Page:United States Statutes at Large Volume 40 Part 1.djvu/460

 442 SIXTY-FIFTH CONGRESS. Sess. II. Ch. 20. 1918. peg§,§‘T§§,Q,¥§§{,°S;§§ (3) In any action or proceeding in which a seison in military rresvntew- service is a party if such party does not person ly appear therem or is not represented by an authorized attorney, the court may appoint an attorney to represent him; and in suc case a like bond may be rgquired and an order mad; to (protteg t‘l/ie rights of sigch rson. ut no attorne a ointe un er 's ct to pro ec a ggrson in military servicg sliiall have power to waive any right of the person for whom he is appointed or bind him by his acts. {;¤gu¤}_$¤;°rgigi;:* (4) If any `udgment shall e rendered in any action or proceeding ggmpeneasrzertemll governed by tlhis section against any person in military service during §§§§“,{,'§,,"{,°;_“ p’°l“' the period of such service or within thirty days thereafter, and it appears that such person was prejudiced K reason of his military service in making his defense thereto, suc judgment may, upon application, made by such person or his legal representative, not later (tihlan plinety days dafter tge terminatilon og guph gervice, 13; 0 ne tecourtren erin tesamean suc een antor ' °°“dm°“· lelgeal repiyesentative let in to ilizlefend; provided it is made to appear that the defendant has a meritorious or legal defense to the action Rgggandmpw or some part thereof. Vacating, setting aside, or reversingl any judgment because of any of the provisions of this Act sha not urilpair may righlt ordgge acquired by any bona fide purchaser for v ue un er suc u ent. auiggd g}l,gS;°;;$g§g;g Sach2_01. That int ainy stage thereof any actirzph or  comma atlected by service mence m an court y or against a rson 111 tary service u ` °‘*’°“"· the glegriod ofy such service or withinpcsixty days thereafter mayiuig thai iucrlietion of tgie court  wlhich ithis pending, on its own moticlgié an s, on ap cation to 1t y suc person or some person on ` behalf, be sta eel, as provided in this Act, unless, in the 0 inion of the court, the abity of plaintiff to prosecute the action or the defendant Elmilponduct   defense is not materially affected by reason of his tary service. · m§°*;;m§*n   812:0.20;. That when an action for compliance with the terms of any mes, ew., while in contract is stayed pursuant to this Act no fine or penalty sha.ll 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 enforlizemenlhpf shich gine o1ilp§1nalty‘if itl shall appezg that the rson w o wo su er suc e or ena t was in the m` `ta gegrvice when the penalty {vas incurred aliid thiit by reason of suizvh servicealihe abilitydof such person to pay or perform was thereby materi yim aire. S0§;§}1¤Qc¤“*ggL*$¤¤°* Src. 203. ’llhat in any action or proceeding commenced in any iuuiémy timer:. court against a person in military service, before or during the period of such service, or within sixty days thereafter, the court may, in its discretion, on its own rlpiotipikapfr gisllamcation tip it by suci; exson or some erson on s e s, ess in the o mion 0 lihe court the ability of the defendant to comply with the jliidgment p&·S¢;gl£r entered or sought is not materially affected by reason of tary service: O,§§j,{g,;$;_,{_°*°°“*i°¤ (1) Stay the execution. of any judgment or order entered against _ such person, as provided in this Act, and _ M;w‘° “°”°°‘“"°“*· (2) Vacate or stay any attachment or garmshment of property, mpinjey, or debts  gie apndspxof another, whether before or after _ u vment, as rovi e in tus. ct. ,.,$_'?‘;??£°Z>$°  J Sec. 204. That any stay of any action, proceeding, attachment, or ef $°“`*°°· execution, ordered by any court under the provisions of this Act may, except as otherwise provided, be ordered for the eriod 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 installments of such amounts and at such times as the court may fix