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Session Laws, 1973, Special Session
Volume 710, Page 212   View pdf image
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212                                       LAWS OF MARYLAND                            [Ch- 2

(B) EXCEPTION.

THIS SECTION DOES NOT APPLY IF THE STATUTE OF
LIMITATIONS HAS MORE THAN THREE YEARS TO RUN WHEN THE
DISABILITY IS REMOVED.

(C) DISABILITIES ABOLISHED.

IMPRISONMENT, ABSENCE FROM THE STATE, OR MARRIAGE
ARE NOT DISABILITIES WHICH EXTEND THE STATUTE OF
LIMITATIONS.

REVISOR'S NOTE: This section is new language. In
purpose, subsection (a) replaces the
provisions extending the period of
limitations for a person under a disability
presently appearing in Art. 57, §§ 2, 3,
3A, 4, 6, and 7. The scheme of these
sections is that a person under a
disability has the period of the statute of
limitations, if five years or less, or half
the period if greater than five years after
removal of the disability in which to file
suit.

In the opinion of the commission, this
period is overly long, especially when
applied to real property where under the
present law, a person has ten years after
the removal of the disability within which
to file suit. This is a substantive
change.

The disability of being less than 21 years
old is changed to minority to give effect
to Ch. 651, Acts of 1973 (H.B. 299) which
lowered the age of majority.

The term "non compos mentis" is changed to
"mental incompetent". Formerly each term
appeared in two sections.

It should be noted that the only
disabilities under this section are infancy
and insanity. Subsection (c) provides that
the common—law disabilities of coverture,
imprisonment, and absence from the
jurisdiction no longer apply in Maryland.

Absence of the plaintiff from the
jurisdiction at the time the action accrues

 

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Session Laws, 1973, Special Session
Volume 710, Page 212   View pdf image
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