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and he may make such order touching the premises as he might make if sitting in open Court presiding at sessions.

1. If the plaintiff desires to discontinue the action or suit against all or any of the parties thereto, be may give notice in writing thereof to the party or parties as to whom he so desires to discontinue, and pay or tender therewith the costs incurred by the party or parties up to the giving of such notice, and in the event of such payment or tender not having been made, or being insufficient, the defendant may at the sessions for the bearing of such action or suit apply to the Judge for an order against the plaintiff for the costs incurred before the receipt of such notice, and of attending the Court to obtain such order, and the Judge shall make such other order as to costs or other- wise as having regard to any tender made by the plaintiff or other circumstances he shall deem just.

2. The defendant in any equity suit in which a money demand may be made against him may at any time, not less than three clear days before the return day, pay into Court through the Clerk of the Peace such sum of money as he shall think a full satisfaction for the demand of the plaintiff, together with the costs incurred by the plaintiff up to the time of auch payment, and if the plaintiff shall elect to accept in full satisfaction of his claim, including costs, such money as shall have been so paid into Court by the defendant, and shall send to the Clerk of the Peace and to the defendant or his solicitor by post, or leave for the Clerk of the Peace at his office, and at the defendant's place of dwelling or place of business, or at his solicitor's office, a written notice stating such acceptance within such reasonable time before the return day as the time of payment by the defendant has permitted, the suit shall abate and the plaintiff shall be paid the money so paid into Court, and the defendant shall not be liable to any further costs. But if the plaintiff, after receiving notice of such lodgment, shall elect to proceed with the suit, the the same shall proceed, provided, however, that the Judge in exercising his discretion as to costs shall consider the fact of a plaintiff having refused to accept the sum so paid into Court.

3. Wherever money is paid into or deposited in Court, whether before or after decree, an acknowledgment in writing of such payment or deposit shall be given by the Clerk of the Peace.

4. Where a defendant pays money into Court in part payment of the amount claimed, or in order that he may plead the defence of tender, and the plaintiff does not accept the sum paid in satisfaction of the action or suit, the money shall not be paid