Page:Halsbury Laws of England v1 1907.pdf/357

 — Pkactice of Other Courts.

Part IV.

135

an order for the balance, and where the amount is more than the taxed costs the balance must be paid to the party making the tender (p). A party may accept a tender of part of the claim, and is entitled, unless the tender is coupled with a notice of defence on the ground of tender before action brought, to costs in respect of the amount up to the date of notice and acceptance, but the amount cannot be paid out nor the costs taxed until after the disposal of entitled to

Sect.

1.

County Courts iD Admiralty,

the action, and is subject to a set-off for any costs awarded to the party making the tender {q).

303. Where notice of defence on the ground of tender before Defence on action brought accompanies the tender and the tender is accepted, ground of tender before an order of the Court is necessary for payment out, which will also action.

deal with

any costs or

the tender

set-off for costs

allowed to the party making

(r),

(s) is made with a denial of liability the Payment accept the same at any time before the action into Court with denial of is called on, subject to a liability for reasonable costs incurred liability. by his delay {t). In any other case the usual rules of the Supreme Court as to costs on payment into Court with denial of liability apply (u). A defendant on making a tender should state in his notice Offer to pay on w^hat scale he is prepared to pay costs, as otherwise he may be costs. liable, in the event of acceptance and in the absence of a special order by the judge, to pay costs on a scale higher than that which would have been applicable if the suit had been tried out (a).

304. Where a tender

adverse party

may

305. Money in Court may be paid out to the solicitor on the Payment out record without the production of a power of attorney from the of Court. party entitled to receive the money, unless the judge otherwise orders (b). The proceeds of the sale of a vessel, where there are several actions pending against the proceeds, must be retained in Court to abide the decision of otherwise orders (c).

all

the actions, unless the judge

306. The action is heard in the ordinary course at one of the Hearing, usual sittings of the Court, but it may be heard at some other place upon the application of either party on an undertaking to provide for the expenses of such hearing {d). In cases of urgency a special

ip)

County Court Eules, 1903—1906, Ord.

(r)

Ord. 39, Ord. 39,

(s)

I.e.,

iq)

r.

78.

r.

79.

payment

39,

r.

77.

into Court; see note (m), p. 134, ante. V ^' F Ord. 39, r. 80. (u) See title Practice and Procedure. («). See The Skudenaes (1901), 70 L. J. (p.) 64. ^ {h) Ord. 39, r. 81. {<') Ord. 39, r. 82. {d) County Courts Admiralty Jurisdiction Act, 1868 (31 SI

'

(t)

•^^'^^rd. 39, rr.

1

—

3.

Por forms

of undertaking, see

&

32 Yict.

c.

71),

County Court Porms,