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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 739   View pdf image (33K)
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LICENSES. 739

force and validity (except as hereinafter provided) as if served on him,
them or it/personally. Service of such persons shall be made by leaving
a copy of the process with a fee of $2. 00 in the hands of the Secretary of
State or in his office, and such service shall be sufficient service upon the
said non-resident individual, firm or corporation, and of full force and
effect in any court and before any Justice of the Peace of this State;
provided that notice of such service and a copy of the declaration, cause of
action or titling shall forthwith be sent by registered mail by the plaintiff
or his attorney to the defendant and the defendant's return receipt, and
the plaintiff's or his attorney's affidavit of compliance herewith shall be
filed with the Clerk of the Court or before the Justice of the Peace in which
the said proceedings are pending; and when a declaration, cause of action
or titling in any such action shall have been filed in Court or before a
Justice of the Peace and service of process made upon the Secretary of
State, and notice thereof and a copy of said declaration, cause of action
or titling sent to the defendant, and the defendant's return receipt, to-
gether with the affidavit of compliance, filed with the Clerk of the Court
or before the Justice of the Peace as hereinabove provided, the defendant
shall plead to said declaration, cause of action or titling within sixty days
from the date of delivery of said notice of service and copy of the declara-
tion, cause of action or titling noted upon said return receipt; and if the
defendant shall fail to so plead, judgment by default shall be entered
against him by the Court or Clerk thereof or the Justice of the Peace, upon
motion in writing made by the plaintiff or his attorney, at any time there-
after, before the defendant shall have pleaded, unless the Court, or the
Justice of the Peace for good reasons, shall have granted said defendant
further time to plead; and upon such entry of judgment, the plaintiff may
forthwith sue out his writ of inquiry, or otherwise enter up final
judgment, according to the course of the court. The court, or the Justice
of the Peace in which the action is pending may order such continuances
as may be necessary to afford the defendant a reasonable opportunity to
defend the action. The fee of $2. 00 paid by the plaintiff to the Secretary
of State at the time of service shall be taxed in the costs of the proceedings
and the Secretary of State shall keep a record of all such processes which
shall show the day and hour of service, and he shall account for all funds
so coming into his hands from such services, to the proper officer or
department of this State.

Act of 1929, ch. 254, invalid on account of provisions as to notice (corrected

in later act). Grote v. Rogers, 158 Md. 685.

Failure to give non-resident notice as provided by this and succeeding section

waived by general appearance on behalf of defendant. Wagner v. Scurlock, 166

Md. 293.

1929, ch. 254, sec. 2. 1931, ch. 70, sec. 190B. 1933, ch. 288, sec. 190B.
190B. The following form of notice, to the defendant, as prescribed
by Section 190A of this Article, shall be sufficient:

To.................................. Defendant.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 739   View pdf image (33K)
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