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Session Laws, 1989
Volume 771, Page 3945   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 674

suffering injury or damage is a party if such party does not
personally appear therein or is not represented by an authorized
attorney, the court may appoint an attorney to represent him; and
in such case a like bond may be required and an order made to
protect the rights of such persons. But no attorney appointed
under this subtitle to protect a person in emergency management
[and civil defense] service or a person suffering injury or
damage shall have power to waive any right of the person for whom
he is appointed or bind him by his acts.

(d)  If any judgment shall be rendered in any action or
proceeding governed by this section against any person in
emergency management [and civil defense] service or a person
suffering injury or damage during the period of being in such
category or within thirty days thereafter, and it appears that
such person was prejudiced by reason of his being a person in
emergency management [and civil defense] service or a person
suffering injury or damage in making his defense thereto, such
judgment may, upon application being made by such person or his
legal representative, not later than ninety days after the
termination of being in such category, be opened by the court
rendering the same and such defendant or his legal representative
let in to defend; provided it is made to appear that the
defendant has a meritorious or legal defense to the action or
some part thereof. Vacating, setting aside, or reversing any
judgment because of any of the provisions of this subtitle does
not impair any right or title acquired by a bona fide purchaser
for value under such judgment.

(e)  At any stage thereof any action or proceeding in any
court in which a person in emergency management [and civil
defense] service or a person suffering injury or damage is
involved, either as plaintiff or defendant, during the period of
such service or within sixty days thereafter may, in the
discretion of the court in which it is pending, or its own
motion, and shall, on application to it by such person or some
person on his behalf, be stayed as provided in this subtitle,
unless, in the opinion of the court, the ability of plaintiff to
prosecute the action or the defendant to conduct his defense is
not materially affected by reason of being a person in emergency
management [and civil defense] service or a person suffering
injury or damage.

18.

When an action for compliance with the terms of any contract
is stayed pursuant to this subtitle no fine or penalty shall
accrue by reason of failure to comply with the terms of such
contract during the period of such stay, and in any case where a
person fails to perform any obligation and a fine or penalty for
such nonperformance is incurred a court may, on such terms as may
be just, relieve against the enforcement of such fine or penalty
if it shall appear that the person who would suffer by such fine

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Session Laws, 1989
Volume 771, Page 3945   View pdf image
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