§47-46  Disputed ownership.  [L 2004,c 202, §6 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  If thereare two or more claimants claiming adversely, each to the other or others, tobe the owner in due course of a bond, coupon, or both, as the case may be,alleged to have been lost, stolen, destroyed, or defaced, the director offinance, in the director's discretion, may require the claimants, if not withinthe State, to appoint agents within the State to accept service of process, orotherwise to submit to the jurisdiction of the courts of the State, and maybring suit on behalf of the State in any circuit court against the claimants,by interpleader, for the determination of the claimant or claimants entitled tothe payment of the bond, coupon, or both, as the case may be.  Jurisdiction ishereby conferred upon the designated circuit court to hear and determine,without a jury, the suits and to determine whether any of the claimants isentitled to the payment, and, if so, which of the claimants is so entitled;provided that no such judicial determination shall dispense with the conditionprescribed by section 47-45 requiring a surety bond before the payment of theclaims.  The cost of the suit shall be borne by the claimants and the court maydecree the payment of such costs by any of the unsuccessful claimants, or theapportionments thereof, as may be deemed just.  The decision of the court maybe appealed to the intermediate appellate court, subject to chapter 602, in themanner provided for civil appeals from the circuit court. [L 1989, c 80, pt of§2; am L 2004, c 202, §6]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."