Telegraf. [volume] (Baltimore, Md.) 1909-1951, 1941-07-18
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AN ACT to add a new Article to the
Annotated Code of Maryland 1889
Edition), said new Article to be num-
bered Article 87A, to be entitled SOL
diers' and Sailors Civil Relief" and
to follow Immediately after Article 81
of said Code, pertaining to the sus-
pension of the enforcement of certain
civil liabilities of certain persons
Naval Establishments, including the
Coast Guard.
Section /. Be it enacted by the Gen.
eral Assembly of Maryland, That a new
Article be and it is hereby added to the
Annotated Code of Maryland 1880 Edi-
Article STA, to be entitled Soldiers
and Sailors Civil Relief" and to follow
Immediately after Article 81 and to read
as follows:
ARTICLE STA.
Soldiers and Sailors Civil Relief.
General Provisions.
1. In order to provide for, stren CITIZEN,
and expedite the national defense
under the emergency conditions which
are threatening the peace and security
of the United States and to enable the
United States the more successfully to
fulfill the requirements of the national
defense, provision is herby made to sus-
pend enforcement of civil liabilities, in
certain cases of persons In the military
service of the United States in order to
enable such persons to devote their en-
tire energy to the defense needs of the
nation, and to this end the following
provisions are made for the temporary
suspension of legal proceedings and
transactions which may prejudice the
civil rights of persons in such service
during the period herein specified over
which this Article remains in force.
2. "a The term persons in military
service and the term persons in the
military service of the United States,
o~ ,,~n1 IN fhfC A rfio1n shall jnnIJHn tho
following persons n no others: Al!
members of the Army of the United
States, the United States Navy, the
Marine Corps, the Coast Guard, and all
officers of the Public Health Service
detailed by proper authority for duty
either with the Army or the Navy. The
term military service" as used in this
Article, shall signify Federal service on
active duty with any branch of service
heretofore referred to or mentioned as
we'll as training or education under the
supervision of the United States pre-
liminary to induction into the military
service. The terms "active service" or
'active duty shall include the period
during which a person in military
service is absent from duty on account
of sickness, wounds, leave, or other
lawful cause.
(2) The term "period of military serv'
ice," as used in this Article, shall In
clude the time between the following
dates: For persons in active service u
shall begin on October II, 1910; for per
sons entering active service after Octo-
Der II, 1910, with the date of entering
active service. 1t shall terminate with
the date of discharge from active service
or death while in active service, but IN
no case later than the date when THIS
Article ceases to be in force.
80 The term person" when used In
this Article with reference to the holder
of any right alleged to exist against a
person in military service or against d
person secondarily liable under such
right. shall include individuals, part
nerships, corporations, and any other
forms of business association.
a. The term court" as used In this
Article, shall include any court OF com
petent jurisdiction of this State, Whe-
Their or not a court of record.
8. ~ The provisions of this Article
shall apply to proceedings commenced
in any court and shall be enforced
through the usual forms of procedure
obtaining in such court or unde such
regulations as may be by them pre-
scribed.
(21 When under this Article any ap-
plication is required to be made to a
court in which no proceeding has al
ready been commenced with respect to
the matter, such application may be
made to any court.
4. ID Whenever pursuant to any OF
the provisions of this Article the en-
forcement of any obligation or Eablllty,
the prosecution of any suit or proceed
ing, the entry or enforcement of any
order, writ, Judgment, or decree, or the
performance of any other act, may be
stayed, postponed, or suspended, such
stay, postponement, or suspension may,
in the discretion of the court, likewise
be granted to sureties, ~guarantors, en-
dorsers, and others subject to the obi
cation or liability, the performance or
enforcement of which is stayed, post
poned, or suspended.
(2) When a Judgment or decree ID
vacated or set aside in whole or in part,
as provided in this Article, the same
may, in the discretion of the court,
likewise be set aside and vacated as to
any surety, guarantor, endorser, or
other person liable upon the contract or
liability for the enforcement of which
the Judgment or decree was entered.