Superior Court Rules Table of Contents
60. In proper cases, the defendant may pay into Court any sum
of money which he admits to be due, accompanied by the general issue as to the
balance; and, if the plaintiff shall refuse to accept the same with his costs,
in full satisfaction of his claim, such sum shall be struck out of the
declaration; and unless the plaintiff shall prove that a larger sum be due him,
he shall have no costs, but the defendant shall be allowed costs from the time
of such payment.
61. When a sum of money shall be paid into Court accompanied
by a special plea, or when a set-off, counterclaim or recoupment shall be filed
and a sum of money paid into Court as the balance due the plaintiff, the costs
of the plaintiff up to that time shall also be paid into Court; and the
defendant, if he prevail, shall be allowed only his subsequent costs.