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Session Laws, 1957
Volume 640, Page 552   View pdf image (33K)
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552                               Laws of Maryland                       [Ch. 399

to be served in the same manner as a summons in actions at law
[, and to be returned by some day to be named in said order not less
than ten days nor more than twenty days from the day of the filing
of said petition. If any defendant be not summoned before the re-
turn day of said summons, the summons may be renewed from time
to time, as often as the Court in its discretion may think proper;
or if any defendant is non-resident or unknown, or is returned non
est, the Court may order the sheriff to set up a copy of the summons
for such defendants upon the property, and a notice to be published
once a week for three consecutive SUCCESSIVE weeks, in a news-
paper published in the County where such property is situated, and,
if the proceedings be in Baltimore City, in one daily newspaper pub-
lished in said City, requiring such defendant to appear in the said
Court on or before a certain day to be named in the order, said day to
be not less than thirty days nor more than forty days from the date
of the first publication of said order, and show cause why such prop-
erty, or such defendant's interest therein, should not be condemned
as prayed in the petition].

3. [Every defendant summoned shall, within ten days after the
return day to which he is summoned, and every defendant appear-
ing shall, within ten days after such appearance, file an answer show-
ing cause, if any he has, why the property mentioned in the petition,
or said defendant's interest therein, should not be condemned as
prayed, and every defendant against whom publication has been
duly made, as hereinbefore provided, shall file an answer within the
time limited in such order of publication.

The Court shall have power, for good cause shown, to extend the
time for answering. In default of answer within the time hereinbe-
fore provided or any extension thereof, as aforesaid, such defendant
shall be regarded as in default, so far as the right of condemnation
is concerned.]

If any defendant summoned [as aforesaid,] or against whom
publication has been made [as aforesaid,] is under legal disability,
by reason of infancy, insanity or any other cause, [the Court, upon
the return of said summons, or the expiration of the time limited in
such order of publication, upon the application of any party to said
suit, shall authorize the duly constituted guardian or committee of
such infant, lunatic or person under disability, to appear, answer,
and defend for him within the times above specified, or if such de-
fendant under disability shall have] and has no constituted guardian
or committee, the Court shall, upon application, appoint some suit-
able person as guardian ad litem to appear, answer, and defend for
such defendant under legal disability if, within the times above speci-
fied,] and when such answer of such guardian ad litem or commit-
tee for such defendant shall be filed, the case as to such defendant
shall be regarded as ready for further proceedings for said condem-
nation as hereinafter provided.

5. When all the defendants in said case who have been summoned
or published against [, as hereinbefore provided,] have either
answered or are in default [as aforesaid,] and all defendants under
legal disability have answered by their guardians, committees or
guardians ad litem, as hereinbefore provided, the case shall be re-
garded as ready for trial, and, upon the application of any party to
said suit, the Court shall forthwith set an early date to be especially

 

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Session Laws, 1957
Volume 640, Page 552   View pdf image (33K)
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