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1.

APPENDIX M. (O. 22, r. 11).

PAYMENT INTO AND OUT OF COURT.

All moneys paid into Court under Order 22 of the Rules of Court, 1906, shall be paid or deposited by the Registrar or other proper officer receiving the same to the ReceiverGeneral of the Province, who shall give a receipt therefor to the Registrar or officer making the payment or deposit.

Request on Payment Into Court.

2. When money is paid into Court under the provisions of Order XXII., of the Rules of Court, 1906, (in any action brought to recover a debt or damages) a request shall be made to the Registrar in the Form A. hereunder, or as nearly as may be, and shall contain a statement of the circumstances under which the money is to be paid in in such of the following terms as may be applicable to the case, viz.:

(A.) When the money is to be paid in subject to the provisions of Rule 5 of Order XXII., a statement in

(B.) When the money is be paid in subject to the provisions of Rule 6 of Order XXII., a statement in the following terms: "Paid in on behalf of defendant against claim of above-named [name of party], with defence denying liability."

(C.) When the money is to be paid in in pursuance of an order, or otherwise than as above specified, a statement of the nature and date of the authority under which the payment is made, as for instance:"Paid in under order dated the

day of

19 ."

If the payment in is made upon a notice or pleading, such notice or pleading must be produced to the Registrar, and the receipt for the payment in shall be given thereon.

FORM A.

I. Request to Pay Money into Court.

SUPREME COURT OF JUDICATURE.

Title of cause or matter.

To the Registrar of the Supreme Court of Judicature.

Please receive $

for the account of the Receiver

General for and on behalf of the Supreme Court of Judicature

which amount is paid in*

Dated, &c.

Name of Solicitor

on the other side.

(Signature)

Solicitor for the

* Insert one of the following statements, in accordance with the circumstances:

(A.) “on behalf of defendant [state name] in satisfaction of claim of above-named" [stute name of party] (or "with defence setting up tender").

(B.) "on behalf of defendant [state name] against claim of above-named" [state name of party], "with defence denying liability."

(C.) "if paid in in pursuance of an order, or otherwise than as above, state nature and date of authority. For instance:- 'Under order dated

19 .

day of

[Note. The request should show the name of the party in whose behalf the money is paid in].

3. In every case of a payment into Court under the provisions of the said Order XXII., as provided in the preceding regulation, the Registrar shall cause an entry to be made in his books indicating the circumstances under which the money is stated to be paid in.

Appropriation of Money paid in under Order XIV.

4. When a defendant has paid money into Court under Order XIV. of the Rules of Court, as a condition of liberty to defend, and desires to appropriate the whole or any part of

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such money to the whole or any specified portion of the plaintiff's claim pursuant to rule 10 of Order XXII. of the said Rules, he or his solicitor shall leave with the Registrar a notice of such apprprioation in the Form B. hereunder, or as nearly as may be, specifying the title of the cause or matter, to the credit of which the money is standing, the date of the order under which the money was paid into court, and the amount to be appropriated; and whether so appropriated, (A) in satisfaction of a claim, or, (B) against a claim, with a defence denying liability; and thereupon, for the purposes of payment out of court, the money mentioned in the notice shall be subject to the next following regulation. The person leaving such notice must produce therewith the original receipt of the Registrar for the amount paid in.

FORM B.

Notice of Appropriation of Money paid in under Order XIV.

SUPREME COURT OF JUDICATURE.

Title of cause or matter.

To the Registrar of the Supreme Court of Judicature.
Take notice that S

of the money paid into court in the above action under order dated , 19, is appropriated by the defendant [state name of party], in respect of the plaintiff's claim, as under, viz. :

Dated, &c.

(Signature)

Insert one of the following statements, as may be intended :--

(A.) “in satisfaction of claim of plaintiff" [state name of party].

(B.) "against claim of plaintiff [state name of party] "with a defence denying liability."

Payment out of Court of Money Paid in under Order XXII.

5. When money has been paid into Court under Order XXII, as described in Regulation 2 hereof, and when and so far as money paid in under Order XIV. has been appropri

ated in the manner provided in the last preceding Regulation,
payment of the money shall be made to the person in satis-.
faction of whose claim it has been paid in, or to the person
otherwise entitled thereto, or, on the written authority of
either such person respectively, to his solicitor, as under :-
unless an order restraining such payment has been lodged
with the Receiver-General prior to the issue of a direction or
order by the Registrar for payment.

(A.) When the money has been paid in or appropriated
in satisfaction of a claim (or with defence setting
up tender), under Regulation 2 (A.) hereof, or the
last preceding regulation, a direction or order for
payment (Form E.) shall be issued by the Registrar
upon a request or authority in the Form C. here-
under, or as nearly as may be.

(B.) When the money has been paid in or appropriated
against a claim, with a defence denying liability,
under Regulation 2 (B.) hereof, or the last preced-
ing regulation, a direction for payment (Form E)
shall be issued by the Registrar upon receipt of
a notification that the plaintiff accepts the sum
paid in in satisfaction, and that due notice has been
given of such acceptance, and upon a request or
authority for payment of the same; such notifica-
tion and request or authority to be in the Form
(D.) hereunder, or as nearly as may be.

When a request is made for payment of money paid into Court on a notice or pleading the original receipted notice or pleading must, whenever so required, be produced to the Registrar.

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Request for Payment of Money Paid in or Appropriated in Satisfaction of Claim (under Rule 5 or Rule 10 of Order XXII.]

SUPREME COURT OF JUDICATURE.

Title of cause or matter.

To the Registrar of the Supreme Court of Judicature.
I hereby request that payment of the sum of $

paid in in the above action may be made to*

Dated, &c.

(Signature of witness)

(Address)

(Occupation)

(Signature)
(Address)

*N. B.- If payment is to be made to the plaintiff's solicitor, the plaintiff must himself sigu the request, and insert therein the words "the solicitor to me, the plaintiff" (naming such solicitor); but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, who should insert "me, the plaintiff," or by the solicitor of the plaintiff, who must insert "the plaintiff,” (naming him).

FORM D.

Request for Payment of Money paid in or appropriated against Claim, with
Defence denying Liability [under Rule 6 or Rule 10 of Order XXII]

Supreme Court of Judicature.

Title of cause or matter.

To the Registrar of the Supreme Court of Judicature.

I hereby notify that the sum of $ paid in in the above action has been accepted by the plaintiff in satisfaction of the claim in respect of which it is paid in, and I declare that due notice has been given of such acceptance thereof. And I request that payment of the said sum may be made tʊ* (Signature of Witness) (Address) (Occupation)

(Signature)
(Address)

*N. B.-If payment is to be made to the plaintiff's solicitor, the plaintiff must himself sign the request, and insert therein the words the solicitor to me, the plaintiff” (naming such solicitor); but if payment is to be made to the plaintiff in person, the request may be signed either by the plaintiff, who should insert “me, the plaintiff,” or by the solicitor of the plaintiff, who inust insert "the plaintiff” (naming him)