676
No. 3.]
Signature of pleading. 0.19 r. 4.
Particulars to be given in case of mis-representation, fraud, etc. Ib. r. 6.
Ordering of further and better particulars. Ib. r. 7.
Time for pleading after delivery of particulars. Ib. r. 8.
See Or236/11 §10 Plea of not guilty by statute. Ib. r. 12.
Admission of fact not specifically denied. Ib. r. 13.
THE ORDINANCES OF HONGKONG: [A.D. 1901.
ing relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
(2.) It shall, when necessary, be divided into paragraphs, numbered consecutively, and each paragraph shall, as nearly as may be, contain separate and distinct statement or allegation.
(3.) Dates, sums, and numbers shall be expressed in figures and not in words.
113. Signature of counsel shall not be necessary; but where a pleading has been settled by counsel it shall be signed by him; and, if not so settled, it shall be signed by the solicitor, or by the party, if he sues or defends in person.
114. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence and in all other cases in which particulars may be necessary, particulars (with dates and items, if necessary) shall be stated in the pleading: Provided that if the particulars are of debt, expenses, or damages, and exceed three folios, the fact must be so stated, with a reference to full particulars already delivered or to be delivered with the pleading.
115. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, on such terms as to costs and otherwise as may be just.
116-(1.) The party at whose instance any particulars have been delivered under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons.
(2.) Except as in this section provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.
117. Nothing in this Code shall affect the right of any defendant to plead not guilty by statute; and every defence of not guilty by statute shall have the same effect as a plea of not guilty by statute has heretofore had: Provided that if the defendant so pleads, he shall not plead any other defence to the same cause of action, without the leave of the Court.
118. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.
Page 25
Page 26
676
No. 3.]
Signature of pleading. 0.19 r. 4.
Particulars
to be given in case of mis- representa-
tion, frand,
etc. Ib. r. 6.
Ordering of further and better parti- culars. Ib. r. 7.
Time for pleading
after delivery of particulars.
Ib. r. 8.
See Or236/11 §10 Plea of not
$1011
guilty by statute. Ib. r. 12.
Admission of fact not specifically denied.
Ib. r. 13.
THE ORDINANCES OF HONGKONG: [A.D. 1901. ing relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.
a
(2.) It shall, when necessary, be divided into paragraphs, numbered consecutively, and each paragraph shall, as nearly as may be, contain separate and distinct statement or allegation.
(3.) Dates, sums, and numbers shall be expressed in figures and not in words.
113. Signature of counsel shall not be necessary; but where a plead- ing has been settled by counsel it shall be signed by him; and, if not so settled, it shall be signed by the solicitor, or by the party, if he sues or defends in person.
114. In all cases in which the party pleading relies on any misrepre sentation, fraud, breach of trust, wilful default, or undue influence and in all other cases in which particulars may be necessary, particulars (with dates and items, if necessary) shall be stated in the pleading: Provided that if the particulars are of debt, expenses, or damages, and exceed three folios, the fact must be so stated, with a reference to full parti culars already delivered or to be delivered with the pleading..
115. A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, on such terms as to costs and otherwise as may just.
116-(1.) The party at whose instance any particulars have been delivered under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons.
(2.) Except as in this section provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.
117. Nothing in this Code shall affect the right of any defendant to plead not guilty by statute; and every defence of not guilty by statute shall have the same effect as a plea of not guilty by statute has hereto- fore-had: Provided that if the defendant so pleads, he shall not plead any other defence to the same cause of action, without the leave of the Court
118. Every allegation of fact in any pleading, not being a petition or summons, if not denied specifically or by necessary implication, or stated to be not admitted, in the pleading of the opposite party, shall be taken to be admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.
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