant shall not be entitled to any costs other than those incurred up to the receipt of such notice unless the Judge shall otherwise order. The notice may be in the Form specified in Schedule 7 to these Orders annexed.
Defences. XXXV.
Where the Defendant intends to rely on a Set-off, Illegality, Fraud, Want of consideration, Coverture with the additional fact that the Husband of the Defendant was within the Colony at the time of action brought, Statute or Ordinance of Limitation, Discharge under a Bankrupt or Insolvent Act or Ordinance, his notice shall contain the particulars hereinafter mentioned with reference to such grounds of Defence, provided that in case of non-compliance with those Rules which apply to such grounds of defence and of the Plaintiffs not consenting at the hearing to permit the Defendant to avail himself of such defence, the Judge may, on such terms as he shall think fit, adjourn the hearing of the cause to enable the Defendant to give such notice.
XXXVI.
Where a Defendant intends to set-off any debt or demand alleged to be due to him by the Plaintiff he shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court and shall deliver to the Plaintiff and to the Clerk a statement of the particulars of such Set-off.
XXXVII.
Where a Defendant intends to rely on the defence of Illegality he shall give notice thereof in writing to the Plaintiff and to the Clerk of Court and shall deliver to the Plaintiff and to the Clerk a statement of such Illegality, and if the Illegality be under any Statute or Ordinance such statement shall contain a reference to the Statute or Ordinance.
XXXVIII.
Where a Defendant intends to rely on the defence of Fraud, Want of consideration or a Statute or Ordinance of Limitation he shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court.
XXXIX.
Where a Defendant intends to rely on the defence of a Discharge under any Statute or Ordinance relating to Bankrupts or for the relief of Insolvent Debtors he shall give notice thereof in writing, to the Plaintiff and to the Clerk of the Court, setting forth in such notice the date of his discharge.
XL.
Where a Defendant intends to rely on the defence of Coverture with the additional fact that her Husband was within the Colony at the time of the commencement of the Suit, she shall give notice thereof in writing to the Plaintiff and to the Clerk of the Court, setting forth in such notice the residence of her Husband.
XLI.
Where the defence is a Tender such defence shall not be available unless before or at the hearing of the cause the Defendant pays into Court the amount alleged to have been tendered.
XLII.
The Forms of Notice of Defence specified in Schedules 8 and 9 to these Orders annexed may used with such variations as the circumstances of each case may require.
Adjournment of Cause. XLIII.
The Parties to any cause at any time before the cause is called on may by consent and withor: any hearing fee postpone the hearing to such subsequent Court as the Judge shall direct.
XLIV.
Where a cause is adjourned no Order of Adjournment shall be served on either party unless bị direction of the Judge.
XLV.
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When anything, required by the practice of the Court to be done by either party, before during the hearing, has not been done the Judge may, in his discretion, and on such terms as he shel think fit, adjourn the hearing to enable the party to comply with the practice.
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