
    Deaderick vs. County Court of Washington County.
    Constitutional Law. Act of 1845, Code, secs. 621, 524. The law of 1845, the substance of which is embodied in the 621st and 524th sections of the Code, making it the duty of the clerks, after money has remained in their offices a specified time, to pay the same into their several County treasuries, is based upon the doctrine of escheat, and is free from Constitutional objection.
    PROM WASHINGTON.
    This was a motion against the plaintiff to compel him to pay over moneys'to the County Treasury of Washington County, that had been paid to him, as Clerk and Master, and Iain in his office unclaimed, for more than two years. At the May Term of the Circuit Court, 1860, there was a judgment against Deaderick, for the money so remaining in his hands. Judge Thomas W. Turley, presiding,
    Deaderick appealed.
    Thomas A. R. Nelson, for Deaderick.
    
      Maxwell & Milligan", for the County Court of Washington County.
   McKiNNEY, J.,

delivered the opinion of the Court.

We are of opinion that the Act of 1845, the substance of which has been incorporated into the Code, sections 521,524, is free from any Constitutional objection.

Moneys, in greater or less amounts, are constantly paid into the clerks’ offices, which are never called for by the persons to whom they belong, and consequently fall to the clerk. The law in question transfers these moneys to the several county treasuries. This law is based upon the familiar principle of the doctrine of escheat, by which the lands of persons dying without heirs, or for which no owner can be found, go to the State; or, with us, to the common school fund. The same principle, we suppose, may be applied to personalty.

What objection can there be to such a provision ? The rights of the persons to whom the moneys were due, should they ever appear to demand them, are carefully protected by the Statute. No injury is done to them by the transfer of the fund from the Clerk’s office to the county treasury. The payment of the money, if ever called for, is at leat as amply secured to them. Nor is any injury done to the Clerk, of which he can be heard to complain. He has no right or claim to the money ; and the authority of the Statute is full indemnity to him against all future liabilities, as regards the persons to whom the moneys may belong, in the event they should ever appear or demand payment.

Judgment affirmed.  