Marvin Mandel, Governor                       1683

under the laws of this State or of any other state in the United States,
or the United States, or the United States and has been sentenced to
serve at least three years or an indeterminate sentence in any pen-
itentiary or penal institution eighteen months of which sentence has
been served; seventhly, on the application of either party when the
husband and wife have lived separate and apart without any cohabita-
tion and without interruption for five years. A plea of res adjudicata
or of recrimination with respect to any other provisions of this section
shall not be a bar to either party obtaining a divorce of this seventh
ground. When a divorce is granted on this seventh ground, the court,
in the absence of a bona fide property division agreement between the
parties, which it may exercise on the application of their EITHER
party, may divide and distribute between the parties, all their prop-
erty, real, personal or mixed, over which the court has jurisdiction.
The amount and proportion of the property to be divided and dis-
tributed shall be in the sound discretion of the court as just and
equitable considering all the circumstances of the case.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1972.

Approved May 26, 1972.

CHAPTER 648
(House Bill 947)

AN ACT to add new Section 112(k) to Article 77 of the Annotated
Code of Maryland (1969 Replacement Volume), title "Public
Education," subtitle "Teachers," to follow immediately after Sec-
tion 112(j) thereof; and to repeal in its entirety Chapter 632 of
the Acts of 1969, that Chapter relating to the crediting for salary
purposes of any time spent on active duty by a teacher enlisting
in the armed forces of the United States under certain circum-
stances; and to provide for the reinstatement of and reemployment
of teachers and classified employees of any county or Baltimore City
Board of Education in the State who enter the armed forces of the
United States on an active basis and generally relating thereto.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 112(k) be and it is hereby added to Article 77 of
the Annotated Code of Maryland (1969 Replacement Volume), title
"Public Education," subtitle "Teachers," to follow immediately after
Section 112(j) thereof; and that Chapter 632 of the Acts of 1969 be
and it is hereby repealed; to read as follows:

112.

(k) Any teacher or classified employee of the Baltimore City or
any county Board of Education in the State other than a temporary
or emergency employee who by reason of his entry into the armed
forces of the United States has left or leaves his position with the
Board of Education, shall be reinstated to the classification which
he held prior to his entry into the armed forces, or to a position of
equal responsibility, qualifications, and pay, provided: