J. MILLARD TAWES, Governor 205

-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.

(b) Any person who knowingly resumes possession of property
which is the subject of this section otherwise than as provided in
sub-section (a) hereof is guilty of a misdemeanor and shall be pun-
ished by imprisonment not to exceed one yea/r or by fine not to ex-
ceed $1, 000, or both.

(c) Upon the hearing of such action the court may order the re-
payment of prior instalments 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, ex-
cept as provided in Section 25, on application to it by a person in
civil defense service or a person suffering injury or damage or some
person on his behalf, order a stay of proceedings as provided in this
sub-title unless, in the opinion of the court, the ability of the de-
fendant to comply with the terms of the contract is not materially
affected by reason of such service; or it may make such other dis-
position of the case as may be equitable to conserve the interests of
all parties.

24. (&) The provisions of this section shall apply only to obliga-
tions originating prior to the time any person became a person in civil
defense service or a person suffering injury or damage and secured
by mortgage, trust deed, or other security in the nature of a mort-
gage upon real or personal property owned by a person in civil de-
fense service or a person suffering injury or damage at the commence-
ment of the period of his being in such category, and still so owned by
him.

(b) In any proceeding commenced in any court during the period
of being a person in civil defense service or a person suffering in-
jury or damage to enforce such obligation arising out of the nonpay-
ment of any sum thereunder due or out of any other breach of the
terms thereof occurring prior to or during the period of being in such
category the court may, after hearing, in its discretion, on its own
motion, and shall, except as provided in Section 25, on application to
it by such a person in civil defense service or a person suffering in-
jury or damage 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 being in
such category—

(1) stay the proceedings as provided in this sub-title; or

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

(c) 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 being a person
in civil defense service or a person suffering injury or damage or
within three months thereafter, unless upon an order of sale previ-
ously granted by the court and a return thereto made and approved
by the court.

25. No court shall stay a proceeding to resume possession of a
motor vehicle, tractor, or the accessories of either, or for an order of