and Vice SEC. 6. Whenever the offices of President and Vice-Presi- In case of death dent of the United States shall both become vacant, it is hereby of President declared to be the duty of the Governor of the State for the President. time being, upon receiving a notification of such vacancy from the Secretary of State of the United States, or other proper officer, forthwith to issue his proclamation directing an election for Electors of President and Vice-President of the United States as herein prescribed for holding the regular and stated elections thereof; and the Electors elected under this section shall meet at the seat of government and discharge all and singular the duties enjoined on Electors of President and VicePresident of the United States by the Constitution and laws of the United States and of this State. (b) of electors. SEC. 7. Each and every Elector who shall attend as an Compensation Elector at the seat of government as aforesaid, shall be entitled to receive three dollars for each and every day's attendance, and ten cents for every mile of travel of the estimated distance by the most usual route from his place of residence to the seat of government, and the like sum for returning; which sum shall be allowed by the Comptroller, on the certificate of the Governor, and paid by the Treasurer out of any moneys in the treasury not otherwise appropriated. (b) CHAPTER 99. ESCHEATS. 1. Proceedings in cases of escheats for want of heirs; proceeds of sale of escheated property to be paid into State Treasury. 2. When and how real estate sold in certain cases of escheats. 3. Manner of making each sale; proceeds of sale to be paid into State Treasury. value of derelict property exceeds 8. Duty of State Attorney when 9. Fees of Sheriffs and State Attorneys. 10. When and to whom Sheriff's to make returns as to moneys re 4. If heirs appear, money to be ceived under this law. paid over by order of court. 5. Duty of sheriff in cases of escheats, or of wrecked or derelict property. 6. Duty of Commissioner of Lands and Immigration as to same property. 11. When to pay over the money; penalty for failure to do so; official bond may be sued on. 12. Duty of County Judge as to wrecked, derelict goods; to order Sheriff to sell; notice to be given. 13. Amount of salvage; how as 7. Manner of proceeding when certained and paid. (b) Secs. 11 and 12, Chap. 71, Act of Jan. 6, 1847. Escheat for defect of heirs. To be paid into the treasury. Real estate to be sold after two years. 14. Compensation to be paid County Judge and Sheriff; balance to be paid into Treasury; when and how. 15. Penalty for failure to comply with the provisions of this law; fines, to whom paid. SECTION 1. It shall be the duty of every administrator, immediately on taking out letters of administration on any estate, where it is generally believed and reported that the deceased left no lawful heirs, to cause to be published a notice in some newspaper printed in the State for six weeks, containing the name of the intestate, and as near as may be, a description of his person, and of the place where he died, or was known to reside, and also a statement of the appraised amount of his estate; and it shall be the duty of such administrator, after the expiration of one year from the time of taking out letters of administration, if no heir or legal representative shall appear, to pay into the treasury of the State, under the direction of the Judge of the County Court where letters of administration shall have been granted, all the proceeds of the personal estate of such intestate, retaining ten per cent. for his personal trouble in administering said estate, together with all actual disbursements by him necessarily made in and about the administering of said estate; and it shall be the duty of said court, in directing the proceeds of said estate to be paid into the State treasury, on payment of the same, to cause an entry to be made of record, specifying the amount so paid into the treasury, and also the name of the intestate and of the administrator, together with a copy of the notice published as hereinbefore directed; and the said court shall thereupon discharge such administrator of the amount so paid, together with the ten per cent. allowed him, and the necessary disbursements as aforesaid. (a) SEC. 2. When any intestate shall have died seized or possessed of any real estate in this State, it shall be the duty of such administrator, at the expiration of two years, if no heir or legal representative shall appear, to apply to the County Court where such estate may lie, for an order for the sale of such estate; and upon the production by the administrator of the letters of administration, and a copy of the notice published as herein directed, together with a certificate from the court from whence said letters of administration issued, under the seal of said court, (if any other than the court from whence said letters of administration issued,) certifying that the said estate is such as comes within the purview of the law of escheat, to order the sale of such real estate to be made on some day of a suceeeding term of said court, at the court-house door, after advertising said sale in some public newspaper printed in this State, and for at least three weeks next preceding the day of sale, and posting up said advertisement for the same space of time at the court-house door. (a) (a) Secs. 42 and 43, Act of Nov. 20, 1828. SEC. 3. On the sale of such estate as aforesaid, it shall be the Sales-how duty of such administrator to give a credit of one year to the to be made. purchaser, who shall be the highest bidder, upon such purchaser giving bond with security approved by the administrator for the payment of the purchase money; and it shall be the further duty of such administrator, upon the sale of such estate, to execute to the purchaser a deed conveying all the right, title, and interest which said intestate had in said estate, which deed shall be acknowledged before the County Court of the county where the estate shall lie; and it shall be the further duty of such administrator to pay into the State treasury all the proceeds by him received on the sale of such estate, in the same manner as directed in the first section of this chapter, retaining for his trouble the same compensation as therein allowed on the whole proceeds of such sale, together with all necessary disbursements by him actually made in and about the selling of such estate: Provided, That no administrator on said estate shall, either directly or indirectly, become the purchaser of the whole or any part of the lands or tenements sold by virtue of this section; and when the said administrator shall give a deed for said lands so sold, he shall make oath or affirmation that he is neither directly nor indirectly interested in the purchase of said land or tenements, or any part thereof. (a) and SEC. 4. If any heir or legal representative of any intestate In case heir apshall appear and prove his right to the estate, after the pay-makes claim. ment of the proceeds thereof into the State treasury, as aforesaid, the court shall order the money so paid into the treasury forthwith to be reimbursed to said heir or legal representative out of the State treasury. (b) Sheriff. SEC. 5. It shall be the duty of the sheriffs of the several Duty of counties in the State to ascertain the nature, situation and amount of all estates, real or personal, which have escheated or reverted, or may hereafter escheat or revert to the school fund, on account of the defect of heirs or next of kin, and of all property found on the coast or shores of the State, or brought into the State or its ports as wreck or derelict of the seas, in the sense of maritime law, and for which no owner shall appear and establish his claim within a year and a day, and report the same without delay to the Commissioner of Lands and Immigration. (c) missioner of SEC. 6. It shall be the duty of the Commissioner, when the Duty of Comestate mentioned shall be other than money, to require the Lands and sheriff to dispose of the same in such manner as may be Immigration. thought expedient by the Commissioner; the sale of lands, however, to be made subject to all the rules, regulations and restrictions which are now, or may be hereafter imposed upon the sale of seminary lands. (c) SEC. 7. In all cases of derelict property brought into the (a) Sec. 44, Act of Nov. 20, 1828. (b) Sec. 45, Act of Nov. 20, 1828. (c) Secs. 1 and 2, Chap. 344, Act of Dec. 23, 1850, as amended by Chap. 1727, Act of Derelict property. Salvage. Duty of State Compensation. Sheriff to make return. When to pay over money. County Judge State or its ports, and for which no owner shall appear and establish his or their claim, when the amount shall be less than five hundred dollars, the sheriff shall, in order to determine the quantum of salvage to be paid to the salvors, refer the same to two arbitrators to be chosen, one on the part of the State, the other on the part of the salvors, and should they be unable to agree they shall have power to select an umpire. (d) SEC. 8. Whenever any property is ascertained to rightfully belong to the school fund, and the person in possession refuses to give it up to the sheriff on demand, it shall be the duty of the State Attorney of the Circuit in which the property is situated, when required to do so by the Commissioner, to enter a suit for said property, and prosecute the same to a final recovery; all money derived from these sources to be paid by the sheriff to the Commissioner, to be paid by him into the treasury of the State. (d) SEC. 9. For services rendered by the sheriff, in accordance with the provisions of Sections 5, 6 and 7 of this Chapter, he shall receive from the Treasurer, on the warrant of the Comptroller, two and a half per cent. on the net proceeds of the amount paid into the treasury, after the payment of all expenses; and that the State Attorney shall receive two and a half per cent. on the amount recovered by means of services rendered by him, in accordance with the provisions of Section eight of this Chapter. (e) SEC. 10. It shall be the duty of the sheriff to place in the hands of the county superintendent, within one month of the time at which any money is received, a statement of the amount of money received by him, the time at which and the source from which said money was received; which statement shall be kept by the county superintendent, and a copy thereof forwarded, without unnecessary delay, to the State Superintendent. (e) SEC. 11. It shall be the duty of the sheriff to pay over such money as may come into his possession in the performance of the duty herein required of him, within one month of the time in which he receives said money; and on failure so to do, the said sheriff shall pay interest on said money at the rate of twelve per cent. per annum from the time it becomes due to the school fund until paid, and shall also be liable on his bond for double the amount withheld and it shall be the duty of the State Attorney to sue upon his bond, upon the request of the Commissioner of Lands and Immigration so to do." (e) SEC. 12. Whenever any wrecked derelict goods shall be found in any county of this State, it shall be the duty of the County Judge for said county to ascertain the amount and situation of the same, and by his written order cause the sheriff of said county to take charge thereof, and to sell (d) Secs. 3 and 4, Chap. 344, Act of Dec. 23, 1850. (e) Secs. 5, 6 and 7, Chap. 344, Act of Dec. 23, 1850. the same at public outcry, after giving reasonable public notice of the time and place of such sale. (ƒ) person finding, tained. SEC. 13. In order to ascertain the quantum of salvage to be Quantum of salpaid to the person or persons finding and reporting such age be paid wrecked derelict goods, the said County Judge shall appoint how ascer two discreet citizens of said county as arbitrators, who shall be authorized, in case of disagreement, to select an umpire, who shall determine the quantum of salvage, not to exceed one-half the proceeds of such goods, to be paid to the salvors or persons finding and reporting such goods; and the said County Judge shall draw his order upon the sheriff, who shall pay the same, for the amount so awarded in favor of the said salvors. (f) How paid. SEC. 14. It shall be the duty of said sheriff to hold the bal-Compensation to Judge and ance of the procceds of such sale, after paying to the County Sheriff. Judge one per centum of the said balance for his services, and retaining two and one-half per centum of the gross amount of said sale for his commissions, for the term of one year and a day, unless the same shall be claimed, and the said claim or claims established within said period, and after the lapse of balance to be said period it shall be the duty of said sheriff to pay the same ury of School over to the Commissioner of Lands and Immigration, to be Fund. by him paid into the treasury to the school fund. (ƒ) Unless claimed within one year paid into treas wrecked or for not report SEC. 15. Any person finding wrecked or derelict goods in any Fine against county of this State, who shall fail to report the same to the person finding County Judge for the county wherein the same may be found, derelict goods shall, upon conviction thereof, before any Justice of the Peace ing same to or Circuit Court of this State, be fined in the sum of double County Judge. the amount of the goods so found, one-half of which shall be paid to the party or parties informing, and the balance to be To whom paid. paid to the Commissioner of Lands and Immigration, to be by him paid into the treasury to the school fund. (ƒ) 4. Estrays must be advertised; Court. (f) Secs. 1, 2, 3 and 4, Chap. 1005, Act of Dec. 22, 1859, as amended by Chap. 1727, Act of June 23, 1869. |