ART. 75] EJECTMENT. 1667

An instruction which Informs the Jury as to the legal effect of a plea of
"not guilty", is proper. Wallis v. Wilkinson, 73 Md. 131.

The act of 1872, ch. 346, only authorizes a Judgment by default against
certain defendants where others have appeared and made defense, so that
as against them the trial can proceed. Judgment by default held to be
unauthorized. Old ejectment practice. The act of 1872, ch. 346, criticised.
MacKenzle v. Renshaw, 55 Md. 296.

For cases involving the recovery of mesne profits prior to the act of 1872,
ch. 346, see Tongue v. Nutwell, 31 Md. 302; Mitchell v. Mitchell, 21 Md. 585.

See sec. 22.

1904, art. 75, sec. 72. 1900. ch. 559, sec. 69 A.

72. An outstanding mortgage shall not prevent the real owner as
mortgagor of said property from maintaining an action of ejectment,
against any person or persons other than the mortgagee, or his, her or
their assigns.

See notes to sec. 71.

Ibid. sec. 73. 1888, art. 75, sec. 70. 1872, ch. 346, sec. 2.

73. In all cases between landlord and tenant, as often as it shall
happen that one-half year's rent shall be in arrear and the landlord or
lessor to whom the same is due hath right by law to re-enter for the
non-payment thereof, such landlord or lessor shall and may, without
any formal demand or re-entry, serve a copy of a declaration in eject-
ment for the recovery of the demised premises; or in case the same
cannot be legally served, or 110 tenant be in actual possession of the
premises, then he shall affix the same upon the door of any demised mes-
suage, or in case such action of ejectment shall not be for the recovery of
any messuage, then upon some notorious place of the lands, tenements
or hereditaments comprised in such declaration in ejectment; and such
affixing shall be deemed legal service thereof, which service or affixing
such declaration in ejectment shall stand in the place and stead of a
demand and re-entry; and in case of judgment against the defendant
for non-appearance, if it shall be made to appear to the court where
said suit is depending, by affidavit, or be proved upon the trial in case
the defendant appears, that half a year's rent was due before the said
declaration was served and no sufficient distress was to be found on the
demised premises countervailing the arrears then due and that the
lessor or landlord had power to re-enter, then and in every such case
the lessor or landlord shall recover judgment and execution in the same
manner as if the rent in arrear had been legally demanded and a
re-entry made; and in case the lessee or his assignee, or other person
claiming or deriving under the said lease shall permit and suffer judg-
ment to be had and recovered on such trial in ejectment and execution
to be executed thereon, without paying the rent and arrears, together
with full costs, and without proceeding for relief in equity within six
calendar months after such execution executed; in every such case the
said lessee, his assignee, and all other persons claiming and deriving
under the said lease shall be barred and foreclosed from all relief or rem-
edy in law or equity than by bringing error or appeal for reversal of such