1923_CODE_OF_CIVIL_PROCEDURE — Page 40

CODE OF CIVIL PROCEDURE.・・ No. 3 of 1901.

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

into court. O. 22, r. 2.

into court

155. If the defendant pays money into court before filing Payment his statement of defence, he shall serve on the plaintiff a fore notice in writing specifying both the fact that he has paid defence. in such money and also the claim or cause of action in 0. 22, r. 4. 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.

Payment over

to plaintiff in certain cases

of money paid

into court. O. 22, r. 5.

ment into

157. When the liability of the defendant, in respect of Procedure the claim or cause of action in satisfaction of which the where pay- payment into court has been made, is denied in the state- court is ment of defence, the following rules shall apply

made with denial of defendant's

(1) the plaintiff may accept, in satisfaction of the claim or liability. cause of action in respect of which the payment into court O. 22, r. 6. has been made, the sum so paid in, in which case he shall [ef. s. 153.] 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 satisfaction, 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 service on the defendant of a notice in writing accept- ing the sum paid in satisfaction of the claim or cause of action in respect of which it has been paid in, be entitled to

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