EXEMPTION FROM EXECUTION. 150. When $100 worth of property exempt. 153. What chattels exempt. 154. Not to impair liens of vendors, mortgagees, mechanics, etc. 155. To what cases not applicable; proviso. Art. 75, s. 84. 1796, c. 43, s. 9; 1801, c. 74, s. 11; 1852, c. 76, s. 11. Summons in civil suits, what it shall state when returnable. 28 Md. 68; 29 SALES AND NOTICES. 156. Legal and equitable estates may be sold 157. Purchaser of equitable estate entitled to 158. What may be sold under execution from 159. Legal notices to be given by sheriffs, etc. 161. Costs of publication. 162. What directions to be given by judge, etc., 163. In case of publication of notice by sheriff, 164. Return of sale under execution from jus- 1. The practice, proceedings, and pleadings in the several courts of law shall be the same that were used and practiced in the courts of law of this State at the time of the adoption of the former Constitution of 1851, except so far as the same may be altered and changed by this Code. SUMMONS. 2. In all civil suits or actions in the Circuit Courts where capias ad respondendum formerly issued, a writ of summons shall be issued for the defendant, in which shall be stated the purpose for which he is summoned; and the said summons shall be returnable on the first Md. 465; 33 Md. day of the term next after issuing the same. 1. 85; 40 Md. 207. Id. s. 85. 1852, c. 336. When court to 3. If the summons is returned "summoned," and the defendant 1796, c. 43, s. 2; returned "summoned " shall fail to appear, the court shall, on the second day of the term to which the summons is returnable, enter ance of defend the appearance of any defendant so summoned and failing to appear, and the action shall proceed in the same manner as if the party had appeared in person. enter appear ant summoned. 29 Md. 465. Id. s. 86. 1796, c. 43, s. 4. Where more defendants than one. Id. s. 87. 1801. c. 74, ss. Md. 348; 33 Ma. 169; 37 Md. 223. Proviso. To what action not to apply. Id. s. 88. 1785, c. 87, s. 4; 1838, c. 329. 4. Where there is more than one defendant, and some shall appear, and some who have been summoned shall fail to appear, the court shall have an appearance entered for those who fail to appear, and the same proceedings shall be pursued as if all had appeared. 5. No person shall be sued out of the county in which he resides, until the sheriff or coroner of the county in which he resides shall have returned a non est on a summons issued in such county; provided, that nothing herein contained shall apply to any person who shall abscond from the county where he may be found; this section not to apply to ejectment, dower, replevin, scire facias on judgment or decree, nor to heirs, devisees, or terre tenants, against whom process may be issued to another county. 6. If any trespass shall be committed on any real property, and the person committing the same shall remove from the county where moving. such property may lie, or cannot be found in such county, such tres- Trespasser repasser may be sued in any county where he may be found and an 6 G. & J. 499. executor may be sued either in the county where he resides or where Executor. he obtained administration. 1860, c. 29. steamboat, or 7. Any captain, master, or owner, of any steamboat or other ves- Id. s. 89. sel, may be sued for the non-delivery or injury of any goods or chat- Captain, master, tels, in the county where the goods or chattels are received on board or owner of of his vessel, or in the city or county in which the delivery was by other vessel. the contract to be made, in the same manner as he can now be sued in the county in which he resides. 1704, c. 92, s. 3. counties lying rivers. 8. Every county lying on any navigable river in this State, shall Id. s. 90. extend its jurisdiction from the shore to the channel of the river Jurisdiction of that divides the counties, except where a dividing line has been on navigable fixed in such river by law; and where any ship or other vessel shall be in said river, process may be served on board the said ship or vessel by the officers of either county that can first serve it; but if she is moored or fastened to the land on either side of said river, then she shall be considered as in the county to whose shore, she is fastened. 1815, c. 149, s. 4. par this Id. s. 92. 9. Where a testator devises lands and dies in debt, any of his creditors may sue his devisees without making his heirs at law ties, unless such heirs are known to the plaintiff and reside in State. 10. It shall not be necessary for any officer, in serving any writ of scire facias, or attachment with writ of scire facias, to serve the same in the presence of witnesses. out making heirs parties. Id. s. 93. 1854, c. 75. Id. s. 94. against heirs or 11. In cases of writs of scire facias against heirs and terre tenants, where any of the heirs or terre tenants reside in another county than that in which the judgment on which such scire facias of scire facias is issued was obtained, duplicates of such writ may issue, directed terre tenants. to the sheriff of each county wherein any of the heirs or terre tenants reside, and shall be served by the sheriff and returned to the court from which they issued, and the party so summoned by means of such duplicates shall be proceeded against in the same manner as if they were residents of the county in which the judgment was obtained. 1812, c. 145, s. 3. 12. In all cases where a joint action is instituted against heirs Id. s. 95. and devisees, and any of such heirs or devisees shall be residents of Duplicate writs in joint actions another county, a duplicate writ may issue to the county where any against heirs of said heirs or devisees reside, directed to the sheriff thereof, who and devisees. shall serve and return the same to the court from which it issued, and the same proceedings shall be had as if such heirs or devisees resided in the county where the suit was brought; provided, all such actions shall be instituted in the county in which the deceased died, Where actions if any of his heirs reside there, and if not, in the county in which his real estate, or some part thereof, is situated. to be instituted. 1872, c. 346. Declaration in Copy, with written notice, to be served on defendants. EJECTMENT. 13. The action of ejectment shall be commenced by filing a declaration in which the real claimant shall be named as plaintiff and the tenant in possession, or the party claiming adversely to the plaintiff, shall be defendant; it shall be sufficient to state in the declaration that the plaintiff was in possession of the land or premises described in the declaration, and that the defendant ejected him therefrom, and retains possession thereof, and the amount of damages claimed by the plaintiff; a copy of the declaration, with a written notice of the suit, addressed to the defendant, shall be served on each of the defendants, or the land, if no person be in actual possession; to this declaration the defendant, or any other person, with the leave of the court, may appear and plead not guilty to the Effect of pleas action, which plea shall be held a confession of the possession and of not guilty. ejectment, and shall only put in issue the title to the premises and right of possession, and the amount of damages claimed by the plaintiff; but any defendant may refuse to appear, or file a disclaimer claimer of title. of title to the land, or any part thereof, in which case the plaintiff shall recover judgment against the defendant, so disclaiming or refusing to defend, for the land, or so much thereof as shall not be defended, but the costs shall be subject to the discretion of the Rules and prac- court, and the trial shall then proceed against the party making defence, under the rules and practice of the court, as the same existed prior to the year eighteen hundred and seventy, except so far as the same may be changed hereby; and the plaintiff shall also recover as damages in this action the mesne profits and damages sustained by him, and caused by the ejectment and detention of the premises, up to the time of the determination of the case. Refusal to appear or dis tice in trial. Mesne profits. Id. s. 2. Landlord and tenant. served, or tenant not in actual possession. 14. In all cases between landlord and tenant, as often as it shall happen that one-half-year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a copy of a declaration in ejectment for the recovery of the demised premises; or in Where copy of case the same cannot be legally served, or no tenant be in actual declaration cannot be legally possession of the premises, then to affix the same upon the door of any demised messuage, or in case such action of ejectment shall not be for the recovery of any messuage, then upon some notorious place of the lands, tenements, or hereditaments, comprised in such declaration in ejectment, and such affixing shall be deemed legal service thereof; which service or affixing such declaration in ejectment shall stand in the place and stead of a demand and re-entry; and in case of judgment against the defendant for non-appearance, if it shall be made to appear to the court where said suit is depending, by affidavit, or be proved upon the trial in case the defendant appears, that half a year's rent was due before the said declaration was served, and that no sufficient distress was to be found on the demised Service, or affixing of declara tion, to stand instead of demand and reentry. Judgment for non-appear ance. Affidavit. and claimants barred. premises, countervailing the arrears then due, and that the lessor or landlord had power to re-enter, then, and in every such case, the lessor or landlord shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded, and a re-entry made; and in case the lessee or his assignee, or other person, claiming or deriving under the said lease, shall permit and suffer judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent in arrears, together with full costs, and without proceeding for relief in equity within six calendar months after such execution executed; and in every such case the said lessee, his assignee, and all other persons claiming and deriving under the said lease, shall be barred When lessee and foreclosed from all relief or remedy in law or equity, other than under leases by bringing error or appeal for reversal of such judgment, in case the same shall be erroneous, and the said lessor or landlord shall from thenceforth hold the same demised premises discharged from such lease; and if, on such ejectment, a verdict shall pass for the defendant, or the plaintiff shall be nonsuited therein, then, and in every such case, the defendant shall have and recover his costs; provided, that nothing herein contained shall extend to bar the right of any mortgagee of such lease, or any part thereof, who shall not Mortgagee of be in possession, so as such mortgagee shall and do, within six calendar months after such judgment obtained and execution executed, pay all costs and damage sustained by such lessor or person entitled to the remainder or reversion as aforesaid, and perform all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed. of Effect of verdict for defendant, or non-suit of plaintiff. lease. Suits where lands contiguous and in adjoining counties. 15. When the lands sued for lie contiguous to each other and a. s. 47. in adjoining counties, suit may be brought for the whole in any said counties in which any of the defendants reside; and if none of the defendants reside in any of said counties, then the suit may be brought in the county where the largest part of the land lies, and the sheriff and surveyor of the county in which the suit is brought shall have power to execute and return the warrant of resurvey of all the lands so sued for, and said sheriff shall also have power to execute a writ of habere facias possessionem for all of said lands. 16. In any action of ejectment against two or more defendants, Art. 75, s. 48. they may sever in their defence; but, if plats be necessary, there shall be but one set returned, which shall show the claims and pre- One set of plats tensions of all parties. 17. Where defendants in ejectment sever in their defence, the court shall apportion the costs in such manner as may seem reasonable and just. 18. In all cases of a joint holding by two or more persons they may declare jointly whether they hold as joint tenants, tenants common, or in any other manner. in 19. If, on the trial of an ejectment, title be shown in any of the plaintiffs, it shall be sufficient to authorize him to recover to the ex 1829, c. 186, s. 1. Defendants may sever. to be returned. Id. s. 49. 1829, c. 186, s. 3. ance. a. s. 50. 1833, c. 276, s. 1. How joint holders may declare. Id. s. 51. 1833, c. 276, s. 3. Each plaintiff to recover to extent of his title. 22 Md. 420; 30 Md. 294. Id. s. 52. Patent to be presumed. 10 Md. 130; 17 Md. 14; 26 Md. 462: 27 Md. 604; 30 Md. 410, 417, 539; 32 Md. 355. tent of such title, though other plaintiffs may be joined who have no interest, or may have parted with their interest. 20. In all actions at law where the title to land is in question, 1852, c. 177, s. 2. it shall not be necessary for any party to any such action to prove that the lands in controversy have been patented; but a patent shall in all cases be presumed in favor of the party showing a title otherwise good; and actual inclosure shall not be necessary to prove possession, but acts of exclusive user and ownership other than inclosure may be given in evidence to the jury to prove possession; ship evidence of provided, that nothing contained in this section shall affect for the period of fifteen years any previously existing laws relating to the title to lands held in any part of the State, which were granted for military service. User and owner possession. To what titles not to apply. Id. s. 53. 1852, c. 177, s. 3. survey. 21. No warrant of resurvey shall issue in any action of ejectWarrant of re- ment, unless the court shall be satisfied that there is a dispute about the location of the lands claimed in said action, nor shall any issue in other actions, unless there is a dispute about the location of the lands for the injury of which damages are claimed, or unless the court shall be satisfied that plats are necessary for illustration. Id. s. 54. 1852, c. 177, s. 4. Same. 1872, c. 346. Party applying for warrant to make location of claim first. 1872, c. 346. In execution of warrant of re be located. 22. In any action where the parties hold or claim under the same title the lands in dispute, no warrant of resurvey shall issue, except in cases where the parties claim different parcels under the same title, and it appears to the court there is a dispute about the location of the divisional line or lines. 23. Where a warrant of resurvey shall be issued in any action of ejectment, or other action, the party applying for such warrant shall first make the location of his claim and pretension, and such other location as he may think necessary to bring the cause fairly to trial. 24. It shall not be necessary in the execution of any warrant of resurvey to locate by actual survey the whole of any tract or parcel survey, what to of land, but it shall be sufficient to locate by actual survey the beginning, or any call or other object by which the location of the tract may be proved, and such portion of lines connected therewith as may be necessary to show the parts of the land in controversy, and the questions to be tried and proved by witnesses to be examined in the cause, and such lines as may be necessary to connect and illustrate the points or objects to be proved; and all other lines and objects may be located by protraction upon the plats, if directed so to be, by the party making the survey, but the other party may require any other objects or lines to be located by actual survey or protraction, if he shall desire the same; and such location by protraction, when made by either party, shall be primâ facie evidence of the correctness of any object or line so located, unless the same shall be differently located by actual survey; but all locations by protraction shall be made by course and distance, according to the description of the lands so located, to be shown and proved by When location by protraction to be prima facie evidence. |