593894-1939-Ordinance-passed-and-assented-to---Law-revision--No-33-of-1939 — Page 11

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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 2, 1939.

Schedule, contd.

SHORT TITLE.

AMENDMENT OR REPEAL.

2. The Code of Civil

Procedure, 1901. (No. 3 of 1901), -contd.

Payment into and out of court.

152-(1) In any action for a debt or Payment damages or in an Admiralty action the into court. 0. 22, r. 1. delendunt may at any time after appear- ance upon notice to the plaintiff pay into court a sum of money m satisfaction of the claim or (where several causes of action are joined in one action) in satis- faction of one or more of the causes of action: Provided that with а defence setting up tender before action the sum of money alleged to have been tendered must be brought into court.

(2) Where the money is paid into court Specific in satisfaction of one or more of several causes of

action. causes of action the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the court otherwise orders.

(3) The notice shall be in Form No. 16a Notice. in the Schedule and shall state whether Schedule.

Form

liability is aduntted or denied and receipt No. 16a. of the notice shall be acknowledged in writing by the plaintiff within three days.

take

158.--(1) Where money is paid into court Plaintiff under section 152 the plaintiff may within may seven days of the receipt of the notice of out money. 0. 22, r. 2. payment into court or, where more than one payment into court has been made, within seven days of the receipt of the notice of the last payment into court, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause causes of action to which the specified sum or sumus relate, by giving notice to the de- fendant in For No. 166 in the Schedule; Schedule. and thereupon he shall be entitled to Form

No. 166. receive payment of the accepted sum or sums in satisfaction as aforesaid.

(2) Payment shall be made to the plaintiff or on his written authority to his solicitor, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the plaintiff accepts money paid Plaintiff into court in satisfaction of his claim, or may tax

costs. if he accepts a sum or sums paid in respect of one or more of specified causes of action, and gives notice that he abandons the other cause or eanses of action, he may, after four days from payment out and unless the court otherwise orders, tax his costs incurred to the time of payment into court, and forty-eight hours after taxation may sign judgment for his taxed costs.

(4) A plaintiff in an action for libel or slander who takes money out of court may apply by summons in chambers for leave to make in open court a statement in terus approved by a judge.