Telegraf. [volume] (Baltimore, Md.) 1909-1951, 1941-07-18
PUBLIC GENERAL LAWS
General Relief

De a de1auIt or any appearance by the
defendant, the plaintiff, before entering
Judgment shall file in the court an af1-
davit setting forth facts showing that
the defendant is mot in military service,
II unable to file such affidavit plaintiff
snail In lieu thereof file an affidavit set
ting forth either that the defendant is
in the military service or that plaintiff
is not able to determine whether or not
defendant is in such service. If an aft
davlt is not filed showing that the de-
PENDANT is not in the military service,
no judgment shall be entered without
first securing an order of court direct
ing such entry, and no such order shall
be made if the defendant is in such
service until after the court shall have
appointed an attorney to represent de-
PENDANT and protect his interest, and the
court shall on application make such
appointment. Unless it appears that the
defendant is not in such service the
court may require, as a condition before
Judgment is entered, that the plaintiff
file a bond approved by the court con
dttioned to indemnify the defendant, If
in military service, against any loss or
damage that he may suffer by reason of
any Judgment should the judgment be
thereafter set aside in whole or in part.
And the court may make such other and
further order or enter such judgment
as in it's opinion may be necessary to
protect the rights of the defendant
under this Article.
(2) Any person who shall make or use
an affidavit required under this section,
knowing it to be false, shall be guilty
Of a misdemeanor and shall be punish
able by Imprisonment not to exceed one
year or by fine not to exceed $1,000.
or both.
90 In any action or proceeding In
which a person in military service is a
party if such party does not personally
appear therein or is not represented Dy
an authorized attorney, the court may
appoint an attorney to represent him
and in such case a like bond may be
required and an order made to protect
the rights of such persons. But no at
torney appointed under this Article to
protect a person in military service
Shall have power to waive any right of
the person for whom he is appointed or
bind him by his acts.
az If any judgment shall be rendered
in any action or proceeding governed
by this section against any person IN
military service during the period OF
such service or within thirty days
thereafter, and it appears that such
person was prejudiced by reason of his
military service in making his defense
thereto, such judgment may, upon APP
plicatiOn, made by such person or ms
legal representative, not later thai
such service, be opened by the court
rendering the same and such defendant
or his legal representative let III to
defend; provided it is made to appear
that the defendant has a meritOrious
or legal defense to the action or some
part thereof. Vacating, setting aside, or
reversing any judgment because or any
of the provisions of this Article shall
not impair any right or title acquired
by a bona fide purchaser for value
under such Judgment.
Co At any stage thereof any action
or proceeding in any court in whicT a
person in military service is involved,
either as plaintiff or defendant, during
the period of such service or within
sixty days thereafter may, in the dis
erection of the court in which 1T is pend
inc ON IFS nuvp motion and shall. on
application to it by such person or
some person on his behalf, be stayed
as provided in this Article, unless, in
the opinion of the court, the ability OF
plaintiff to prosecute the action or the
defendant to conduct his defense is not
materially affected by reason of his
military service.
6. When an action for compliance
with the terms of any contract is stayed
pursuant to this Article no fine or
penalty shall accrue by reason of fall
ure to comply with the terms OF such
contract during the period of such stay,
and in any case where a person fails
to perform any obligation and a fine or
penalty for such nOnperformance is in
CURED a court may, on such terms as
NAV be Just, relieve against the enforce
ment of such fine or penalty if it shall
appear that the person who would sut-
fer by such fine or penalty was in the
military service when the penalty was
incurred and that by reason of such
service the ability of such person to pay
or perform was thereby materially I'M
paired.
Z. In any action or proceeding com
menced in any court against a person
in military service, before or during
the period of such service, or within
sixty days thereafter, the court may,
in its discretion, on it's own motion, or
on application to it by such person or
some person on his behalf shall, unless
in the opinion of the court the ability
Of the defendant to comply with the
Judgment or order entered or sought is
not materially affected by reason of bis
military service
(a) Stay the execution of any judg-
ment or order entered against such per-
son, as provided In this Article and
(b) Vacate or stay any attachment
or garnishment of property, money. or
debts in the hands of another, whether
before or after judgment as provided IN
this Article.
s. Any stay of any action, proceed
ing, attachment, or execution, ordered
by any court under the provisions OF
this Article may, except as otherwise
provided, be ordered for the period OF
military service and three months there
after or any part of such period, and
subject to such terms as may be just,
whether as to payment In 1nstallments
of such amounts and at such times as
the court may fix or otherwise. where
the person in military service is a CO.
defendant with others the plaintiff may
nevertheless by leave of court proceed
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8. The period Of military service
shall not be included in computing any
period now or hereafter to be limited
by any law for the bringing of any
action by or against any person in mill
tary service or by or against his heirs,
executors, administrators, or assigns,
whether such cause of action shall have
accrued prior to or during the period
of such service.
Rent, Installment Contracts, Mortgages
10. ~ No eviction or distress shall
be made during the period Of military
service in respect of any premises for
which the agreed rent does not exceed
$50 per month, occupied chiefly for
dwelling purposes by the wife, children,
or other dependents of a person In mill
tary service, except upon leave OF court
granted upon application therefor or
granted in IN action or proceeding
affecting the right of possession.
(2) On any such application or In any
such action the court may, in It's dis
erection, on it's own motion, and shall,
of the court the ability of the tenant
to pay the agreed rent is not materially
affected by reason of such military serv-
ice, stay the proceedings for not longer
than three months, as provided In this
Article, or it may make Such otner
order as may be just.
90 Any person who shall knowingly
take part in any eviction or distress
otherwise than as provided in sub
section a. hereof shall be guilty or q
misdemeanor, and shall be punishable
by Imprisonment not to exceed one
year or by fine not to exceed $1,OOO,
or both.
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