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Power
of Attorney
Section 701
(50 U.S.C.
App. § 591)
(a) Extension for period person in missing status.
Notwithstanding any other provision of law, a power of attorney which--
(1) was duly executed by a person in the military service who is in
a missing status (as defined in section 551(2) of Title 37, U.S. Code);
(2) designates that person's spouse, parent, or other named relative
as his attorney in fact for certain specified, or all, purposes; and
(3) expires by its terms after that person entered a missing status,
and before or after the effective date of this section; shall be automatically
extended for the period that the person is in a missing status.
(b) Limitation on extension.
No power of attorney executed after the effective date of this section
by a person in the military service may be extended under subsection
(a) of this section if the document by its terms clearly indicates that
the power granted expires on the date specified even though that person,
after the date of execution of the document, enters a missing status.
(c) This section applies to the following powers of attorney executed
by a person in military service or under a call or order to report for
military service (or who has been advised by an official of the Department
of Defense that such person may receive such a call or order):
(1) a power of attorney that is executed during the Vietnam era (as
defined in section 101(29) of Title 38, United States Code).
(2) a power of attorney that expires by its terms after July 31, 1990.
Revocation
of Interlocutory Orders
Section 602
(50 U.S.C.
App. § 582)
Any interlocutory order made by any court under the provisions of this
Act may, upon the court's own motion or otherwise, be revoked, modified,
or extended by it upon such notice to the parties affected as it may
require.
The wording
of this section is straightforward and unambiguous. It permits a court
that
has issued an interlocutory order under any of the
sections of the Act to revoke, modify, or extend such an order on its
own motion or otherwise. This section has relevance when read together
with other sections that allow a court to grant certain relief and then
allow the court to make "such other orders as may be just." For
example, section 300, which deals with eviction and distress, allows
a court to grant a three-month stay of eviction proceedings or to "make
such other orders as may be just." Thus, the court could issue whatever
interlocutory orders its rules of procedure allowed in such a proceeding
if it found that such an order would be "just" to all the parties
involved. The language in section 300 appears to authorize the kind of
interlocutory order contemplated by Congress in section 602 of the Act.
Sections 200, 301, 302, and 305 are other sections of the Act that contain
language that allows a court to issue interlocutory orders. Those orders
also can be "revoked, modified, or extended" by section 602.
Separability
of Provisions
Section 603
(50 U.S.C.
App. § 583)
If any provision of this Act, or the application thereof to any person
or circumstances, is held invalid, the remainder of the Act, and the
application of such provision to other persons or circumstances shall
not be affected thereby.
Termination
Date
Section 604
(50 U.S.C.
App. § 584)
This Act shall remain in force until May 15, 1945, except that should
the United States be then engaged in a war, this Act shall remain in
force until such war is terminated by a treaty of peace proclaimed by
the President and for six months thereafter. Whenever under any section
or provision of this Act a proceeding, remedy, privilege, stay, limitation,
accounting, or other transaction has been authorized or provided with
respect to military service performed prior to the date herein fixed
for the termination of this Act, such section or provision shall be deemed
to continue in full force and effect so long as may be necessary to the
exercise or enjoyment of such proceeding, remedy, privilege, stay, limitation,
accounting, or other transaction.
The Soldiers'
and Sailors' Civil Relief Act was to end on the later of the following
two dates: 15 May 1945 or six months after a treaty
of peace ending World War II was proclaimed by the President of the United
States. In 1948, as an added provision of the Universal Military Training
and Service Act, Congress stated that the Soldiers' and Sailors' Civil
Relief Act was to continue in force until it was "repealed or otherwise
terminated by a subsequent Act of Congress...."
Congress has not repealed or terminated the Soldiers' and Sailors'
Civil Relief Act of 1940 and, therefore, the Act continues in effect.
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Above Information Courtesy
of United States Army JAG Corps
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