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Session Laws, 1972
Volume 708, Page 651   View pdf image
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Marvin Mandel, Governor                         651

9. Action at law; jurisdiction; cases for which action may be
brought.

(a)    Distress for rent is hereby declared to be an action at law
which shall be brought as provided herein.

(b)    Jurisdiction in all cases of distress for rent shall be vested
exclusively in the [several people's courts and in the trial magis-
trates, having civil jurisdiction, by whatever name known,] Dis-
trict Court
regardless of the amount of rent for which distress is
brought and notwithstanding any limitation imposed by law on the
civil monetary jurisdiction of such court [or magistrates].

(c)    An action of distress shall be brought only for unpaid rent
under a lease in writing for a term of more than three months,
or under a tenancy at will or a periodic tenancy that has been con-
tinued for more than three months.

39. Right to appeal; time for taking; trial; stays.

(a)    From any final order or judgment in an action of distress,
any aggrieved party shall have the right to appeal to the Baltimore
City Court or to the circuit court for the county, as the case may be.
The appeal shall be taken within [fourteen] 30 days from the date of
the order or judgment.

(b)    [On appeal the case shall be tried de novo by the court to
which appealed.] Upon the application of any party to the action for
a prompt hearing of the appeal it shall be set for trial as soon as pos-
sible. Any party shall have the right to a jury trial of the appeal upon
application therefor in accordance with the rules for such cases
adopted by the appellate court.

(c)    An appeal shall not stay or prevent a subsequent distress for
rent falling due after the original petition for distress. However, the
court shall have power to order a stay of all further proceedings;
including those for subsequent rent, upon filing of an adequate
appeal bond by the tenant, the principal amount of which shall be
within the discretion of the court.

(d)    An appeal shall not stay execution of a judgment or order
unless an approved appeal bond be filed.

39A. Definition of terms.

(b) "Court" shall mean [any people's court in the counties with
civil jurisdiction, any trial magistrate in the counties with civil jur-
isdiction, and the People's Court of Baltimore City] the District Court.

39P. Adjournment to enable procurement of witnesses; judgment
in favor of lessor; effect of tender of rent.

If at the trial on the second day aforesaid, the [justice of the peace]
court shall be satisfied the interest of justice will be better served
by an adjournment to enable either party to procure his necessary
witnesses, [he] it may adjourn the trial for a period not exceeding
one day, except by consent of all parties, and if at said trial or due
adjournment thereof as aforesaid, it shall appear to the satisfaction
of the [justice of the peace] court before whom said complaint has
been made and tried as aforesaid, that the rent or any part of the rent
for said premises is actually due and unpaid, then the [said jus-

 

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Session Laws, 1972
Volume 708, Page 651   View pdf image
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