Page:United States Statutes at Large Volume 40 Part 1.djvu/459

 SIXTY-FIF TH CONGRESS. Sess. II. C11. 20. 1918. 441 individuals, partnerships, corporations, and any other forms of business association. mom ,_ (4) 'l`he term " court" as used in this Act shall include any court of ' competent jurisdiction of the United States or of any State, whether or not a court of record. U _ t, { um (5) The term "termination of the wa.r" as used in this Act shall war," '°° ° mean the termination of the present war by the treaty of peace as proclaimed b the President. — _ _ _ Sec. 102. Zi) That the revisions of this Act shall apply to the _,,§°§§,‘,'§’,§}g,,,§{},_"*"°"‘ United States, the several) States and Territories, the istrict of Columbia, and all territory subject to the jurisdiction of the United States, and to roceedings commenced in any court therein, and shall be enforced) through the usual forms of Egocedure obtaining in such courts or under such regulations as may by them prescribed. (2) When under this Act any a plication is required to be made Jmisdictianofcourtsa to a court in which no proceeding lias alreadgebeen commenced with regmct to the matter, such application may made to any court. te ded Ec. 103. Whenever pursuant to any of the tgrovisions of this Act t,,Sg,”§¥g0§*§°'sg§§¤d’§my the enforcement of any obligation or liability, e prosecution of any “° *°· suit or proceeding, the en? or enforcement of any order, writ, judgment, or decree, or the pe ormance of any other act, may be stayed, postponed, or suspended, such stay, lpostponement, or suspension may, in the discretion of the court, li ewise be gpanted to sureties, guarantors, indorsers, and others subject to the ob `gation or liability, the pegfoémance or enforcement of which is stayed, postponed, or suspen e. _ When a judgment or decree is vacated or set aside in whole or e,X$§d’§sd,€,ms$§§ in part, as rovided in this Act, the same may, in the discretion of ¤¤s¤*¤- the co1u·t, liiewise be set aside and vacated as to any surety, guarantor, indorser, or other person liable upon the contract or liab ity for the enforcement of which the judgment or decree was entered. Arzrronn H. emxnnar. rmnmr. _ °'°""“’“°“°'· Sec. 200. That in any action or roceedin commenced in an *"°*?*?“°“°’P°“‘2“S court if there shall be a default of ari) appearagice by the defendanlt iiugainxiifhiiiifflgméiiiivlicrli the plaintiff before entering judgment shall iile in the court an d°f““1°’°t°‘ affidavit setting forth facts showing that the defendant is not in _ tus military service. If unable to file such affidavit plaintiff shall in .,;§§,°},°d2,l§`eY,°L€:§d_ lieu thereof Hle an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. If an affidavit is not filed showing that the defendant is not in the military service, no judgment shall be entered without first securing an order of court directing such entry, and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his interest and the. court shall on a plication make such appointment. Unless it appears m,f§“,‘}n,,bS§"},’§,e,j,‘{,§’,§§ that the defendant is not in such service the court ma require as ¤¤*i¤¤¢¤’i¢¢· a condition before judgment is entered that the plaintifiy file a bond approved by the court conditioned to indemnify the defendant, if in military service, ainst any loss or damage that he may suffer by reason of any ju?gment should the judgment be thereafter set aside in whole or in part. And the court may make such other and °"’°' “’H°" further order or enter such jud ent as in its opinion may be necessary to protect the rights of tile? defendant under this Act. _ _(2) Any person_ who shall make or use an affidavit required under  M as this section knowing it to be false shall be guilty of a misdemeanor and shall be punishable by imprisonment not to exceed one year or by fine not to exceed $1,000, or both.