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To pay into the
Treasury.

Auditor may remove agent.

If legacy is not

claimed in eight

years, to be paid

to the agent for

use of the Treas

ury.

Prepared by the agent.

6. He shall also pay all money into the public Treasury which comes to his hands as agent.

Allowance.

§ 2. The Auditor may, at any time, remove an agent and appoint another, or fill any vacancy in that office.

§3. If any devisee or his heirs, devisee, or distributee, or any heir or distributee of the testator, has failed, or shall hereafter fail, for eight years, to claim his legacy, as provided for in the second section of article one of this chapter, the personal representatives of such testator, or other person having the same in possession, shall, after deducting the legal liabilities thereon, pay and deliver over such legacy, whether the same be real or personal estate, and the net profits thereof, to the agent of the Commonwealth for the use of the Treasury.

I R. S., 460.
Auditor to report

to General As to the General Assembly.

sembly.

ARTICLE III.

Money to be paid into the Treasury.

§ 1. The returns made to the Auditor by personal representatives and agents shall be, biennially, reported by him

stitute suits.

§ 2. Suits in the name of the Commonwealth, to settle or Auditor may in- recover such estates, against any person in possession of, or accountable for, the same, may be instituted by the direction of the Auditor.

1. Such suits shall be prepared by the agent of the Commonwealth.

2. No agent shall be allowed more than five per cent. for his whole attention to any estate.

sold.

3. Lands or other property to which the Commonwealth Property may be may be entitled under the first three articles of this chapter, by the owner dying intestate, may be sold on a reasonable credit, at any time, by the agent of the Commonwealth, in pursuance to the written directions of the Auditor. Upon the production of such directions by the agent, the personal representative, or other person having such estate in possession or under his control, shall surrender the same to such agent.

§ 4. The Auditor, after the purchase money for any land Auditor to con- so sold is paid into the Treasury, shall convey the title of the

vey title.

Commonwealth therein to the purchaser or his assignee, his heirs or devisees.

ARTICLE IV.

Escheators to be Appointed.

1. The Governor shall appoint an escheator in each county, who shall hold his office for four years, or until removed, or a successor is appointed and qualified.

R. S., 461.

Governor to ap

point escheator.

1. He shall, before he enters on the duties of his office, To give bond. give an obligation in the county court of the county for which he is appointed, with good surety, payable to the Commonwealth, for the faithful discharge of the duties of his office; a certified copy of which shall be sent by the clerk of the court to the Auditor.

2. He shall execute the duties of his office in person, and To act in person. not by deputy.

3. He may be removed from office by the Governor for May be removed. misbehavior, neglect of duty, or incapacity.

quest.

§ 2. No escheator shall hold an inquest in any case em- When to hold inbraced in the three preceding articles. He shall hold an inquest in all other cases embraced by the laws of escheat which have occurred where none has been holden, and in all cases which shall hereafter occur.

§ 3. An escheator shall sit in public places.

Shall sit in public places.

1. He shall give notice, posted on the court-house door Shall give notice. of the county thirty days, of the time and place of taking

an inquest.

jury.

2. He shall cause the sheriff to empannel a jury of free- To empannel a holders of the county, to convene at the time and place designated, who shall be sworn by the escheator to find and return a true inquest.

trial.

3. The escheator shall preside on the trial, keep order, To preside at the and decide questions of law.

4. Evidence shall be heard touching the matters under Evidence. investigation.

turn.

5. When the inquest is ended and verdict made up, each Verdict and remember of the jury shall sign the same. It must be countersigned by the escheator, and returned by him, within thirty days, to the clerk of the county court.

may petition court.

4. When the verdict on such inquest shall be for the Claimant Commonwealth, any person claiming an interest, legal or equitable, in the land, may, before the sale thereof, petition. the circuit court for redress.

1. To which the escheator shall be a defendant, and shall Escheator to defile an answer stating the objections to the claim.

fend.

2. The court shall decide the cause, but may, at the re

Court to decide. quest of either party, empannel a jury to try the facts. § 5. Each party shall be entitled to the appropriate process to coerce the attendance of witnesses on the inquest or upon the trial in court.

§6. Pending the petition, the court may commit the lands, Pending suit land or a part thereof, to the claimant, on his giving an obliga

may be commit

ted to claimant.

tion, with good surety, to take proper care thereof, and to pay the Commonwealth the rents and profits of the same if the right be found for her.

I. If not so committed, the lands shall remain under the

Or remain under control of the escheator, who shall be answerable for rents

the control of the escheator.

1 R. S., 462. Witnesses erced.

CO

and profits to the claimant or the Commonwealth, as the right may be determined.

lect and account for rents.

2. The escheator shall, each year, collect and return a Escheator to col- statement to the Auditor of Public Accounts of the rents received by him, and for what land, and pay the same into the Treasury, except when a claimant shall be successful, deducting from such receipts five per centum for his services. 7. The finding of an inquisition in behalf of the ComInquisition not to monwealth shall not affect the right of any person who is

affect the right of any person.

entitled to any term or interest in the freehold or estate so found to be escheated, or has any rent, right of common, or any other profit issuing out of the same. But such person shall hold and enjoy his lease, interest, rent, common, or profit, whether the same is or not found in the inquisition. § 8. If an inquest be found against the Commonwealth, may the escheator may traverse the finding, and have it re-tried in the circuit court. Where the inquest is decided against the Commonwealth, it shall not be evidence as between the heirs of the person dying seized, on a question of heirship.

Escheator traverse finding.

ARTICLE V.

Lands to be Reported to the Auditor.

1 R. S., 463.

Lands escheated to be reported to

§ 1. Every escheator shall, within sixty days after office found for the Commonwealth, transmit to the Auditor of Public Accounts a statement showing the number of tracts Auditor in sixty of land or town lots escheated, the reputed quantity of each

Cays.

parcel, the county or town in which it lies, and the name of the person from whom the land escheated.

1. The Auditor shall forthwith cause such statement to be

To be published. published four weeks in a public journal, printed at the seat

of government.

To be sold if not

claimed in six

months.

2. If no person makes claim to the lands within six months from the finding of the inquest, or if any claim be so made and found against the claimant, the escheator shall sell the same at public sale to the highest bidder, on a reasonable credit, giving proper notice thereof, and taking good security for the payment of the sale money.

3. The escheator shall certify the amount of the sale, and Sale to be certireturn the sale bond to the Auditor of Public Accounts.

fied and bond returned.

con

vey.

4. When the amount of the bonds is paid into the public Auditor to Treasury, the Auditor shall, on behalf of the Commonwealth, make the purchaser a deed for the land.

5. Escheators shall be allowed five per centum on the Five per cent. alamount of all sales of lands made, or rents received by them, to be paid when the proceeds are realized by the Treasury.

time to sell al

§ 2. If, under any treaty between the United States and Aliens, when any foreign country, time is allowed a citizen or subject of lowed by treaty. such country to sell lands escheated, the same shall not be sold by the escheator, unless such citizen or subject shall fail to sell the land within the prescribed period.

3. Any escheator failing to comply with any of the Failure of duty requisitions of this chapter shall be fined one hundred dollars, upon indictment in the Franklin circuit court.

or mortgage.

§ 4. Estates held in trust or by mortgage shall not escheat Estates in trust or be forfeited by reason of the trustee or mortgagee being an alien, or of his dying without heirs. But any equitable Equitable title. title to lands shall escheat or be forfeited, so far as it would

if the person having the equitable had the legal title.

5. Lands which escheat shall nevertheless be subject to Lands subject to the debts of the person dying seized.

debt.

1. Any creditor of such person may file his procedure in Creditor's claim. equity to recover such debt in the circuit court of the county in which the inquest is returned, verified by affidavit, and make the escheator a party defendant thereto.

2. The escheator may contest the claims.

May contest.

of proceeds.

3. If the court shall decree that any part of the debt is Just debt paid out justly owing, it shall be paid out of the proceeds of the lands, in whosesoever hands it may be.

4. The escheator shall not be liable for costs in such suit. 5. The remedy given in this section shall obtain and apply to cases of escheat under the first and second articles of this chapter.

Escheator not to

pay costs.

when remedy ap

plies.

Auditor may emrecover escheated

ploy attorney to

property.

§ 6. The net proceeds of any estate embraced in this chapter, which may be paid into the Treasury, shall be reimimbursed to own-bursed to the proper owner, who had not before asserted

1 R. S., 464.

Net proceeds re

er.

claim thereto by petition or otherwise, upon his producing to the Auditor evidence of the justice of his claim, certified to be competent by a majority of the judges of the Court of Appeals. In such cases the Attorney General, if he deem it proper, shall be allowed time to adduce countervailing evidence before such certificate is given.

§ 7. An attorney at law may be employed by the Auditor, with the approval of the Attorney General, to attend to claims of the Commonwealth for recovery of escheated property. The compensation of such attorney shall always be fixed by written contract, indorsed "approved" by the Gov

ernor.

§ 8. If, in the opinion of the Auditor, the services of an agent, in respect of escheated property, deserves a greater compensation than five per cent. on the amount collected, he may increase the same to an amount not greater than ten per cent.

1 R. S., 465. Agent's allowance increased.

CHAPTER 37.

EVIDENCE.

Of what Courts shall take judicial notice as evidence-Copies from journals, records, etc. Records may be rebound and transcribed-Who competent to

testify.

1. The several courts of this Commonwealth shall take

1 R. S., 465-6. judicial notice of all acts and resolutions of the General As

Acts of General
Assembly.

sembly.(a)

§ 2. All courts, tribunals, and officers, shall take notice Official signature of the official signature of any officer of this State, of the United States, or of any State or Territory in the United States.

§ 3. Copies of the journal of either House of the General Copies of jour Assembly, printed by the Public Printer, shall be received as

nals of General Assembly.

evidence, for any purpose for which the original journal could be received.

(a) Although a private act may not be read in evidence, yet if it manifestly appear that it was relied on in the court below, the Court of Appeals will take judicial notice of it. (Lackey vs. Richmond and Lancaster Turnpike Company, 17 B. M., 47.)

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