ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

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desire to have again and repossess any premises to which he is

entitled under the provisions of the preceding section of this act,

he, or his duly qualified agent or attorney, shall make his written

complaint under oath or affirmation, before any justice of the

peace of the city of Baltimore, and describing therein in general

terms the property sought to be had again and repossessed as

aforesaid, and also setting forth the name of the tenant to whom

the same is rented, or his assignee or under tenant or tenants,

with the amount of rent thereon due and unpaid; and praying by

warrant to have again and repossess the premises, together with

Proceed-

judgment for the amount of rent due and costs; and it shall

ings

thereupon be the duty of said justice of the peace forthwith to

issue his summons, directed to any constable of the city of Balti-

more, and ordering him to notify said tenant, assignee or under

tenant forthwith to appear before the said justice of the peace, at

the trial to be held on the second day after the filing said com-

plaint, to show cause why the prayer of said lessor should not be

granted as afoscsaid, and the said constable shall forthwith pro-

ceed to serve said summons upon said tenant, assignee or under

tenant in said premises, or upon his or their known or authorized

ageut, but if for any reason, neither said tenant, assignee or under

tenant, nor his or their agent can be found, then said constable

shall affix an attested copy of said summons conspicuously upon

said premises, and such affixing of said summons shall, for the

purposes of this act, be deemed and construed a sufficient service

upon all persons whomsoever.

SEC. 637. And be it enacted, That if at the trial on the second

day aforesaid, the justice of the peace shall be satisfied the interest

of justice will be better served by an adjournment to enable either

party to procure his necessary witnesses, be may adjourn the trial

for a period not exceeding one day, except by consent of all par-

ties, and if at said trial or due adjournment thereof as aforesaid,

it shall appear to the satisfaction of the justice of the peace before

whom said complaint has been made and tried as aforesaid, that

Trial.

the rent or any part of the rent for said premises is actually due

and unpaid, then the said justice of the peace shall give judg-

ment in favor of said lessor for the amount of rent found due

with costs of suit, and shall order that said tenant and all per-

sons claiming or holding by or under said tenant to yield and

render up possession of said premises unto said lessor, or unto his

his duly qualified agent or attorney within two days thereafter ;

provided, however, that if the said tenant, or some one for him,

shall at said trial or due adjournment thereof as aforesaid, tender

the rent found to be due and unpaid together with the costs of

said suit, the eaid complaint shall be entered satisfied and no fur-

ther proceedings shall be had thereunder.

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