J. MILLARD TAWES, Governor 379
articles or personal property of patients or inmates of any State
hospital; and removing from said section all references to its
application to training schools.
Section 1. Be it enacted by the General Assembly of Maryland,
That Section 45 of Article 59 of the Annotated Code of Maryland
(1957 Edition), title "Lunatics and Insane," subtitle "Department
of Mental Hygiene," be and it is hereby repealed and re-enacted with
amendment, AMENDMENTS, to read as follows:
45.
(a) Any funds, valuable articles or personal property belonging
to any deceased or escaped patient or inmate of any State hospital
[or training school] remaining in the possession of the governing
authorities of such hospital [or training school] and unclaimed by
the person or persons having legal claim thereto for three years ONE
YEAR THREE YEARS after the death or escape of such patient or
inmate shall escheat to the State. The governing authorities of any
State hospital [or training school] having such funds, valuable
articles or personal property in their possession for at least three
years after the death or escape of the patient or inmate to which they
belong shall make a diligent and reasonable effort to locate and pay
such funds to the person or persons having legal claim thereto; and
if a diligent and reasonable effort to locate and pay such funds,
valuable articles or personal property to the person or persons hav-
ing legal claim thereto does not disclose any claimants, the govern-
ing authorities of the State hospital [or training school] shall pay
or turn over such funds, valuable articles or personal property to the
State Treasurer for the general use of the State after deducting the
amount owed, if any, by or for such patient or inmate to such State
hospital [or training school].
(b) No action at law or in equity shall be maintained against the
governing authorities of any State hospital [or training school] for
or on account of any funds, valuable articles or personal property
belonging to any deceased or escaped patient or inmate of such
hospital [or training school] after the expiration of three years
after the death or escape of such patient or inmate; provided that
this subsection shall not be construed so as to deprive the governing
authorities of any State hospital [or training school] of any defense,
counterclaim or setoff available to them in any such action at law
or in equity, brought within the aforesaid three year period, including
the defense of governmental immunity.
Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1963.
Approved March 29, 1963.
CHAPTER 214
(House Bill 123)
AN ACT to repeal and re-enact, with amendments, Section 22 (b)
of Article 66B of the Annotated Code of Maryland (1957
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