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Session Laws, 1981
Volume 741, Page 2099   View pdf image
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HARRY HUGHES, Governor

2099

(b)  In any proceeding commenced in any court during
the period of being a person in [civil defense] EMERGENCY
MANAGEMENT AND CIVIL DEFENSE service or a person suffering
injury or damage to enforce such obligation arising out of
the nonpayment of any sum thereunder due or out of any other
breach of the terms thereof occurring prior to or during the
period of being in such category the court may, after
hearing, in its discretion, on its own motion, and shall,
except as provided in § 25, on application to it by such a
person in [civil defense] EMERGENCY MANAGEMENT AND CIVIL
DEFENSE service or a person suffering injury or damage or
some person on his behalf, unless in the opinion of the
court the ability of the defendant to comply with the terms
of the obligation is not materially affected by reason of
his being in such category —

(1)  Stay the proceedings as provided in this
subtitle; or

(2)  Make such other disposition of the case as
may be equitable to conserve the interests of all parties.

(c)  No sale under a power of sale or under a judgment
entered upon warrant of attorney to confess judgment
contained in any such obligation shall be valid if made
during the period of being a person in [civil defense]
EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a person
suffering injury or damage or within three months
thereafter, unless upon an order of sale previously granted
by the court and a return thereto made and approved by the
court.

25.

No court shall stay a proceeding to resume possession
of a motor vehicle, tractor, or the accessories of either,
or for an order of sale thereof, when said motor vehicle,
tractor, or accessories are encumbered by a purchase money
mortgage, conditional sales contract, or a lease or bailment
with a view to purchase, unless the court shall find that 50
per centum or more of the purchase price of said property
has been paid, but in any such proceeding the court may,
before entering an order or judgment, require the plaintiff
to file a bond, approved by the court, conditioned to
indemnify the defendant, if a person in [civil defense]
EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a person
suffering injury or damage, against any loss or damage that
he may suffer by reason of any such judgment or order should
the judgment or order be set aside in whole or in part.

26.

(a) The provisions of this section shall apply when
any taxes or assessments, whether general or special,
falling due during the period of being a person in [civil
defense] EMERGENCY MANAGEMENT AND CIVIL DEFENSE service or a
person suffering injury or damage in respect of real

 

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Session Laws, 1981
Volume 741, Page 2099   View pdf image
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