(168.)

Further particu

7. A further and better statement of the nature of the claim or defence, or further and better particulars of any lars. matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just. (E. 203.)

(169.) Time after par

8. The party at whose instance particulars have been delivered under a Judge's order shall, unless the order other-ticulars. wise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons. Save as in this Rule provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings, or give any extension of time. (E. 204.)

9. Every pleading may be either printed or written, or partly printed and partly written. (E. 205.)

10. Every pleading or other document required to be delivered to a party, or between parties, shall be delivered in the manner now in use to the solicitor of every party who appears by a solicitor, or to the party if he does not appear by a solicitor, but if no appearance has been entered for any party, then such pleading or document shall be delivered by being filed with the proper officer. (Ε. 206.)

(170.) Written or printed.

(171.)

Service.

11. Every pleading shall be delivered between parties, Endor(172.)nt. and shall be marked on the face with the date of the day on which it is delivered, the reference to the letter and number of the action, the title of the action, and the description of the pleading. (E. 207.)

12. Nothing in these Rules contained 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. But if the defendant so plead, he shall not plead any other defence to the same cause of action without the leave of the Court or a Judge. (E. 208.)

13. 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 ar infant, lunatic, or person of unsound mind not so found by inquisition or judicial decision. (E. 209.)

(173.) Not guilty.

(174.)

Tacit admissions. (175.) Contested points to be stated.

(176.)

Statements to

14. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, [as the case may be]; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading. (E. 210.)

15. The defendant or plaintiff, (as the case may be), raise points spe- must raise by his pleading all matters which show the ac

cifically.

(177.)

No inconsistent pleadings.

(178.) General denial insufficient.

(179.) Joining issue.

(180.) Answer to be

tion or counter-claim not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, Statute of Limitation, release, payment, performance, facts showing illegality either by statute or common law, or Statute of Frauds. (E. 211.)

16. No pleading, not being a petition or summons, shall, except by way of amendment, raise any new grounds of claim, or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. (Ε. 212.)

17. It shall not be sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his reply to deny generally the grounds alleged in a defence by way of counter-claim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages. (E. 213.)

18. Subject to the last preceding Rule, the plaintiff, by his reply, may join issue upon the defence, and each party in his pleading, (if any), subsequent to reply, may join issue upon the previous pleading. Such joinder of issue shall operate as a denial of every material allegation of facts in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted. (Ε. 214.)

19. When a party in any pleading denies an allegation direct and full. of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of substance. Thus, if it be alleged that he received a certain sum of money, it shall not be sufficient to deny that he re

ceived that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances. (E. 215.)

20. When a contract, promise, or agreement is alleged Denia (181 conin any pleading, a bare denial of the same by the opposite tract. party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise. (E. 216.)

Effect of docu

21. Wherever the contents of any documents are ma- (182.) terial, it shall be sufficient in the pleading to state the ments to be effect thereof as briefly as possible, without setting out the stated. whole or any part thereof unless the precise words of the document or any part thereof are material. (E. 217.)

(183.)

Allegation of

22. Wherever it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any malice, &c. person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be inferred. (E. 218.)

allege notice to

(184.)

23.. Wherever it is material to any pe per- Allegation of son of any fact, matter, or thing, it shall be sufficient to notice. allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, be material. (E. 219.)

24. Whenever any contract, or any relation between any concl (185) from persons is to be implied from a series of letters or conversa- evidence to be tions, or otherwise from a number of circumstances, it shall stated. be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, conversations, or circumstances without setting them out in detail. And if in such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative. (E. 220.)

(186.)

25. Neither party need in any pleading allege any presumed facts matter of fact which the law presumes in his favor or as to need not be which the burden of proof lies upon the other side, unless the same has first been specifically denied: (e. g., consideration for a bill of exchange, where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim.) (E. 221.)