The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-01-29

NCOntinueu from page II
objection Of such party, his attorney
Of any person interested on his
behalf, nor shall any judgment
against such person in the military
service be enforced against him or
his property during said period.
Defines active Service"
Section ii. The term Person in
the Active Military Service of the
United States within the meaning
of this act, means any person who is
actually called TO service and Is I'M
der the direction and command Of
the military authorities Of the Uni
ted States in any line Of military
duty that prevents him from attend
ing to his own ordinary business at
fairs. but 1t does not include per-
son only temporarily or incidentally
engaged in some special or tenn
pOrary service.
Section III. Any proceeding TAX
en- against any such person in the
active military service Of the Uni
ted States, shall be treated as abso-
lutely void, at the election Of such
person, and upon proper application
TO vacate the same within the period
mentioned in Section l hereof, 1t
shall be vacated and declared void
as a matter Of course; provided,
however. IL such proceedings were
taken in mood faith without knoWl-
edge Of the fact that the person pro-
ceeded against was so in the service
of the United States, then the per
son so proceeding shall not be llaDle|
TO any damages on account or taxing
such proceedings and shall be SUD
ject to no penalties on account
IL oh 10 Hnnfnl
to account to the person so proceed
ed against in such way as to equit-
ably restore such person TO the posi-
ton he would be In II such proceed
ings had not been taken.
Power to District Court.
Section ". Notwithstanding any
thing in this act to the contrary
Drovided. in case il shall be made tOI
anpear TO a district court of this
state that the property Of a person
so engaged in the active military
service OF the United States, subject
TO liens or to seizure under execution
ia of such character or so situated
that II is liable to become wasted
and deprecated in value or Tor any
reason should be disposed OF. the
court shall make his order that the
Derson in possession OF such proper
" or such relatives Of the owner as
It shall deem proper he cited 10 ap-
near before 1t and upon such APP
nearance the court shall diligently
and informally and with a view 70
avoiding expense, inquire INTO tlle
and If upon suCh Ii4uiI'
the court Is satisfied that such prop
ortv will depreciate in value or that
The interests Of the parties require
that II should be disposed or II
shall make an order that upon CIV
inc hond with sufficient surety, TO De
q nDroved by the clerk OF said court
IN Indemnify the owner for the value
of the property in case II shaI ever
he adfudged that such foreclosure Oh
seizure was not for a valid eHisIll8
5aht which bond shall be filed IN the
0f4ce NJ the clerk of said court, theH
such mortgage or other lien may De
or such property may De
taI,en or execution as the case may
be. but the judgment IN any suCH
proceeding snail not oe
taken to have established the Nai'u
~ NJ the debt for foreclosure OF
which such action was mao put sum
question shall be open to determine
H., IN aDv action on such bond,
provided, however, to recover on
such bond the owner must brlng ms
action within the period mentioned
In Section ] Of this act.
Section V. In any character OF
that may come berore
he county court or any other court
N the state for the administration
Of estates or for any other purpose
In which there are parties who do
not make appearance 1t Shall be the
duty of such court of its own motion