clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Session Laws, 1955
Volume 620, Page 1140   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1140                             LAWS OF MARYLAND                        [CH. 672

of money in cash equal to the value of the specific article or articles
of property intended to be replevied plus costs of the proceedings, or
if such article or articles of property are held by a defendant claiming
a lien thereon, then a sum of money in cash equal to the amount
claimed by the defendant plus costs of the proceedings, in the latter
case if, at the time the writ is served, the defendant claims the owner-
ship of the property held, or if the defendant claims a greater sum
to be due than the amount of the deposit, the Constable serving the
writ shall not execute the writ, but shall summon the defendant to
appear for a hearing before the Court on a day to be fixed in the
original writ, which shall not be less than three days after the issuing
of the writ. As such hearing, whether or not defendant appears, the
Judge hearing the matter shall have power to order that the writ be
executed, on such terms as will, on the facts then before him, in-
demnify the defendant; and if when such case is heard, it appears
to the Judge that the defendant has no lien upon or ownership in said
goods, the deposit made in lieu of bond shall be refunded to the person
having made said deposit.

8.   Summons, which shall include as a part thereof a copy of the
statement of claim, shall be served upon the defendant named therein,
either by Constable or, in suits for money judgment, when and as
authorized by rule as hereinafter provided, by registered mail with
return receipt. Where service is by registered mail, the clerk shall
enclose the summons and a copy of the statement of claim in an
envelope addressed to the defendant, prepay the postage and mail
the same forthwith, noting on the records the day and hour of mailing.
Such receipt when returned shall be attached by the clerk to the
original statement of claim and shall constitute prima facie evidence
of service upon the defendant. If such receipt is not returned within
such time as shall be prescribed by rule, personal service upon such
defendant shall be made by Constable. Any such mail summons shall
constitute effective service even though not delivered if such non-
delivery is caused by the addressee's or addressee's agent's refusal
to accept delivery and the clerk mails such summons to the addressee
by ordinary mail at least three days before the date fixed for the trial.
Notations by an authorized postal employee to the effect that the
addressee or his agent has refused delivery shall be prima facie evi-
dence thereof.

9.  At any time after filing of the statement of claim, the Judges of
said Court shall have authority, with the consent of all parties, to
settle cases by arbitration.

Upon effecting such settlement by consent such Judge shall have
power to enter a judgment in accordance with the terms agreed upon.

10.  All trials of cases before any of said Judges shall be conducted
in such manner as to do substantial justice between the parties ac-
cording to the rules of substantive law the equity and the right of
the matter, and without regard to the technical rules of practice,
procedure or pleading.

11.   (a) The Judges of the People's Court shall have power and
authority to enforce obedience to their orders and judgments by
attachments, and to inflict punishment for contempt of court by a
fine not exceeding in any one case the sum of Fifty Dollars ($50.00);
all of which fines shall be paid to a Clerk of the People's Court to be


 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1955
Volume 620, Page 1140   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 10, 2023
Maryland State Archives