Section 51-11-21. Tender of damages in tort action; effect of continuing tender

   A person committing a tort may, before or after an action is brought, tender to the person injured such an amount of damages as in his judgment will cover the injury; and, if the same shall be rejected, he may deposit the amount in the office of the clerk of the superior court of the county of his residence as a continuing tender; and, if the jury trying the cause shall give no more damages than the amount tendered, the plaintiff shall recover no costs accruing subsequently to the time of the tender.

Laws 1767, Cobb's 1851 Digest, p. 562; Code 1863, § 2988; Code 1868, § 3001; Code 1873, § 3056; Code 1882, § 3056; Civil Code 1895, § 3896; Civil Code 1910, § 4493; Code 1933, § 105-1903.