MARVIN MANDEL, Governor                                      87

JURISDICTION/SPECIAL CAUSES OF ACTION.
SUBTITLE 1. ABSENT PERSONS.
SEC. 3-101. DEFINITIONS.

(A)   IN GENERAL.

IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED.

(B)   ABSENTEE.

"ABSENTEE" MEANS A PERSON WHO HAS DISAPPEARED.

(C)   COURT.

"COURT" MEANS A COURT HAVING JURISDICTION UNDER
ARTICLE 93A, §105 (B) .

REVISOR'S NOTE: This section is new language. It
reflects the commission's decision to
propose for repeal all provisions which
deal with receivership for absent persons
and substitute the more modern and
comprehensive provisions of Art. 93A which
deal with protection of property of minors
and disabled persons. Art. 93A, §202 (b)
defines "disabled person" to include a
person who has disappeared.

SEC. 3-102. PRESUMPTION OF DEATH.

IF THE DEATH OF A PERSON OR THE DATE OF HIS DEATH
IS AT ISSUE, HE IS NOT PRESUMED DEAD IN ANY
PROCEEDINGS UNDER THIS SUBTITLE OR UNDER ARTICLE 93A
MERELY BECAUSE HE HAS BEEN ABSENT FROM HIS PLACE OF
RESIDENCE AND NOT HEARD ABOUT FOR ANY STATED PERIOD OF
TIME. THE ISSUE SHALL GO TO THE COURT AS ONE OF FACT
TO BE DETERMINED UPON THE EVIDENCE. IF DURING HIS
ABSENCE THE PERSON HAS BEEN EXPOSED TO A SPECIFIC
PERIL OF DEATH, THIS FACT SHALL BE CONSIDERED BY THE
COURT .

REVISOR'S NOTE: This is the substance of Art. 16,
§200. The designation of the period "of
seven years" is proposed for deletion as
unnecessary and confusing. At common law,
as opposed to this statute, the unexplained
absence of a person from his residence
without having been heard from for seven