Directory_and_Chronicle_1896 — Page 267

IN CHINA AND JAPAN

Tender.

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

Set-off

Court.

53. A defence of set-off to a claim for money, whether in debt Particulars. 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 defendant's showing, Payment into the plaintiff is entitled; and in default of such payment the defendant Court. shall be liable to bear the costs of the suit, even if he succeed in his Oosts. defence to the extent of the set-off pleaded.

Where a defendant in his answer raises a defence by way of set-off, Cross suit. hich, 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 a.id may make such order for the hearing of the suit and cross suit together or otherwise, on such terms as to cos s and other matters as seem just.

Payment into Court.

54. Payment into Court by the defendant must be accompanied by an answer. 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 plumtiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.

Paym nt into Court, whether mad in satisfaction of the plaintiff's Effect. claim generally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount aid in, and no more, and for no other purpose.

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plaintiff.

Where the defendant pays money into Court, the plaintiff shall be Acceptance by at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is p id in; and in that case the plaintiff may fort with apply by motion for jayment 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 proce dings in the suit, in whole or in part, and as to costs and other ma ters, as se ms just.

If the plaintiff does not so apply, he shall be considered as insisting Non-acceptance. that he has su-tained damag to a greater amount, or (as the case may e) that the d fendant as 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 c sts at the hearing, shall have regard to the fact of the Costs, payment into Court having been made and not accepted.

Counter-claim.

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55. Where a defendant in his answer raises any specific defence, and Cross petition it appears

to the Court that on such defence being established he may be in same suit, entitled to relief again-t the plaintiff in respect of th subject-matter of the suit, the Court may, on the application of the defendant, either before or at the haring, if under the circumstances of any cas it thinks fit, give liberty to him to file a counter-claim by a cr ss-petition in the same suit, asking or relief again t the plaintiff, and may make such order for the hearing of the suit and counter-claim t gether o. otherwise, and in such manner and n 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 otcerwise) to abide by and perform the decision of the Court on the counter-claim.

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Proceedings after Answer.

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

after answer.

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