§246-63  Disposition of surplus moneys. The officer charged with the duty of distributing the surplus arising from atax sale under sections 246-56 to 246-61 shall pay from the surplus all taxes,including interest and penalties, of whatsoever nature and howsoever accruing,as provided in section 246-55, and further the officer may pay from the surplusthe cost of a search of any records where such search is deemed advisable bythe officer to ascertain the person or persons entitled to the surplus; providednothing herein contained shall be construed to require the tax collector tomake or cause any such search to be made.  If the officer is in doubt as to theperson or persons entitled to the balance of the fund the officer may refuse todistribute the surplus and any claimant may sue the officer or the officer'ssuccessor in office in the circuit court in the circuit within which theproperty sold was situated.  The officer may require the claimants tointerplead, in which event the officer shall state the names of all claimantsknown to the officer, and shall cause them to be made parties to the action. If in the officer's opinion there may be other claimants who are unknown, theofficer may apply for an order or orders joining all persons unknown having orclaiming to have any legal or equitable right, title, or interest in the moneysor any part thereof or any lien or other claim with respect thereto.

Any orders of the court or summons in thematter may be served as provided by law or the rules of court, and all personshaving any interest in the moneys who are known, including the guardians ofsuch of them as are under legal age or under any other legal disability (and ifany one or more of them is under legal age or under other legal disability and withouta guardian the court shall appoint a guardian ad litem to represent themtherein) shall have notice of the action by personal service upon them.  Allpersons having any interest in the moneys whose names are unknown or who ifknown do not reside within the State, or for any reason cannot be served withprocess within the State shall have notice of the action as provided bysections 634-23 to 634-27, except that any publication of summons shall be inat least one newspaper published in the State and having a general circulationin the circuit within which the property sold was situated, and the form ofnotice to be published shall provide a brief description of the property whichwas sold.

All expenses incurred by the officer shall bemet out of the surplus moneys realized from the sale. [L 1939, c 221, §9; am L1941, c 255, §2; RL 1945, §5170; RL 1955, §128-46; am L Sp 1959 2d, c 1, §14;am L 1963, c 114, §1; HRS §246-63; am L 1973, c 133, §10; am L 1974, c 75, §8;gen ch 1985; am L 1986, c 339, §23]

 

Cross References

 

  Notice by certifiedmail, see §1‑28.