The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1906-05-18
PUBLIC GENERAL LAWS.

the term "fduciary," any trustee, ex-
| ecutor, administrator, receiver, or 9TH
! er hduciary), to make any delivery or
| distribution 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 f1duciary may apply by
| bill or petition to the Court of Equity
in the county or city in which said
| fiduciary resides or has his or it's 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 jur-
isdtction of said property, said applica-
ton may be made to such Court. All
persons known to such flduciary 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, and
there shall be statement in the bill or
petition, by which said application to
the Court is made, showing why such
iduciary 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 SalQ Dill or petlIiOn, ana any
papeEs fled 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 dduciary 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 a 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
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
publication as in other cases in equity.
And after the expiration of said period
fixed in said order, for the appearance
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. 1T shall be doubtful whether or
not there are unknown persons who
are entitled to a share or shares Of
said property. 1t may, in its discretion.
direct the distribution or delivery
thereof to be made to file a bond or
bonds to the State of Maryland in such
penalty as 1t 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
anfiflnd vii IN he
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
distribution thereof whenever said I'M
known persons shall appear and eS-
tablish their rights thereto, or when
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 1t shall deem
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
shall be subject to review by the Court
of Appeals. And any f1duciary 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 fiduciary
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
tribution or delivery. and such persons
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 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
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-
ceding 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
tuition for any other existing remedy.
Sec g. And be 1t further enacted,
That this Act shall take effect from the
date of it's passage.
Approved April 3, 1906.
EDWIN WAKEFIELD,
Governor.
JOSEPH B. SETH,
President of Senate.