1234 LAWS OF MARYLAND. [CH. 710

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 months, as provided in this Article, or
it may make such other order as may be just.

(3) Any person who shall knowingly take part in any evic-
tion or distress otherwise than as provided in sub-section (1)
hereof shall be guilty of a misdemeanor, and shall be punish-
able by imprisonment not to exceed one year or by fine not
to exceed $1, 000, or both.

11. (1) No person who prior to October 17, 1940 has re-
ceived, 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 instalment of the purchase price from a person or from
the assignor of a person who, after the date of payment of
such deposit or instalment, has entered military service, shall
exercise any right or option under such contract to rescind
or terminate the contract or resume possession of the property
for nonpayment of any instalment falling due during the
period of such military service, except by action in a court of
competent jurisdiction: Provided, That nothing contained
in this section shall prevent the modification, termination, or
cancellation of any such contract, or prevent the repossession
or retention of property purchased or received under such
contract, pursuant to a mutual agreement of the parties there-
to, or their assignees, if such agreement is executed in writing
subsequent to the making of such contract and during or after
the period of military service of the person concerned.

(2) Any person who shall knowingly resume possession
of property which is the subject of this section otherwise
than as provided in sub-section (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 f 1, 000, or both.

(3) Upon the hearing of such action the court may order
the repayment of prior instalments or deposits or any part
thereof, as a condition of terminating the contract and resum-
ing possession of the property, or may, in its discretion, on
its own motion, and shall, except as provided in section 13,
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 Article unless, in the opinion of the court, the ability