Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-10-28
Provisions Of Civil
Relief Act Given
Study by Bankers
Analysis Takes Up
lnstoIIment Buying,
Rents and Mortgages
BY EDWARD c. STONE.

An analysis of the Soldiers and
Sailors Civil Relief Act of 1904
prepared by experts, is being closely
studied by Washingtons banking
fraternity, especially the general re-
lief provisions relating to the stay
of court actions and the specific pro-
visions relating to rents, installment
contracts and mortgages.
The law makes provision ito SuS-
pend enforcement of civil liberties.
in certain cases, of persons in the
military service of the United States
in order to enable such persons to
devote their entire energies to the
defense needs of the Nation" Re-
garding general relief the digest
says:
"a stay of execution OF any judg-
ment or order entered against a
person in military service and the
vacating or stay of any attachment
or garnishment of property, money
or debts in the hands of another,
whether before or after judgment,
Is provided for in any action of pro-
ceeding commenced in any court
against a person in military service
before or during the period of such
service or within so days thereafter
Other Provisions Noted.
'Such stay may be granted by
the court, on its own motion, or
shall be granted by it on application
u. ffay- ar
some person on his behalf, unless in
the opinion of the court the ability
of such person to comply with the
Judgment or order entered or sought
is not materially affected by reason
of his military service.
ANY such stay 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.
THE court may likewise grant
such stay in its discretion to sureties,
guarantors, indorSerS and others
subject to the obligation or liability,
the performance or enforcement of
which is stayed, postponed or, sus-
pended pursuant to this act. SINH
1arly, whenever judgment or de-
cree is vacated or set aside pursuant
to this act the same may, in the
discretion of the court, likewise be
set aside and vacated as to any
surety, guarantor, indorser or other
person liable upon the contract or
liability for the enforcement of
which the judgment or decree was
entered"
Rent Provisions Reviewed
Turning to rents, the digest states
that in the case of premises, the rent
of which does not exceed $50 per
month, occupied chiefly for dwelling
purposes by the wife, children or
other dependents of person in mill
tary service, eviction or distress is
prohibited except by leave of court.
The court on its own motion may,
and on application shall, 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, or it may make such other
order as may be just.
An allotment of the pay of a
person in military service in reason
able proportion to discharge the rent
of premises occupied for dwelling
l0ry rif
other dependents may be ordered
under regulations prescribed by the
Secretary of War; the Secretary of
Navy or the Secretary of the Treas
ury, as the case may be.
Installment Contracts Studied.
In certain cases no right or option,
under an installment contract for
the purchase of real or personal
property to rescind or terminate
such contract or resume possession
Of the property for nonpayment of
any installment falling due during
the period of military service of the
purchaser can be exercised except
by court action. This requirement,
however, Is restricted to installment
contracts under which a deposit or
installment of the purchase price
has been paid prior to the date OF
approval of this act and before the
date on which the purchaser entered
military service.
1t is further provided that resort
to court action is not required in any
case in which the modification, ter
mination or cancellation of such
contract, or repoSSesSion or reten-
ton of the property purchased or
received hereunder, is provided for
pursuant to a mutual agreement of
the parties thereto, or their assign
ees, 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.
Law Covering Mortgages.
In the case of a mortgage. trust
deed or other security in the nature
of mortgage upon real or personal
property owned by person in mill
tary service at the commencement
of the period of military service, and
still owned by him, securing an OBJ
legation originating prior to the date
OF approval of this act, any court
is empowered, in any proceeding
commenced during the period of
military service to enforce such OBJ
legation arising out of nonpayment
of any sum due hereunder or out
of any other breach of the terms
thereof occurring prior to or dur
ing the period of such service, to stay
such proceedings as provided in this
act, or make such other disposition
of the case as may be equitable to
conserve the interests of all parties
Other provisions and limitations
are analysed in the review but are
Of less concern to the banks.
Peoples Drug Earnings Climb.
Operating profit of Peoples Drug
Stores, Inc, in the first nine months