The citizen. (Frederick City, Md.) 1895-1923, 1906-05-04
PuRLIC GENERALLAMs.

the term Judiciary" any trustee, ex
ecutor, administrator receiver. or 9th
er hduciary), to make any delivery OF
distribution of any property in the
possession or control or Such nduClafN-
and said fiduciary shall apprehend that
there may be persons living unknown
to such tduciary 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 its prin-
cipal office or place of business. pray
ing the said Court to assume jurisdc-
tion over the said property. and the
distribution and delivery thereof, or
If Court of Equity already has Jur-
isdictiou of said property said applica-
ton may be made to such Court. All
persons known to such hduciary to
have any interest in said property shall
be named or described and made par
/ ties to the proceedings, and their in
terestS shall be stated or set forth. ana
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 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
persons may be supposed to be And it
shall be the duty Of the said Court to
examine said bill or petition. and any
papeFs iled herewith, and upon being
satisfied that sufficient effort has been
made by such iiduciary to ascertain
whether there are such unknown per
sons. snail pass an order directing the
SAD hduciary to give notice by publ
cation to such supposed unknown per-
sons, whether they be residents or nom
residents of this State, of the substance
and object of said Bill or petition. and
warning them to appear by day
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 nom 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
fixed in said order. for the appearance
of said unknown persons, the Court
shall proceed as in other suits in
equity, and shall. by its decree, direct
to whom the said tiduciary 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 share or shares of
said property, it may, in its 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
penalty as it shall prescribe. with the
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 fiduciary 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 fun OPP
portunity for such unknown person or
persons to appear and assert their
rights and may order the delivery or
distribution thereof whenever said un-
known persons shall appear and es-
tablish their rights thereto. or when
II snail 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
il 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 accumulating shares.
SNAIL De SUBJECT TO review by the court
of Appeals. And any fiduciary 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 POOH And be ii further en-
acted, That whenever any fduciary
shall have property to distribute or
deliver. and there shall be persons en-
n Cl a or V.frr -.
therein will be affected by such dis
| trihution or delivery and such persons
shall be known to such fiducary to be
in existence. but it shall not he known
TO SAID hdiciary 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 as
nearly as practicable.
Section 200C. 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
d'ty. or such part thereof as the Court
shall determine ought to bear the same
Section 200D. And be it further en-
acted, That this Act and the three pre-
cedng sections thereof shall not be in
terpreted as a 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. 2. And be it further enacted
| That this Act shall take effect from the
date of its passage.
Approved April 3, 1906
EDWIN WAKEFIELD.
Governor.