1498 LAWS OF MARYLAND. [CH. 850

to be named in said order, not more than ten days from the
day of the filing of said petition. If any defendant be not
summoned before the return day of said summons, the sum-
mons shall be renewed forthwith and be made returnable in
not more than ten days from the date it is issued; if any
defendant is twice returned non est, or is non-resident or un-
known, the Court shall order the sheriff to set up a copy of
the summons for such defendants upon the property, and to
publish a notice of such suit once a week for two successive
weeks in a newspaper published in the county where said
property is situated, or, if the proceedings be in Baltimore
City, in one daily newspaper published in said city, requiring
such defendants to appear in the said court on or before a
certain day to be named in the order, said day to be not less
than fifteen days nor more than twenty 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.

18B. When all the defendants in said case who have been
summoned or published against, as hereinbefore provided,
have either answered or are in default as aforesaid, and all
defendants under legal disability have answered by their
guardians, committees or guardians ad litem, as hereinbefore
provided, the case shall be regarded as ready for trial, and,
upon the application of any party to said suit, the Court shall
forthwith set an early date to be especially fixed by it, not
less than five nor more than ten days from the date of said
application, for the trial of the issues of law and fact raised
in said case, and the ascertainment of the compensation or
damages to be awarded to the defendants in case it shall be
determined that the land sought by the petitioner shall be
condemned.

18C. Upon the filing of a motion for a new trial, or in
arrest of judgment by any defendant in a case in which the
petitioner is the State Roads Commission, the petitioner may
tender to such defendant or defendants the amount of the
compensation and damages awarded by the Jury, and the
costs of the case, and if any such defendant or defendants
shall refuse to accept such tender of said compensation, dam-
ages and costs then such petitioner may pay the same in to
said court into the hands of the clerk thereof for the use of
such defendant or defendants so filing said motion for a new
trial, or in arrest of judgment, and to be thereafter paid over
by such clerk to said defendant or defendants at any time such
defendant or defendants will accept and receive the same, and
upon such tender and refusal, and upon said payment into