service on the party ordered to pay. (Anon., 4 Mad. 462). Where, by an order, a fund was directed to be sold, and the proceeds paid to the plaintiffs in the suit, who were entitled as trustees only, and the plaintiffs executed to their solicitor a power of attorney, to receive the money, but before the money was paid one of them became bankrupt: it was held, that the accountant-general was right in refusing payment, until that circumstance had been brought to the knowledge of the Court. (Gage v. Watmough, 5 Jur. 404-C.).

An order was made on a person, not a party to the cause, for payment of a sum of money, within three weeks from the date of the order; but it was not served until after the expiration of that time: this is irregular, and the subsequent proceedings will be set aside. For the former practice as to the mode of enforcing payment of a sum of money, under an order of the Court, against one not a party to the cause, see Duffield v. Elwes, 2 Beav. 268.

SECTION 4.

Mode of paying Money into Court.

THE mode of paying money into Court will be explained by the following statement of the mode of paying in receivers' balances. The amount having been found by the Master on passing the account, he prepares a report of such balance, and thereby limits the time within which it is to be paid in: this report requires no confirmation, but is taken forthwith to the Report Office, and in a day or two an

office copy of it is obtained; this is taken, with the order under which the balances of his account are directed to be paid in, to the clerk in the proper division of the accountant-general's office, (where all causes or matters are arranged according to the initial letter of the first plaintiff's name), and he will obtain the following day a printed request or direction for the Bank to receive the exact balance to be paid in. This direction is taken to the Bank, and such notes as may form part of the balance having been examined and cancelled at the Cashier's Office, and a note given by one of the tellers for any cash you may pay in, the direction, the cancelled notes and the note of the cash are taken to the Chancery Office in the Bank, and a printed receipt for the amount so paid is given; this is countersigned by one of the cashiers, and then filed at the office of the accountant-general, where the paying-in ticket, as it is termed, was obtained.

If the order direct that the balance is to be invested in the purchase of any particular stock, (usually the three per cent. consols), a note or request that such investment may be effected is filled up; and the office copy of the report specifying the balance found due, and the order under which the investment is to be made, are left with the accountantgeneral to complete the investment, who subsequently issues a certificate of the amount of stock so purchased with the balance.

For transferring stock into the name of the accountant general, the defendant's solicitor must be furnished with the order or an office copy, and attend with it at the accountant-general's office to

have the necessary tickets of transfer made out. Having obtained these, the defendants may make the transfer at the Bank, either personally or by power of attorney. When the transfer has been made, and all the Bank documents left at the accountantgeneral's office, then the like copies of his certificate of transfer are to be obtained as on a payment of money.

SECTION 5.

Destruction of the Accountant-General's Cheque. A CHEQUE of the accountant-general was alleged to have been accidentally destroyed: the Court, though not satisfied with the evidence of its destruction, directed the issue of a new cheque, on the ground that the other cheque, being more than a year old, would not be paid, if presented. (Taylor v. Scrivens, 1 Beav. 571).

CHAPTER XXXVI.

PAYMENT OF MONEY OUT OF COURT.

THE proper mode of obtaining money out of Court, is by petition: but, in a case where the rights of the parties had been ascertained by arbitration, and no decree had been made, the Court ordered payment

of

money out of Court upon motion. (Oliver v. Burt, 1 Beav. 583). Where small sums are payable out of Court to parties, an order will be made to pay

them to the solicitor, he undertaking to distribute them; but it is necessary, either that the petition, praying payment to the solicitor, should be signed by the parties, or that a written authority, signed by the parties, should be produced to the Court, authorizing the payment to the solicitor. (Kelsall v. Minton, 2 Beav. 361). The Court will not order payment, to the solicitor of a legatee, of any sum exceeding £10. (Hawkins v. Dod, 5 Jur. 1130V. C. W.). The 28th Ord. (B.), which directs, that orders for paying out sums of money shall specify the amount to be paid out, applies to those cases only in which the amount to be paid out can be ascertained at the time when the order for payment is made. (Piggott v. Garraway, 9 Sim. 260). Payment of money out of Court will be ordered to an administratrix of a person presumed to be dead, not having been heard of for more than seven years; the Court being satisfied with such evidence of death as was thought sufficient by the Ecclesiastical Court in granting administration. (Dunsmure v. Baulderson, 5 Jur. 958-V. C.).

A. sold a fund, to which his wife was entitled in reversion, and when it fell into possession he was resident in Africa. The wife consented to waive her equity to a settlement, and that the fund should be transferred to the purchaser:-Held, that the usual affidavit, that there was no settlement affecting the fund, might be made by the wife alone. (Elliott v. Remmington, 7 Sim. 502). Whether the Court will or will not accept the consent of a married woman, being a minor, to the payment out of Court, of money

to which she is entitled, seems to be a doubtful question, it having been determined in the affirmative in Gullin v. Gullin, (7 Sim. 239), and in the negative in Stubbs v. Sargon, (2 Beav. 496). An order for payment to the husband, of money to which his wife was entitled, cannot be inserted in the order for further directions, but must be obtained by petition, although the wife consents. (Campbell v. Harding, 6 Sim. 283).

CHAPTER XXXVII.

REPLICATION.

1. Effect of Replication, 329. 2. Filing Replication, 330.

SECTION 1.

Effect of Replication.

If the plaintiff is satisfied with the answer, and not advised to amend, he should, within two months after it is to be deemed sufficient, either set down the cause for hearing on bill and answer, or file a replication. If the answer is not replied to, this is an admission of the facts stated in the answer. (Legard v. Sheffield, 2 Atk. 377). By filing a replication, the plaintiff deprives the defendant of the power of reading the answer as evidence, and puts him upon