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Session Laws, 1943
Volume 584, Page 1351   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1351

the cause shall proceed against him by publication under
order of the court as hereinafter provided.

90E. AFFIDAVIT OF SEARCH. Every bill of complaint to
foreclose the right of redemption filed against an unknown
owner as hereinbefore provided shall have attached thereto an
affidavit by the person making the search that the owner or
owners of the property or a part thereof are unknown, al-
though a complete search of the records as aforesaid, for a
period of at least forty years immediately prior to the institu-
tion of the suit has been made.

90F. SERVICE OF NOTICE. Upon the filing of the bill of
complaint, the court shall issue its subpoena for all parties
defendant named in the said bill who are residents of this
State and upon such bill the same process by summons, notice
or otherwise shall be had to procure the answer and appear-
ance of all such defendants as is had in other cases in equity,
except as otherwise provided in this subtitle. The subpoena
shall warn all parties named as defendant to appear in court
on or before a certain day named in said subpoena, which day
shall be not less than sixty days from the day on which the
bill of complaint was filed, to answer the said bill or to re-
deem the property and shall contain a statement that in case
of failure to do so, a final decree will be rendered foreclosing
all rights of redemption in the property. Provided that in all
cases where two successive subpoenas against a named de-
fendant have been returned non est or upon the return of one
subpoena non est and proof by affidavit -that a defendant has
kept out of the way or has secreted himself to avoid service
of the subpoena, or whose whereabouts may be unknown, such
defendant shall be deemed to be served by the publication
issuing under the provisions of the succeeding sections as if
he were a non-resident.

90G. NOTICE BY PUBLICATION. At the same time the sub-
poena is issued in accordance with the provisions of the pre-
ceding section, the court shall order the issuance of an order
of publication directed to all parties defendant, known and
unknown, naming the known parties defendant and including
the unknown parties defendant and all other persons having
an interest in the property by the designations hereinbefore
provided for. The order of publication shall issue in the
manner now, or which may be hereafter prescribed by law, for
the issuance of an order of publication against non-residents
except as otherwise provided for in this subtitle, and shall be
published and the publication thereof proved as in cases of
orders of publication against non-residents. The property

 

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Session Laws, 1943
Volume 584, Page 1351   View pdf image (33K)
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