The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1906-05-12
PUBLIC GENERAL LAWS.

LAWS.
the term "iduciary," any trustee, ex-
ecutor, administrator, receiver, or 9TH
er hduciary), to make any delivery or
dlstrlputlon OF any property in the
| possession or control of such fiduciary
! and said fiduciary shall apprehend that
| there may be persons living unknown
to such fiduciary, who may be entitled
to shares thereof, or whose rights will
| be affected by such distribution or
! delivery, said fiduciary may apply by
/ bill or petition to the Court of EQUITY
| in the county or city in which said
fduciary resides or has his or it's prin-
| c1pal office or place of business, pray
| ing the said Court to assume jurisdic-
| ton over the said property and the
/ distribution and delivery thereof or
If Court of Equity already has jur-
| isdiction Of said property said applica-
ton may be made to such Court. All
| persons known to such fiduciary to
| have any interest in said property shall
pc named or described and made par
| ties to the proceedings, and their in
| terests shall be stated or set forth. and
! there shall be a statement in the bill or
| petition, by which said application to
| the Court is made, showing why such
| hduciary apprehends that there may be
| persons living unknown to him or it
| who may be interested in said pro-
/ perty, or whose rights would be af-
fected by said distribution or delivery,
| and as near as practicable who such
bperSons may be supposed to be. And it
| shall be the duty of the said Court to
! examine said bill or petition, and any
papers. filed herewith, and upon being
/ satisfied that sufficient effort has been
made by such flduciary to ascertain
whether there are such unknown per-
| sons, shall pass an order directing the
| said fiduciary to give notice by publ
| cation to such supposed unknown per-
| sons, whether they be residents or non
residents of this State, of the substance
and object of said Bill or petition. and
4 .f.lrr do
| therein stated, which shall not be less
] than ninety days after the passage of
| said order, and said notice shall be
| published for such length of time as
I the Court may direct in some news
| paper, as in cases of notice by publica-
| ton to non-residents. The defendants
| named in said Bill or Petition shall be
summoned or If they be non-residents
| of this State, shall be duly notified by
I publication as in other cases in equity:
And after the expiration of said period
| fixed in said order, for the appearance
! of said unknown persons, the Court
! shall proceed as in other suits in
| equity, and shall, by it's decree, direct
| to whom the said fiduciary shall make
! distributions or delivery of said prop
erty, and if in the opinion of the said
Court, it shall be doubtful whether or
| not there are unknown persons who
are entitled to a share or shares of
| said property it may, in its discretion,
require the persons to whom is shall
y
thereof to be made to file bond or
J bonds to the State of Maryland in such
! penalty as it shall prescribe, with the
| clerk Of the said court, conditioned to
make restitution to such unknown per-
I son or persons of his. her or their
shares of said property, when his her
or their rights thereto shall be estab-
| ilshed or the said court may require
said fiduciary to hold or transfer and
| deliver to a trustee or receiver to be
| appointed by it the share or shares to
| which such unknown person or persons
would be entitled if in existence to be
! held, and the income thereof accumu-
| lated for such time as the said court
! may direct, in order to afford full OPP
portunity for such unknown person or
| persons to appear and assert their
| rights, and may order the delivery or
I distribution thereof whenever said I'M
known persons shall appear and es-
tablish their rights thereto, or when
it shall be convinced that there are no
| unknown persons entitled to any share
| Of said property. And the said court
may defer the passage of the said de-
| cree from time to time If it shall deem
| 1t necessary in cases of doubt as to the
existence of persons who may be enti-
tied, but the discretion of the said
court as to requiring bond and deferr-
ing the passage of said decree, and
| withholding and accommodating shares.
| shall be subject to review by the Court
| Of Appeals. And any fduciary making
distribution or delivery of any property
in obedience to such decree or order
shall be protected from any claim in
| respect thereof by such unknown per-
son or persons, his, her or their heirs,
personal representatives or assigns.
| Section BOOB. And be 1t further en-
| acted, That whenever any hduciary
shall have property to distribute or
deliver, and there shall be persons en-
titled to shares thereof, or whose rights
therein will be affected by such dis
tributiop or Fl Us such fiduciary to be
in existence but it shall not be known
| to said fidiciary whether said persons
are residents Of this State or not, or if
residents of this State, where they may
! be served with the progress of the
court, they may, by special leave of
the court upon good cause shown, be
if their names be not known to such
| fiduciary, they may be described as
| nearly as practicable.
Section 200C And be 1t further en-
acted. That the said court may assign
! counsel to protect the interest of such
supposed unknown person or persons
! known to exist whose names or places
| of residence are unknown. and that the
| fees of such counsel shall be fixed by
| the Court and be paid out of said prop
| dirty, or such part thereof as the Court
shah determine ought to bear the same.
Section 200D. And be it further en-
acted That this Act and the three pre-
ceding sections thereof shall not be in
terpreted. as repeal Of construction of
existing law. or of the Jurisdiction and
! powers of Courts Of Equity. and that
| the remedy hereby provided is intended
| to be additional to and not in substi-
| tuition for any other existing remedy.
Sec. g. And be II further enacted
date of its passage.
Approved April 8, 1906.
EDWIN WAKEFIELD.
Governor