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Session Laws, 1984
Volume 759, Page 1902   View pdf image
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1902

LAWS OF MARYLAND

Ch. 296

Subsection (c)(2) of this section is new language
substituted for the former clause "whose service shall
be paid for by the petitioner to an amount to be fixed
by the said court", for brevity.

In subsection (e) of this section, the clause "to
which she is entitled", which modifies "necessaries",
is substituted for the former word "reasonable", for
clarity and to conform to the language used in
subsection (d) of this section.

In the introductory language of subsection (f) of this
section, the former term "tradesman" is deleted as
included in the term "person".

Also in the introductory language of subsection (f) of
this section, the former phrase "wares or merchandise"
is deleted as included in the term "goods".

In subsection (f)(2) of this section, the phrase
"collect from the husband for the work or the goods"
is substituted for the former phrase "institute
against the petitioner any action, or make any effort
to collect from him any bill or charge for such goods,
wares or merchandise, or work", for brevity.

The Commission to Revise the Annotated Code notes, for
consideration by the General Assembly, that the Court
of Appeals, in Condore v. Prince George's County, 289
Md. 516 (1981), stated that the common law doctrine of
necessaries violates the Maryland Equal Rights
Amendment ("ERA") and is no longer a part of the
common law of this State. The Court further stated
that the statutory provisions of former Article 45, §
21 are invalid under the ERA because they state the
common law rule. The Court also stated that the
General Assembly should determine whether to extend
the common law necessaries doctrine to impose
liability on wives, or to eliminate the necessaries
doctrine in its entirety.

Defined term: "County" § 1-101

SUBTITLE 4. SERVICES TO FAMILIES WITH CHILDREN.

4-401. LEGISLATIVE POLICY.

THE GENERAL ASSEMBLY DECLARES:

(1) THAT IT IS THE POLICY OF THIS STATE TO PROMOTE
FAMILY STABILITY, TO PRESERVE FAMILY UNITY, AND TO HELP FAMILIES
ACHIEVE AND MAINTAIN SELF-RELIANCE BY:

 

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Session Laws, 1984
Volume 759, Page 1902   View pdf image
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