1923_CODE_OF_CIVIL_PROCEDURE — Page 42

HK Historical Laws 香港歷史法例 All AI Reviewed

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1155

not to be

160. Where a cause or matter is tried by the court with a jury, no communication to the jury shall be made, until after the verdict has been given, either of the fact that money has been paid into court or of the amount paid in.

The jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into court.

161.—(1) A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of the particulars of the set-off.

(2) If it is pleaded as a sole defence, it must also, unless it extends to the whole amount of the plaintiff's claim, be accompanied by payment into court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded.

Counterclaim.

162. Where the defendant raises a defence by way of set-off which, in the opinion of the court, is not admissible as set-off, the court may, either before or at the trial, on his application, give him liberty to withdraw such defence and to make a counterclaim or bring a cross-action; and may make such order for the trial of the action and the counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

163.—(1) Where a defendant in his statement of defence raises any specific defence, and it appears to the court that, on such defence being established, he may be entitled to relief against the plaintiff in respect of the subject-matter of the action, the court may, on the application of the defendant either before or at the trial, if in the circumstances of the case it thinks fit, give liberty to the defendant to file a counterclaim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counterclaim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1155 not to be 160. Where a cause or matter is tried by the court with a jury, no communication to the jury shall be made, until after the verdict has been given, either of the fact that money has been paid into court or of the amount paid in. The jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into court. 161.—(1) A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of the particulars of the set-off. (2) If it is pleaded as a sole defence, it must also, unless it extends to the whole amount of the plaintiff's claim, be accompanied by payment into court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded. Counterclaim. 162. Where the defendant raises a defence by way of set-off which, in the opinion of the court, is not admissible as set-off, the court may, either before or at the trial, on his application, give him liberty to withdraw such defence and to make a counterclaim or bring a cross-action; and may make such order for the trial of the action and the counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just. 163.—(1) Where a defendant in his statement of defence raises any specific defence, and it appears to the court that, on such defence being established, he may be entitled to relief against the plaintiff in respect of the subject-matter of the action, the court may, on the application of the defendant either before or at the trial, if in the circumstances of the case it thinks fit, give liberty to the defendant to file a counterclaim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counterclaim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1155 not to be 160. Where a cause or matter is tried by the court with Payment a jury, no communication to the jury shall be made, until into court after the verdict has been given, either of the fact that communi- money has been paid into court or of the amount paid in. cated to the The jury shall be required to find the amount of the debt 0. 22, r. 22. or damages, as the case may be, without reference to any payment into court. jury. 161.—(1) A defence of set-off to a claim for money, Defence of whether in debt or in damages, must be accompanied by a set-off-to statement of the particulars of the set-off. claim for money. H. K. Code, (2) If it is pleaded as a sole defence, it must also, unless s. 36 (1). it extends to the whole amount of the plaintiff's claim, be accompanied by payment into court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded. Counterclaim. claim, etc., H. K. Code, 162. Where the defendant raises a defence by way of Making of set-off which, in the opinion of the court, is not admissible counter- as set-off, the court may, either before or at the trial, on his in lieu of application, give him liberty to withdraw such defence and set-off. to make a counterclaim or bring a cross-action; and may s. 36 (2). make such order for the trial of the action and the counter- claim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just. terclaim may thereon. Schedule. 163.--(1) Where a defendant in his statement of defence Cases in raises any specific defence, and it appears to the court that, which coun- on such defence being established, he may be entitled to relief be allowed, against the plaintiff in respect of the subject-matter of the and proceduro action, the court may, on the application of the defendant II. K. Code, either before or at the trial, if in the circumstances of 37, the case it thinks fit, give liberty to the defendant to file a Form No. 17. counterclaim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counterclaim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just. · ;

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1155

not to be

160. Where a cause or matter is tried by the court with Payment a jury, no communication to the jury shall be made, until into court after the verdict has been given, either of the fact that communi- money has been paid into court or of the amount paid in. cated to the The jury shall be required to find the amount of the debt 0. 22, r. 22. or damages, as the case may be, without reference to any payment into court.

jury.

161.—(1) A defence of set-off to a claim for money, Defence of whether in debt or in damages, must be accompanied by a set-off-to statement of the particulars of the set-off.

claim for

money. H. K. Code,

(2) If it is pleaded as a sole defence, it must also, unless s. 36 (1). it extends to the whole amount of the plaintiff's claim, be accompanied by payment into court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded.

Counterclaim.

claim, etc.,

H. K. Code,

162. Where the defendant raises a defence by way of Making of set-off which, in the opinion of the court, is not admissible counter- as set-off, the court may, either before or at the trial, on his in lieu of application, give him liberty to withdraw such defence and set-off. to make a counterclaim or bring a cross-action; and may s. 36 (2). make such order for the trial of the action and the counter- claim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

terclaim may

thereon.

Schedule.

163.--(1) Where a defendant in his statement of defence Cases in raises any specific defence, and it appears to the court that, which coun- on such defence being established, he may be entitled to relief be allowed, against the plaintiff in respect of the subject-matter of the and proceduro action, the court may, on the application of the defendant II. K. Code, either before or at the trial, if in the circumstances of 37, the case it thinks fit, give liberty to the defendant to file a Form No. 17. counterclaim by a cross-statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counterclaim, together or otherwise, and in such manner and on such terms as to costs and other matters, as may seem just.

1923_CODE_OF_CIVIL_PROCEDURE — Page 42

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