Whenever any money shall have remained for five years in the custody or under the
control of any of the courts enumerated in section 13.02 in any condemnation proceeding instituted therein by the city, without any claim
having been asserted thereto such court shall, where the amount is one hundred dollars
or more, cause a publication to be made once a week for two successive weeks in a
newspaper of general circulation in the city, setting forth the amount of such money,
the source from which it was derived and the proceeding in which it is held, and requiring
all persons having any claim to said money to appear before said court within such
time after the completion of the publication as the court may prescribe, and establish
their claim. If the sum be less than one hundred dollars, the court shall direct the
same to be paid into the treasury of the city, and a proper receipt for the payment
taken and filed among the records of the proceeding. If no person shall appear and
show title in himself the court shall order the money, after deducting therefrom the
costs of such publication if such publication is made, and any other proper charges,
to be paid into the treasury of the city and a proper receipt for the payment to be
taken and filed among the records of the proceeding. The director of finance shall,
in a book provided for the purpose, keep an account of all money thus paid into the
city treasury, showing the amount thereof, when, by whom, and under what order it
was paid, and the name of the court and as far as practicable, a description of the
suit or proceeding in which the order was made and, as far as known, the names of
the parties entitled to said funds. Money thus paid into the treasury of the city
shall be paid out on the order of the court having jurisdiction of the proceeding,
to any person entitled thereto who had not asserted a claim therefor in the proceeding
in which it was held, upon satisfactory proof that he is entitled to such money. If
such claim be established the net amount thereof, after deducting costs and other
proper charges, shall be paid to the claimant out of the treasury of the city on the
warrant of the director of finance. No claim to such money shall be asserted after
ten years from the time when such court obtained control thereof; provided, however,
if the person having such claim was an infant, insane, or imprisoned at the time the
claim might have been presented or asserted by such person, claim to such money may
be asserted within five years after the removal of such disability. (Acts 1971, Ex.
Sess., ch. 166, Sec. 1; Acts 1988, ch. 157)
