48                                     LAWS OF MARYLAND                            [CH. 21

(1) In the case of any such person who, in order to perform such
active duty or training, has left or leaves a position (other than a
temporary position) in the employ of any employer, including the
State of Maryland or any political subdivision thereof, and who
applies or makes application for re-employment within thirty days
after being relieved from such duty or training—

(i)  If still qualified to perform the duties of such position, shall
be restored by the employer or his successor in interest to such posi-
tion, or to a position of like seniority, status, and pay; or

(ii) If not qualified to perform the duties of such position by
reason of disability sustained during the active duty or training, but
if qualified to perform the duties of any other position in the employ-
ment of the employer or his successor in interest to such other posi-
tion, the duties of which he is qualified to perform, as will provide
him like seniority, status, and pay, or the nearest approximation
thereof consistent with the circumstances in each case, unless the
employer's circumstances have so changed as to make it impossible
or unreasonable to do so.

(2)  It is the sense and intent of the General Assembly that any
person who is restored to a position in accordance with the provisions
of this section should be restored in such manner as to give him the
status in his employment that he would have enjoyed if he had con-
tinued in such employment continuously from the time of his enter-
ing upon the active duty or training until the time of his restoration
to the civilian employment.

(3)  In case any private employer fails or refuses to comply with
the provisions of this section, the circuit court of the county, or of
Baltimore City, as the case may be, wherein the private employer
maintains a place of business, upon the filing of a motion, petition,
or other appropriate pleading by the person entitled to the benefits
of this section, may require the employer to comply with the provi-
sions of this section and to compensate such person for any loss of
wages or benefits suffered by reason of the employer's unlawful
action; provided that no fees or court costs shall be taxed against
any person who may apply for such benefits, and provided further
that only the employer shall be deemed a necessary party respondent
to any such action.

Sec. 2. And be it further enacted, That this Act shall take effect
June 1, 1964.

Approved April 7, 1964.

CHAPTER 21
(Senate Bill 44)

AN ACT to add new Section 182B to Article 77 of the Annotated
Code of Maryland (1957 Edition and 1963 Supplement), title
"Public Education", sub-title "Chapter 16. Public Libraries", to
follow immediately after Section 182A thereof, establishing an
incentive fund for certain public libraries to pay for debt service
and/or capital outlay expenditures on a pay-as-you-go basis.