Page:United States Statutes at Large Volume 76A.djvu/669

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

–573–

-573§ 613. Description of property The petition referred to in section 612 of this title shall set forth: (1) a description of the property; (2) the name of the person last possessed of the property; (3) the name of the person, if any, claiming the property, or any portion thereof; and (4) the facts and circumstances by virtue of which it is claimed that the property has escheated. § 614. Order requiring interested parties to appear Upon the filing of the petition specified by section 612 of this title, the court shall order all persons interested in the estate to appear and show cause, if any there be, within 60 days from the date of the order, why the estate should not vest in the United States. The clerk of the court shall cause notice of the order to be posted in three public places in the Canal Zone for four successive weeks prior to the date set for the hearing. Upon the giving of the notice the court shall have complete jurisdiction over the estate, the property, and the person of everyone having or claiming an interest in the property, and shall have complete jurisdiction to hear and determine the issues therein, and render the appropriate judgment thereon. § 615. Custody of property The property in estates specified by sections 612-614 of this title shall, in the discretion of the court, be sold in the manner provided by Part 3 of this title for the sale of property of a decedent's estate, and the proceeds deposited with the Canal Zone Government, to be held for a period of five years from the date of the judgment pursuant to section 617 of this title. § 616. Joinder of parties and actions In a proceeding brought by the United States attorney pursuant to this chapter any two or more causes of action may be joined in the same iroceeding and in the same petition without being separately stated, t is 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 the proceeding, or in any proceeding for the administration of the estate, is sufficient proof upon which to base the judgment in the proceeding or the decree of distribution. § 617. Appearance, pleadings, and judgment Persons named in the petition specified by section 612 of this title may appear and answer, and traverse or deny the facts stated therein at any time before the time for answering expires. Any other person claiming an interest in the estate may appear and be made a defendant, by motion for that purpose in open court within the time allowed for answering. If no person appears and answers within the time, judgment shall be rendered that the United States is the owner of the property claimed in the petition. If a person appears and denies the title set up by the United States, or traverses a material fact set forth in the p>etition, the issue of fact shall be tried as issues of fact are tried in civil actions. If, after the issues are tried, it appears from the facts found or admitted that the United States has good title to the property in the petition mentioned, or any part thereof, judgment shall be rendered that the United States is the owner and entitled to the possession thereof.

f