Directory_and_Chronicle_1869 — Page 307

IN CHINA AND JAPAN.

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into Court of the amount to which, on the defendant's showing, the Payment into Court. plaintiff is entitled; and in default of such payment the defendant Costs. shall be liable to bear the costs of the suit, even if he succeeds in his defence to the extent of the set-off pleaded.

Where a defendant in his answer raises a defence by way of Cross suit. set-off, which, in the opinion of the Court, is not admissable as set- off, the Court may either before or at the hearing, on his application, give him liberty to withdraw such defence, and to file a cross peti- tion, and may make such order for the hearing of the suit and cross suit together or otherwise, on such terms as to costs and other matters as seem just.

Payment into Court.

54. Payment into Court by the defendant must be accompanied Answer. by an answer. The answer must state distinctly that the money paid in is paid in satisfaction of the plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.

Payment into Court, whether made in satisfaction of the plain- Effect. tiff's claim ganerally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.

Where the defendant pays money into Court, the plaintiff shall Acceptance by plaintif, be at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payment of the money out of Court to him; and on the hearing of the motion the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as seems just.

If the plaintiff does not so apply, he shall be considered as in- Non-acceptance, sisting that he has sustained damages to a greater amount,—or (as the case may be) that the defendant was and is indebted to him in a greater amount, than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall Costs. have regard to the fact of the payment into Court having been made and not accepted.

Counter-claim.

55. Where a defendant in his answer raises any specific defence, Cross petition in same and it appears to the Court that on such defence being established Suit. he may be entitled to relief against the plaintiff in respect of the subject-matter of the suit, the Court may, on the application of the defendant either before or at the hearing, if under the circumstances of any case it thinks fit, give liberty to him to file a counter-claim by a cross-petition in the same suit, asking for relief against the plaintiff, and may make such order for the hearing of the suit and counter-claim together or otherwise, and in such manner and on such terms as to costs and other matters as seem just, and may, if in any case it seems fit, require the plaintiff to give security to the satisfaction of the Court (by deposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Proceedings after Answer.

56. No replication or other pleading after answer is allowed, No pleading after except by special leave of the Court.

answer.