JUDGMENT for Want of Defence-continued. 2. Set it down against him when it is entered for trial; or 3. Set it down on motion for judgment against the other defendants (Ord. 29, r. 11). [As we have before observed (see p. 21) under Ord. 29, r. 14, "Any judgment by default, whether under this order or under any other of these rules, may be set aside by the Court or a Judge, upon such terms as to costs or otherwise, as such Court or a Judge may think fit" (Ord. 29, r. 14).] PAYMENT into Court before Defence. (b) Damages, Any defendant may at any time after service of the writ, and before or at the time of delivering his defence, 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 (Ord. 30, r. 1). Where payment in is made before defence, the defendant shall serve upon plaintiff a notice that he has paid in such money, and in respect of what claim (Ord. 30, r. 2). PAYMENT out to Plaintiff. Money paid into Court as aforesaid may, unless otherwise ordered by a Judge, be paid out to the plaintiff or to his solicitor on the written authority of the plaintiff. No affidavit is to be necessary to verify the plaintiff's PAYMENT out to Plaintiff-continued. signature to such authority, unless specially required by the officer of the Court (Ord. 30, r. 3). 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 of action in respect of which it is paid in: in which case he shall give notice thereof to the defendant: 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 nonpayment within forty-eight hours to sign judgment for his costs so taxed (Ord. 30, r. 4). STATEMENT of Defence. The defendant shall, within such time and in such manner as hereinafter prescribed, deliver to the plaintiff a statement of his (a) Defence; (b) Set-off; or (c) Counter-claim; (if any). Such statement to be as brief as the nature of the case will admit, and the Court in adjusting the costs of the action shall inquire, at the instance of any party, into any unnecessary prolixity, and order the costs thereof to be borne by the party chargeable with the same (Ord. 19, r. 2). Time for delivery of defence. Where a statement of claim is delivered to defendant, he must deliver his defence within eight days— (a) From the delivery of the claim, or STATEMENT of Defence-continued. whichever shall be last, unless such time is extended by the Court or a Judge (Ord. 22, r. 1). [A demurrer is included in a defence under the above rule. And it is decided that where a defendant has obtained an order for further time to defend, he may demur within such time (Hodges v. Hodges, 2 Ch. Div. 112).] No pleadings are to be amended or delivered in the Long Vacation, unless directed by Court or a Judge (Ord. 57, r. 4). Where the defendant appears to the action, and has stated that he does not require a statement of claim, and no statement of claim has been delivered to him, he may deliver a defence at any time within eight days after his appearance, unless time extended (Ord. 22, r. 2). Where leave has been given to a defendant to defend under Ord. 14, r. 1, he must deliver his defence (if any) (a) Within such time as is limited by the order giving leave; or, if no time is thereby limited, then (b) Within eight days after the order (Ord. 22, r. 3). Every defendant to an action need not be interested— (a) As to all the relief thereby prayed for; or (b) As to every cause of action included therein; but the Court or a Judge may make such order as may appear just— (1) To prevent any defendant from being embarrassed; or (2) Put to expense by having to attend proceedings in which he may have no interest (Ord. 16, r. 4). Where the defendant relies upon several distinct grounds of defence, set-off, or counter-claim founded STATEMENT of Defence-continued. upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly (Ord. 19, r. 9). In actions for recovery of land—Defendant in possession (a) By himself, or (b) By his tenant, need not plead his title, but it shall be sufficient to state that he is so in possession, unless his defence depends on(a) An equitable estate or right; or (b) He claims relief on any equitable ground against any right or title asserted by plaintiff. And he may, nevertheless, rely upon any ground of defence which he can prove, except as hereinafter mentioned (Ord. 19, r. 15). "Not guilty by statute." The defendant may still plead "not guilty by statute." And this defence is to have the same effect as formerly. Provided that if the defendant so plead he shall not plead any other defence without leave of the Court or a Judge (Ord. 19, r. 16). [The plea of "not guilty by statute" puts in issue, not only the defences peculiar to the statute, but also all that would have arisen at Common Law (Ross v. Clifton, 11 A. & E. 631).] Every allegation of fact, if not denied specifically, or by necessary implication, or stated to be not admitted, to be taken to be admitted except as against, (1.) An infant; (2.) A lunatic; or (3.) A person of unsound mind, not so found by inquisition (Ord. 19, r. 17). It is not sufficient for the defendant to deny generally STATEMENT of Defence-continued. the facts alleged in the statement of claim; but each allegation of fact, if not admitted, must be dealt with specifically (Ord. 19, r. 20). And where the Court or a Judge shall be of opinion that any allegations of fact denied or not admitted by the defence ought to have been admitted, the Court may make such order as shall be just with respect to any extra costs occasioned by their having been denied or not admitted (Ord. 22, r. 4). Demurrer (see p. 44). SET-OFF, or Counter-claim. A defendant may set off, or set up, by way of counterclaim, any right or claim, whether such set-off or counterclaim sound in damages or not (Ord. 19, r. 3). Such set-off, or counter-claim, is to have the same effect as a statement of claim in a cross action, so as to enable the Court to pronounce final judgment in the same action, both on the original and on the cross claim (Ord. 19, r. 3). [This power of setting up a set-off, or counter-claim, is intended to avoid cross actions, "so that, as far as possible, all matters in controversy between the parties may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided" (S. C. J. Act, 1873, s. 24, sub-sect. 7). It is not essential to a good counter-claim that it should disclose a claim equal in amount to the plaintiff's claim (Mostyn v. West Mostyn Coal & Iron Co., 1 C. P. Div. 145).] Every counter-claim made, or relief claimed by the defendant, is to state specifically, (1.) The relief which he claims (a) Either simply, or |