574 LAWS OF MARYLAND. [CH. 210
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.
Any judgment may be amended or stricken out, on such
terms if any as he may prescribe, by. the Judge who has
rendered the same, on his motion, at any time within ten
days after rendition of such judgment.
Any party aggrieved by the act of a Judge in striking out
a judgment or by his refusal to do so 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 Balti-
more 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 refuses
to do so, or final adjudication by the Baltimore City Court
on appeal. After any judgment has been so stricken out,
amended or annulled, any party may make application to
any Court of Record wherein said judgment may be record-
ed to have the same amended or 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 amended or stricken from
the record.
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 because of imperfect service 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.
SEC. 2. And be it further enacted, That this Act shall take
effect June 1, 1949.
Approved April 22, 1949.
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