Publisher's Synopsis
Excerpt from Archbold's Practice of the Court of Queen's Bench, in Personal Actions and Ejectment, Vol. 2
Upon payment of Debt, 5m, and Costs where the Amount is not disputed] It may be laid down as a general rule, that the de Upon Pa fendant will be allowed to stay proceedings upon payment of $3121?c 0323 debt and costs, in all cases where at common law he may pay wh�re the money into court. This is, however, a matter of favour to the fi'fi?'g'ggged defendant, and not of right; and therefore the court or a judge, in allowing it, may impose on the defendant such reasonable terms as they think proper(e). And, for the same reason, the court or a judge cannot, without the plaintiff's consent, allow the defendant a longer time for the payment than he would be entitled to by law (f). In assumpsit for a money demand, the defendant may have the proceedings stayed upon payment of the sum demanded In Assumpsit and costs( g). Where several actions are brought against the acceptor and indorsers of a bill of exchange, any of the parties, before judgment, may obtain a judge's order for a stay of the veral Actions proceedings on payment of the debt and costs in the action $3313? Effie against him, or, after judgment obtained in the action against change. Fire. Him, may prevent execution from being sued out thereon, upon payment of the debt and costs (h). Formerly the acceptor of a bill of exchange, or the maker of a promissory note, could not obtain a stay of proceedings before judgment, except upon the terms of paying, not only the debt and costs in the action against him, but also the costs in all the other actions against the indorsers, &c. But now, by rule of all the courts of T. T., 1 V., it is ordered that, in future, in any action against an acceptor of a bill of exchange, or the maker of a to stay pro costs in that action re was an attachment e acceptor, the sheriff of the costs of that ceptor had offered to.
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