Page images
PDF
EPUB

a

(2) 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. 203, act of March 8, 1918 (40 Stat. 442).

2078. Continuance of stay of proceedings.--That any stay of any action, pro(eeding, attachment, or execution, 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 installments of such amounts and at such times as the court may fix or otherwise. Sec. 2014, act of March 8, 1918 (40 Stat. 442).

2079. Period of military service not included in time of statutes of limitations.--That the period of military service shall not be included in computing 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. Sec. 205, act of March 8, 1918 (40 Stat. 443).

Notes of Decisions, Absence of attorney.-A failure to apply military service does not give the court for bankrupt's discharge within the jurisdiction to entertain a motion for the statutory period of 18 months by reason of bankrupt's discharge under this section. the bankrupt's attorney having entered the In re Weldon (D. C. 1920), 262 Fed. 822.

2080. Proceedings against codefendants.- * Where the person in mill. tary service is a codefendant with others the plaintiff may nevertheless by leave of court proceed against the others. Sec, 204, act of March 8, 1918 (40 Stat. 442).

2081. Evidence of military service. That in any proceeding under this Act a certificate signed by The Adjutant General of the Army as to persons in the Army or in any branch of the United States service while serving pursuant to law with the Army, signed by the Chief of the Bureau of Navigation of the Navy Department as to persons in the Navy or in any other branch of the United States service while serving pursuant to law with the Navy, and signed by the Major General, Commandant, United States Marine Corps, as to persons in the Marine Corps, or in any other branch of the United States service while serving pursuant to law with the Marine Corps, or signed by an officer designated by any of them, respectively, for the purpose, shall when produced be prima facie evidence as to any of the following facts stated in such certificate:

That a person named has not been, or is, or has been in military service; the time when and the place where such person entered military service, his residence at that time, and the rank, branch, and unit of such service that he entered, the dates within which he was in military service, the monthly pay received by such person at the date of issuing the certificate, the time when and place where such person died in or was discharged from such service.

It shall be the duty of the foregoing officers to furnish such certificate on application, and any such certificate when purporting to be signed by any one of such officers or by any person purporting upon the face of the certificate to have been so authorized shall be prima facie evidence of its contents and of the authority of the signer to issue the same. Sec. 601 (1), act of March 8, 1918 (10 Stat. 448).

2082. Proof of death in military service. Where a person in military service has been reported missing he shall be presumed to continue in the service until

[ocr errors]

accounted for, and no period herein limited which begins or ends with the death of such person shall begin or end until the death of such person is in fact reported to or found by the Departnient of War or Navy, or any court or board thereof, or until such death is found by a court of competent jurisdiction : Provided, That no period herein limited which begins or ends with the (leath of such person shall be extended hereby beyond a period of six months after the termination of the war. Sec. 601 (2), act of March 8, 1918 (40 Stat. 419).

2003. Interlocutory orders.—That any interlocutory order made by any court under the provisions of this Act may, upon the court's own motion or otherwise, be revoked, modified, or extended by it upon such notice to the parties affected as it may require. Sec. 602, act of March 8, 1918 (40 Stat. 419).

2084. Transfer of interest.---That where in any proceeding to enforce a civil right in any count it is made to appear to the satisfaction of the court that any interest, property, or contract has since the date of the approval of this Act been transferred or acquired with intent to delay the just enforcement of such right by taking advantage of this Act, the court shall enter such judgment or make such order as might lawfully be entered or made the provisions of this Act to the contrary notwithstanding. Scc. 000, act of March 8, 1918 (40 Stat. 448),

2085. Taxes on real property unpaid.—That the provisions of this section shal} apply when any taxes or assessments, whether general or special, falling due during the period of military service in respect of real property owned and occupied for dwelling or business purposes by a person in military service or his dependents at the commencement of his period of military service and still so occupied by his dependents or employees are not paid. Sec. 500 (1), act of March 8, 1918 (10 Stat. 447).

2086. Collection of taxes stayed.-When any person in military service, or any person in his behalf, shall file with the collector of taxes, or other officer whose duty it is to enforce the collection of taxes or assessments, an affidavit showing (a) that a tax or assessment has been assessed upon property which is the subject of this section, (b) that such tax or assessment is unpaid, and (c) that by reason of such military service the ability of such person to pay such tax or assessment is materially affected, no sale of such property shall be made to enforce the collection of such tax or assessment, or any proceeding or action for such purpose commenced, except upon leave of court granted upon an application made therefor by such collector or other officer. The court thereupon may stay such proceedings or such sale, as provided in this Act, for a period extending not more than six months after the termination of the war. Sec. 500 (2), act of March 8, 1918 (40 Stat. 47).

2087. Redemption of property sold for taxes. When by law such property may be sold or forfeited to enforce the collection of such tax or assessment, such persop in military service shall have the right to redeem or commence an action to redeem such property, at any time not later than six months after the termination of such service, but in no case later than six nionths after the termination of the war; but this shall not be taken to shorten any perioil, now or hereafter provided by the laws of any State or Territory for such redemption. Sec. 500 (3), act of March 8, 1918 (10 stat. 447).

2088. Interest on unpaid taxes.--Whenever any tax or assessment shall not be paid when due, such tax or assessment due and unpaid shall bear interest until

[ocr errors][ocr errors][ocr errors]

146345--21-VOL 2-11

1085 paid at the rate of six per centum per annum, and no other penalty or interest shall be incurred by reason of such nonpayment. Any lien for such unpaid taxes or assessment shall also include such interest thereon. Sec. 500 (4), act of Jarch 8, 1918 (40 Stat. 447).

2089. Rent not paid by dependents of soldiers.-(1) That 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 $50 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 the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three nionths, as provided in this Act, or it may make such other order as may be just. Sec. 300, act of March 8, 1918 (40 Stat. 413).

2090. Punishment for unlawful eviction.--Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (1) hereof 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. Sec. 300 (3), act of March 8, 1918 (40 stat. 443).

2091. Compulsory allotment of pay to discharge rent.--The Secretary of War or the Secretary of the Navy, as the case may be, is hereby empowered, subject to such regulations as he may prescribe, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the wife, children, or other dependents of such person. Sec. 300 (4), act of March 8, 1918 (40 stat. 443).

2092. Installments due on purchase of real property not paid.-(1) That no person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of such property, a deposit or installment of the purchase price from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise aby right or option under such contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment falling due during the period of such military service, except by action in a court of competent jurisdiction.

(1a) Any person who shall knowingly resume possession of property which is the subject of this section otherwise than as provided in subsection (1) hereof 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.

(2) Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof, as a condition of terminating the contract and resuming possession of the property, or may, in its discretion, on its own motion, and shall, on application to it by such person in military service or some person on his behalf, order a stay of proceedings as provided in this Act unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of such service; or it may make such other disposition of the case as may be equitable to conserve the interests of all parties. Sec. 301, act of March 8, 1918 (10 Stat, 443),

2093. Mortgage obligations.-(1) The provisions of this section shall apply only to obligations originating prior to the date of approval of this Act and secured by mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person in military service at the commencement of the period of the military service and still so owne! by him.

(2) In any proceeding commenced in any court during the period of mili. tary service to enforce such obligation arising out of nonpayment of any sum thereunder due or out of any other breach of the terms thereof occurring prio! to or during the period of such service, the court may, after hearing, in its discretion, on its own motion, and shall, on application to it by such person in military service or some person on his behalf, unless in the opinion of the court the ability of the defendant to comply with the terms of the obligation is not materially affected by reason of his military service

(a) Stay the proceedings as provided in this Act; or

(b) Make such other disposition of the case as may be equitable to conserve the interests of all parties. Sec. 302, act of March 8, 1918 (40 Stat. 444).

2094. Sale of mortgaged property restricted.—No sale under a power of sale or under a judgment entered upon warrant of attorney to confess judgment contained in any such obligation shall be valid if made during the period of military service or within three months thereafter, unless upon an order of sale previously granted by the court and a return thereto made and approved by the court. Sec. 302 (3), act of March 8, 1918 (40 Stat. 444).

2095. Definition of policy, premium, insured, insurer.—That in this Article the term “policy" shall include any contract of life insurance on the level premium or legal reserve plan. It shall also include any benefit in the nature of life insurance arising out of membership in any fraternal or beneficial association; the term "premium” shall include membership dues or assessments in such association, and the date of issuance of policy as herein limited shall refer to the date of admission to membership in such association; the term "insured” shall include any person who is the holder of a policy as defined in this Article; the term "insurer" shall include any corporation, partnership, or other form of association which secures or provides insurance under any policy as defined in this Article. Sec. 400, act of March 8, 1918 (10 Stat. 144).

2096. Life insurance policies protected during military service.-That no policy which has not lapsed for the nonpayment of premium before the commencement of the period of military service of the insured, and which has been brought within the benefits of this Article, shall lapse or be forfeited for the nonpayment of premium during the period of such service or during one year after the expiration of such period: Provided, That in no case shall this prohibition extend for more than one year after the termination of the war. Sec. 405, act of March 8, 1918 (10 Stat. 445).

2097. Application for protection of life insurance.-That the benefits of this Article shall apply to any person in military service who is the holder of a policy of life insurance, when such holder shall apply for such benefits on a form prepared in accordance with regulations which shall be prescribed by the Secretary of the Treasury. Such form shall set forth particularly that the application therein made is a consent to such modification of the terms of the original contract of insurance as are made necessary by the provisions of this Article and by receiving and filing the same the insurer shall be deemed

[ocr errors]

$

to have assented thereto, to the extent, if any, to which the policy on which the application is made is within the provisions of this Article. The original of such application shall be sent by the insured to the insurer, and a copy thereof to the Bureau of War Risk Insurance.

The Bureau of War Risk Insurance shall issue through suitable military and naval channels a notice explaining the provisions of this Article and shall furnish forms to be distributed to those desiring to make application for its benefits. Sec. 401, act of March 8, 1918 (40 stat. 444).

2098. Maximum of life insurance to be protected.—That the benests of this Act shall be available to any person in military service in respect of contracts of insurance in force under their terms up to but not exceeding a face value of $5,000, irrespective of the number of policies held by such person whether in one or more companies, when such contracts were made and a premium was paid thereon before September first, nineteen hundred and seventeen;

Sec. 402, act of March 8, 1918 (40 Stat. 449).

2099. Restriction on protection of insurance in case of unpaid premiums and loans.-_*

but in no event shall the provisions of this Article apply to any policy on which premiums are due and unpaid for a period of more than one year at the time when application for the benefits of this Article is made or in respect of any policy on which there is outstanding a policy loan or other indebtedness equal to or greater than fifty per centum of the cash surrender value of the policy. Scc. 402, act of March 8, 1918 (40 Stat. 445).

2100. Rejection of excess insurance.—That when one or more applications are made under this Article by any one person in military service in respect of insurance exceeding a total face value of $5,000, whether on one or more policies or in one or more companies, and the insured shall not in his application indicate an order of preference, the Bureau of War Risk Insurance shall reject such policies as have the inferior cash surrender value, so as to reduce the total benefits conferred within the face value of $5,000, and where necessary for this purpose shall direct the insurer to divide any policy into two separate policies. The said bureau shall immediately notify the insurer and the insured in writing of the policy. Scc. 104, act of March 8, 1918 (10 Stat. 445).

2101. Life insurance policies voidable for military service.—That this Article shall not apply to any policy which is void or which may at the option of the insurer be voidable, if the insured is in military service, either in this country or abroad, nor to any policy which as a result of being in military service, either in this country or abroad, provides for the payment of any sum less than the face thereof or for the payment of an additional amount as premium. Sec. 414, act of March 8, 1918 (40 Stat. 117).

2102. Record of policy-holders.--That the Bureau of War Risk Insurance shall, subject to regulations, which shall be prescribed by the Secretary of the Treasury, compile and maintain a list of such persons in military service as have made application for the benefits of this Article, and shall (1) reject any applications for such benefits made by persons who are not persons in military serv. ice; (2) reject any applications for such benefits in excess of the amount permitted by section four hundred and two; and (3) reject any applications in respect of contracts of insurance otherwise not entitled to the benefits of this Article. Said bureau shall immediately notify the insurer and the insured in writing of every rejection or approval, Sec. 403, act of March 8, 1918 (40 Stat. 445).

« PreviousContinue »