2388 ARTICLE 75.

demised premises; or in case the same cannot be legally served, or no tenant
be in actual possession of the premises, then he shall affix the same upon
the door of any demised messuage, 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 man-
ner 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 judgment 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 as-
signee, and all other persons claiming and deriving under the said lease
shall be barred and foreclosed from all relief or remedy in law or equity
than by bringing error or appeal for reversal of such judgment, in case
the same shall be erroneous; and the said lessor or landlord shall from
thenceforth hold the said demised premises discharged from such lease;
and if, on such ejectment, a verdict shall pass for the defendant, or the
plaintiff shall be non-suited therein, then, and in every such case, the defen-
dant shall have and recover his costs; provided that nothing herein con-
tained shall extend to bar the right of any mortgagee of such lease, or
any part thereof, who shall not be in possession, so as such mortgagee shall
and do, within six calendar months after such judgment obtained and
execution executed, pay all costs and damages sustained by such lessor or
person entitled to the remainder or reversion as aforesaid, and perform
all the covenants and agreements which, on the part and behalf of the
first lessee, are and ought to be performed.

In a proceeding under this section, rent falling due subsequent to filing of declara-
tion cannot be recovered, gua rent; such rent may, however, be considered in fixing
plaintiff's damages. The right to rent and taxes due prior to filing of declaration is
not extinguished by action of ejectment. As this section does not provide what
shall be included in declaration, sec. 76 must be looked to for that purpose; declara-
tion held sufficient. Not only plaintiff's right of possession, but damages and mesne
profits may be recovered under this section as well as under sec. 76. Res adjudicata.
History of this section. Gibbs v. Didier, 125 Md. 493.

This section is a modification of second section of statute of 4 George II, ch. 28,
providing how and in what manner process shall be served. The fourth section of
last named statute is in force in Maryland and has not been modified; discontinuance
of proceeding under latter section upheld. Chesapeake Realty Co. v. Patterson,
138 Md. 248.

This section is a substantial re-enactment of second section of statute of 4 George
II, ch. 28. The latter statute applies to a perpetual lease and dispenses with a