Θεσμοί Πολιτικής Δικονόμίας

1. (1) In any action for a debt or damages the defendant may at any time upon notice to the plaintiff pay into Court a sum of money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action : provided that with a defence setting up tender before action the sum of money alleged to have been tendered must be brought into Court.

(2) Where the money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the Court or a Judge otherwise order.

(3) The notice shall be in Form 14, and shall state whether liability is admitted or denied and receipt of the notice shall (where notice of acceptance in Form 16 is not being given) be acknowledged in writing by the plaintiff within four days.

2. (1) Payment, of money into Court shall be effected in such manner as may be prescribed by the Accountant-General with the concurrence of the Chief Justice.

(3) The Registrar shall, at the request of any person paying money into Court, furnish him with a certificate in Form 15, which shall be appended to or endorsed on the notice in Form 14.

3. (1) Where money is paid into Court under Rule 1 of this Order the plaintiff may within four days of the receipt of the notice of payment into Court or, where more than one payment into Court has been made, within ten days of the receipt of the notice of the last payment into Court, accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the specified sum or sums relate, by giving notice to the defendant in Form 16; and thereupon he shall he entitled to receive payment of the accepted sum or stuns in satisfaction as aforesaid.

(2) Payment shall he made to the plaintiff or on his written authority to his advocate, and thereupon proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed.

(3) If the plaintiff accepts money paid into Court in satisfaction of his claim, or if he accepts a sum or sums paid in respect of one or more of specified causes of action, and gives notice that he abandons the other cause or causes of action, he may, after payment-out and unless the Court or a Judge otherwise order, tax his costs incurred to the time of payment into Court.

(4) A plaintiff in an action for libel or slander who takes money out of Court may apply by summons to a Judge in chambers for leave to make in open Court, a statement in terms approved by a Judge.

4. If the whole of the money in Court is not taken out under Rule 3 of this Order, the money remaining in Court shall not be paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in and in pursuance of an order of the Court or a Judge, which may he made at any time before, at, or after trial.

5. (1) Money may be paid into Court under Rule 1 of this Order by one or more of several defendants sued jointly or in the alternative, upon notice to the other defendant or defendants.

(2) If the plaintiff elects within four days after receipt of notice of payment into Court to accept the sum or sums paid into Court, he shall give notice as in Form 16 to each defendant.

(3) Thereupon all further proceedings in the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed, and the money shall not be paid out except in pursuance of an order of the Court or a Judge dealing with the whole costs of the action or cause or causes of action (as the case may be).

6. A plaintiff or other person made defendant to a counterclaim may pay money into Court in accordance with the foregoing Rules of this Order, with the necessary modifications.

7. Except in an action to which a defence of tender before action is pleaded or in which a plea under section 23 of the Civil Wrongs Law, Cap. 9, has been filed, no statement of the fact that money has been paid into Court under the preceding Rules of this Order shall be inserted in the pleadings and no communication of that fact shall at the trial of any action be made to the Court until all questions of liability and amount of debt or damages have been decided, but the Court shall, in exercising its discretion as to costs, take into account both the fact that money has been paid into Court and the amount of such payment.

8. Money paid into Court under an order of the Court or a a Judge shall not be paid out of Court except in pursuance of an order of the Court or a Judge.

9. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant who has no guardian authorized to sue on his behalf or a person of unsound mind suing either alone or in conjunction with other parties, no settlement or compromise or payment or acceptance of money paid into Court, whether before or at or after the trial, shall as regards the claim of any such infant or person of unsound mind be valid without the approval of the Court or a Judge.

(2) No money (which expression for the purposes of this Rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by judgment or by settlement, compromise payment, payment into Court or otherwise, before or at or after the trial, shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's advocate unless the Court or a fudge shall so direct.

(3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court or a Judge shall direct.

(4) This Rule shall apply to the case of a counter-claim by an infant who has no guardian authorized to sue on his behalf or a person of unsound mind, the expression plaintiff, plaintiff's advocate and next friend being read as applying to a defendant setting up the counter-claim or his guardian ad litem.