Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1941-07-25
PUBLIC GENERAL LAWS :
General Relief

judgment shall file in the court an affi-
davit setting forth facts showing that
the defendant Is not In military service
II unable to file such affidavit plaintiff
shall In lieu thereof file an affidavit set
ting forth either that the defendant IL
In the military service or that plaintiff
Is not able to determine whether or not
defendant Is In such service. II an affi.
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 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
defendant Is not in such service the
court may require, as condition before
judgment Is entered, that the plaintiff
file a bond approved by the court con-
ditioned to indemnity 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) Amy person who shall make or use
an affidavit required under this section,
knowing It to be false, shall be guilty
Of misdemeanor and shall be punish
able by imprisonment not to exceed one
year or by fine not to exceed $1,000.
(S) In any action or proceeding in
which a person in military service 10 q
party II such party does not personally
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
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 ~
military service during the period OF
such service OF. within thirty days
thereafter, and 1t appears that such
military service in making his defense
thereto, such judgment may, upon APP
plication, made by such person or his
legal representative, not Later thar
ninety days after the termination OF
rendering the same and such defendant
or his legal representative let In to
defend; provided It 10 made to appear
that the defendant has a meritorious
part thereof. Vacating, setting aside. or
reversing any judgment because OF any
Of the provisions Of this Article snail
not impair any right or title acquired
by a bona fde purchaser for value
under such judgment.
(5) At any stage thereof any action
or proceeding in any court In which
person in military service Is involved,
either as plaintiff or defendant, during
the period Of such service or within
sixty days thereafter may aysb n f1e ne nus
ing, on its own motion, and shall, on
application to 1t by such person or
some person on his behalf, be stayed
as provided In this Article, unless, In
plaintiff to prosecute the action or the
defendant to conduct his defense is not
materially affected by reason OF nis
military service.
8. when an action for compliance
pursuant to this Article no hne. or
penalty shall accrue by reason OF fall
ure to comply with the terms OF sucn
contract during the period OF such stay,
to perform any obligation and fine or
penalty for such nOnperformance 10 IN
Cured a court may, on such terms az
may be just, relieve against the enrorce-
ment of such fine or penalty II It snan
appear that the person who would SUI .
fer by such fine or penalty was In tine
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
Z. In any action or proceeding com
menced in any court against q person
in military service. before or our1nG
the period Of such service VIC 0r w, r,sv
in it's descretion, ON its own motion. or
on application to It by such person OF
some person ON his behalf shall, unless
In the opinion Of the court the ability
Judgment or order entered or sought 70
not materially affected by reason OF OILS
military service
(a) Stay the execution Of any .judg-
ment or order entered against sucn per
SON, as provided In this Article; ana
% Vacate or stay any attachment
or garnishment Of property, money. or
debts in the hands Of another, whethee
before or after judgment as PROVIDED In
8. 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 or
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 lnsIaIlments
of such amounts and az sucn Times az
the person in military service is CO.
defendant with others the plaintin may
nevertheless by leave OF court proceed
again the others.
o. The period Of military service
shall not be included in computing any
DeriOd 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.
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 person In mill
tary service, except upon leave Of court
granted upon application therefor or
affecting the right Of possession.
(2) On any such application or In any
such action the court may, In It's dis
erection, on its own motion, and SNAIL
on application, unless In the opinion
of the court the ability OF the tenant
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 other
order as may be just.
(3) Any person who shall knowingly
take part in any eviction or distress
otherwise than as provided In SUB.
misdemeanor, and shall be punishable
by Imprisonment not to exceed one
year or by fine not to exceed $1,000,
or both.