§ 311. Installment purchases. 1. No person who has received, 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 installment of the purchase price or a
deposit or installment under the contract, lease or bailment from a
person or from the assignor of a person who, after the date of payment
of such deposit or installment, 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
installment thereunder due or for any other breach of the terms thereof
occurring prior to or 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,
retention, foreclosure, sale or taking possession of property purchased
or received or which is security for any obligation under such contract,
pursuant to a mutual agreement of the parties thereto, or their
assignees, if such agreement is executed in writng 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 subdivision
one hereof or attempt so to do, shall be guilty of a misdemeanor and
shall be punished by imprisonment not to exceed one year, or by fine not
to exceed one thousand dollars, or both.

3. Upon the hearing of such action the court may order the repayment
of prior installments 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, except as provided
in section three hundred and thirteen, 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 act except that such stay under this
section may be ordered for the period of military service and six months
thereafter or any part of such period, unless, in the opinion of the
court, the ability 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.