Directory_and_Chronicle_1904 — Page 398

IN CHINA AND COREA

Tender

295

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 shall be liable to bear the costs of the suit, even if he succeed in bis costs. defence to the extent of the set-off pleaded.

Court.

Where a defendant in his answer raises a defence by way of set-off, Cross suit. 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. 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 Effect. 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 defeudant pays money into Court, the plaintiff shall be Acceptance by at liberty to accept the same in full satisfaction and discharge of the cause plaintiff. of suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payinent 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 proccedings 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 Non-acceptance that he has sustained damage 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 regard to the fact of the costs. payment into Court having been made and not accepted.

Counter-claim

Cross petition

55. Where a defendant in his answer raises any specific defence, and it appears to the Court that on such defence being established he may be in same suit. 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-clain.

Proceedings after Answer

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

after answer.