Section 309. Evictions; restraint

1. No eviction or distress shall be made
  during the period  of  military  service  in  respect  of  any  premises
  occupied  chiefly  for dwelling purposes by a person in military service
  or the spouse, children, or other dependents of  a  person  in  military
  service, except upon leave of court granted upon application therefor or
  granted in any action or proceeding affecting the right of possession.
    2. On any such application or in any such action the court may, in its
  discretion,  on its own motion, and shall, on application, unless in the
  opinion of the court the ability of the tenant to pay the agreed rent is
  not  materially  affected  by  reason  of  military  service,  stay  the
  proceedings for not longer than six months, as provided in this article,
  or it may make such other order as may be just.
    3.  Any  person  who  shall  knowingly  take  part  in any eviction or
  distress otherwise than as provided in subdivision one of this  section,
  or  attempts  so  to  do, shall be guilty of a misdemeanor, and shall be
  punishable by imprisonment not to exceed one year  or  by  fine  not  to
  exceed one thousand dollars, or both.