EDWIN WARFIELD, ESQ:, GOVERNOR.

675

rights thereto, or when it 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 it shall deem it necessary
in cases of doubt as to the existence of persons who may
be entitled, but the discretion of the said court as to requiring
bond and deferring the passage of said decree and with-

CHAP. 373

holding and accumulating shares shall be subject to review
by the Court of Appeals; and any fiduciary making dis-
tribution or delivery of any property in obedience to such
decree or order shall be protected from any claim in respect
thereof by such unknown person or persons, his, her or
their heirs, personal representatives or assigns.

Section 200 B. And be it further enacted, That whenever

Subject to
review by
Court of
Appeals.

any fiduciary shall have property to distribute or deliver,
and there shall be persons entitled to shares thereof, or
whose rights therein will be affected by such distribution or
delivery, and such persons shall be known to such fiduciary
to be in existence, but it shall not be known to said fiduciary
whether said persons are residents of this State or not, or if
residents of this State where they may be served with the
process of the court, they may, by special leave of the court
upon good cause shown, be proceeded against as non-resi-
dents; and if their names be not known to such fiduciary,
they may be described as nearly as practicable.

Section 200 C. And be it further enacted, That the said

Proceeded
against as
non-
residents.

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 the court, and be paid out
of said property or such part thereof as the court shall
determine ought to bear the same.

Section 200 D. And be it farther enacted, That this Act

May assign
counsel to
protect
interest of
unknown
person.

and the three preceding sections thereof shall not be
interpreted 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 substitution 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.

How to be
interpreted.