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Session Laws, 1966
Volume 678, Page 1011   View pdf image (33K)
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J. MILLARD TAWES, Governor                     1011

introduce such evidence as may be proper in the premises. [The
court may affirm, reverse, or modify the order appealed from, or
remand the case to the Board for further proceedings as may be re-
quired.] An appeal may be taken from the decision of the court
hearing said appeal to the Court of Appeals of Maryland by any
party to the proceedings in the same manner as other appeals are
taken from decrees or orders of courts.

Sec. 3. And be it further enacted, That a new Section 59 be
added to Article 75 of the Annotated Code of Maryland (1965 Re-
placement Volume), title "Pleadings, Practice and Process at Law",
subtitle "III. Practice", to be under a new subheading "Detinue", to
follow immediately after Section 56 thereof, and to read as follows:

59.

Whenever in detinue there shall be a judgment in the alternative
for the return of chattels or the payment of their value, the judg-
ment for the return or delivery of the goods may be enforced by a
writ in the nature of a writ of capias in withernam, and by attach-
ment of the party or parties adjudged to return or deliver the same,
or either, unless the court, on good cause shown, shall otherwise
order, or unless the party or parties entitled to such return or de-
livery shall agree of record to accept the value of the chattels as
ascertained by the judgment in lieu of such return or delivery, but
nothing herein contained shall prevent the party entitled to such
judgment from having his execution besides for the damages, if
any, given for the detention and his costs, and every judgment in
detinue, and every verdict therein shall ascertain separately the
value of the goods and chattels and the damages, if any, for their
detention.

Sec. 4. And be it further enacted, That a new Section 272A be
added to Article 93 of the Annotated Code of Maryland (1964 Re-
placement Volume and 1965 Supplement), title "Testamentary Law",
subtitle "Orphans' Court", to follow immediately after Section 272
thereof, and to read as follows:

272A.

If a nonresident non compos mentis, declared to be such by a
court of competent jurisdiction in the foreign jurisdiction in which
such non compos mentis resides, shall be entitled to any legacy, be-
quest or distributive share of any estate administered by an orphans'
court, and such non compos mentis has had a fiduciary, whether a
trustee, committee, conservator or otherwise, regularly appointed
where he or she resides, such foreign fiduciary may, upon applica-
tion by petition to the orphans' court, obtain an order for the pay-
ment, transfer, or delivery of such legacy, bequest or distributive
share to such foreign fiduciary; provided the petition of such foreign
fiduciary shall set forth the entire amount of the property of such
non compos mentis, including the property in this State of such
non compos mentis, and shall be accompanied by duly authenticated
copies of the decree adjudicating such person a non compos mentis,
and of such fiduciary appointment and qualification and of the bond
or other security given by such fiduciary, and shall be verified by
affidavit, and the sufficiency of the security shall be certified to by


 

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Session Laws, 1966
Volume 678, Page 1011   View pdf image (33K)   << PREVIOUS  NEXT >>


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