Page:United States Statutes at Large Volume 56 Part 1.djvu/800

 PUBLIC LAWS-H. 581 - -OCT. 6, 1942 64 Stat. 1183. 50 U. S. C., app. 532 (3). Sales, foreclosures, and seizures. Ante, p. 770. Penalty. 54 Stat. 1183. 50 U. S. 0., app. 1533. 54 Stat. 1181. 50 U. S. 0., app. {530-533. Appraisal of per- sonal property on stay of proceedings. Payments. Leases executed prior to military serv- Termination of lease. Application by lessor for relief. Penalty for seizure, etc., of personal prop. ety. SEC. 10. Section 302 (3) of such Act is amended to read as follows: "(3) No sale, foreclosure, or seizure of property for nonpayment of any sum due under any such obligation, or for any other breach of the terms thereof, whether under a power of sale, under a judg- ment entered upon warrant of attorney to confess judgment contained therein, or otherwise, shall be valid if made after the date of enact- ment of the Soldiers' and Sailors' Civil Relief Act Amendments of 1942 and during the period of military service or within three months thereafter, except pursuant to an agreement as provided in section 107, unless upon an order previously granted by the court and a return thereto made and approved by the court. "(4) Any person who shall knowingly cause to be made any sale, foreclosure, or seizure of property, defined as invalid by subsection (3) hereof, or attempts so to do, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or by fine not to exceed $1,000, or both." SEC. 11 . Section 303 of such Act is repealed. SEC. 12. Article III of such Act is amended by adding at the end thereof the following: "SEC. 303 . Where a proceeding to foreclose a mortgage upon or to resume possession of personal property, or to rescind or terminate a contract for the purchase thereof, has been stayed as provided in this Act, the court may, unless in its opinion an undue hardship would result to the dependents of the person in military service, appoint three disinterested parties to appraise the property and, based upon the report of the appraisers, order such sum, if any, as may be just, paid to the person in military service or his dependent, as the case may be, as a condition of foreclosing the mortgage, resuming posses- sion of the property, or rescinding or terminating the contract. "SEC. 304. (1) The provisions of this section shall apply to any lease covering premises occupied for dwelling, professional, business, agricultural, or similar purposes in any case in which (a) such lease was executed by or on the behalf of a person who, after the execution of such lease, entered military service, and (b) the premises so leased have been occupied for such purposes, or for a combination of such purposes, by such person or by him and his dependents. "(2) Any such lease may be terminated by notice in writing deliv- ered to the lessor (or his grantee) or to the lessor's (or his grantee's) agent by the lessee at any time following the date of the beginning of his period of military service. Delivery of such notice may be accom- plished by placing it in an envelope properly stamped and duly addressed to the lessor (or his grantee) or to the lessor's (or his grantee's) agent and depositing the notice in the United States mails. Termination of any such lease providing for monthly payment of rent shall not be effective until thirty days after the first date on which the next rental payment is due and payable subsequent to the date when such notice is delivered or mailed. In the case of all other leases, termination shall be effected on the last day of the month following the month in which such notice is delivered or mailed and in such case any unpaid rental for a period preceding termination shall be proratably computed and any rental paid in advance for a period succeeding termination shall be refunded by the lessor (or his assignee). Upon application by the lessor to the appropriate court prior to the termination period provided for in the notice, any relief granted in this subsection shall be subject to such modifications or restrictions as in the opinion of the court justice and equity may in the circumstances require. "(3) Any person who shall knowingly seize, hold, or detain the personal effects, clothing, furniture, or other property of any person 772 [56 STAT.

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