the risk of the plaintiff, and shall so remain until the amount of compensation or damages is finally settled by judicial determination, and until the court awards the money, or such part thereof as shall be determined upon, to the defendant, or until he is authorized or required by rule of court to disburse it. If for any reason the money shall at any time be lost, or otherwise abstracted, or withdrawn, through no fault of the defendant, the court shall require the plaintiff to make and keep the same good at all times until the litigation is finally brought to an end, and until paid over, or made payable to the defendant, by order of the court, as above provided, and until such time or times, the clerk of the court shall be deemed to be the custodian of the money and shall be liable to the plaintiff upon his official bond for the same, or any part thereof, in case it be by any reason lost, or otherwise abstracted, or withdrawn. The court may order the money to be deposited in the Territorial Treasury and in such case it shall be the duty of the Territorial Treasurer to receive all such moneys, duly receipt for and safely keep the same in a special fund, to be entered on his books as a condemnation fund for such purpose, and for such duty he shall be liable to plaintiff upon his official bond. The Territorial Treasurer shall pay out such money so deposited in such manner and at such time as the court, or the judge thereof, may, by order or decree, direct.
Nothing in this section contained shall operate to prevent the parties in interest entering into stipulation fixing the amount of deposit, or from accepting an undertaking from the plaintiff in such amount and form as may be agreed upon between the parties, upon which an order for possession and use, pending trial, may be based. But no such agreement, or stipulation, or evidence of such deposit shall be allowed to be introduced in evidence, or used to the prejudice of any
