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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2364   View pdf image (33K)
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2364 ARTICLE 56

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 judg-
ment, 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 depart-
ment of this State.

Return receipt of notice signed by defendant or his agent is sufficient notice under
this section. Assurance Corp. v. Perkins, 169 Md. 269.

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.

See notes to sec. 187.

1939, ch. 372.

189. The provisions of Sections 188 and 190 of this Article shall apply
in any action or proceeding against the personal representatives, executor,
administrator, committee or otherwise, of a non-resident when such action
or proceeding arises out of any accident or collision in which said non-
resident may have been involved.

1929, ch. 254, sec. 2. 1931, ch. 70, sec. 190B. 1933, ch. 288, sec. 190B.

190. The following form of notice, to the defendant, as prescribed by
Section 188 of this Article, shall be sufficient:

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

You are hereby notified that suit has been filed against you by......

.......................... Plaintiff, in the................ Court,

................... State of Maryland, or before a Justice of the Peace

in the..................election district of................... County,

Maryland, (or before the Justice of the Peace at large for said County or


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2364   View pdf image (33K)
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