Digest of British Orders in Council Relating to China and Japan, with the Exception of the China and Japan Maritime Order in Council, 1874; The China - Softcover

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 Excerpt: ... of set-off Cross suit. which, in the opinion of the Court, is not admissible as set-off, the Court c 1 vfc 1..,. may either before or at the hearing, on his application, give him liberty to r ( 11 /.., 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 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 potition 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 defendant pays money into Court the plaintiff shall be at Acceptance by liberty to accept the same in full satisfaction and discharge of the cause of plaintiff. suit in respect of which it is paid in; and in that case the plaintiff may forthwith apply by motion for payment of the money out of Court to him; and on the hearing of the motion the Court shall make such order as to Non-acceptance. Costs. stay of further proceedings in the suit in whele or in part, and as to costs and other matters, as seems just. If the plaintiff docs not so apply he shall be considered as insisting that he has sustained damages to a greater amount,--or (as the case may be) that the defendant was and is indebted to him in a grea...