Directory_and_Chronicle_1885 — Page 757

Payment into Court,

Particulars.

Farment inte Court.

Costa.

Crosa soit.

Апамет,

Effect.

Acceptance by plaintif,

Non-acceptanza.

Costs.

Cross petition in same suit.

No pleading

RULES OF SUPREME COURT

Tender.

52. A defence alleging tender by the defendant must be accompanied by payment into Court of the amount alleged to have been tendered.

Set-off.

58. A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of particulars of set-off; and if pleaded as a sole defence, unless extending to the whole amount of the plaintiff's claim, must also be accompanied by payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and in default of such payment the defendant 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 set-off, which, in the opinion of the Court, is not admissible 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 petition 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 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 plaintiff's claim generally 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 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 insisting 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 have regal to the fit of the payment into Cour: having been made and not aces *P ed.

Counter-claim.

55. Whera lefendant in his answer raises any specii - lefence, and it appears 'o tar Court that on such defeace being esabi he may be enti lel to relief against the plaintiff in respect of th sut-matter of th suit, the 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, anl my make such order for the bearing of the suit and counter-claim toge he or otherwise, and in such mviner and on such terms as to costs and ther matters ns seem just, and my, if in a case it seems fit, require the plaintiff to give veurity to the tisfaction of the Court (by Jeposit or otherwise) to abide by and perform the decision of the Court on the counter-claim.

Proceedings after Anas ee.

J

56. No roli ation other pleading after answer is allowed except by special leave o. che Court.