TITLE 3. TITLE III. Payment of money into court, and care and disposition thereof. TION 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. 747. Powers of supreme court as to transfer, etc., to and investment by 748. When other courts have like power. 749. Powers of certain officers, touching securities, etc. 750. Provisions 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. bringing court is discharged. not regulate concerning payment into court. county $743. A party bringing money into court, pursuant to the direction Party the court, is discharged thereby from all further liability, to the ex- money into it of the money so paid in. $744. The general rules of practice may contain regulations, con- General ning the payment of money into court, in an action, and the care rules may d disposition thereof, which shall govern, where provision is herwise made by law.. 8745. Unless the court otherwise specially directs, money, paid into Money to urt, must be paid, either directly, or by the officer who is required by be paid to w first to receive it, to the county treasurer of the county, where the treasurer, tion is triable. Where it is paid to an officer, other than the county and secueasurer, he must pay it to the county treasurer, within four days after in his receives it. In the city of New-York, he must pay it to the cham- name. rlain, within two days after he receives it. A bond, mortgage, or her security, or a certificate or transfer of stock, taken upon the instment of money paid into court, must be taken to the county trearer of the county where the fund belongs, in his name of office; or to ch other county treasurer, as the court specially directs. But this ad the next section do not prevent the court, upon the application of party to an action, from directing in what manner or place, money, Lid into court in the action, shall be deposited or invested. rities taken. how depos $746. Provision may be made, in the general rules of practice, for Funds; e deposit, in a bank or trust company, of money paid into court; for where and e investments thereof in the public debt of the United States, or of ited or inState, or for loaning it upon approved interest-bearing mortgages vested. pon real property; and for the transferring or disposing, from time to me, of the money, or any investment, or security. But the money Just be deposited or loaned in the county where the fund belongs, there that can be done conveniently and safely, and with advantage the parties interested. supreme etc., to and $747. The supreme court may direct that money, paid into that Powers of urt, in an action brought therein, or a bond, mortgage, or other secu- court as to , or public stock, in the possession or under the control of a county transfer, asurer, which represents money so paid in, be transferred and deliv- investment d to a general or special guardian, committee, or other trustee, upon by, etc. giving, or if he has given, security, satisfactory to the court, for the thful execution of his trust; or that a bond, mortgage, or other an, guardi TITLE 3. When other -courts have like power. Powers of -certain offi ties, etc. 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. § 748. 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. § 749. A county treasurer, or other officer, or a guardian, committee, cers, touch- or other trustee, in whose name is taken a bond, mortgage, or other ing securi- 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 character. Provision relating to death, re of officer. § 750. On the expiration of the official term of a county treasurer, or where a vacancy occurs in his office, by death or otherwise, all pubmoval,etc., lic 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. Authority for pay: ment of money by trust com bank or рану. How county treasurer to keep his accounts. County treasurer annually to the court. § 751. 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. § 752. 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. § 753. A county treasurer, who has, in his possession or under his to report 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. If the court, at any time, deems the security given by the county treasurer insufficient to protect CHAP. VIII.] DEATH, ETC., OR TRANSFER OF INTEREST. §§ 754-758. the funds and securities in his hands and under his control, it must make an order directing him to make the security satisfactory to the court. TITLE 4. visions ap to the § 754. Each provision of this title, relating to a county treasurer, These proapplies to the chamberlain of the city of New York, with respect to plicable in money paid into court, in an action triable in the city and county of New York New York, or with respect to money, or a bond, mortgage, or other chambersecurity, or public stock, representing money paid into court; except lain. where special provision, with respect to the same, is otherwise made by law. TITLE IV. Proceedings upon the death or disability of a party, or the transfer of his interest. SECTION 755. Action; when not to abate. 756. Proceedings upon transfer of interest, or devolution of liability. 758. Id.; when one of several parties dies. 759, 760. Id.; when part of cause of action survives. 762. Special cases excepted. 763. Death of party after verdict, etc. 764. Action for a wrong not to abate after verdict, etc. 765. No verdict, etc., can be taken after a party's death. Action; when not to abate. ings upon transfer of of liability. § 755. An action does not abate by any event, if the cause of action Proceedsurvives or continues. § 756. In case of a transfer of interest, or devoluation of liability, the interest, or action may be continued, by or against the original party; unless, the devolution court directs the person, to whom the interest is transferred, or upon whom the liability is devolved, to be substituted in the action, or Id.; when joined with the original party, as the case requires. $757. In case of the death of a sole plaintiff or defendant, if the cause of action survives or continues, the court must, upon a supplemental summons and complaint, or in its discretion, upon a motion, if made within one year after the decedent's death, in a proper case, allow or compel the action to be continued, by or against his represen- Id.; when tative, or successor in interest. solo party dies and action sur vives. one of several parties 8758. In case of the death of one of two or more plaintiffs, or one dies. §§ 759-765. TITLE 4. Id.; when part of cause of vives. DEATH, ETC., OR TRANSFER OF INTEREST. [CHAP. VIII. tative of the decedent, and against the surviving defendant or defendants, as the case requires. §759. In case of the death of one of two or more plaintiffs, or one of two or more defendants, if part only of the cause of action, or part action sur or some of two or more distinct causes of action, survives to or against the others, the action may proceed, without bringing in the successor to the rights or liabilities of the deceased party; and the judgment shall not affect him, or his interest in the subject of the action. But where it appears proper so to do, the court may require or to compel the successor, or a person who claims to be the successor, to be brought in as a party, upon his own application or upon the application of a party to the action. The same. When court may order action abated. Special cases ex cepted. Death of verdict, § 760. Where such a person applies in his own behalf, the court may direct that he be made a party, by admendment* of the pleadings, or otherwise, as the case requires. Where an application is made by the plaintiff, to bring in such a person as defendant, the court may direct that a supplemental summons issue, and that supplemental pleadings be made. Where an application is made by a defendant, to bring in such a person, the court may, and in proper case must, permit the defendant to commence a cross action for that purpose. The cross action must be brought in the same court, unless the order otherwise specially directs. If it directs that the action be commenced in another court, the latter court may, by order, at any time after the cross action is commenced, remove to itself the original action, with like effect as if it had been brought therein. Unless the court otherwise directs, the original action and the cross action must be tried, and judgment rendered therein, as if they were one action. § 761. At any time after the death of the plaintiff, or after the mar riage of the plaintiff, where it affects the rights of either party, the court may, in its discretion, upon notice to such persons as it directs and upon the application of the adverse party, or of a person whose interest is affected, direct that the action abate, unless it is continued by the proper parties, within a time specified in the order, not less than six months, nor more than one year, after the granting thereof. § 762. The foregoing provisions of this title do not apply to a case where special provision is otherwise made by law. § 763. If either party to an action dies, after an accepted offer t party after allow judgment to be taken, or after a verdict, report, or decision, an interlocutory judgment, but before final judgment is entered, th court must enter final judgment, in the names of the original parties etc. Action for a wrong not to abate after verdict, etc. No verdict, ment, is set aside. judg § 764. After verdict, report, or decision, in an action to recover dam ages for a personal injury, the action does not abate by the death of party, unless the verdict, report, or decision is finally set aside. Unt it is finally set aside, the subsequent proceedings, including an appe from an order setting it aside, or from a judgment or order reversin or setting aside a judgment entered thereupon, are the same, as in case where the cause of action survives. § 765. This title does not authorize the entry of a judgment again etc., can be a party, who dies before a verdict, report, or decision is actually re dered against him. In that case the verdict, report, or decision is abs lutely void. taken after a party's death. *So in the original. TITLE 5. Death, etc., officer or trustee. $766. Where an action or special proceeding is authorized or directed w, to be brought by or in the name of a public officer, or by a of public over, or other trustee, appointed by virtue of a statute, his death or oval does not abate the action or special proceeding; but the same be continued by his successor, who must, upon his application, or of party interested, be substituted for that purpose, by the order court, a copy of which must be annexed to the judgment-roll. Wednesday 126 TITLE V. Motions and orders generally. SECTION 767. Definition of an order. 768. Id.; of a motion. 769. Motions in supreme court; where to be heard. 770. Motions in New York city. 771. In absence of judge, motion may be transferred to another judge. 774. Review of order made by county judge. 775. When stay of proceedings not to exceed twenty days. 776. Subsequent application for order, after denial, etc., of prior applica tion. 777. Id.; as to application for judgment. 778. Penalty for violating last two sections. 779. Costs of a motion; how collected. § 767. A direction of a court or judge, made, as prescribed in this Definition act, in an action or special proceeding, must be in writing, unless of an order. otherwise specified in the particular case. Such a direction, unless it Id.; of a motion. court; is contained in a judgment, is an order. § 768. An application for an order is a motion. § 769. A motion, upon notice, in an action in the supreme court, Motions in must be made within the judicial district, in which the action is triable, supreme or in a county adjoining that in which it is triable; except that where where to be it is triable in the first judicial district;* and a motion, upon notice, heard. cannot be made in that district, in an action triable elsewhere. But this section does not apply to a case, where it is specially prescribed by law, that a motion may be made in the county, where the applicant, or other person to be affected thereby, or the attorney, resides. $770. In the first judicial district, a motion which elsewhere must Motions in be made in court, may be made to a judge out of court, except for a New York new trial on the merits. city. motion § 771. Where notice of a motion is given, or an order to show cause In absence returnable, before a judge, out of court, who, at the time fixed for of judge, the motion, is or will be absent, or unable, for any other cause, to hear may be the motion may be transferred, by his order, made before or at that transferred me, or by the written stipulation of the attorneys for the parties, to judge. Another judge, before whom it might have been originally made. Thus in the original: The words, "the motion must be made in that district," after the rds, “judicial district," were in the copy furnished by the chairman of the commission to ise the statutes, and were doubtless omifited in engrossing. to another |