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Session Laws, 1957
Volume 640, Page 541   View pdf image (33K)
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Theodore R. McKeldin, Governor                    541

adverse claimant or claimants, or the person or persons who, it is
claimed, has or have some hostile outstanding right, be a nonresident
or nonresidents, the provisions of article 16, Sec. 148, of the An-
notated Code of Maryland (1951 Edition) shall apply to such pro-
ceedings]; provided, however, that the only relief sought in said
proceedings be a decree that the plaintiff has absolute ownership,
and the right of disposition, of said lands, and an injunction against
the assertion by the persons named as parties defendant of their
said claim by any action at law, or otherwise; and it is further
provided, that any person who appears of record, or claim or is
claimed to have any such hostile outstanding right, shall be made a
defendant in said proceedings [; and that it is further provided,
that the provisions of article 16, Sec. 155, of the Annotated Code of
Maryland (1951 Edition), shall apply as to such defendants].

150. In all cases in chancery where a [non compos mentis, or]
person paralyzed or totally disabled or incapacitated to such an
extent that he is incapable of managing his affairs, owns property
in this State and is a nonresident, and a guardian, committee, trustee,
conservator or other fiduciary has been appointed for said [lunatic
or] person in a foreign jurisdiction, either with respect to his real
or personal property, and has qualified under the authority of a
competent tribunal in said foreign jurisdiction, an exemplified copy
of such qualification and appointment shall be full proof in the
courts of this State of the legality of the appointment and qualifica-
tion of such guardian, committee, trustee, conservator or other
fiduciary, and the court, upon a bill or petition of such guardian,
committee, trustee, conservator or other fiduciary, shall order a sale
or sales of the property of such [non compos mentis, or] person
located within this State, if it shall appear to the court to be for the
best interest of such [non compos mentis, or] person, either at public
or private sale, but before a confirmation of such sale shall be made
it shall affirmatively appear to the court that a notice to creditors, in
the usual form followed in equity, to file claim, if any they have, has
been given by public notice in one or more newspapers published in
the city or county where the property lies, for at least thirty days,
and in all other matters and things the usual practice as to sales in
equity shall be followed. After the audit has been stated and con-
firmed the court shall, upon proper application by the guardian, com-
mittee, trustee, conservator or other fiduciary, direct that the net
proceeds of any sale or sales be transferred to the foreign jurisdiction
wherein the [non compos mentis, or] person resides and the guard-
ian, committee, trustee, conservator or other fiduciary was appointed.

Sec. 9. And be it further enacted by the General Assembly of
Maryland,
That Sections 1, 33 34 and 42 of Article 17 of the Anno-
tated Code of Maryland (1951 Edition), title "Clerks of Courts", sub-
title "General Duties of Clerks"; and Section 57 of Article 17 of
the Annotated Code of Maryland (1951 Edition), title "Clerks of
Courts", sub-title "Clerk of Court of Appeals", be and they are
hereby repealed and re-enacted, with amendments, to read as follows:

1. Every clerk shall have the custody of the books and papers
pertaining to his office, and shall carefully keep current and pre-
serve the same; he shall file all papers delivered to him to be filed,
and shall record all judgments, decrees, deeds and writings which by
law are required to be recorded in the office of which he is clerk;

 

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Session Laws, 1957
Volume 640, Page 541   View pdf image (33K)
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