2098

LAWS OF MARYLAND

Ch. 505

or it may make such other order as may be just.

23.

(a) No person who has received, or whose assignor has
received under a contract for the purchase of real or
personal property, or of lease or bailment with a view to
purchase of such property, a deposit or instalment of the
purchase price from a person in [civil defense] EMERGENCY
MANAGEMENT AND CIVIL DEFENSE service or a person suffering
injury or damage or from the assignor of such a person, who
after the date of payment of such deposit or instalment, has
become a person in [civil defense] EMERGENCY MANAGEMENT AND
CIVIL DEFENSE service or a person suffering injury or
damage, shall exercise any right or option under such
contract to rescind or terminate the contract or resume
possession of the property for nonpayment of any instalment
falling due during the period of being in such category,
except by action in a court of competent jurisdiction.
Provided, that nothing contained in this section shall
prevent the modification, termination, or cancellation of
any such contract, or prevent the repossession or retention
of property purchased or received under such contract,
pursuant to a mutual agreement of the parties thereto, or
their assignees, if such agreement is executed in writing
subsequent to the making of such contract and during or
after the period of military service of the person
concerned.

(c) Upon the hearing of such action the court may
order the repayment of prior instalments or deposits or any
part thereof, as a condition of terminating the contract and
resuming possession of the property, or may, in its
discretion, on its own motion, and shall, except as provided
in § 25, on application to it by a person in [civil defense]
EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a person
suffering injury or damage or some person on his behalf,
order a stay of proceedings as provided in this subtitle
unless, in the opinion of the court, the ability of the
defendant to comply with the terms of the contract is not
materially affected by reason of such service; or it may
make such other disposition of the case as may be equitable
to conserve the interests of all parties.

24.

(a) The provisions of this section shall apply only to
obligations originating prior to the time any person became
a person in [civil defense] EMERGENCY MANAGEMENT AND CIVIL
DEFENSE service or a person suffering injury or damage and
secured by mortgage, trust deed, or other security in the
nature of a mortgage upon real or personal property owned by
a person in [civil defense] EMERGENCY MANAGEMENT AND CIVIL
DEFENSE service or a person suffering injury or damage at
the commencement of the period of his being in such
category, and still so owned by him.