Page:United States Statutes at Large Volume 47 Part 1.djvu/1044

 10 20 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . of the Civil Code, or if any person dies leaving any property in his estate not disposed of by will, and there are no persons entitled to succeed thereto under the laws of the Canal Zone, the same shall escheat to the United States. Action to determine SEC. 649. AC TION TO DETERMINE RIGHT OF UNITED STATES TO t r of o property tad States ESCHEATED P R O P ER T Y .-When ever the district attorn ey is informed that any estate has escheated or is about to escheat to the United Sta tes o r that the prope rty i nvolve d in any a ction or sp ecial pro- ceeding has escheated or is about to escheat to the United States, he may commence an action on behalf of the United States to deter- mine its rig hts to said property or may intervene on its beh alf in any action or special proceeding affecting any such estate and contest the rights of any claimant or claimants thereto. Such action shall be commenced by filing a,,~etition. Description. DESCRIPTION OF PROPERTY.--There shall be set forth in such peti- tion a descripti on of the property, the name of the person last possessed thereof, the name of the person, if any, claiming such property, or any portion thereof, and the facts and circumstances by virtue of which it is claimed the property has escheated. Order requiring ap- ORDER REQUIRING INTER ESTED PARTIES T O APPEAR.-Upon the filing partiesoissue. interested ~d of such petition, the court must make an order reqiring all per- sons interested in the estate to appear and show cause, if any' there be, within sixty days from the date of the order, why such estate should not ve st in the United States. Notice of such order muss be given by posting in three public places in the Canal Zone foi four successive weeks prior to the date set for the hearing. Upoi the giving of such notice the court shall have full and complet, jurisdiction over the estate, the property, and the person of every one having or claiming any interest in the said property, and shal ha ve full and complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon. Custody of property. CUSTODY OF SUCH PROP ERTY .-Tie prope rty i n such esta tes s hall, in the discretion of the court, be sold in the manner provided in chapters 23 to 36 for the sale of property of a decedent's estate, and the proceeds deposited with the collector of the Panama Canal, to be held for a period of fi ve years from the date of the judgment under section 650. Joinder ofparties and JOINDER OF PARTIES AND ACTIONS .-In any proceeding brought by actions. the district attorney under this title any two or more causes of action may be joined in the same roceedings and in the same petition with- out being separately state and it shall be sufficient to allege in the petition that the decedent left no heirs to take the estate and the failure of the heirs to appear and set up their claims .in any such proceeding, or in any proceeding for the admi nistration of such estate, shall be sufficient proof upon which to base the judgment in an su ch pr oceedi ng or such decr ee of distr ibuti on. Appearance, plead- ,'EC. 650. APPEARAN CE, PLEAD INGS, AND JUDGMENT. -A l l persons ings, and ;u ag ma nt, named in the petition may appear and answer, and traverse or deny the f acts stated ther ein a t any time befor e the time for a nswer ing expires, and an y other p erson cl aiming a n intere st in su ch estat e may appear and be made a defendant, by motion for that purpose in open court within the time allowed for answering, and if no su ch person appears and answers within the time, then judgment must be rendered that the United States is the ' wnir of the property in such petition claimed ; denial tit salt upo by Uniti But if any person appears and denies the title set up by the United States. States, or trav erses any materia l fact s et forth in the petition, the issue of fact must be tried as issues of fact are tried in civil actions.