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Session Laws, 1962
Volume 651, Page 201   View pdf image (33K)
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J. MILLARD TAWES, Governor 201

CIVIL RELIEF

General Provisions

IB. In order to provide for, strengthen, and expedite civil defense
and national defense under the emergency conditions which are
threatening the peace and security of the United States and of this
State and to enable this State the more successfully to fulfill the re-
quirements of civil defense and national defense, provision is made to
suspend enforcement of civil liabilities, in certain cases of persons in
civil defense service in order to enable such persons to devote their
entire energy to the civil defense and defense needs of the State and
nation; and in certain cases of persons who have suffered personal in-
jury or property damage in order to enable such persons to devote their
entire energy to the cure or improvement of the injuries or damage
suffered; 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 sub-title remains in force.

14. (a) The term "person in civil defense service" in this sub-title
means a person who is a member of or who works for the State civil
defense organization or a local civil defense organization.

(b) The term "person suffering injury or damage" in this sub-title
means a person who has suffered a death in his immediate family,
serious personal injury to himself or a member of his immediate
family, or extensive property damage to property owned by him or
by a member of his immediate family.

(c) The definitions in sub-sections (a) and (b) apply and the
entire sub-title is effective and applicable only during the effective
period of an official proclamation by the Governor which declares
a stated area to be within a civil defense emergency or disaster area,
actual or threatened.

(d)f The terms <(such category" or <ebeing in such category" in this
sub-title refer to the categories defined in sub-sections (a) and (b)
of this section.

(e) The term "person" when used in this sub-title with reference
to the holder of any right alleged to exist against a person in civil
defense service or a person suffering injury or damage or against
a person secondarily liable under such right, includes individuals,
partnerships, corporations, and any other forms of business
association.

(f) The term "court" as used in this sub-title includes any court
of competent jurisdiction of this State, whether or not a court of
record.

15. (a) The provisions of this sub-title apply to proceedings
commenced 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 prescribed.

(b) When under this sub-title any application is required to be
made to a court in which no proceeding has already been commenced
with respect to the matter, such application may be made to any court.



 

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Session Laws, 1962
Volume 651, Page 201   View pdf image (33K)
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