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Session Laws, 1943
Volume 584, Page 506   View pdf image (33K)
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506 LAWS OF MARYLAND. [CH. 441

Court, personal service of such summons shall be made by con-
stable upon said tenant, assignee or under tenant in said
premises, or upon his or their known or authorized agent, 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 pur-
poses of this sub-division of this Article, be deemed and con-
strued a sufficient service.

752D. All cases brought under this Act shall be tried as
provided in Section 752 except in cases where summons have
been issued as provided in Sections 752A, 752B and 752C. All
cases tried in accordance with Sections 752A, 752B and 752C
shall be tried at such time as may be designated by the Court,
which shall be not less than two nor more than ten days after
the date of filing the complaint. The provisions of Sections
752A, 752B and 752C shall not operate unless and until the
judges of the People's Court have decided by unanimous vote
that it is impossible for the constables of the Court to serve
such notices in person due to the lack of adequate private
transportation facilities or other cause over which the Court
has no control.

752E. In all cases brought under this Act, where summons
is effected by registered mail service or by ordinary mail or by
ordinary mail special delivery, in accordance with the preced-
ing paragraphs hereof, a Judge of said People's Court may, in
his discretion, strike out the judgment of restitution of the
premises concerned, at any time within three days, exclusive of
legal holidays and Sundays, of the issuance of a warrant of
restitution on the judgment in such case; upon proof to his
reasonable satisfaction that the defendant has not received
due notice of the date fixed for trial of said suit.

752F. The filing of a complaint in summary ejectment
under this Act, the trial of said cause and the granting of a
judgment of restitution shall not preclude the plaintiff or the
owner of said premises from filing and maintaining an inde-
pendent suit for rent due and unpaid.

753. If, at the trial aforesaid, the Judge shall be satisfied
the interest of justice will be better served by an adjournment,
he may adjourn the trial for a period not exceeding three
days, except by consent of the parties, and if at said trial or
due adjournment as aforesaid, it shall appear to the satisfac-
tion of the Judge before whom said complaint has been tried
as aforesaid, that the rent or any part of the rent for said
premises is actually due and unpaid, then the said Judge shall

 

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Session Laws, 1943
Volume 584, Page 506   View pdf image (33K)
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