96 LAWS OF MARYLAND. [CH. 121

716L. Within thirty days after the entry of any judgment
in the People's Court on any confessed judgment note, any
Judge may, in his discretion, strike out said judgment upon
such terms and conditions, including a trial on the merits,
as the Court may direct; within thirty days after the entry
of any order or judgment in the People's Court, other than
those on confessed judgment notes, any Judge may, in his
discretion, strike out such order or judgment upon proof of
fraud, mistake or irregularity. Such action on the part of
the Judge shall be upon such terms and conditions, including
a new trial, as he may prescribe. If there be an imperfection
in the service of process upon a defendant or defendants such
as to leave a reasonable doubt as to the jurisdiction of the
Court over such defendant or defendants, then, upon due
proof, any Judge of the People's Court shall have power at any
time to strike out the return of summoned and all subsequent
proceedings in such case, including the judgment and any
enforcement thereof. Any such action may be taken only
after there has been filed a petition under oath, setting out
the facts upon which the defendant supports his contentions,
a copy of which shall be mailed to the judgment creditor. No
judgment shall be stricken out until after a hearing, in which
the petitioner establishes by clear and convincing proof that
he was neither legally summoned nor had knowledge of the
action. Any party aggrieved by the act of a Judge in striking
out a judgment under this section shall have the right to
appeal to the Baltimore City Court, at any time within ten
(10) days. Upon the hearing of any such appeal the petition
shall be tried de novo by the Baltimore City Court. The lien
of the judgment shall remain in full force and effect until
there has been a determination on the merits, if the Judge
strikes out the judgment, or final adjudication by the Balti-
more City Court on appeal. After any judgment has been so
stricken out or annulled, any party may make application to
any Court of Record wherein said judgment may be recorded
to have the same stricken from the records of said Court,
and a certified copy of the order of the People's Court or the
Baltimore City Court shall be sufficient grounds to have said
judgment stricken from the record.

SEC. 2. And be it further enacted, That all Acts or parts
of Acts of any public general or public local laws inconsistent
with the provisions of this Act be and they are hereby repealed
to the extent of such inconsistencies.

SEC. 3. And be it further enacted, That this Act shall take
effect June 1, 1945.

Approved February 28, 1945.