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Session Laws, 1908 Session
Volume 483, Page 13   View pdf image (33K)
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ACT. 16. ] CHANCERY. 13

some other person or persons or corporation, then if, in the pro-
ceeding hereinafter provided for, or in any other suit or action,
said condition or conditions shall be held to be too remote
(under the rule against perpetuities) to be operative, or if it be
held that there is no right of entry, on the breach of such condi-
tion or conditions, in the person or persons or corporation to
which said property is limited over as aforesaid, or that said
limitation over is too remote, and if in consequence thereof the
corporation aforesaid in which said property shall be vested
would be able but for this Act to hold said property and disre-
gard the conditions or terms on which the gift, devise or be-
quest was made, in all such cases the court or courts of equity
having jurisdiction in the place where said property shall be
located, or in the county or city in which the principal office or
place of business of said educational or charitable corporation
first mentioned in this section is located, shall have full power
and authority, in its discretion, to enforce compliance by said
corporation with said conditions or terms of gift, devise or be-
quest, so that it may not be in the power of said corporation to
continue to hold said property without also complying with
said condition, conditions or terms.

SEC. 2. And be it further enacted, That in any instance afore-
said, any relative of the testator, or of the grantor or donor,
if such grantor or donor be deceased in the name of such rela-
tive or the grantor or donor, if living in his own name, or the
State's Attorney for the county or city in which one of the
courts of equity aforesaid has jurisdiction, as aforesaid, in the
name of the State of Maryland, may file and prosecute a bill
or bills in equity to procure the passage of such decree or de-
crees, order or orders, as may be necessary or appropriate to
the enforcement or compliance with said condition, conditions
or terms, and that it shall be the duty of the State's Attorney
aforesaid, after notice to him of disregard or non-compliance
of such corporation with said condition, conditions or terms,
to proceed as aforesaid, unless said grantor or donor be living,
or unless a relative of said testator or of a deceased grantor
or donor shall file and bona fide prosecute such bill or bills,
and that the costs and expenses of such proceedings shall be
borne by said corporation.

SEC. 3. Be it further enacted, That nothing contained in this
Act is intended as, or shall be taken to be, an interpretation of
existing law.

SEC. 4. And be it further enacted, That this Act shall take
effect from the date of its passage.

Approved March 23, 1908.

 

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Session Laws, 1908 Session
Volume 483, Page 13   View pdf image (33K)
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