Public Law 74–46

That if a person

District of Columbia.

Settlement of estates of absentees and absconders.

Petition; filing.

entitled to or having an interest in property in the District of Columbia has disappeared or absconded from the District of Columbia, and it is not known where he is, or if such person, having a wife or minor child, dependent to any extent upon him for support, has disappeared or absconded without making sufficient provision for such support, and it is not known where he is, or if his whereabouts is known and he has been without the District of Columbia continuously for two years or longer, anyone who would under the law of the District of Columbia be entitled to administer upon the estate of such absentee if he were deceased, or if no one is known to be so entitled, any suitable person, or such wife, or someone in her or such minor’s behalf,

Contents.

may file a petition under oath in the Supreme Court of the District of Columbia, sitting in equity, stating the name, age, occupation, and last known residence or address of such absentee, the date and circumstances of the disappearance or absconding, and the names and residence of other persons, whether members of such absentee’s family or otherwise, of whom inquiry may be made, and containing a schedule of his property, real and personal, so far as known, within

Schedule of property.

the District of Columbia, and praying that such property may be taken possession of and a receiver thereof appointed under the provisions of this Act. The United States attorney in and for the

Notice to United States attorney for District.

District of Columbia shall be made a party to every such petition and shall be given due notice of all subsequent proceedings under this law.

Sec. 2.

The court may thereupon issue a warrant directed to the

Warrant; issue of.

United States marshal in and for the District of Columbia, commanding him to take possession of the property named in said schedule and hold it subject to the order of the court and make return of

Return of.

said warrant as soon as may be, with a statement of his actions thereon and a schedule of the property so taken. The marshal shall

Posting and recording.

post a copy of the warrant upon each parcel of land named in the schedule and cause so much of the warrant as relates to land to be recorded with the recorder of deeds of the District of Columbia. He shall receive such fees for serving the warrant as the court allows,

Fees of marshal.

but not more than those established by law for similar service upon a writ of attachment. If the petition is dismissed, said fees and

Costs.

the cost of publishing and serving the notice hereinafter provided shall be paid by the petitioner; but if a receiver is appointed, they shall be paid by the receiver and allowed in his account.

Sec. 3.

Upon the return of such warrant, the court may issue a

Notice to interested parties.

notice reciting the substance of the petition, the warrant, and the marshal’s return, which shall be addressed to such absentee and to all persons who claim of record an interest in said property, or who are known to petitioner to claim an interest in said property, and to all whom it may concern, citing them to appear at a time and place named and show cause why a receiver of the property named in the marshal’s schedule should not be appointed and said property held and disposed of under the provisions of this Act.

Sec. 4.

The return day of said notice shall be not less than thirty nor more than sixty days after its date unless otherwise ordered by

Publication of.

the court. The court shall order said notice to be published not less than once in each of three successive weeks in one or more newspapers within the District of Columbia, and a copy to be posted in a conspicuous place and upon each parcel of land named in the marshal’s schedule, and a copy to be mailed to the last known address of such absentee. The court may order other and further notice to be given within or without the District of Columbia.

Sec. 5.

The absentee or any person who claims an interest in any of the property may appear and show cause why the prayer of the petition should not be granted. The court may after hearing dismiss the petition and order the property in possession of the marshal to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the marshal and named

If receiver appointed.

in his schedule. If a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee;

Bond.

and such receiver shall give bond to said court in such sum and with such condition as the court orders, with a corporate surety thereon approved by the court.

Sec. 6.

After the approval of such bond the court may order the marshal to transfer and deliver to such receiver the possession of the property under the aforesaid warrant, and the receiver shall file in said court a schedule of the property received by him.

Sec. 7.

Such receiver upon petition filed by him may be authorized and directed by the court to take possession of any additional property within the District of Columbia which belongs to such absentee and to demand and collect all debts due such absentee from any person within the District of Columbia, and hold the same as if it had been transferred and delivered to him by the marshal.

Sec. 8.

If such absentee has left no corporeal property within the District of Columbia, but there are debts and obligations due or owing to him from persons within the District of Columbia, a

Petition may be filed.

petition may be filed as provided in section 1, stating the nature and amount of such debts and obligations, so far as known, and

Receiver; appointment.

praying that a receiver thereof may be appointed. The court may thereupon issue a notice as above provided, without issuing a warrant, and may, upon the return of said notice and after a summary

Collection of debts by.

hearing, dismiss the petition or appoint a receiver and authorize and direct him to demand and collect the debts and obligations

Bond.

specified in said petition. The receiver shall give bond as provided in section 5, and shall hold the proceeds of such debts and obligations and all property received by him, and distribute the same as

Authority of receiver.

hereinafter provided. The court may confer upon the receiver such further authority as may be conferred under section 7.

Sec. 9.

The court may make orders for the care, custody, leasing, and investing of all property and its proceeds in the possession of the receiver. After the appointment of a receiver, upon his petition and after notice, the court may order all or part of said property, including the rights of the absentee in land, to be mortgaged, or sold at public or private sale, to supply money for payments authorized by this Act or for reinvestment approved by the court.

Sec. 10.

The court may order said property or its proceeds acquired by mortgage, lease, or sale to be applied in payment of charges incurred or that may be incurred in the support and maintenance of the absentee’s wife and minor children, and to the discharge of such debts and claims for alimony as may be proved against said absentee.

Sec. 11.

The court may authorize the receiver to adjust by

Adjustment of claims.

arbitration or compromise any demand in favor of or against the estate of such absentee.

Sec. 12.

The receiver shall be allowed such compensation and

Compensation of receiver.

disbursements as the court orders, to be paid out of said property or proceeds. If within fourteen years after the date of the

Accounting; when.

disappearance and absconding as found and recorded by the court, such absentee appears, or an administrator, executor, assignee in insolvency, or trustee in bankruptcy of such absentee is appointed, such receiver shall account for, deliver, and pay over to him the remainder of said property. If such absentee does not appear and claim said

When rights of absentee deemed divested.

property within such fourteen years, all his right, title, and interest in said property, real or personal, or the proceeds thereof shall cease, and no action shall be brought by him on account thereof.

Sec. 13.

If at the expiration of such fourteen years said property

Distribution of remainder.

has not been accounted for, delivered, or paid over under the provisions of the preceding section, the court shall order the distribution of the remainder to the persons to whom, and in the shares and proportions in which, it would have been distributed if such absentee had died intestate within the District of Columbia on the day fourteen years after the date of the disappearance or absconding as found and recorded by the court.

Sec. 14.

If such receiver is not appointed within thirteen years

Provisions where receiver not appointed within 13 years.

after the date found by the court under section 5, the time limited for accounting for, or fixed for distributing, said property or its proceeds, or for barring actions relative thereto shall he one year after the date of the appointment of the receiver instead of the four-teen years provided in the two preceding sections; except that the time limited for accounting for, or fixed for distributing, any additional property or its proceeds within the District of Columbia coming into the possession of such receiver during such one-year period, or for barring actions relative thereto, shall be one year after the date possession is taken by such receiver.

Sec. 15.

Nothing in this Act contained shall be construed as

Existing law not affected.

Vol. 31, p. 1230.

repealing or modifying sections 252 or 253 of the Act of Congress entitled “An Act to establish a Code of Law for the District of Columbia”, approved March 3, 1901, as amended.