Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1941-07-17
CHAPTER 10


AN ACT to add a new Article to TIE
Annotated Code of Maryland (1939
Edition), said new Article to be num-
bered Article STA, 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
serving in United States Military and
Naval establishments, including the
Coast Guard.
Section 1. Be it enacted by the Cen
eral Assembly of Maryland, That a new
Article be and 1t is hereby added to the
Annotated Code of Maryland (1030 Edi
tom, said new Article to be numbered
Article S7A, to be entitled Soldiers
and Sailors Civil Relief" and to follow
Immediately after Article 81 and to read
as follows:
ARTICLE S7A.
Soldiers and Sailors Civil Relief.
General Provisions.
1. In order to provide for, strengthen.
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 t.:
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"
as used in this Article, shall include the
following persons and no others: All
members of the Army of the United
States, the United States Navy, the
Marine Corps, the Coast Guard, ana ali
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
well as training or education under the
supervision of the United States pre-
llmnary to induction into the military
service. The terms "active service or
''active duty" shall include the periol
during which a person in military
service is absent from duty on account
Of sickness, wounds, leave, or Othtr
lawful cause.
(2) The term period of military serv-
ice," as used in this Article, shall in.
dates: For persons in active service It
shall begin on October II, 1880; for pcr
sons entering active service after Octo-
Der IL, 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, hut liz
| no case later than the date when this
Article ceases to be in force.
90 The term person" when used IN
this Article with reference to the holter
of any right alleged to exist against a
| person in military service or against a
| person secondarily liable under such
right, shall include individuals, part
nerships, corporations, and any other
forms of business association.
~ The term court" as used in this
Article, shall include any court of com.
petent jurisdiction of this State, whe.
Their or not court Of record.
3. u The provisions of this Article
shall apply to proceedings commence:
In any court and shall be enforced
through the usual forms of procedure
obtaining in such court or under such
regulations as may be by them pre-
scribed
(2) When under this Article any ap
plication Is required to be made TO a
ready been commenced with respect tC
the matter, such application may be
| made to any court
4. ~ Whenever pursuant to any Of
the provisions of this Article the en-.
forcement of any obligation or liability
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
SAY. postponement, or suspension mai
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 OF
enforcement of which Is stayed, post
poned, or suspended.
~ 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 OF
liability for the enforcement OF which
the judgment or decree was entered.