HERBERT R. O'CONOR, GOVERNOR. 1233

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 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 enforce-
ment 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.

7. 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 appli-
cation 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 Article; and

(b) Vacate or stay any attachment or garnishment of prop-
erty, money, or debts in the hands of another, whether before
or after judgment as provided in this Article.

8. Any stay of any action, proceeding, attachment, or exe-
cution, ordered by any court under the provisions of this
Article 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. Where
the person in military service is a codefendant with others
the plaintiff may nevertheless by leave of court proceed
again the others.

9. 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.

RENT, INSTALLMENT CONTRACTS, MORTGAGES

10. (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