The citizen. (Frederick City, Md.) 1895-1923, 1912-05-10
PUBLIC GENERAL LAWS.


the summons may be renewed from
time to time, as often as the Court,
in its discretion, may think proper;
or, II 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 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 ii 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 defen-
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, il 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, il 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
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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 a jury or
before the court without jury; and
the same procedure shall govern as
to the conduct of such hearing and
reserving exceptions as in ordinary
law cases.
II 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. IL 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
or in case of such appeal
upon such judgment being affirmed
and remanded, the lower court shall
as appraisers three inhabi-
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 impartially 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
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 snail give
notice by advertisement twice
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
provided should be unable to agree
upon an award, they shall so report
to the said court, and new appraisers
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