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costs, and his liability to pay costs to the defendant, aro determined by the amount of the residue. 1 R. S. 554, & 23. $_736. Requiring admission of genuineness of paper
The attorney for a party may, at any time before the trial, exhibit to the attorney for the adverse party, & paper, material to the action, and request a written and. mission of its genuineness. If the admission is not given, within four days after the request, and the paper is proved or admitted on the trial, the expenses, incurred by the party exhibiting it, in order to prove ita genuineness, must be ascertained at the trial, and paid by the party refusing the admission; unless it appears, to the satisfaction of the court, that there was a good reagon for the refusal. Co. Proc., part of 388.
§ 736. Offer to liquidate damages conditionally.In an action to recover damages for breach of a contract, the defendant's attorney may, with the answer, servo upon the plaintiff's attorney, a written offer, that, if tho defendant fails in his defence, the damages may be de sossed at a specified sum. If the plaintiff serves notice, that be accepts the offer, with or before the notice of trial, and damages are awarded to him on the trial, they must be assessed accordingly. Id., 8 386. Lippmann v. Petersberger, 9 Abb. 209. $ 737. (Amended, 1877.] Effect of refusal of offer.
If the plaintiff does not accept the offer, he cannot prove it, upon the trial. But if the damages, awarded to him, do not exceed the sum offered, the defendant is entitled to recover the expenses, necessarily incurred by him in preparing for the trial of the question of damages. The expenses must be ascertained, and tho amount thereof determined by the judge, or the referee, by or before whom the cause is tried. Id., & 387. Dusenberry v. Woodward 1 Abb. 443.
$738. [Amended, 1877.] Defendant's offer to come promise ; proceedings thereon. - The defendant may, before the trial, serve upon the plaintiff's attorney, written offer, to allow judgment to be taken against him, for a sum, or property, or to the effect, therein specified, with costs. If there are two or more defend anto, and the action can be severod, a like offer may be
made by one or more defendants, against whom & 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 judgment 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 blo 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 Kow. 430; Lumbard o. Syracuse Street R. R. Co., 62 N. Y. 290 ; Bathgate v. Waskin, 63 id. *1; Johnston v. Catlin, 57 Id. 652; Sturgis v. Spotford, 58 id. 103; Mas. nin v. Dinsmore, 15 Abb. N. S. 331.
$739. (Amended, 1877.] Plaintiff's offer to com. promise counterclaim; proceedings thereon, — Where the defendant sets up a counterciaim, to an amount greater than the plaintiff?s claiin, 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 sun, with costs, or against the defendant for
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 accord. ingly. 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 costa from that time. Id., remainder of 8 385, am'd. S_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 andex thereto his affidavit, to the effect, that ho lo 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
744. General rules may regulate concerning payment into court.
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, 821 (2 Edm. 177).
$ 744. Comptroller of New York to supervise court funds.— The comptroller of the state of New. York shall supervise the administration of all the funds paid into any court of record, and shall prescribe regu. lations and rules for the care and disposition thereof, which shall be observed by all parties interested therein, unless the court having jurisdiction over the same, shall make different directions, by special order duly entered in accordance with section seven hundred and forty-seven of this act. [In effect May 17, 1892.]
$ 745. Money to be paid to county treasurer, and securities taken in his name.- Unless the court other. wise 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 Kule 82. See, alto, 2 B. S. 171, 172, part 3, ch. 1, tit. 2, 17, 18, and 24 ( Edm, 177, et seq.); also L. 1847, ch. 280, 871 (3 R. 8., 5th ed., 285; 4 Edm. 575).
$ 746. [Amended, 1892.] Comptroller to designate banks of deposit.-All funds or moneys paid into court shall be deposited in such savings bank, trust company, bank, banking association or with such banker, as shall be designated by the comptroller, as soon as received by the custodian thereof. But the money must be deposited in the county where the fund belongs, where it can be done conveniently and safely and with advantage to the parties interested. The depositaries designated shall pay a fair rate of interest and before receiving any such deposit shall give to the people of the state & good and sufficient bond with two or more sureties, in such form as the attorney-general shall prescribe, such bond to be approved by the county judge of the county in which such savings bank, bank, trust company,
bank association or banker shall be located, and by the comptroller of the state, and filed in the office of the comptroller. [In effect May 17, 1892.]
$ 747, Power of each court to direct payment or reinvestment of its funds.-Each court may direct that money paid into that court in any action or proceeding brought therein, or any bond, mortgage or other security which represents property belonging to any suit or party interested therein, may be paid out, transferred, invested, reinvested or deposited in any manner or form
that appears to it best for the interests of the owners thereof. But such directions must be embodied in an order or decree of said court, founded upon proper and sufficient evidence satisfactory to the court that such disposition of the property is best for the interests of the owners thereof or parties interested therein. [In effect May 17, 1892.]
$ 748, Application of preceding section. The pro visions of the last preceding section shall apply to all courts of record of the state. [In effect May 17, 1892.)
$ 749.* Powers of certain officers, touching securie ties etc. — A county treasurer, or other officer, or a guardian, cominittee, 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., 84, 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 suc. cessor in office. 2 R. S. 172, 27 26 and 27 (2 Edm. 178), consolidated and abridged.
$ 751. [Amended, 1892.] No money to be paid ex. cept on certified copy order.-No money, security or other property which shall have been placed in the cus.