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Session Laws, 1856
Volume 623, Page 140   View pdf image
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140

LAWS OF MARYLAND.

ness, the Honorable ———— Judge of the said Court,
the —— day of ———— in the year, &c.
(Signed)
——— , Clerk."

To deliver
memorandum.

5. Before the issuing of any writ of summons, the
plaintiff or plaintiffs, or his, her, its or their attorney,
shall deliver a memorandum in writing according to
the following form, or to the like effect :
"A plaintiff against C. B., } E. S. Clerk of the

against C. B. and D. E. } Issue in this case.
Brought the —— day of ———— 18 —
(Signed) ———— "
Such memorandum to be delivered to the clerk of the
court, and to be dated on the day of the delivery
thereof, and signed by the plaintiff or plaintiffs, or his,
her, its or their attorney.

Writ may be
renewed.

6. If any defendant or defendants named in any
writ of summons shall not have been served there-
with, by the return day of the writ, such writ may
be renewed, at any time before the next term of the
court, and be returnable to the same, and may be so
renewed and returnable again to succeeding terms, as
long as may be necessary; and a writ of summons so
renewed shall remain in force and be available to
prevent the operation of any statute whereby the
time for the commencement of the action may be
limited, and for all other purposes, from the date of
the issuing the original writ of summons.

To be endorsed.

7. The sheriff or other person serving the writ of
summons, shall endorse on the same "summoned"
or "can not be found" or "is dead" or as the case
may be.

Service per-
sonal.

8. The service of the writ of summons shall be as
heretofore personal.

Lawful to de-
clare.

9. In any action brought against two or more de-
fendants, if one or more of such defendants, only,
shall appear, and another or others of them shall not
appear: provided the writ of summons has been
served upon such as do not appear, it shall be law-
ful for the plaintiff or plaintiffs to declare against all
of the defendants, and proceed as if they all had ap-
peared.

Appearance.

10. A defendant or defendants may appear at any
time before judgment; and if he, she, or they appear
after the time specified in the writ of summons, he,
she or they shall, after notice of such appearance to
the plaintiff or plaintiffs, or his, her or their attor-



 
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Session Laws, 1856
Volume 623, Page 140   View pdf image
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