made by one or more defendants, against whom a sepa rate judgment may be taken. If the plaintiff, within ten days thereafter, serves upon the defendant's attorney, a written notice that he accepts the offer, he may file the summons, complaint, and offer, with proof of acceptance, and thereupon the clerk must enter judg ment accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence upon the trial; but, if the plaintiff fails to obtain a more favora ble judgment, he cannot recover costs from the time of the offer, but must pay costs from that time. Co. Proc., part of 385. Burnett v. Westfall, 15 How. 430: Lumbard r. Syracuse Street R. R. Co., 62 N. Y. 290; Bathgate v. Haskin, 63 1d. 261; Johnston v. Catlin, 57 id. 652: Sturgis v. Spofford, 58 id. 103; Magnine. Dinsmore, 15 Abb. N. S. 331. If §739. [Amended, 1877.] Plaintiff's offer to compromise counterclaim; proceedings thereon. Where the defendant sets up a counterclaim, to an amount greater than the plaintiff's claim, or sufficient to reduce the plaintiff's recovery below fifty dollars, the plaintiff may serve, upon the defendant's attorney, a written offer, to allow judgment to be taken against him, for a specified sum, with costs, or against the defendant for a specified sum, and against the plaintiff for costs. the defendant, within ten days thereafter, serves, upon the plaintiff's attorney, notice that he accepts the offer, either party may file the summons, complaint, answer, and offer, or copies thereof, and proof of acceptance; and thereupon the clerk must enter judgment accordingly. If notice of acceptance is not thus given, the offer cannot be given in evidence, upon the trial; but, if the recovery is not more favorable to the defendant than that so offered, he will not be entitled to recover costs from the time of the offer, but must pay costs from that time. ld., remainder of § 385, am'd. 740. Offer and acceptance, by whom subscribed. - Unless an offer or an acceptance, made as prescribed in either of the last four sections, is subscribed by the party making it, his attorney must subscribe it, and annex thereto his affidavit, to the effect, that he is duly authorized to make it, in behalf of the party. New. § 741. [Repealed, 1877.] § 742. [Repealed, 1877.] TITLE III. Payment of money into court, and care and disposition thereof. SEC. 743. Party bringing money into court is discharged. 744. General rules may regulate concerning payment into court. 745. Money to be paid to county treasurer, and securities taken in his name. 746. Funds; where and how deposited or invested. 747. Powers of supreme court as to transfer, etc., to and investment by guardian, etc. 748. When other courts have like power. 749. Powers of certain officers, touching securities, etc. 750. Provision relating to death, removal, etc., of officer. 751. Authority for payment of money by bank or trust company. 752. How county treasurer to keep his accounts. 753. County treasurer to report annually to the court. 754. These provisions applicable in New-York to the chamberlain. 743. Party bringing money into court is discharged. A party bringing money into court, pursu ant to the direction of the court, is discharged thereby from all further liability, to the extent of the money so paid in. 2 R. S. 171, 21 (2 Edm. 177). §744. General rules may regulate concerning pay. ment into court. The general rules of practice may contain regulations, concerning the payment of money into court, in an action, and the care and disposition thereof, which shall govern, where provision is not otherwise made by law. Substitute for id., 22. See Rules 70, 71, and 82 to 85. 745. Money to be paid to county treasurer, and securities taken in his name. — - Unless the court otherwise specially directs, money, paid into court, must be paid, either directly, or by the officer who is required by law first to receive it, to the county treasurer of the county, where the action is triable. Where it is paid to an officer, other than the county treasurer, he must pay it to the county treasurer, within four days after he re ceives it. In the city of New-York, he must pay it to the chamberlain, within two days after he receives it. A bond, mortgage, or other security, or a certificate or transfer of stock, taken upon the investment of money paid into court, must be taken to the county treasurer of the county where the fund belongs, in his name of office; or to such other county treasurer, as the court specially directs. But this and the next section do not prevent the court, upon the application of a party to an action, from directing in what manner or place, money, paid into court in the action, shall be deposited or invested. Substance of so much of L. 1848, ch. 277, 1 (4 Edm. 593), as properly belongs to this title, and is not obsolete; and the first two sentences of Rule 2. See, also, 2 R. S. 171, 172, part 3, ch. 1, tit. 2, 22 17, 18, and 24 (2 Edm 177, et seq.); also L, 1847, ch. 280, 271 (3 R. S., 5th ed., 285; 4 Edm. 575). $746. Funds; where and how deposited or invested. Provision may be made, in the general rules of practice, for the deposit, in a bank or trust company, of money paid into court; for the investment thereof in the public debt of the United States, or of a state, or for loaning it upon approved interest-bearing mortgages upon real property; and for the transferring or disposing, from time to time, of the money, or any investment, or security. But the money must be deposited or loaned in the county where the fund belongs, where that can be done conveniently and safely, and with advantage to the parties interested. Substance of 2 R. S. 171, 17, 18, and 21 (2 Edm. 177); also L. 1847, ch. 280, 283 (4 Edm. 580). §747. Powers of supreme court as to transfer, etc., to and investment by guardian, etc. The supreme court may direct that money, paid into that court, in an action brought therein, or a bond, mortgage, or other security, or public stock, in the possession or under the control of a county treasurer, which represents money so paid in, be transferred and delivered to a general or special guardian, committee, or other trustee, upon his giving, or if he has given, security, satisfactory to the court, for the faithful execution of his trust; or that a bond, mortgage, or other security, or public stock, be taken by and in the name of the guardian, committee, or other trustee; and be collected, invested or loaned as the court directs, or as prescribed in the general rules of practice. L. 1848, ch. 277, 28 (4 Edm. 596), am'd. 748. When other courts have like power. Each superior city court, each county court, and the marine court of the city of New-York, possesses, with respect to money, paid into that court, in an action brought therein, or a bond, mortgage, or other security, or public stock, in or upon which it has been invested or loaned, the power and authority conferred upon the supreme court, by the last section. See L. 1848, ch. 277, 8 1. $749.* Powers of certain officers, touching securities, etc. A county treasurer, or other officer, or a guardian, committee, or other trustee, in whose name is taken a bond, mortgage, or other security, or public stock, representing money, paid into court, in an action; or to whom stock or a security, or an account, deed, voucher, receipt, or other paper, representing or relating to such money, is transferred, delivered, made, or given, pursuant to law, is vested with title for the purposes of the trust, and may bring an action upon or in relation to the same, in his official or representative charac ter. Id., 4, am'd. $750. Provision relating to death, removal, etc., of officer. On the expiration of the official term of a county treasurer, or where a vacancy occurs in his office, by death or otherwise, all public stock, bonds, mortgages, and other securities held by him, as prescribed in this title, vest in his successor in office; and all money deposited, as prescribed in this title, in a bank, trust company or other depository, to his credit, vests in, and must be carried to, the account of his successor in office. 2 R. S. 172, 26 and 27 (2 Edm. 178), consolidated and abridged. 751. Authority for payment of money by bank or trust company. - Money, paid into court, in an action, and deposited in a bank or trust company, to the credit of a county treasurer, shall not be paid out, without the production of a certified copy of an order of the court, for that purpose, countersigned by the judge, by whose direction it is made. 2 R. S. 172, 23, modified so as to conform to Rule 84. § 752. How county treasurer to keep his accounts. -The accounts of a county treasurer, with respect to money received by him, as prescribed in this title, with each bank or trust company in which it is deposited, must be kept, so as to show, in the cash-books of the bank or company, and in the books of the county treasurer, in what particular action, or on what account, each item of money credited or charged, was deposited or paid out. Part of Rule 83. § 753. [Amended, 1877.] County treasurer to report annually to the court. A county treasurer, who has, in his possession or under his control, money, bonds, mortgages, or other securities, or public stock, as prescribed in this title, must, once in each year, at the time prescribed by special order, or by the general rules of practice, make a report to the court, into which the money was paid, containing a statement of his accounts for the preceding year, or since the last account was rendered, and of the funds and securities under his control, relating to the money paid into that court. The statement must show, as to each action separately, the amount on hand uninvested; the time when each sum of money was received; the time, amount, and other description of each payment, investment, or loan; the amount deposited in each bank or trust company; and the balance on deposit therein; and also all public stock, bonds, mortgages, and other securities, representing the remainder of the fund. The statement must be accompanied with a certificate of the proper officer of each bank or trust company, in which a deposit is made, to the effect, that the total amount, stated to be remaining on deposit, is actually in that bank or company, placed to the credit of the county treasurer, in the action, and not mingled with any other account. the court, at any time, deems the security given by the county treasurer insufficient to protect the funds and securities in his hands, and under his control, it must If |