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Session Laws, 1941
Volume 582, Page 1432   View pdf image (33K)
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1432 LAWS OF MARYLAND. [CH. 813

Circuit Court is hereby authorized, either in vacation or term
time to enter judgment under this section where no affidavit
of defense is filed and to hear motion for judgment and to
enter judgment thereon where insufficient affidavits are filed
unless (1) the defendant files a demurrer as hereinafter pro-
vided to the declaration filed under this Act, or (2) the plain-
tiff and defendant in a case file a written agreement with the
Court stipulating that the time in which the defendant must
file a plea, affidavit of defense, or demurrer be extended.

If the defendant files a demurrer which is in accordance
with Section 9 of Article 75 of the Annotated Code of Mary-
land (1939 Edition) within twenty days after service of process
under this Act, then the affidavit of defense required here-
under need not be filed until after the hearing on demurrer,
but if such demurrer is overruled, said affidavit of defense
shall be filed not more than twenty days after the order of
Court overruling such demurrer.

If the plaintiff and defendant in any case brought under the
provisions of this Act file a written agreement with the court
stipulating that the time herein provided within which the
defendant must file a plea, affidavit of defense or demurrer be
extended, then such agreement shall be binding upon the plain-
tiff, the defendant, and the court. No provision of this Act
to the contrary shall be construed to deprive the court of
jurisdiction to try the case on its merits if the defendant files
his plea, affidavit of defense, or demurrer in compliance with
the provisions of such written agreement.

Notice shall be given at the bottom of the declaration and
in the summons in such cases where the plaintiff intends to
claim the benefits of this section.

SEC. 2. And be It -further enacted, That this Act shall take
effect June 1, 1941.

Approved May 2, 1941.

CHAPTER 813.
(House Bill 820)

AN ACT to repeal Sections 301 and 302 of Article 2 of the
Code of Public Local Laws of Maryland (1930 Edition),
title "Anne Arundel County", sub-section "Hawkers and
Peddlers", as the said sections were enacted by Chapter 608
of the Acts of 1939, and to enact two new sections in lieu
thereof, said new sections to be known as Sections 301 and
. 302, and to follow immediately after Section 300 of said

 

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Session Laws, 1941
Volume 582, Page 1432   View pdf image (33K)   << PREVIOUS  NEXT >>


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