T. WATKINS LIGON, ESQUIRE, GOVERNOR.

157

ney by way of compensation or amends; and the
money shall be paid to the clerk, subject to the order
of the court, and the clerk shall give a receipt for it
upon the back of the plea, and the said sum shall
be paid out to the plaintiff, or his attorney, upon a
written authority from the plaintiff, on demand.

95. When money is paid into court, such pay-
ment shall be pleaded as near as may be, in the fol-
lowing form :
"The defendant by ————— , his attorney, (or in
person, &c.) (if pleaded to part, say, as to $ ——— ,
parcel of the money claimed,) brings into court the
sum of $ —— and says that the said sum is enough
to satisfy the claim of the plaintiff in respect of the
matter herein pleaded to."

When paid
shall plead as
in form.

96. The plaintiff, after the delivery of a plea of
payment of money into court, shall be at liberty to
reply to the same, by accepting the sum so paid into
court in full satisfaction and discharge of the cause of
action, or of the matter in respect of which it has been
paid in, and he shall be at liberty in such case to have
his costs taxed, and if they be not immediately paid,
he shall have judgment for the costs so taxed: or,
the plaintiff may reply that the sum paid into court
is not enough to satisfy the claim of the plaintiff in
respect of the matter to which the plea is pleaded ;
and, in the event of an issue thereon being found for
the defendant, the defendant shall be entitled to his
costs of suit, and the plaintiff to the sum paid into
court.

Plaintiff may
receive money
paid in as full
satisfaction of
cause of action

97. Wherever there may arise a doubt whether
the cause of action is of the nature of a breach of
contract or of a wrong, the court shall give the de-
fendant the benefit of the doubt; and in any plea in
such case, which shall be good in substance, shall
not be objectionable on the ground of its treating the
declaration either as framed for a breach of contract
or for a wrong.

Defendant to
have benefit of
doubt.

98. Pleas of payment and set-off, and all other
pleadings capable of being construed distributively,
shall be taken distributively, and if issue is taken
thereon, and so much thereof as shall be sufficient
answer to part of the causes of action proved, shall
be found true by the jury, a verdict shall pass for the
defendant in respect of so much of the causes of ac-
tion as shall be answered, and for the plaintiff in re-
spect of so much of the causes of action as shall not
be so answered.

Payment and
set-off.