Chapter 543: The Relief of Depositaries

Whenever in any proceedings for the recovery of personal property it shall appear that the defendant has no title to or claim against the property sought to be recovered, otherwise than by lien, and that some person other than the plaintiff does or may claim the same, or may be entitled thereto, the court wherein such proceeding is pending shall summon such other party by scire facias if known, and if not known, then by publication.

Prior to the issuing of such notice the court shall receive the custody of the property, and may make such orders for the holding of the same, pending the determination of the right of the claimant thereto, as justice may require.

After such summons, whether personal or by publication, any claimant may appear upon such terms and by giving such security for costs as to the court may seem just, and if no claimant appears judgment may be given for the plaintiff by default, as in other cases.

Where notice is given by publication the plaintiff shall give bond satisfactory to the court, conditioned to appear and defend the title to said property, and to abide by the order of the court therein, if at any time within one year from the date of judgment any claimant shall appear and claim the property; after which period of time all other rights shall be barred.

The amount of the lien, if any, of the original defendant shall be determined by the court, and shall be paid by the person in whose favor judgment is rendered, before final judgment shall be entered.

There shall be a lien upon the property for such charges, services, and expenses as are necessary for the keeping of the same, pending litigation.

If it appears by the plea, answer, disclaimer, or deposition of the original defendant filed within the first thirty days of the term at which such action shall be entered or returnable that such defendant has no title to or claim against such property, otherwise than by lien, the defendant shall, upon delivering the subject matter of the suit in accordance with the order of the court, be discharged from further liability, and shall be entitled to costs in such sum as the court may deem just, and thereafter said proceeding shall be deemed to be in rem.

The costs of publication shall be borne by the parties in whose favor judgment is rendered.

Whenever in any proceeding in a court, funds subject to the order of the court are not paid over to the party entitled thereto, because his identity is not ascertained, or because he cannot be found or refuses to accept payment, the court may order that its officer, or the party having possession of the fund, shall pay the same to the state treasurer; and upon such payment and taking the receipt of the treasurer therefor, the holder shall be discharged from other accountability for the fund.

Upon petition by the holder of any fund which is payable and unclaimed, but for less than the time period giving rise to a presumption of abandonment and a requirement to report to the state treasurer under RSA 471-C, the superior court, after notice and hearing, may decree payment thereof to the state treasurer, as presumably abandoned. The state treasurer shall thereafter hold such property subject to those provisions of RSA 471-C which apply to abandoned property delivered to the state treasurer pursuant to report.