1. In all actions against any bank or trust company to recover for moneys on deposit
or property left in a safe deposit box therewith, if there be any person or persons,
not parties to the action, who claim the same fund, the court in which the action
is pending may, on the petition of the bank or trust company, and upon eight days'
notice to the plaintiff and the claimants, and without proof as to the merits of the
claim, make an order amending the proceeding in the action by making the claimants
parties defendant thereto; and the court shall thereupon proceed to determine the
rights and interests of the several parties to the action in and to the property. The remedy provided in this section shall be in addition to and not exclusive of
remedies now or hereafter existing.
2. The funds on deposit or property which are the subject of the action may remain
with the bank or trust company subject to the order of the court until final judgment
therein, and, if deposits, be entitled to the same interest as other deposits of the
same class, and shall be paid by the bank or trust company in accordance with the
final judgment of the court; or in the discretion of the court, the deposit or property
in controversy may be paid into or placed with the court to await the final determination
of the action, and when the deposit or property is so paid into or placed with the
court the bank or trust company shall be struck out as a party to the action, and
its liability for the deposit or property shall cease.
3. The costs in all actions against a bank or trust company to recover deposits or
property shall be in the discretion of the court, and may be charged upon the fund
or property affected by the action.
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