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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1574   View pdf image (33K)
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1574 ARTICLE 33A

not less than thirty days nor more than forty days from the date of the
first publication of said order, and show cause why such property, or such
defendant's interest therein, should not be condemned as prayed in the
petition.
See. notes to sec. 15.

An. Code, 1924, sec. 3. 1912, sec. 3, 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 in-
terest therein, should not be condemned as prayed, and every defendant
against whom publication has been duly made, as hereinbefore provided,
shall file an answer within the time 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 pro-
vided or any extension thereof, as aforesaid, such defendant shall be re-
garded as in default, so far as the right of condemnation is concerned.

If any defendant summoned as aforesaid, or against whom publication
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 authorize the duly consti-
tuted guardian or committee of such infant, lunatic or person under dis-
ability, 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 guardian 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.
See notes to sec. 15.

An. Code, 1924, sec. 4. 1912, sec. 4. 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 proceedings 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 condemnation should be subject
to the rights of the public. See notes to sec. 1. Hyattsville v. Washington, etc.,
R. R. Co., 120 Md. 140.

An amendment under this section suggested. Brack v. Baltimore, 125 Md. 390.
And see Brack v. Baltimore, 128 Md. 434.

An. Code, 1924, sec. 5. 1912, sec. 5. 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 anwered or are
in default as aforesaid, and all defendants under legal disability have
answered by their guardians, committees or guardians ad litem, as herein-
before provided, the case shall be regarded as ready for trial, and, upon


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1574   View pdf image (33K)
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