Ch. 838                          MARVIN MANDEL, Governor                              1721

(B)  IF WRITTEN CONSENT OF THE DONOR CANNOT BE OBTAINED
BY REASON OF HIS DEATH, DISABILITY, UNAVAILABILITY, OR
IMPOSSIBILITY OF IDENTIFICATION, THE GOVERNING BOARD MAY
APPLY IN THE NAME OF THE INSTITUTION TO THE CIRCUIT
COURT OF A COUNTY OR TO AN EQUITY COURT OF BALTIMORE
CITY, DEPENDING UPON THE LOCATION OF THE OFFICE OF THE
GOVERNING BOARD, FOR RELEASE OF A RESTRICTION IMPOSED
BY THE APPLICABLE GIFT INSTRUMENT ON THE USE OR
INVESTMENT OF AN INSTITUTIONAL FUND. THE ATTORNEY
GENERAL SHALL BE NOTIFIED OF THE APPLICATION AND GIVEN
AN OPPORTUNITY TO BE HEARD. IF THE COURT FINDS THAT THE
RESTRICTION IS OBSOLETE, INAPPROPRIATE, OR IMPRACTICABLE,
IT MAY BY ORDER RELEASE THE RESTRICTION IN WHOLE OR IN
PART. A RELEASE UNDER THIS SUBSECTION MAY NOT CHANGE
AN ENDOWMENT FUND TO A FUND THAT IS NOT AN ENDOWMENT
FUND.

(C)  A RELEASE UNDER THIS SECTION MAY NOT ALLOW A FUND
TO BE USED FOR PURPOSES OTHER THAN THE EDUCATIONAL,
RELIGIOUS, CHARITABLE, OR OTHER ELEEMOSYNARY PURPOSES
OF THE INSTITUTION AFFECTED.

(D)  THIS SECTION DOES NOT LIMIT THE APPLICATION OF THE
DOCTRINE OF CY PRES.

13.  SEVERABILITY.

IF ANY PROVISION OF THIS SUBTITLE OR THE APPLICATION
THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID,
THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THE SUBTITLE WHICH CAN BE GIVEN EFFECT
WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO
THIS END THE PROVISIONS OF THIS SUBTITLE ARE DECLARED
SEVERABLE.

14.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.

THIS SUBTITLE SHALL BE SO APPLIED AND CONSTRUED AS TO
EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE LAW
WITH RESPECT TO THE SUBJECT OF THIS SUBTITLE AMONG THOSE
STATES WHICH ENACT IT.

15.  SHORT TITLE.

THIS SUBTITLE MAY BE CITED AS THE "UNIFORM
MANAGEMENT OF INSTITUTIONAL FUNDS ACT."

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 24, 1973.