Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1941-08-01
. PUBLIC GENERAL LAWS
General Relief

the DEFENDANT IS not in military service,
shall in lieu thereof file an affidavit set
ting forth either that the defendant 10
in the military service or that plaintiff
is not able to determine whether or not
davit 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
defendant Is not In such service the
court may require, as condition before
judgment is entered, that the plaintiff
di dit It 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 it's opinion may be necessary to
protect the rights Of the defendant
under this Article. ..,..,..
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
(S) In any action or proceeding in
which a person in military service Is o
party If such party does not personally
appear therein or is not represented by
an authorized attorney, the court may
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
OnTR1AA
shall have power to waive any right Of
the person for whom he n appointed or
bind him by his acts.
az If any judgment shall be rendered
in any action or proceeding governed
@ ny ta1s serVice during t6s 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
plication, made by such person or his
ninety days after the termination Of
such service, be opened by the court
or his legal representative let in to
defend; provided it is made to appear
that the defendant has a mer1tor1ous
or legal defense to the action or some
part thereof. vacating, setting asiee, OF
of the provisions Of this Article shall
not impair any right or title acquired
by a bona fide purchaser for value
under such judgment.
(5) At any stage thereof any acton
or proceeding in any court in which q
person in military service 10 involved,
either as plaintiff or defendant, during
the period Of such service or WITHIN
sixty days thereafter may, IN the ais
ing, on it's own motion, and shall, on
application to it by such person or
some person on his behalf, De stayeo
as provided in this Article, unless, m
the opinion Of the court, the ability OIL
plaintiff to prosecute the action or the
defendant to conduct his defense is not
materially affected by reason OF ms
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 sucN
contract during the period Of such stay,
to perform any obligation and a fine or
penalty for such nonperformance Is IN
Cured a court may, on such terms as
may be just, relieve against the ENFORCE,
ment Of such fine or penalty II 1t 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 such
service the ability Of such person TO pay
Ut pe5AoEm "oS s"eAeO'
Z. In any action or proceeding COM
menced in any court against person
in military service, before or during
sixty days thereafter, the court may,
in its descretion, on its own motion. OF
on application to It by guch person on
some person on his behalf shall, unless
in the opinion Of the sSnri the %th ny
Judgment or order entered or sought is
not materially affected by reason OF nls
military service
(a) Stay the execution Of any .5udg.
ment or order entered againsI! suee pr
(b) Vacate or stay any attachment
or garnishment Of property, money, OF
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, ordered
by any court under the provisions OF
this Article may, except as Otnerwlee
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 1nstauments
Of such amounts and At sgSn tiWes S g
the person in military service ie CO.
defendant with others the plaintiff may
nevertheless by leave OF court process
again The EHe J period Of military service
shall not be included in computing any
period now or hereafter to be hmite0
BY any law for the bringing OF any
action by. or against any person IN mill
tary service or by or against his heirA
executors, administrators, or assigns,
whether such cause Of action shall have
accrued prior to or during the period
Of such service.
Rent, InstalIment 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 for
dwelling purposes by the wife, children,
or other dependents Of person In MILF
granted upon application therefor OF
granted in an action or proceeding
affecting the right Of possession. '-'
(2) On any such application or In any
such action the court may, In Its dis
erection, on it's own motion, and shall,
on application, unless in the opinion
of the court the ability Of the tenant
to pay the agreed rent is not materially
affected by reason Of such military Befv-
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.
take part in any eviction or distress
otherwise than as provided In sub
section az hereof shall be guilty Of o
misdemeanor, and shall be punishable
by Imprisonment not to exceed one
year or by fine not to exceed $1,000,
ii. (i) No person who priort to,