682
No. 3.]
Payment into Court in satisfaction of claim, or with denial of liability.
∙ 0.22 r. 1.
Pleading of payment into Court.
Ib. r. 2.
Payment into Court before defence.
Ib. r. 4.
Payment over to plaintiff in certain cases of money paid into Court.
Ib. r. 5.
Procedure where payment into Court is made with denial of defendant's liability. Ib. r. 6.
153.
THE ORDINANCES OF HONGKONG: [A.D. 1901.
Where an action is brought to recover a debt or damages, any defendant may, before or at the time of filing his statement of defence or at any later time by leave of the Court, pay into Court a sum of money by way of satisfaction, which shall be taken to admit the claim or cause of action in respect of which the payment is made; or he may, with a defence denying liability, (except in an action or counterclaim for libel or slander), pay money into Court, which shall be subject to the provisions of section 157: Provided that, in an action on a bond under the Act of Parliament 8 and 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits," payment into Court shall be admissible to particular breaches only and not to the whole action.
154. Payment into Court shall be signified in the statement of defence, and the claim or cause of action in satisfaction of which such payment is made shall be specified therein.
155. If the defendant pays money into Court before filing his statement of defence, he shall serve on the plaintiff a notice in writing specifying both the fact that he has paid in such money and also the claim or cause of action in respect of which such payment has been made.
156. In the following cases of payment into Court under this Chapter, namely,-
(1.) when payment into Court is made before the filing of the statement of defence;
(2.) when the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is not denied in the statement of defence; and
(3.) when payment into Court is made with a defence setting up a tender of the sum paid,
the money paid into Court shall be paid out to the plaintiff on his request or to his solicitor on the plaintiff's written authority, unless the Court otherwise orders.
157. When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is denied in the statement of defence, the following rules shall apply:
(1.) the plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided, notwithstanding the defendant's denial of liability, whereupon all further proceedings...
682
No. 3.]
Payment into Court in satisfaction of claim, or with denial of liability.
∙ 0.22 r. 1.
Pleading of payment into Court.
Ib. r. 2..
Payment
into Court before defence.
Ib. r. 4.
Payment over to plaintiff in
certain cases of money paid into Court.
Ib. r. 5.
Procedure where pay- ment into Court is
made with denial of defendant's liability. Ib. x. 6.
..
153.
THE ORDINANCES OF HONGKONG: [A.D. 1901. Where an action is brought to recover a debt or damages, any defendant may, before or at the time of filing his statement of defence or at any later time by leave of the Court, pay into Court a sum of money by way of satisfaction, which shall be taken to admit the claim or cause of action in respect of which the payment is made; or he may, with a defence denying liability, (except in an action or counterclaim for libel or slander), pay money into Court, which shall be subject to the provisions of section 157: Provided that, in an action on a bond under the Act of Parliament 8 and 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits, payment into Court shall be admissible to particular breaches only and not to the whole action.
154. Payment into Court shall be signified in the statement of de fence, and the claim or cause of action in satisfaction of which such payment is made shall be specified therein..
155. If the defendant pays money into Court before filing his state ment of defence, he shall serve on the plaintiff a notice in writing specifying both the fact that he has paid in such money and also the claim or cause of action in respect of which such payment has been made.
156. In the following cases of payment into Court under this Chapter namely,-
(1.) when payment into Court is made before the filing of the state
ment of defence ;
(2.) when the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is not denied in the statement of defence; and.
(3.) when payment into Court is made with a defence setting up a
tender of the sum paid,
the money paid into Court shall be paid out to the plaintiff on his request or to his solicitor on the plaintiff's written authority, unless the Court otherwise orders.
157. When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is denied in the statement of defence, the following rules shall apply:
(1.) the plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided, notwithstanding the defendant's denial of liability, whereupon all further proceed
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