Section 55. Offer to pay money into court, or to deposit securities, in discharge of the lien  


Latest version.
  • At any time after an action is brought under  the
      provision  of  this  article, the owner may make and file with the clerk
      with whom the notice of lien is filed, if in a court of record,  and  if
      in a court not of record, with the court, an offer to pay into court the
      sum  of money stated therein, or to execute and deposit securities which
      he may describe, in discharge of the lien, and serve upon the  plaintiff
      a copy of such offer. If a written acceptance of the offer is filed with
      such  clerk,  or court, within ten days after its service, and a copy of
      the acceptance is served upon the party making  the  offer,  the  court,
      upon  proof  of  such  offer  and acceptance, may make an order, that on
      depositing with such clerk,  or  court,  the  sum  so  offered,  or  the
      securities  described,  the lien shall be discharged, and that the money
      or securities deposited shall take the place of the property upon  which
      the  lien  existed, and shall be subject to the lien. If the offer is of
      money only, the court, on application and notice to  the  plaintiff  may
      make  such  order, without the acceptance of the offer by the plaintiff.
      If such action is brought in a court not of record, such  order  may  be
      made by the county court of the county where such action is brought upon
      notice,  and  upon filing such order and depositing such sum of money or
      securities with the county clerk of  such  county,  he  shall  forthwith
      discharge  said notice of lien, by writing upon the margin of the record
      thereof,  the  words  "discharged  by  payment."  Money  or   securities
      deposited upon the acceptance of an offer pursuant to this section shall
      be  held  by the clerk or the court until the final determination of the
      action, including an appeal.