HERBERT R. O'CONOR, GOVERNOR. 1235

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.

12. (1) The provisions of this section shall apply only to
obligations originating prior to October 17, 1940 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 owned by him.

(2) In any proceeding commenced in any court during the
period of military service to enforce such obligation arising
out of nonpayment of any sum thereunder due or out of any
other breach of the terms thereof occuring prior to or during
the period of such service the court may, after hearing, 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, 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 Article; or

(b) make such other disposition of the case as may be
equitable to conserve the interests of all parties.

(3) No sale under a power of sale or under a judgment
entered upon warrant of attorney to confess judgment con-
tained in any such obligation shall be valid if made during
the period of military service or within three months there-
after, unless upon an order of sale previously granted by the
court and a return thereto made and approved by the court.

13. No court shall stay a proceeding to resume possession
of a motor vehicle, tractor, or the accessories of either, or for
an order of sale thereof, where said motor vehicle, tractor, or
accessories are encumbered by a purchase money mortgage,
conditional gales contract, or a lease or bailment with a view
to purchase, unless the court shall find that 50 per centum or
more of the purchase price of said property has been paid, but
in any such proceeding the court may, before entering an order
or judgment, require the plaintiff to file a bond, approved by
the court, conditioned to indemnify the defendant, if in mili-
tary service, against any loss or damage that he may suffer
by reason of any such judgment or order should the judgment
or order be set aside in whole or in part.