1154
No. 3 of 1901.
Acceptance
of sum paid
into court before defence. O.22,
r. 7.
Payment
into court in
consolidated
action.
CODE OF CIVIL PROCEDURE.
have the money paid out to himself on request, or to his solicitor on the plaintiff's written authority, unless the court otherwise orders;
(3) if the plaintiff does not accept in satisfaction of the claim or cause of action in respect of which the payment into court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action, or any part thereof, the money shall remain in court and be subject to the order of the court, and shall not be paid out of court except in pursuance of an order of the court;
(4) if the plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into court, the sum paid in shall be applied, so far as may be necessary, in satisfaction of the plaintiff's claim, and the balance, if any, shall, under such order, be repaid to the defendant; and
(5) if the plaintiff proceeds with the action in respect of such claim or cause of action and the defendant succeeds in respect thereof, the whole sum paid in shall, under such order, be repaid to the defendant.
158. The plaintiff, when payment into court is made before the filing of the statement of defence, may within four days after the receipt of notice of such payment, or, when such payment is first signified in the statement of defence, may within four days after service of the statement of defence, accept in satisfaction of the claim or cause of action in respect of which such payment has been made the sum so paid in, in which case he shall give notice to the defendant accordingly, and shall be at liberty, in case the entire claim or cause of action is thereby satisfied, to tax his costs after the expiration of four days from the service of such notice, unless the court otherwise orders, and, in case of non-payment of the costs within forty-eight hours after such taxation, to sign judgment for his costs so taxed.
159. Where money is paid into court in two or more into court in actions which are consolidated, and the plaintiff proceeds to trial in one, and fails, the money paid in and the costs in all the actions shall be dealt with under the provisions of this Chapter relating to payment into court and tender in the same manner as in the action tried.
O. 22, r. 8.