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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 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 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 . Syracuse Street R. R. Co., 62 N. Y. 290; Bathgate v. Haskin, 63 id. 261; Johnston v. Catlin, 57 1d. 652; Sturgis v. Spofford, 58 id. 103; Magnin 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 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. If 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.
Id., 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.
§ 741. [Repealed, 1877.] § 742. [Repealed, 1877.]
Payment of money into court, and care and disposition
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.
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. 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 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 82. See, also, 2 R. S. 171, 172, part 3, ch. 1, tit. 2, 17, 18, and 24 (3 Edm. 177, et seq.); also L. 1847, ch. 280, 71 (3 B. S., 5th ed., 285; 4 Edm. 675).
§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 a 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 secu rity 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.]
S748. 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, 1893.)
§ 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 rela tion 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 suc cessor in office.
2 R. S. 172, 26 and 27 (2 Edm. 178), consolidated and abridged.
§ 751. [Amended, 1892.] No money to be paid except on certified copy order.-No money, security or other property which shall have been placed in the cus
tody of the court shall be surrendered without the production of a properly certified copy of an order of the court, in whose custody said money, security or other property shall have been placed, duly made and entered, directing such disposition. Each order must be countersigned by the presiding judge by whose direction it is made. [In effect May 17, 1892.]
§ 752. [Amended, 1892.] Custodian's books of ac count. Every officer having charge of moneys, securities or other property in the custody of the court, shall keep a book or books in which he shall make an exact account thereof. Such book or books shall state the name of the court, the title of the case, the date of receipt, from whom received, the amount of money, if any, and a description of the securities or other property received, if any, and each addition of interest; also the date and description of each order for payment and the dates and amounts of payments thereunder and to whom paid; also an account of each change of investment, if any. The provisions of this section shall also apply to all banks or trust companies holding any of the funds referred to in this title. [In effect May 17, 1892.]
753. [Amended, 1892.] Annual report by custodian of funds.--Every treasurer or financial officer who has in charge or possession or under his control, money, bonds, stocks, mortgages or any other securities or property as prescribed in this title, must, once in each year, make a report to the comptroller at the time and in the form and manner which he may prescribe, containing a true statement of his accounts for the preceding year or from the time of the last report. This report must be verified by the oath of such officer, and must be accompanied by the certificate of the proper officer of each bank or trust company, stating the exact amount on deposit with such corporation to the credit of each case separately. Such officer or bank or trust company shall furnish any additional report to the