1912_CODE_OF_CIVIL_PROCEDURE — Page 38

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1169

154. Payment into Court shall be signified in the statement of Pleading of defence, and the claim or cause of action in satisfaction of which payment such payment is made shall be specified therein.

into Court. 0.22 T. 2.

before

155. If the defendant pays money into Court before filing his Payment statement of defence, he shall serve on the plaintiff a notice in into Court writing specifying both the fact that he has paid in such money and defence. also the claim or cause of action in respect of which such payment has been made.

ib. r. 4.

156. In the following cases of payment into Court under this Payment over Chapter, namely,-

to plaintiff in certain cases

(1) when payment into Court is made before the filing of the of money paid 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.

into Court. ib. r. 5.

where pay- ment into

157. When the liability of the defendant, in respect of the claim Procedure or cause of action in satisfaction of which the payment into Court has been made, is denied in the statement of defence, the following Court is rules shall apply :---

made with denial of defendant's

(1) the plaintiff may accept, in satisfaction of the claim or cause liability. of action in respect of which the payment into Court has been made, ib.r. 6. 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 in respect of such claim or cause of action, except as to costs, shall be stayed; or the plaintiff may refuse to accept the money in satisfac- tion, in which case the money shall remain in Court subject to the provisions hereinafter contained;

(2) if the plaintiff accepts the sum so paid in, he shall, after ser- vice on the defendant of a notice in writing accepting the sum paid in satisfaction of the claim or cause of action in respect of which it has been paid in, be entitled to have the money paid out to himself on request, or to his solicitor on the plaintiff's written authority, unless the Court otherwise orders;