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Session Laws, 1962
Volume 651, Page 202   View pdf image (33K)
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202 LAWS OF MARYLAND [CH. 56

16. (a) Whenever, pursuant to any of the provisions of this sub-
title, the enforcement of any obligation or liability, the prosecution
of any suit or proceeding, 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 stay, postponement or sus-
pension may, in the discretion of the court, likewise be granted to
sureties, guarantors, endorsers, and others subject to the obligation
or liability, the performance or enforcement of which is stayed,
postponed, or suspended.

(b) When a judgment or decree is vacated or set aside in whole
or in part, as provided in this sub-title, the same may, in the dis-
cretion of the court, likewise be set aside and vacated as to any
surety, guarantor, endorser, or other person liable upon the contract
or liability for the enforcement of which the judgment or decree
was entered.

General Relief

17. (a) In any action or proceeding commenced in any court, if
there shall be a default of any appearance by the defendant, the
plaintiff, before entering judgment shall file in the court an affidavit
setting forth facts showing that the defendant is not a person in
civil defense service or a person suffering injury or damage. If unable
to file such affidavit plaintiff shall in lieu thereof file an affidavit
setting forth either that the defendant is a person in civil defense
service or a person suffering injury or damage or that plaintiff is
not able to determine whether or not defendant is in such categories.
If an affidavit is not filed showing that the defendant is not a
person in civil defense service or a person suffering injury or damage,
no judgment shall be entered without first securing an order of court
directing such entry, and no such order shall be made if the defendant
is in such category until after the court shall have appointed an
attorney to represent defendant and protect his interest, and the
court shall on application make such appointment. Unless it appears
that the defendant is not in such category the court may require,
as a condition before judgment is entered, that the plaintiff file a
bond approved by the court conditioned to indemnify the defendant,
if in any such category, 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. The court may make such other and
further order or enter such judgment as in its opinion may be neces-
sary to protect the rights of the defendant under this sub-title.

(b) Any person who makes or uses an affidavit required under
this section, knowing it to be false, is guilty of a misdemeanor and
shall be punishable by imprisonment not to exceed one year or by
fine not to exceed $1, 000, or both.

(c) In any action or proceeding in which a person in civil defense
service or a person suffering injury or damage is a party if such
party does not personally appear 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 protect the rights of such persons. But no attorney appointed
under this sub-title to protect a person in civil defense service or a
person suffering injury or damage shall have power to waive any
right of the person for whom he is appointed or bind him by his acts.



 

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Session Laws, 1962
Volume 651, Page 202   View pdf image (33K)
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