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Session Laws, 1969
Volume 692, Page 108   View pdf image
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108                               LAWS OF MARYLAND                          [CH. 4

received, as evidenced by return through the post office of the return
receipt for such notice, or, after notice in writing from the said ad-
dressee of a change of address to his new address. If no return re-
ceipt is received apparently signed by the addressee, and there is
no proof of actual notice, no action taken in any proceeding under
this Article shall prejudice the rights of the person entitled to notice
unless proof is made by verified writing to the satisfaction of the
Court or Register that reasonable efforts to locate the addressee and
warn him of the pendency of the action have been made.

104.    Construction of Article.

(a)    Purposes. The purposes of this Article are to simplify the
administration of the estates of minors and disabled persons, to re-
duce the expenses of administration, to clarify the law governing the
estates of minors and disabled persons, and to eliminate certain pro-
visions of existing law which are archaic, often meaningless under
modern procedures, and no longer useful. This Article shall be lib-
erally construed and applied to promote its underlying purposes.

(b)    Severability. If any provision or clause of this Article, or
application thereof, to any person or circumstances is held invalid,
such invalidity shall not affect other provisions or applications of
the Article which can be given effect without the invalid provision
or application, and to this end the provisions of this Article are de-
clared to be severable.

105.    Jurisdiction of Subject Matter.

(a)    MinorsThe Orphans' Courts and the Circuit Courts shall
have concurrent jurisdiction over guardians of the person of any
minor and over protective proceedings for minors. Any matter initi-
ated in the Orphans' Court may, upon petition of any interested per-
son, be transferred to the Circuit Court.

(b)    Disabled PersonsThe Circuit Courts shall have exclusive
jurisdiction over protective proceedings for disabled persons.

106.    Powers of the Orphans' Courts.

The Orphans' Court shall have full power to secure the rights of
minors whose estates are being administered under its jurisdiction
by a guardian. The Orphans' Court shall not, under the pretext of
incidental power or constructive authority, exercise any jurisdiction
not expressly conferred by law.

107.    Enforcement; Rules of Court.

The Orphans' Court shall have the same legal and equitable powers
under this Article to effectuate its jurisdiction, punish contempts,
and carry out its orders, judgments and decrees as it has under Arti-
cle 93. The Maryland Rules for the summoning of a witness, and for
depositions and discovery, shall apply to all actions and proceedings
of the Orphans' Court in the same manner and with like effect as
they apply to the law and equity courts of this