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Session Laws, 1941
Volume 582, Page 1232   View pdf image (33K)
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1232 LAWS OF MARYLAND. [CH. 710

the plaintiff file a bond approved by the court conditioned to
indemnify the defendant, if 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 punishable by imprisonment not
to exceed one year or by fine not to exceed f 1, 000, or both.

(3) In any action or proceeding in which a person in mili-
tary service is a party if such party does not personally ap-
pear 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 pro-
tect the fights of such persons. But no attorney 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.

(4) If any judgment shall be rendered in any action or
proceeding governed by this section against any person in
military service during the 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 thereto, such judgment may, upon application, made
by such person or his legal representative, not later than
ninety days after the termination of such service, be opened
by the court rendering the same and such defendant or his
legal representative let in to defend; provided it is made to
appear that the defendant has a meritorious or legal defense
to the action or some part thereof, Vacating, getting aside, or
reversing any judgment because of any 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 action or proceeding in any
court in which a person in military service is involved, either
as plaintiff or defendant, during the period of such service
or within sixty days thereafter may, in the discretion of the
court in which it is pending, on its own motion, and shall,
on application to it by such person or some person on his
behalf, be stayed as provided in this Article, unless, in the
opinion of the court, the ability of plaintiff to prosecute the
action or the defendant to conduct his defense is not material-
ly affected by reason of his military service.

6. When an action for compliance with the terms of any
s6ntract is stayed pursuant to this Article no fine or penalty

 

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Session Laws, 1941
Volume 582, Page 1232   View pdf image (33K)   << PREVIOUS  NEXT >>


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