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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 597   View pdf image (33K)
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ART. 33A] ANSWERS——AMENDMENTS. 597

1912, ch. 117. 1914, ch. 463, sec. 4.

3. Every defendant summoned shall, within ten days after the
return day to which he is summoned, and every defendant appearing
shall, within ten days after such appearance, file an answer showing
cause, if any he has, why the property mentioned in the petition, or
said defendant's interest therein, should not be condemned as prayed,
End every defendant against whom publication has been duly made, as
hereinbefore provided, shall file an answer within the lime limited in
such order of publication.

The Court shall have power, for good cause shown, to extend the
time for answering. In default of answer within the time hereinbefore
provided or any extension thereof, as aforesaid, such defendant shall
be regarded as in default, so far as the right of condemnation is con-
cerned.

If any defendant summoned as aforesaid, or against whom publica-
tion has been made as aforesaid, is under legal disability, by reason
of infancy, insanity or any other cause, the Court, upon the return of
said summons, or the expiration of the time limited in such order of
publication, upon the application of any party to said suit; shall author-
ize the duly constituted guardian or committee of such infant, lunatic
or person under disability, to appear, answer, and defend for him
within the times above specified, or if such defendant under disability
shall have no constituted guardian or committee, the Court shall, upon
application, appoint some suitable person as guardian ad litem to
appear, answer, and defend for such defendant under legal disability,
within the times above specified, and when such answer of such guar-
dian ad litem or committee for such defendant shall be filed, the case
as to such defendant shall be regarded as ready for further proceedings
for said condemnation as hereinafter provided.

1912, ch. 117. 1914, ch. 463, sec. 5.

4. The Court shall have the same power to permit amendments of
the petition, answers and other procedings as in other actions at law,
and all demurrers, motions and other proceedings therein, except as
otherwise herein provided, shall be disposed of in accordance with
the rules and practice in said Court now governing in the trial of other
civil cases at law.

When property is being condemned for a railroad crossing, the order of
court should limit the condemnation to such purpose, and the condemna-
tion should be subject to the rights of the public. See notes to section 1.
Hyattsville v. Washington, etc., R. R. Co., 120 Md. 140.

1912, ch. 117. 1914, ch. 463, sec. 6.

5. When all the defendants in said case who have been summoned
or published against, as hereinbefore provided, have either answered
or are in default as aforesaid, and all defendants under legal disability
have answered by their guardians, committees or guardians ad litem,
as hereinbefore provided, the case shall be regarded as ready for trial,

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 597   View pdf image (33K)
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