Directory_and_Chronicle_1886 — Page 766

RULES OF SUPREME COURT

Tender.

Payment into Court.

Particulars,

Payment into

Court.

Costa.

Cross suit.

Answer,

Effect.

Acceptance by plaintiff.

Non-acceptance.

Costs.

Cross petition

n same suit,

No pleading

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.

53. 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 dainages 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 an I disposing of costs at the hearing, shall have regard to th fact of the payment into Court having been made and not accepted.

it

Counter-claim.

1

55. Where a defendant in his answer raises any specific defence, and appears to the Court that on such defence being establishel he may

be entitled to relief against the plaintiff in respect of the subject-matter of the suit, the Cours 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 an I counter-claim toge'ir or otherwise, and in such munner and on such terms as to costs and other matters as seem just, and my, if in any case it seems fit, require the plaintif 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 Ans vér.

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