Morrison Waite

“ This suit was brought by Abraham Halsey, a citizen of California, to recover the amount due on 26 bonds, amounting in the aggregate, without interest, to $8,200, given by the inhabitants of the township of New Providence, New Jersey, for stock in the Passaic Valley & Peapack Railroad Company. It is conceded that Halsey holds in his own right but nine of the bonds, on which there is due, without interest, $900. The rest belong to citizens of New Jersey, who assigned them to him for collection only. ”

“ Offers of this kind, made out of court, cannot be considered by us. The offer should have been made in open court, and the court asked to act thereon after the township had been notified in due form to show cause against it. ”

“ The holder of the bonds had the right to rely thereon. For this reason I feel constrained to hold that bonds issued beyond the limit would be enforceable.' To this we agree, and it is conclusive as to the correctness of the ruling of the court below upon the third question presented. It follows that the judgment of the court below must be reversed.
A question was, however, raised at the argument as to costs. Annexed to the brief of counsel for the defendant in error is a copy of what purports to be an offer by the township to Halsey, after the decision of this court in Bernards Tp. v. ”