(3.) The defendant shall give the plaintiff notice that he has paid in that money, stating in respect of what claim. (4.) Money so paid in may, unless the Court otherwise orders, be paid out to the plaintiff, or to his solicitor on the written authority of the plaintiff. (5.) The plaintiff may, after receipt of notice of payment in, accept the amount in satisfaction of the causes of action in respect of which it is paid it. in which case he shall give notice thereof to the defendant, and the Court shal make such order thereon as shall be just. Set-off and Counter-claim. 19.-(1.) A defendant may set off or set up, by way of counter-claim against the claim of the plaintiff, any right or claim. (2.) Notice of set-off or counter-claim must be given in writing to the Court so that, except in cases when the Court thinks fit otherwise to direct, it may be served on the plaintiff at least four days before the day fixed for the hearing of the action. (Form (B) 3.) (3.) The set-off or counter-claim shall have the same effect as if the defendant had brought a cross action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claua (4.) If in the opinion of the Court the set-off or counter-claim cannot be conveniently tried in the pending action, the Court may refuse permission to the defendant to avail himself of it in that action. Death of Party or other change. 20.-(1.) Where, after action brought, any change or transmission of interest or liability occurs in relation to any party to the action, or any party to the action dies, or (being a woman) marries, or the action in any other way becours defective or incapable of being carried on, any person interested may obtain from the Court any order requisite for curing the defect, or enabling or com pelling proper parties to carry on the proceedings. (2.) But any person served with such an order may, within such time, not exceeding fourteen days, as the Court in the order or otherwise directs, apply to the Court to discharge the order. Matters arising pending Action. 21. Any ground of defence which has arisen after action brought may be set up by the defendant, either alone or together with other grounds of defence. Depositions before Trial. 22.—(1.) At any time after an action is begun, and before the trial, the Court may take the evidence of a witness who is about to leave the district, in who, from illness or old age, or any other sufficient cause, is not likely to he able to be present at the trial. (2.) The evidence of such witness is taken in like manner, as nearly as bay be, as evidence is taken at the trial. (3.) The note of the evidence is signed by the witness at the time, and with the seal of the Court. It is called a deposition. (4.) A deposition may not, except for special reasons to be recorded m tar Minutes, be admitted in evidence at the trial, unless it is shown that the party against whom it is offered had an opportunity of cross-examining the deponer (5.) Evidence may be taken, in like manner, on the application of any erson, although no action or application is pending, where it is proved that e person applying has good reason to apprehend that a proceeding will be ken against him in the Court, and that some person within the district at the me of application can give material evidence respecting the subject of the prehended proceeding, but that he is about to leave the district, or that from me other cause the person applying will lose the benefit of his evidence if it not at once taken. Absence of Parties at Hearing. 23.-(1.) If at the time appointed for the hearing the plaintiff does not pear, the Court may strike out the action, and make such order as to costs in vour of any defendant appearing as the Court thinks just (2.) If the plaintiff a second time in like manner fails to appear, the Court all, unless it sees good reason to the contrary, dismiss the summons, which missal shall have the like effect as a judgment for the defendant on the prits at the hearing. (3.) If at the time appointed for the hearing the plaintiff appears, but the fendant, or any of the defendants, does not appear, the Court, before hearing e action, inquires into the service of the summons on the absent party or rties. (4.) The Court, if not satisfied respecting service on every party, may order at further service be made as the Court directs, and may adjourn the hearing r that purpose. (5.) The Court, on being satisfied respecting service on every party, may, if thinks fit, proceed to hear the action, notwithstanding the absence of the fendant, or of any of the defendants. (6.) If the Court hears the action, and makes an order against a defendant his absence, the Court may afterwards, on such terms as the Court thinks , re-hear the action, on proof that his absence was excusable, and that he has defence on the merits. Hearing. 24-(1.) Every action shall be heard and determined in a summary way. (2.) The hearing takes place in open Court. (3.) The Court may postpone or adjourn the hearing when, and as often, justice requires. Judgment. 25.-(1.) The judgment of the Court is delivered in open Court, and ecorded in the Minutes. (2.) Every such Minute shall have the full force and effect of a formal order. (3.) The Court may at any time order a formal order to be drawn up on he application of any party. (4.) Where the grounds of the judgment are stated in writing, the written tatement, or a copy signed by the Judge holding the Court, is filed on the file of proceedings. (5.) Where the Court reserves judgment, the parties are served with notice to attend and hear judgment, unless the Court at the hearing states the day on which judgment will be delivered. (6.) All parties are deemed to have notice of the judgment if pronounced it the hearing. (7.) All parties served with notice to attend and hear judgment are deem i to have notice of the judgment when pronounced. (8.) Judgment may be given by the Court subject to a case to be stated the Supreme Court. Costs. 26.-(1.) In every action the costs of the whole action, and of each par ticular proceeding therein, and the costs of every proceeding in the Court, ar in the discretion of the Court, as regards the person by whom they are to he paid. (2.) But the Court shall not order the successful party in an action to pay to the unsuccessful party the costs of the whole action; although the Cot may order the successful party, notwithstanding his success in the sctice t pay the costs of any particular proceeding therein. (3.) The Court may order any costs to be paid out of any fund or propers to which an action or proceeding relates. (4.) Where the Court orders costs to be paid by any party, the Court may, if it thinks fit, order all proceedings by or on behalf of that party in the sa action or proceeding, or connected therewith, to be stayed until the costs an paid. (5.) When the Court adjudges or orders any costs to be paid, the amin of such costs is, if practicable, fixed by the Court at the time of making t judgment or order and named therein. (6.) In fixing the amount of costs the principle to be observed is that the party who is in the right is to be indemnified for the expense to which he us been necessarily put in establishing his claim, defence, or counter-claim, but the Court takes into account all the circumstances of the case. Judgments and Orders. 27.-(1.) Upon the application of any party to an action a judgment or order shall be drawn up in the Form (B) 4, or some Form to the like ede t. It shall, when drawn up, bear the date of the day when it was given or maie and shall be copied in full in the Minutes. (2.) When a judgment or order is drawn up the Court certifies it e affixing to it the seal of the Court, or by signature as provided by Article 17, and the order so certified is handed to the party applying for it. (3.) Until a judgment or order has been drawn up and certified it cannot served or enforced, or appealed against. (4.) Any party to an action is entitled, on paying a reasonable sum fort e expense of copying, to an office copy (that is, a copy certified by the seal of t Court) of any judgment or order which has been drawn up and entered. Operation of Judgment. 28.-(1.) A judgment or order for the payment of money may, as the Coc thinks fit, order the money to be paid either at once or by specified instalmet'te or after the expiration of a specified time. (2.) A judgment or order requiring any person to do any act other than t:e payment of money, or to abstain from doing anything, may, according as t'e Court directs, take effect at once or after the expiration of a specified time. (3.) The Court may at any time stay execution of a judgment or order upon uch terms as it thinks fit. Payment of Money ordered to be Paid. 29.—(1.) All money ordered by any judgment or order of the Court to be aid by any person must be paid into an office of the Court, unless the Court herwise directs. (2.) Money so paid in is paid out by the Court to the person entitled ereto. Execution; generally. 30.—(1.) Execution of a judgment or order does not issue against a party ho has not been served with the judgment or order. (2.) A judgment or order may not, in general, be served or enforced out of le district of the Court. (3.) But the Court may, for special reasons to be recorded in the Minutes, irect that any particular judgment or order be served or enforced out of that istrict. (4.) When the Court is satisfied that a judgment or order has been served ad not obeyed, the Court, on the application of the person entitled to the enefit of the judgment or order, unless it sees good reason to the contrary, sues execution. (5.) When default is made in paying an instalment under a judgment or rder ordering the payment of money by instalments, execution may issue for he whole sum then remaining unpaid, unless the Court otherwise directs. Execution of Judgments or Orders for the Payment of Money. 31.-(1.) The person entitled to the benefit of a judgment or order for the ayment of money is called the judgment creditor. (2.) The person bound by such judgment or order is called the judgment lebtor. (3.) Execution of the judgment or order for the payment of money is- (b.) By attachment of debts due to the judgment debtor; or Seizure and Sale. 32.—(1.) On the application of a judgment creditor the Court issues a warrant of seizure and sale, directing an officer of the Court therein named to levy the money due, together with the costs of the execution, by seizure and ale of the goods of the judgment debtor wheresoever found within the district. (Form (B) 5.) (2.) The sum due, and the further sum to be levied for costs of the execution, are indorsed on the warrant. (3.) The sale of the goods seized shall be made by order of the Court, and shall be conducted under the direction of the Court, and by a person nominated by the Court. (4.) But no steps shall be taken therein without the demand of the judgment creditor. (5.) The judgment creditor shall be liable for any damage recoverable in consequence of any proceeding taken at his instance. (6.) The sale shall not be made until after the end of five days at least next following the day of seizure, unless the goods are of a perishable nature, or el the request, in writing, of the judgment debtor, or under order of the Cort made for reasons recorded in the Minutes. (7.) Until sale the goods shall be deposited by the officer in some fit plat. or they may remain in the custody of a fit person approved by the Court, put into possession by the officer. (8.) The Court shall not order the sale of the goods seized unless it proved that they belong to the judgment debtor, and are in a place where th Court has jurisdiction. (9.) Where a claim is made by a third party to the goods, or part the rod the same, if made by a British subject, shall be decided by the Court in a 42 mary way, as between the claimant and the judgment creditor. (10.) If the claim is made by a native or foreigner, the Court may it thinks fit, either oblige the judgment creditor to establish his claim befre selling the goods, or sell the goods and require the judgment creditor to defer' any claim. (11.) The officer executing a warrant of seizure and sale may, by virts thereof, seize any money, bank-notes, bills of exchange, promissory notes, borior securities for money belonging to the judgment debtor. (12.) The Court shall hold the property or instruments seized, other than money and securities immediately convertible into money, as security for th amount directed to be levied, or so much thereof as is not otherwise levied, fe the benefit of the judgment creditor. (13.) The judgment creditor may sue in the name of the judgment debt or in the name of any person in whose name the judgment debtor might hav sued, for the recovery of the money secured or made payable by any instrume seized, when the time for suing arrives. (14.) If, before or after seizure, the judgment debtor, by payment int Court, or to the officer executing the warrant, satisfies the execution, th warrant shall be superseded, and the goods and property and instruments seized shall be released and delivered up. Attachment of Debts. 33.-(1.) Execution by way of attachment of debts is granted wher judgment creditor satisfies the Court that another person (called the garnishee) is indebted to the judgment debtor, and is within the jurisdiction of the Cou (2.) The Court may summon the garnishee and the judgment debtar ta attend and be examined. (3.) If the garnishee upon such examination disputes his liability to judgment debtor, or alleges that the debt sought to be attached belongs t some third person, the Court takes such proceedings as it thinks necessary ‘a determine the garnishee's liability, and may, if such third person is within t'u jurisdiction, summon such third person or any other necessary witness to attend, and may bar or otherwise deal with such third person's claim. (4.) If the garnishee admit, or the Court after such proceedings as afore said is satisfied, that there is a liquidated sum then due from the garnishee the judgment debtor, the Court may order the garnishee to pay into Court the |
