Page:United States Statutes at Large Volume 54 Part 1.djvu/1215

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54 STAT.] 76rH CONG., 3 D SESS.-CH. 888-OCT. 17, 1940 SEC. 201. At any stage thereof any action or proceeding in any court in which a person in military service 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, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in this Act, 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 his military service. SEC. 202. When an action for compliance with the terms of any contract is stayed pursuant to this Act 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 per- form 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 or penalty was in the military service when the penalty was incurred and that by reason of such service the ability of such person to pay or perform was thereby materially impaired. SEC. 203. In any action or proceeding' commenced in any court against a person in military service, before or during the period of such service, or within sixty days thereafter, the court may, in its discretion, on its own motion, or on application to it by such person or some person on his behalf shall, unless in the opinion of the court the ability of the defendant to comply with the judgment or order entered or sought is not materially affected by reason of his military service- (a) Stay the execution of any judgment or order entered against such person, as provided in this Act; and (b) Vacate or stay any attachment or garnishment of property, money, or debts in the hands of another, whether before or after judgment as provided in this Act. SEC. 204. Any stay of any action, proceeding, attachment, or exe- cution, ordered by any court under the provisions of this Act may, except as otherwise provided, be ordered for the period of military service and three months thereafter or any part of such period, and subject to such terms as may be just, whether as to payment in install- ments of such amounts and at such times as the court may fix or otherwise. Where the person in military service is a codefendant with others the plaintiff may nevertheless by leave of court proceed against the others. SEC. 205. The period of military service shall not be included in com- puting any period now or hereafter to be limited by any law for the bringing of any action by or against any person in military service or by or against his heirs, executors, administrators, or assigns, whether such cause of action shall have accrued prior to or during the period of such service. ARTICLE III-RENT, INSTALLMENT CONTRACTS, MORTGAGES SEC. 300 . (1) No eviction or distress shall be made during the period of military service in respect of any premises for which the agreed rent does not exceed $80 per month, occupied chiefly for dwelling purposes by the wife, children, or other dependents of a person in military service except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession. (2) On any such application or in any such action the court may, in its discretion, on its own motion, and shall, on application, unless in 1181 Stay of proceeding; exception. Relief against fines or penalties on con- tracts, etc., while in service. Actions against per- sons in service. Authority of court. Stay execution of judgment. Vacate attachment, etc. Continuance of stay, etc. Codefendants. Statute of limita- tions. Military service not included in period. Evictions re- strained. Stay of proceedings, etc.