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Session Laws, 1985
Volume 760, Page 541   View pdf image
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HARRY HUGHES, Governor

541

PERSON IS ENTITLED SHALL BE HELD BY THE COLLECTOR IN A SPECIAL
FUND FOR AT LEAST 3 YEARS. DURING THAT PERIOD THE COLLECTOR
SHALL MAKE EVERY REASONABLE EFFORT TO LEARN THE -IDENTITY OF THE
PERSON, OR TO LEARN THE PERSON'S ADDRESS, AS THE CASE MAY BE, BY
NOTICE PUBLISHED AT THE COURTHOUSE DOOR, CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES
POSTAL SERVICE, ADDRESSED TO THE PERSON'S LAST KNOWN ADDRESS,
PERSONAL INQUIRY, OR BY ANY OTHER REASONABLY POSSIBLE MEANS FOR
DETERMINING THE NAME OR THE ADDRESS OF THE PERSON.

(B)  ORDER OF FORFEITURE AT END OF 3-YEAR PERIOD.

IF AT THE END OF THE 3-YEAR PERIOD THE PERSON STILL IS
UNKNOWN OR UNLOCATED, THE COLLECTOR MAY APPLY TO THE CIRCUIT
COURT FOR THE COUNTY, FOR AN ORDER DECLARING THAT THE MONEYS
SHALL BE FORFEITED AND BECOME THE PROPERTY OF THE COUNTY OR
MUNICIPAL CORPORATION. THE COURT SHALL DETERMINE ON INQUIRY THAT
ALL PROPER AND REASONABLE EFFORT HAS BEEN MADE BY THE COLLECTOR
TO- DETERMINE THE NAME OR ADDRESS OF THE PERSON, AND IF THE COURT
IS SATISFIED, IT SHALL PASS AN ORDER DIRECTING THAT THE MONEYS
SHALL BE FORFEITED AND BECOME THE PROPERTY OF THE COUNTY OR
MUNICIPAL CORPORATION.

(C)  PAYMENT INTO GENERAL FUNDS OF COUNTY OR CITY.

THE MONEYS SHALL THEN BE PAID INTO AND BE PART OF THE
GENERAL FUNDS OF THE COUNTY OR MUNICIPAL CORPORATION AND MAY BE
EXPENDED FOR ANY PROPER PURPOSE OF THE COUNTY OR MUNICIPAL
CORPORATION.

(D)  APPEARANCE OF OWNER WITHIN 7-YEAR PERIOD -- IN GENERAL.

IF WITHIN 7 YEARS FROM THE TIME OF THE ORDER OF FORFEITURE A
PERSON APPEARS BEFORE THE CIRCUIT COURT AND SEEKS AN ORDER FOR
THE PAYMENT OF THE MONEYS, AND IF THE COURT DETERMINES THAT THE
PERSON IS THE PROPER PERSON TO RECEIVE THE MONEYS AND IS THE
PERSON WHOM THE COLLECTOR WAS NOT ABLE TO IDENTIFY OR LOCATE, THE
COURT BY ORDER SHALL DIRECT THE COUNTY OR MUNICIPAL CORPORATION
TO REPAY THE MONEYS TO THE PERSON, WITHOUT INTEREST.

(E)  SAME -- ORDER FOR REPAYMENT.

ON RECEIVING THE ORDER, THE COUNTY OR MUNICIPAL CORPORATION
SHALL PROVIDE FOR THE REPAYMENT OF THE MONEYS FROM ITS GENERAL
FUNDS. A REPAYMENT ORDER MAY NOT BE DIRECTED TO THE COUNTY OR
MUNICIPAL CORPORATION AFTER THE 7-YEAR PERIOD EXPIRES.

REVISOR'S NOTE: This section formerly appeared as Art. 81,
§ 82(a) through (e).

In this section and throughout this subtitle, the word
"circuit" is substituted for the former word "equity",
for clarity. Accordingly, in subsection (b) of this
section, the former references to "the equity courts
of Baltimore City" are deleted as unnecessary in light

 

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Session Laws, 1985
Volume 760, Page 541   View pdf image
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