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No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Specific causes of action.
Notice. Schedule. Form No. 16a.
Plaintiff may take out money.
O. 22, r. 2.
*
Schedule. Form No. 16b.
Plaintiff may tax costs.
(2) Where the money is paid into court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the court otherwise orders.
(3) The notice shall be in Form No. 16a in the Schedule, and shall state whether liability is admitted or denied and receipt of the notice shall be acknowledged in writing by the plaintiff within three days.
153.—(1) Where money is paid into court under section 152 the plaintiff may within seven days of the receipt of the notice of payment into court or, where more than one payment into court has been made, within seven days of the receipt of the notice of the last payment into court, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in Form No. 16b in the Schedule; and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction as aforesaid.
(2) Payment shall be made to the plaintiff or on his written authority to his solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.
(3) If the plaintiff accepts money paid into court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more of specified causes of action, and gives notice that he abandons the other cause or causes of action, he may, after four days from payment out and unless the court otherwise orders, tax his costs incurred to the time of payment into court, and forty-eight hours after taxation may sign judgment for his taxed costs.
(4) A plaintiff in an action for libel or slander who takes money out of court may apply by summons in chambers for leave to make in open court a statement in terms approved by a judge.
(5) This rule does not apply to Admiralty actions or to an action or cause of action to which a defence of tender before action is pleaded.
* As amended by Law Rev. Ord., 1939.
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