§ 2.04. Unclaimed funds in courts of record.

Whenever any money shall have remained dormant for seven (7) years or more in the custody or under the control of any of the courts of record or the clerks thereof in the City of Hampton without any claim having been or being asserted thereto such court shall, where the amount is one hundred dollars ($100.00) or more, cause a publication to be made once a week for two (2) successive weeks in a newspaper of general circulation published 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 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. If the sum be less than one hundred dollars ($100.00), 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.

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. The net amount thereof, after deducting costs and other 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 (10) 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 (5) years after the removal of such disability.