Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1941-07-18
, PUBLIC GENERAL LAWS
General Relief


the defendant is not in military service
If unable to file such affidavit plaintiff
shall in lieu thereof file an affidavit set
ting forth either that the defendant ia
in the military service or that plaintiff
Is not able to determine whether or not
defendant Is in such service. If an afi-
davit is not fled 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 IL 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 1t appears that the
defendant Is not In such service the
court may require, as condition before
judgment is entered, that the plaintiff
ditioned to indemnify the defendant, IL
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 its 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.
(3) In any action or proceeding in
which a person in military service is
party If such party does not personally
appear therein or is not represented by
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 10 appointed or
bind him by his acts.
az II any judgment shall be rendered
in any action or proceeding governe 20
military service during the period Of
such service or within thirty days
thereafter, and It appears that such
person was pretudiced by reason a OF ms
thereto, such judgment may, upon ap-
plicati0n, made by such person or his
legal representative, not Later Cnan
ninety days after the termination OF
rendering the same and such DESCENDANT
or his legal representative let IN 70
defend; provided 1t is made to appear
that the defendant has meritori0us
part thereof. Vacating, setting aside. or
Of the provisions OF this Article shall
not impair any right or title acquires
by a bona fde purchaser Tor vaiue
under such judgment. e ssta ~
(5) At any stage thereof any action
or proceeding In any court In which 2
person in military service Is involved,
either as plaintiff or defendant, duEing
the period Of such service or Wit I'm
erection Of the court in which 1t Is pend
ing. on its own motion, and shall, on
application to 1t by such person OF
some person on his behalf, be stayed
as provided in this Article, unless. IN
the opinion of the court, the ability Oh
plaintiff to prosecute the action or the
defendant to conduct his defense Is not
materially affected by reason OF MS
military service.
9. when an action for compliance
with the terms Of any contract Is stayed
pursuant to this Article no nne or
penalty shall accrue by reason OF fali-
ure to comply with the terms OF such
contract during the period of such stay,
to perform any obligation and fine or
penalty for such nOnperformance Is IN
Cured a court may, on Sucn terms -
may be just, relieve against the ENFORCE,
ment Of such fine or penalty II it snan
appear that the person who would SUI.
fer by such fine or penalty was In the
military service when the penalty was
incurred and that by reason OF sueR
service the ability OF such person 20 Pay
or perform was thereby maeeriahy i"-
y. In any action or proceeding con-
menced in any court against Q person
In military service, before or 0ur1g
the period Of such service, or wlkasa
in its Discretion, on its own notion or
on application to It By such person or
some person on his behalf shall, unless
in the opinion Of the court the abiiisy
f9ds sne det q order entepSd Or sought d
not materially affected Dy reason OF MS
military service
(a) stay the execution Of any judy
ment or order entered against such per-
son. as provided in this Article; and.
Oh Vacate or stay any attachment
or garnishment Of property, m0ney, or
debts In the hands Of another, whether
before or after judgment as provided IN
8. Any stay of any action, proceed
ing, attachment, or execution, orderea
by any court under the provisions OF
this Article may, except as OtnerWiSe
provided, be ordered for the period OF
military service and three months there
after or any part of such period, ana
subject to such terms as may be Just,
whether as to payment in installments
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 plaintih may
nevertheless by leave of court proceed
again the others.
D. 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 SnaII nave
accrued prior to or during the period
of such service.
Rent, Installment Contracts, Mortgages
10. a. No eviction or distress shall
be made during the period of military
service in respect of any premises Tor
which the agreed rent does not exceed
$50 per month, occupied chiefly Tor
dwelling purposes by the wife, children
or other dependents of person In mill
tary service, except upon leave Of court
granted upon application therefor or
granted In an action or proceeding
Affecting the right Of possession. 80 z
~ On any such application or In any
such action the court may, In It's dig-
erection, on its own motion, and shall.
of the court the ability Of the tenant
to pay the agreed rent ts 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 1t may make such other
order as may be just; s..u i,,ov,,.r.
take part in any eviction or distress
otherwise than as provided In sub
section IN hereof shall be guilty OF q
misdemean0r, and shall be punishable
by imprisonment not to exceed one
year or by fine not to exceed $1,000,
or both.
October II, 1910 has received, or whose
assfgnor has received under q contract