The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1939-09-07
CHAPTER 1902


sentatiVes Of Persons. Firms or Cor
pOrations that have been or are II
me process Of Voluntary or InvOlGn
farv Liquidation Under the Laws o
this State" being Chapter 12035 Law
II Florida. approved June 4, 1927, ant
10 provide for Judicial Proceeding
70 Determine the Existence anC
Rights. il any. Of Claimants to Suci
Funds. and for Service of Process!
IN such Proceedings upon Unknown
Persons and Claimants. and Fur
taeT 20 Provide for the Disposition
Of such Funds.
BE- II Enacted by the Legislature O
The State of Florida:
Section J. That Section / of Chap
ter l20:sj. Laws of Florida, approved
June 4. 1927 entitled IAN Act Re
lating 70 the Disposition Of Cnclaim
I'D Funds IN the Hands of Receivers
or Other representatives of Persons
Firms or Corporations that have
Leen o. are in the Process of VOlun
fary or Involuntary Liquidation un-
der the laws Of. this State" be and
j. IS hereby amended so that as
amended il shall read as follows:
Sec l. In all cases where there
are unclaimed funds in the hands Of
"a receiver or trustee or a legal
representative Of a person or estate
81 a dead person or in the hands OF
Cne or more directors. officers,
agents. receivers or trustees of a
cOrpOration IN process Of voluntary
Or involuntary liquidation leach and
all II such receivers. trustees, rep
rrHentatives. directors officers and
agents being hereinafter sometimes
called or referred to as the nducI-
aryl. which funds cannot be dlstrIb-
utec or paid By the fiduciarY TO the
lawful owner by reason Of inability
20 hud the owner or claimant or to
determine his. her or its name or
residence or address. or because no
laWful owner or claimant is known
70 exist Such fiduciarY may file a
bail Of complaint in the Circuit Court
in Chancerv IN the county in which
such corporation had or maintained
SIS principal Office in the State OF
Florida or in which the person on
partnership resided or the estate OF
trust D. being administered. or where
the receiver or other fduciary was
appointed. against the person, part
nerGhiD. estate trust or corporation
I'D question and against all persons
and corporations known and un-
known who have or may have any
right title. interest, share or claim
ID OF lien upon such funds. to deter
mine the true and lawful owner or
owners. If any. of such fund. and
20 obtain a judicial decree authoriZ-
ing and directing such fiduciary to
paw such fund or any part of or
share IN such fund to the person or
corporation decTeed to be entitled
thereto. or TO make other disposition
thereof as provided by this act The
drfs ndants in any such action may
include anyone shown by the records
Of such cOrDoration partnership,
trust or estate in liquidation or for
any reason believed by the com
plainant. or his agent or attorney.
invalid. against such fund or any
20 have anv claim, whether valid or
part thereof or share therein, wheth-
er g. claimant be living or dead
ana known or unknown. and may al
50 include all persons claiming by,
through or under any such claim
ant all Of whom shall be bound by
the DEGREES of such court in such
proceedings. If il shall be alleged
al said bill Of complaint that the
complainant does not know and has
not been able to ascertain after a
reasonable investigation whether any
known person or corporation, belieV-
I'd by the complainant TO be inter
ested in or having a lien upon such
fund. or. If dead. to have been in
tereEted therein or to have a lien
thereon. Is alive or dead, he may
AltAAf NAtU ptl1Dll q uCltllUdHl by
name. and may also make the heirs,
deTisees. grantees and everyone
claiming by. through or under such
claimant parties defendant. In such
proceedings service of process per-
Eonallv or by publication may be had
upon all known defendants. includ-
ing minors and incompetent persons,
IN the same manner as provided by
law for service of process in suits
80 fsafr 90 COS "
be- made by publication upon UNI
known or unnamed owners or claim
ants and upon persons not known 10
be- living or dead and persons claim
inE under them in the manner pro
giCeG bY law with respect to service
of process in suits in chancery
against unknown persons. In every
such suit the procedure shall be the
same and the court shall have the
same jurisdiction and bowers as
under bills OF interpleader in equity.
Anyone having or claiming a share
or interest in such fund or title
thereto or a lien thereon NAV inter
we've in his own interest and become
a party defendant in the cause.
The Circuit Judge shall have the
power 10 determine the lawful own
er or owners. if any. and all liens
thereon and shares or interests
therein. and 10 decree the disposition
Of the fund and any and every
payment made BY the holder. de-
pusIt0rY. trustee or other fiduciary of
such fund To the 0erson or persons
or for the purposes directed by such
decree shall fully discharge such
owner. depository trustee or fiduCi-
arv- The court may by its decree
determine and direct payment out
of such fund of costs and expenses
az such suit. including reasonable
compensation for the services of the
complainant and his attorney in such
cause. If the court shall find and
ad Judge that the owner or lawful
claimant of such fund is not known
or cannot be found. II shall be the
duty Of the court TO direct that bal
ance Of such fund TO be paid TO the
state Treasurer upon his receipt
therefor which shall be filed in the
cause. Such receipt of the State
Treasurer. and other payment. il
any made under the decree shall be
q complete satisfaction and discharge
az all liability whatsoever of such
holder. depository. trustee or other
hduciary-
Sec. .. That Section of Captel
1905. Laws Of Florida, approved
June 4. 1927. entitled as aforesaid
be and il is hereby amended so tha
as amended il shall read as follows
Sec ?. II shall be the duty of tho
State Treasurer TO keep such fund:
m q separate account for period o.
FIVE wears. Al any time during sale
GVe wears any claimant shall have
the right 10 file his claim TO sale
fund or any part thereof in the cour
bv which such decree had been rem
dered. and If such claim be estab
lished the court shall enter its decree
directing the State Treasurer to pay
10 such claimant the amount of the
claim SO established. When any
claimant shall file such claim in th'
Circuit Court he shall at the sam'
time fle with the State Treasurer ;