Ch. 651 MARVIN MANDEL, Governor 1345
Board of Examiners the sum of five dollars ($5.00), and to the register of said
Board the sum of seventy-five cents.
SECTION 36. AND BE IT FURTHER ENACTED, That Sections 13; 14(43),
(72), and (82); 18; and 22 of Article 75 of the Annotated Code of Maryland (1969
Replacement Volume), title "Pleadings, Practice and Process at Law," subtitles
"II. Pleadings" and "III. Practice," subheadings "In General," "Forms of
Pleadings," "Arbitration and Award," and "Cases by Consent," be and they are
hereby repealed and re-enacted, with amendments, all to read as follows:
13.
If an [infant] PERSON UNDER EIGHTEEN YEARS OF AGE is entitled to
lands by purchase, he shall not be obliged to answer any suit or action, except in
cases where the heir would be bound by law to answer.
14.
(43) That at the time of the making of the alleged deed the defendant was and
still is within [twenty-one] EIGHTEEN years of age.
(72) That the defendant was not within the age of [twenty-one] EIGHTEEN
years, as alleged.
(82) That the plaintiff is within [twenty-one] EIGHTEEN years of age; and has
declared by attorney, when he should have declared by next friend or guardian.
18.
If the death of either of the parties happens before an award is returned and
judgment thereon, the cause shall not abate, but upon reasonable notice to the
person succeeding to the interest of the deceased in the matter in contest, and not
being a [minor] PERSON UNDER EIGHTEEN YEARS OF AGE, the
arbitrators shall proceed to a determination and return their award, upon which
judgment may be entered notwithstanding the death of either of the parties. This
section shall be retroactive so as to apply to the death of any party prior to June 1,
1963.
22.
The "next friend," or prochein ami, who shall have brought any suit at law for
the benefit of any [infant or infants] PERSON OR PERSONS UNDER
EIGHTEEN YEARS OF AGE, shall have authority to compromise and settle
said suit and the cause of action; provided, that whenever such "next friend" shall
not be a parent of the infant or a person standing in loco parentis, the consent of
such parent or other person shall first be had and obtained; and if both parents be
dead and there be no other person having the care and custody of the infant, the
authority of the orphans' court of the city or county in which such suit has been
brought shall be requisite to give validity to the proposed compromise or
settlement; but such authority shall never be granted except upon written
application therefor by such "next friend" setting forth under oath all the facts of
the case and the reasons why such compromise or settlement is deemed to be for
the best interest of the infant. This section shall apply to suits brought by the State
of Maryland for the use of infants as equitable plaintiffs, as well as to suits
brought by infants as plaintiffs by their "next friend."
SECTION 37. AND BE IT FURTHER ENACTED, That Section 2(a) of
Article 75A of the Annotated Code of Maryland (1969 Replacement Volume and
1972 Supplement), title "Public Accountancy," be and it is hereby repealed and
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