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Session Laws, 1985
Volume 760, Page 2245   View pdf image
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HARRY HUGHES, Governor                                      2245

it in pursuance of an order of the circuit court for the county
sitting as a juvenile court.

(b)  If the person entitled to receive such monies shall be
unknown, or if his address is unknown or if he shall fail to
claim the monies to which he shall be entitled, it shall be kept
by the probation department in a special fund for a period of
ninety days from the date on which it was due. During such
period the probation department shall make every reasonable
effort to learn the identity of such person or to learn his
address, as the case may be, either by mail, personal inquiry, or
by any other reasonably possible means.

(c)  If at the end of the ninety-day period aforesaid, the
person entitled to receive the monies shall not have been
located, the probation department shall send a certified letter
via the United States post office department to the last known
address of such person, and a notice shall be published in two
newspapers published in and distributed throughout the county for
three successive days. This notice shall inform such person that
there is money in the possession of the probation department
belonging to such person and requiring him to claim such money
within thirty days from the publication of the notice.

(d)  If at the end of such period aforesaid, the person is
still unknown or unlocated, the probation department may apply to
the circuit court for the county sitting as an equity court for
an order declaring such monies to be forfeited and to be the
property of the county. The court shall determine upon inquiry
that all proper and reasonable effort has been made to ascertain
the name or address of the person, and if the court is satisfied
as to such determination it shall pass an order directing such
monies to be forfeited to and be the property of the county.

(e)  Such monies shall thereupon be paid into and be part of
the general funds of the county and may be expended for any
proper purpose thereof.

(f)  If within the further period of three years from the
time of such order of forfeiture any person shall appear before
the equity court and seek an order for the payment to him of such
monies, and if it shall appear to the court that such person is
the proper person to receive such monies and is the person whom
the probation department was not able to identify or locate, the
court by order shall direct the county to repay such monies to
such person, without interest.

(g)  Upon receiving any such order, the county shall provide
for the repayment of such monies, from its general funds. No
such order for repayment may be directed to the county after the
expiration of such further three-year period.]

[5-802.

 

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Session Laws, 1985
Volume 760, Page 2245   View pdf image
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