Chap. 223.—An ACT to amend and re-enact Sections 6280, 6283, 6285, 6286, 6289,
6294, 6310 as amended and 6311 of the Code of Virginia, relating to general and
special receivers and special commissioners, their powers, duties, and compen-
sation, and money in the custody or under the control of any court. [S B 98]

Approved March 25, 1946

Re it enacted by the General Assembly of Virginia:

1. That sections sixty-two hundred eighty, sixty-two hundred
eighty-three, sixty-two hundred eighty-five, sixty-two hundred eighty-six,
sixty-two hundred eighty-nine, sixty-two hundred ninety-four, sixty-
three hundred ten as amended and sixty-three hundred eleven of the
Code of Virginia be amended and re-enacted, as follows:

Section 6280. Appointment of general receivers; their duties—
Every circuit, corporation and city court may appoint a general receiver
of the court, who may be the clerk of the court, who shall hold his office
at its pleasure, and whose duty it shall be, unless it be otherwise specially
ordered, to receive, take charge of, hold or invest in such manner as the
court orders, all moneys paid into court, or into bank or other place of
deposit, to the credit of the court, and all moneys thereafter so paid un-
der any judgment, order, or decree of the court, and also to pay out or
dispose of same as the court orders or decrees; and, to this end, the
general receiver is authorized to check for, receive, and give acquittances
for all such moneys, as the court may direct.

Section 6283. How accounts kept by receivers; when and how
reports made to their courts; inquiry to determine who entitled to funds,
et cetera.—He shall keep an accurate and particular account of all moneys
received, invested, and paid out by him, showing the respective amounts
to the credit of each case in the court, and designating in the items the
judgments, orders, or decrees of court under which the respective sums
have been received, invested, or paid out; and at least semi-annually,
on days to be designated by the court in its order of appointment, he shall
report to his court a statement, showing the balance in the credit of each
case in the court in which money has been received by him, the manner
in which it is invested, the amounts received, invested, or paid out since
his last report, and the whole amount then invested and subject to the
future order of the court; and he shall, at any time when required by the
court so to do, furnish a statement of the amount subject to the order of
the court in any case pending therein, and any other information re-
quired by the court as to any money or other property in his hands and
shall annually make formal settlement of his accounts before the court or
before the commissioner mentioned in section sixty-two hundred eighty-
nine which settlement shall be recorded in the book entitled “Settlements
of Receivers and Commissioners.”

When funds are held because of inability to find the person to whom
payable, such receiver may be ordered by the court to make inquiry and
use due diligence to ascertain such person so payment may be made; and
or this purpose, and to secure any other relevant information, he shall
lave power to summon witnesses and take evidence; and he shall report
specifically to the court in each semi-annual report, and at any other
ime when so ordered by the court, the details and results of his efforts.

Section 6285. Their bonds.—He shall annually give before the
-ourt, a bond with surety, to be approved by it, in such penalty as the
-ourt directs, sufficient at least to cover the probable amount in his hands
n any one year, and he shall give such additional bond from time to time
1s the court orders.

This section shall apply to the clerk, 1f the clerk be appointed such
‘eceiver, and his official bond as clerk shall not cover money or property
n his hands as general receiver.

Section 6286. Their compensation; when none to be allowed.—He
shall receive as compensation for his services such amount, as the court
deems reasonable, to be apportioned among the funds under his control in
such manner as the court orders; and, out of the compensation so allowed,
he shall pay the premium on his bond or bonds; and such compensation
shall not be considered clerk’s fees.

He shall promptly report to the court the execution of the bond or
bonds required in section sixty-two hundred eighty-five, and make the
reports and perform the duties required of him; and no compensation
shall be allowed him until he has performed the duties aforesaid.

Section 6289. Settlement of accounts of special receivers and spe-
cial commissioners; forfeiture of compensation for failure to comply;
general receivers may be required to make like settlement.—Every cir-
cuit, city and corporation court, by an order entered of record, shall ap-
point one of its commissioners in chancery, who shall hold office at its
pleasure, to state and settle the accounts of all special receivers and of
all special commissioners holding funds or evidences of debt subject to
the order of the court.

All special receivers and special commissioners shall, unless their
accounts have been previously verified and approved by the court, and
ordered to be recorded, with reasonable promptness, and not longer than
four months after any money in their hands should be distributed or at
other intervals specified by the court, present to such commissioner in
chancery an accurate statement of all receipts and disbursements, duly
signed and supported by proper vouchers; and the commissioner in
chancery shall examine and verify same, and attach his certificate thereto
approving it, if it is correct, or stating any errors or inaccuracies therein,
and file same in the cause in which the special receiver or special com-
missioner was appointed, and present same to the court.

The court may at any time appoint any of its other commissioners
in chancery to perform the duties herein required in any case in which
the regular commissioner in chancery appointed hereunder is himself
the special receiver or special commissioner whose accounts are to be
settled.

For his services performed hereunder the commissioner in chancery
shall receive such compensation as the court allows, to be paid out of the
fund in the hands of the special receiver or special commissioner.

If any special receiver or special commissioner fail to make settle-
ment as herein required within the time herein provided, he shall forfeit
his compensation, or so much thereof as the court orders.

The court may order its general receiver also to state and settle his
accounts in the manner herein provided.

Section 6294. Book entitled “Settlements of Receivers and Com-
missioners’; what recorded therein; how indexed; public record.—The
clerk of every such court shall procure, at the expense of his county or
corporation, a book, to be called “Settlements of Receivers and Com-
missioners”, wherein he shall record such reports when approved by the
court, and properly index same to show the name of the receiver or
commissioner and also the style of the suit in which the report is made:
and such book shall be kept as a public record in the office of the clerk.
Provided that when such reports are being recorded in the “Receivers’
Book” required by this section before this amendment, the clerk shall
continue to record same therein until the book in current use is filled.

Section 6310. How money under control of court deposited; rec-
ord kept; list to be furnished to commissioner of the revenue ; how taxes
collected; when condition of bond of fiduciary deemed to be fulfilled.—
Whenever any court orders any money under its control or in its custody
to be deposited in any bank or banking institution, it may order same
deposited to the credit of its general receiver appointed under section
sixty-two hundred eighty of the Code, to be held and accounted for in the
manner required as to other funds paid to such general receiver ; or, when
it is made to appear from an order entered of record that the fund will
be promptly paid out, the court may order the officer or person making
the deposit to make it to the credit of the court, and to take a certificate
of deposit therefor and deliver same to the clerk of the court. The clerk
shall file such certificate in the papers of the suit or proceedings in which
the order was made, and shall keep a record of the money, showing the
style of the suit or other proceedings, the date of the order of such de-
posit, the amount of the deposit, the place of deposit, and the court in
which the order was entered; and he shall from time to time as decrees
are drawn on the fund charge same against such deposits; which with-
drawals shall be by court checks, signed by the person authorized by
formal order or decree to check on the funds.

The clerk shall furnish a list of all such balances to the credit of
the court to the commissioner of revenue, showing the amount thereof
on the first day of January of each year ; and the commissioner of revenue
shall verify same for assessment. Upon the issuance of a proper tax bill
therefor the court shall order payment of the amount thereof out of such
deposit, and the date and amount of such payment shall be endorsed on
the certificate by the clerk.

Section 6311. Proceedings when money has remained under con-
trol of court for five years without known owner or claimant.— Whenever
any money has remained for five years in the custody or under the control
of any court of this State without anyone known to the court claiming
same the court shall, when the amount is one hundred dollars or more,
cause a publication to be made once a week for four successive weeks in
some newspaper published in the city or county in which the court is
located or if there be none then in a newspaper having general circula-
tion therein, setting forth the amount of the money, the source from
which it was derived, in what court and in what suit or proceeding it is
held, and in whose hands it is, and requiring all persons having any
claim to it to appear before the court within such time after the comple-
tion of the publication as the court prescribes and establish their claim.
Tf the sum be less than one hundred dollars, the court shall direct same
to be paid into the treasury of the State, and a proper voucher for the
payment taken and filed among the records of the court.