HERBERT R. O'CONOR, GOVERNOR. 1537

SECTION 1. Be it enacted by the General Assembly of
Maryland, That thirteen new sections be and they are
hereby added to Article 16 of the Annotated Code of Mary-
land (1939 Edition), title "Chancery", to be under new
sub-title "Uniform Absent Persons Act", said new sections
to be known as Sections 280A to 280M, to follow imme-
diately after Section 280 of said Article, and to read as,
follows:

UNIFORM ABSENT PERSONS ACT

280A. (1) Death Not to be Presumed from Mere
Absence. In any proceeding under this sub-title where the
death of a person and the date thereof, or either, is in is-
sue, the fact that he has been absent from his place of resi-
dence, unheard of for seven years, or for any other period
creates no presumption requiring the Court or the jury to
find that he is now deceased. The issue shall go to the
Court or jury as one of fact to be determined upon the
evidence.

(2) Exposure to Specific Peril to be Considered m
Every Case. If during such absence the person has been
exposed to a specific peril of death, this fact shall be con-
sidered by the Court; or if there be a jury, shall be suffi-
cient evidence for submission to the jury.

280B. Insurance Policy Provisions Invalid.

(1) No provision concerning the effect to be given to
evidence of absence or of death in any policy of life or acci-
dent insurance or in the charter or by-laws of any mutual
or fraternal insurance association hereafter executed or
adopted, shall be valid.

(2) When any such policy, charter or by-laws here-
after executed or adopted contains a provision requiring
a beneficiary to bring suit upon a claim of death within
one year or other period after the death of the insured, and
the fact of the absence of the insured is relied upon by the
beneficiary as evidence of the death, the action may be be-
gun, notwithstanding such provision in the policy or char-
ter or by-laws, at any time within the statutory period of
limitation for actions on contracts in writing dating from
the date of the giving of written notice of such absence
to the insurer, which notice shall be given within one year
from the date when the beneficiary last heard of the absent
insured. If such notice is not given, then the statutory
period runs from the time when the absent person was
last heard of by the beneficiary.

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