Common Law Procedure Amendment Act (Ireland) 1853

Drawing Money so lodged.

LXXVI. At any Time before Verdict or Judgment for the Defendant, or peremptory Order for Payment of Costs for not proceeding to Trial, the Plaintiff may, in any Case in which Money has been lodged in Court in discharge of the Plaintiff’s Demand, or on a Defence of Tender, apply to the Master of the Court to draw on the Bank of Ireland in favour of the Plaintiff for the Sum lodged by the Defendant; and the said Master, on being satisfied by Affidavit or otherwise that a Verdict or Judgment, or peremptory Order for such Payment as aforesaid, for the Defendant has not been had, shall thereupon draw accordingly; but after Verdict or Judgment or peremptory Order aforesaid for the Defendant, the Money shall remain in Court to answer the Defendant’s Costs, and the Plaintiff shall not be at liberty to draw the same unless by Order of the Court on Motion.