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This entry was published on 2014-09-22
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When claimants entitled to ratable distribution
Public Officers (PBO) CHAPTER 47, ARTICLE 2-A
§ 27. When claimants entitled to ratable distribution. If the
aggregate amount of the liabilities, which might be recovered by actions
upon an official bond or undertaking, as prescribed in this article,
exceeds the sum for which the sureties are liable, the court must, upon
the application of a person who has obtained leave to prosecute the bond
or undertaking, made upon notice to the plaintiff's attorney, in each
action then pending upon such bond or undertaking, and in each
uncollected judgment recovered thereupon, direct and provide for the
distribution of the money, collected out of the property of the
sureties, among the persons in favor of whom the liabilities have
accrued, in proportion to the amount which each one is entitled to
recover; to be ascertained by a reference, or in such other manner as
the court directs. For the purposes of the motion an order may be made
by a judge, forbidding the payment to the plaintiff in any action, of
the sum collected or to be collected by virtue of a judgment therein.
But this section does not authorize the court to compel a plaintiff to
refund any money, collected and received by him, in good faith, before
service of notice of such an order.