Chap. 84.—An ACT to amend and re-enact an act entitled an act to cause
all depositions or accounts in the several banks and banking corpora-
tions or associations in this Commonwealth, whereof the depositor is
unknown, or the person or persons, to whom such account of deposit
belongs, or belong, is, or are unknown, and against which deposit or
account there has been no check, draft or order for a period of twenty-
One years, by one entitled to check thereon, to escheat to the Common-
wealth; and to direct the manner of reporting same, and the final
disposition thereof, approved March 15, 1918. [S B 86]

. Approved September 9, 1919.
1. Be it enacted by the general assembly of Virginia, That

an act entitled “An act to cause all deposits or accounts in the
several banks and banking corporations or associations in this
Commonwealth, whereof the depositor is unknown, or the person
or persons, to whom such account or deposit belongs, or belong,
is, or are unknown, and against which deposit or account there
has been no check, draft or order for a period of twenty-one
years, by one entitled to check thereon, to escheat to the Com-
monwealth ; and to direct the manner of reporting same, and the
final disposition thereof,’”’ approved March fifteenth, nineteen
hundred and eighteen, be amended and re-enacted so as to read
as follows:

Sec. 1. That all deposits or accounts with the several banks
or banking corporations of this State, whereof the depositor’s
whereabouts are unknown to the bank or banking corporation
or association wherein such deposits or accounts are kept, or
the whereabouts of anyone entitled to such account or deposit
are to it unknown, and against which such deposits or account
there has been no check draft or order for a period of fifteen
years, by one entitled to check thereon, shall escheat to the Com-
monwealth of Virginia. ]

Sec. 2. That all banks or banking corporations or associa-
tions are hereby required as of August first in each and every
year after the passage of this act to make full and complete re-
ports under oath to the auditor of public accounts whether any
such funds are on deposit in such bank or banking corporation
or association, and, if so, a complete list of such funds or de-
posits. The same shall be reported on or before the first day of
September of each year and at the time of making such report
all of such deposits and accounts shall be paid into the State
treasury to the credit of the Commonwealth for the benefit of
the literary fund. Such bank or banking corporation or asso-
ciation shall upon such payment be relieved of all liability by
reason of such payment. The auditor of public accounts, upon
receipt of the reports as herein provided, shall publish twice a
week for four successive weeks in a newspaper published or
having general circulation within the county, city or town, in
which the bank or banking corporation or association is located,
a list showing the names of the depositors, the amount
of the deposits and the names and addresses of the banks
or banking corporations or associations in which the de-
posits or accounts are or were held; provided, however,
that deposits or accounts of less than two dollars and fifty
cents in amount shall not be included in the aforesaid published
list. The expense of such publication shall be paid from the
funds so escheated. At any time within ten vears after the
payment into the State treasury of any deposit of money under
the provisions of this act, the person or persons who would have
been the lawful owner or owners thereof, if the same had not
been so paid, upon evidence of such ownership satisfactory to
the second auditor of Virginia shall be paid the principal amount
thereof out of the literary fund upon warrant by said second
auditor of Virginia; but this provision for repayment shall in
no wise limit or affect the remedy at law as provided in the fol-
lowing section of this act.

Sec. 3. If any action or suit shall be brought against any
bank or banking corporation or association for any amount es-
cheated or transferred to the literary fund under this act, said
bank or banking corporation or association shall immediately
notify the attorney general, whose duty it shall be to defend all
such claims; and a duly certified copy of the final order of court
for recovery by any such claimant, shall be an order on the sec-
ond auditor for payment of the amount so recovered to the de-
fendant bank or banking corporation or association, provided
that if any such bank or banking corporation against which
such claim might be asserted has ceased to do business in this
State such action or suit may be instituted in and determined
by the circuit court of the city of Richmond against the auditor
of public accounts, who shall notify the attorney general to de-
fend the same and the said court may.by order of publication
and otherwise as it may deem proper give notice to other or un-
known parties that it may deem proper parties defendant to
such action or suit, and a duly certified copy of the final order
of such court for recovery, or, if appealed from, of the supreme
court of appeals shall be an order on the second auditor for pay-
ment to the claimant found by such court to be entitled to the
amount so found in such final order.

Sec. 4. Any bank or banking corporation or association
which fails to comply with any of the provisions of this act shall
be deemed guilty of a misdemeanor and upon conviction pun-
ished by a fine of not more than five hundred dollars for each
offense.

Sec. 5. The auditor of public accounts shall annually on the
first day of November report to the Commonwealth’s attorney
of any city and county of this State the names of any bank or
banking corporation or association in his said city or county
which has failed to comply with the provisions of this act, and
it shall thereupon become the duty of such Commonwealth’s at-
torney to institute appropriate proceedings against such delin-
quent bank or banking corporation or association for the viola-
tion of this act.

Sec. 6. All acts or parts of acts in conflict with this act
are hereby repealed.