The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1906-05-11
PIRLIC GENERAL LAWS.

PUBLIC GENERAL LAWS.
the term "iduciary," any trustee, ey-
ecutor, administrator, receiver; or 9th
err fduciary), to make any delivery or
distribution of any property in the
possession or control Of such fiduelary,
and said fiduciary shall apprehend that
there may be persons living unknown
to such fduciary, who may be entltled
to shares thereof, or whose rights Will
be affected by such d1strlo snnl1 b or
bill or petition to the Court OF Equity
in the county or city in which sald
fiduciary resides or has his or its prin-
cipal 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 a Court of Equity already has !ur-
isdiction Of said property, said applica-
ton may be made to such Court. All
persons known to such f1duciary to
have any interest in said property snail
ties to the proceedings, and their in
terests shall be stated or set forth. and
there shall be statement in the bill or
petition, by which said application TO
the Court is made, showing why Such
fiduciary apprehends that there may be
persons living unknown to him or 1t
who may be interested in SAID pro-
perty, or whose rights would pc al
fected by said distribution or delivery.
and as near as practicable who such
persons may be supposed to be. And it
shall be the duty of the said Court TO
examine said bill or petition, and any
papeIS iled Herewith, and upon being
satisfied that sufficient effort has been
made by such fduciary 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
therein stated, which shall not be less
than ninety days after the passage or
said order, and said notice shall be
published for such length Of time as
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
of this State, shall be duly notified by
publication as in other cases in equity.
And after the expiration of said period
of said unknown persons, the Court
shall proceed as in other suits in
equity, and shall by its decree, direct
to whom the said fiduciary shall make
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 it's discretion,
require the persons to whom is shall
direct the distribution or delivery
thereof to be made to file a bond or
bonds to the State of Maryland in such
clerk Of the said court, conditioned to
make restitution to such unknown per-
| 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 fduciary to hold or transfer and
deliver to 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 op-
portunity for such unknown person or
persons to appear and assert their
rights, and may order the delivery or
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
may defer the passage of the said de-
cree from time to time If it shall deem
it necessary in cases of doubt as to the
existence Of persons who may be emit,
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-
personal representatives or assigns.
Section BOOB. And be it further en-
ACTED That whenever any fiduciary
deliver, and there shall be persons en-
titled to shares thereof or whose rights
therein will be affected by such dis
shall be known to such flduciary 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
proceeded against as non-residents; and
if their names be not known to such
fiduciary, they may be described is
nearly as practicable.
Section 2ooC. And be it 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
tie Court. and be paid out of said prop
dirty. or such part thereof as the Court
shall determine ought to bear the same.
Section 2ooD. 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 or Courts or Equity, ana that
the remedy hereby provided is intended
to be additional to and not in substi
tuition for any other existing remedy.
Sec. 2. And be it further enacted,
That this Act shall take effect from the
date of its passage.
Approved April 8, 1906.
EDWIN WAKEFIELD,
Governor.
JOSEPH B. SETH,
President of Senate.
CARVILLE D. BENSON