hongkong-colonial-ordinances-1847 — Page 194

10° VICTORIE .- 1847. 9


concisely the Name and Description of the Party suing, and the
Right in which he sues ; the Name of the Defendant, and the Right
in which he is sued ; the Nature, Extent, and Grounds of the Cause
of Action, Complaint, or Demand, and such Conclusions as, according
to the Form of each particular Suit or Action, the Plaintiff shall by
Law be entitled to deduce therefrom ; and if any argumentative or
irrelevant Matter be stated in the Declaration or Claim, the same,
being shewn to the Court, shall be struck out of the Declaration or
Claim, with or without the Payment of Costs, as the Court shall
direct.


XV. That in all Cases where the Defendant has appeared, or an Time of Pleading.

Appearance has been entered for him by the Plaintiff, he shall plead
or answer within Eight Days next after the filing of the Plaintiff's
Declaration or Claim, and Notice thereof served on the said Defen-
dant or his Attorney (unless, upon Application to the Court, or to
the Chief Justice at Chambers, further Time be granted to the
Defendant for that purpose :) provided due Notice to plead has been
given to the Defendant, and provided also that a Written Demand
of Plea has been served by the Plaintiff or his Attorney on the
Opposite Party after the Expiration of the said Eight Days, and
Twenty-four Hours have elapsed after the Service of the said De-
mand ; in Default whereof the Defendant shall be barred from
pleading or answering thereto, and the Plaintiff shall be at liberty
to sign Judgment : and in case the said Defendant shall, within the Requisites of Plea.
Time hereby limited , plead to the said Declaration, he shall in his
Plea either admit or deny, or confess and avoid, all the material
Facts alleged in the Declaration or Claim of the said Plaintiff, and
shall clearly and concisely state and set forth the same ; and if any
argumentative or irrelevant Matter be stated in the said Plea, the
same, being shewn to the Court, shall be struck out of the Plea,
with or without Payment of Costs, as the Court shall direct.


XVI. That the Plaintiff shall be at liberty, after the filing of Within what Time
Plaintiff to reply.
the Plea, Answer, or Demurrer of the Defendant, forthwith to reply
thereto, and shall be obliged to reply or answer thereto within
Eight Days after the Filing and Notice thereof, unless, upon Appli-
cation to the Court, or to the Chief Justice or other Judge thereof
at Chambers, further Time be given to him for that purpose ; and
in Default thereof, and after the Expiration of Twenty-four Hours
after a Written Demand of Replication has been made and served
by the Defendant or his Attorney, the Plaintiff shall be barred from
replying or answering thereto, and the Defendant shall be at liberty
to sign Judgment of Non-pros.


XVII. That if the Replication of the said Plaintiff shall contain Rejoinder-in what
any new Matter, the Defendant shall be allowed to rejoin to the Time. Case , and within what
said Replication, but not otherwise, unless with Leave of the Court,
or Chief Justice or other Judge thereof at Chambers, for that pur-
pose given ; and such Rejoinder of the Defendant shall be filed, and
Notice thereof given, within Eight Days after the Filing and Notice
of the Replication or Answer of the Plaintiff, unless upon Appli-
cation to the Court, or to the Chief Justice or other Judge thereof,
further Time be given for that purpose ; and in Default thereof, and
after the Expiration of Twenty-four Hours after a Written Demand
C thereof,