The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1906-05-04
CHAPTER 373.

CHAPTER 373.
An Act 10 add four new Sections to
Article l6 OF the Code OF Public
General Laws. title "ChanceR." sub
title Pleading. Practice and Pro
cess, tn he known as Sections 20OA
2eoB. 2a0C and 200D. and to come
in after Section 2Oa of said Article
providing 4 method of procedure by
hductlries for making distribution
or delivery Of property where un-
known persons may be entitled. or
the residences OF persons known or
supposed to be entitled are I'M
known. and for protecting the in
i"rests Of such persons. and for pro-
protecting iiduciaries making dis
irihution or delivery OF property.
Section l. Be h enacted BY the
General Assembly of Maryland, That
four new Sections be added 10 Arti.
Gle 10 Of the Code OF Public General
Laws. title "Chancery. subtitle
Pleading. Practice and Process" to
be known rs Sections 2O0A. 200B.
ehgC. and 20uD. and TO come In after
section 200. and Ia read as follows:
Section 2noA. whichever il shalt
le the duty of any fdnciary tmeaning
nv the term ~iiduciary" any trustee.
executor, administrator. receiver or
other fiduciary). 10 make any delivery
or distribution OF any property in the
IussesSion or control OF such tiducfary
and said flduciary shall appreheud
that there may be persons living I'M
known to such ilduciary who may be
entitled Ia shares hereof. or whose
rights wall he affected by such dis.
tributiun or delivery. said fiduciary
max apply by bin ar petition to the
Court OF Equity in the county OF city
ia which said fduciary resides OF has
his or its principal Office OF place OF
business praying the said Court To as
sumo jurisdiction over the said prop
egtv. and the distribution and delivery
thereof. uT II Court OF Equity al
ready has jurisdiction OF said prop
"rty. said application NAV be made TO
such Court All PERSONS known To
such iduciarN tn have any Interest In
said property shall be named or de-
Scrihed and made parties to the pro
cs~dinss and their interests 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 tiduciary ap-
prehcnds that there NAV be persons
living unknown 10 him or 10 who may
be interested In said property. or
whose rights would be affected by
said distribution or delivery, and as
near as practicable who such persons
NAV be supposed to be- And il shall
be- the duty Of the said Court To exam
iue said hill or petition and any pa
peTs filed herewith and upon being
satisfied that sufficient effort has been
made by such fiduciary to ascertain
whether there are such unknown per
sons. shall pass an order directing the
said fiduciarN To give notice BY publ
cation to such supposed unknown per
sons. whether they be residents or
non residents of this State. OF the sub
stance and object of said Bill or petit
ton. and warning them 10 appear by
day therein stated. which shall not
be less than ninety DAYS after the
passage oi said order. and said notice
shall be published for such length of
time as the Court may direct in some
newspaper. as In cases of notice by
publication To non residents. The de-
PENDANTS named in said Bill or Petition
shall be summoned. or II they be non
residents OF this State, shall be duly
notified by publication as In other
cases Of equity. And after the expira-
ton 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 fidu-
ciary shall make distribution or de-
livery OF said property. and il in the
opinion OF the said Court it shall he
doubtful whether or not there are I'M
known persons who are entitled TO
share or shares of said property. il
may in its discretion. require the
persons To whom il 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
IL shall prescribe. with the clerk of
the said court conditioned to make
restitution To such unknown person
0r persons of his. her or their shares
of said property when his. her or
their rights thereto shall be establish
I'll; or the said court may require said
iduciary to hold or transfer and de-
liver To a trustee or receiver TO be APP
pointed by il the share or shares to
which SuCh unknown person or per
sons would be entitled If in existence
o he held, and the income thereof &C
rumuIated for such time as the said
court NAV direct. in order to AFFORD
full opportunity for such unknown per-
son or persons to appear and assert
their rights, and may order the deliv-
cry or distribution thereof whenever
said unknown persons shall appear
and establish their rights thereto. or
when il 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 decree from time to time If
ii shall deem it necessary in cases OF
doubt as to the existence of persons
who may be entitled. but the discre-
ton of the said court as TO requiring
bond and deferring the passage of
said decree, and withholding and &C
cumulating shares, shall be subject
To review by the Court OF Appeals