Judicature Act 1875 (38 & 39 Vict., C.77)
参考原資料
- The Supreme Court of Judicature acts, 1873 and 1875 (Schedule of rules and forms, and other rules and orders. With notes) , 1875 [Internet Archive]
- The Judicature Acts, 1873 and 1875 (Containing the Statutes, Rules of Court and Orders in Council, with Notes, Forming a Practice of the Supreme Court) , 1877 [Google Books]
備考
- 内閣文庫所蔵資料として，請求番号E001231，請求番号E010521，請求番号E001299，請求番号E006554，請求番号E010262が存在する．
- 明治民法の参照条文だけをテキスト化しています．
Order XIX.
PLEADING GENERALLY.
Set-off and counter-claim.
3. A defendant in an action may set-off, or set up, by way of counter-claim against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counter-claim shall have the same effect as a statement of claim in 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 claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of the Court or Judge such set-off or counter-claim cannot he conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof.
Order XXX.
PAYMENT INTO COURT IN SATISFACTION.
Time for payment into court.
1. Where any action is brought to recover a debt or damages, any defendant may at any time after service of the writ, and before or at the time of delivering his defence, or by leave of the court or a judge at any later time, pay into court a sum of money by way of satisfaction or amends. Payment into court shall be pleaded in the defence, and the claim or cause of action in respect of which such payment shall be made shall be specified therein.
Notice of payment.
2. Such sum of money shall be paid to the proper officer, who shall give a receipt for the same. If such payment be made before delivering his defence the defendant shall thereupon serve upon the plaintiff a notice that he has paid in such money, and in respect of what claim, in the Form No.5 in Appendix (B.) hereto.
Payment out to plaintiff.
3. Money paid into court as aforesaid may, unless otherwise ordered by a judge, be paid out to the plain-tiff, or to his solicitor on the written authority of the plaintiff. No affidavit shall be necessary to verify the plaintiff's signature to such written authority unless specially required by the officer of the court.
Notice to defendant of acceptance.
4. The plaintiff, if payment into court is made before delivering a defence, may within four days after receipt of notice of such payment, or if such payment is first stated in a defence delivered then may before reply, accept the same in satisfaction of the causes action in respect of which it is paid in; in which case he shall give notice to the defendant in the Form No.6 in Appendix (B.) hereto, and shall be at liberty, in case the sum paid in is accepted in satisfaction of the entire cause of action, to tax his costs, and, in case of non-payment within forty-eight hours, to sign judgment for his costs so taxed.