The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1912-05-10
PUBLIC GENERAL LAWS.

III Ills ulSCT0llOu, may luluh plopCt
or, If any defendant is nonresident
or unknown or returned non est
twice successfully, the Court shall
order the sheriff to set up a copy
of the summons for such defendant
upon the property and shall order a
notice to be published once week
for four successive weeks, in a paper
published in the county where such
property is situated, and also in one
daily newspaper published in the
City of Baltimore, if the proceedings
be in county; and if the proceed
ings be in Baltimore City, in two
daily newspapers published in said
city; requiring such defendant to ap-
pear 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 sixty days
from the date of the first publica-
ton OF said order, and show cause
why said property, or such deten-
dants' interests therein should not be
condemned as prayed in the petition.
4. Every defendant summoned
shall within fifteen days after the
return day to which he is sum-
moned, and every defendant appear
ing shall within fifteen days after
such appearance file an answer
showing cause, if any he has, why
the property mentioned in the pc
tition or said defendants interest
therein, should not be condemned as
prayed. And every defendant against
whom publication has been duly
made, as hereinabove provided, shall
file such 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 hereinabove pro-
vided, or any extension thereof
which may have been granted by
the court, the court shall enter
judgment that the said property, or
the interest therein of the defendant
or defendants so in default, be con-
demned.
The court shall also render the
same judgment upon the filing of an
answer by any defendant or de-
PENDANTS, if such answer does not
deny the right Of the petitioner to
have the property condemned. In
the event of an answer being filed
denying the right of the petitioner to
have the property condemned, the
court shall hear the question thus
raised as to the right of the petit
toner to condemn the property, at
an early date, to be specially fixed
by the court; and in case any ques-
ton of fact is involved in the deter
mination of that question, either
party shall be entitled to jury trial,
upon so electing, and either party
may take testimony in open court,
at such hearing, in the manner usual
in law cases tried before jury or
before the court without a jury; and
the same procedure shall govern as
to the conduct of such hearing and
reserving exceptions as in ordinary
law cases.
If any defendant is under legal
disability the court shall either au-
thorize his duly constituted guardian
or committee to appear and defend
for him, or shall appoint some suit
able person as guardian ad Item
to appear and defend for such
defendant. The court shall have the
same power to permit amendments,
as in other actions at law. Ii the
court shall decide at such hearing
that the petitioner is entitled to have
the said property condemned, the
court shall enter judgment that said
property, or the interest OF the party
so answering therein, be condemned.
If the court shall decide at such hear
ing that the property or the interest
of such defendant therein, is not
liable to condemnation, the court
shall give judgment that the petit
ton be dismissed as whole, or as
to the interest of such defendant, as
the case may be.
5. Immediately upon the expira-
ton of the time for appeal from
any judgment that the property be
| condemned, or in case of such appeal
upon such judgment being affirmed
| and remanded, the lower court shall
appoint as appraisers three inhab1-
/ tants of the city or county where
| such property is situated, not in any
wise interested in the property to
! be condemned, nor related to the
owner or owners thereof, each OF
whom shall, before acting, make
! oath before the clerk of said court,
or before any officer duly authorized
| to take affidavits, that he will justly
and inpartially value the property
| described in the aforesaid petition,
| and the interests of the several own
ers thereof, and as soon as con-
veniently may be the said appraisers
| shall assess the value of the property
or the interest or estate therein
sought to be condemned, and appor'
ton the same among the various
owners thereof, according to the
values of their respective interests,
| and return to the said court their
award of the value of the said prop
erty and of the respective interests
! of the several owners thereof under
their hands and seals, and shall give
notice by advertisement twice a
week for one week in two OF the
daily papers published in Baltimore
City, or, where said property is sit
uated in a county, by advertisement
for one week in one paper published
in said county, that such award has
been returned, and that all persons
having an interest therein may show
cause, if any they have, why the
same should not be confirmed dur
ing the ten days succeeding the filing
of the said award; and if the ap-
praisers appointed as hereinbefore
pFONlueu SHoulu NC uhaplo " o5t0S
| upon an award, they shall so report
to the said court, and new appraisers
shall be appointed, who shall pro
coed as above provided; and new
appraisers may in like manner be
appointed from time to time, until
an award shall be agreed upon; the
said award shall lie in court ten days
subject to exception, and either the
petitioner or any defendant or any
owner or reputed owner of any in
terest in the property sought to be
condemned, whether he shall have
previously appeared to the said pc
tition, or shall have been made {
party thereto or not, shall have the
RIGHT TO file exceptions to said award