Page:Halsbury Laws of England v1 1907.pdf/318

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Admiralty.

96 Sect.

1.

Actions in rem.

counterclaim as embarrassing, although the plaintiffs were foreigners could not have been served with a writ of summons, and the counterclaim could, if the plaintiffs had so chosen, have been tried by a jury {u).

who

Sub-Sect.

Payment into Court byway of satisfaction or with denial of liability.

10.

Payment

into Court

and Tender.

191. The ordinary rules as to payment into Court applicable in other divisions of the High Court apply in the Admiralty Division. Thus a defendant may before or at the time of delivering his defence, or at any later time by leave of the Court or a judge, pay into Court a sum of money by way of satisfaction {a) which shall be taken to admit the claim or cause of action in respect of which the payment is made, or he may, with a defence denying liability, pay money into Court (b) which may be accepted in satisfaction of the claim or refused, as the case may be(c). Further, in accordance with the practice formerly prevailing in the Admiralty Court, a defendant may, and in salvage actions frequently does, tender a sum of money by act in Court, paying the amount of the tender into Court and pleading the tender in his defence. When such a defence, coupled with payment into Court, has been raised, and the tender is not accepted, the plaintiff will only be entitled to receive out of Court such an amount as the Court may find to be due, which may be a smaller amount than the sum tendered (d). ,

Tender by act in Court.

Costs where tender accepted.

192. Where a tender by act in Court is accepted or is pronounced by the Court after its refusal by the plaintiff, the plaintiff is generally given the costs of the action up to the time of tender, and condemned in the costs subsequent to the date of tender (e) There may be exceptions to this rule, as where the Court pronounces for the tender as adequate, but does not consider it to be liberal, and orders each party to bear his own costs (/). for

.

Notice of tender.

193. The defendant, in order to obtain the advantage of these rules of discretion as to costs, must, after paying the amount of the tender into Court (cj), give formal written notice to the plaintiff, separately from any pleading, that the amount tendered has been so paid into Court, is tendered to him, and is enough to satisfy his claim, whilst if the plaintiff' rejects the tender he must on his side The give formal written notice to the defendant of his rejection. defendant then in his defence pleads that the tender has been made, and the plaintiff may state in his reply the facts as to its rejection.

(w)

The Cheapside, [1904] P. 339.

C, Ord. 22, rr. 1, 2. C, Ord. 64, rr. 7, 8, 9 Ord. (c) E. S. C, Ord. 22, r. 1 Ord. 22, r. Payment into Court with, a denial of (a)

ih)

E. E.

S.

S.





67,

r. 8.

6. _

liability was not admissible in salvage suits until July, 1901, when the above rules were expressly made applicable to Admiralty actions. See The Chiltonford, [1901] W. N. 48.

The MoNa, [1894] P. 265. See The William Symington (1884), 10 P. D. /:oiMs (1882), 7 P.'D. 199. (/)

(d) (e)

Ig)

m

The Nasmyth

(1885), 10 P.

D. 41.

1,