1284
Cases excepted from operation of section 643.
[15 & 16 Vict. c. 76 s. 220.]
Originating summons for sale, foreclosure, etc. O.55 r. 5A.
Persons to be served with summons. ib. r. 5B.
Power to Judge to obtain assistance of accountant, etc. ib. r. 19.
No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Accordingly, and shall, by order, compel the mortgagee, at the costs and charges of the mortgagor, to assign, surrender, or re-convey the mortgaged property and such estate and interest as the mortgagee has therein, and deliver up all deeds, evidences, and writings in his custody relating to the title of the mortgaged property to the mortgagor who has paid such money, his heirs, executors, or administrators, or to such person or persons as he or they may for that purpose nominate or appoint.
644. Nothing in the last section shall extend to any case where the person against whom the redemption is prayed, by writing under his hand or the hand of his agent or solicitor, to be delivered, before the money is paid into Court, to the solicitor for the other side, insists either that the party praying a redemption has not a right to redeem or that the premises are chargeable with other or different principal sums than what appear on the face of the mortgage or are admitted on the other side; or to any case where the right of redemption to the mortgaged property in question in any action is controverted or questioned by or between different defendants in the same action; or shall be any prejudice to any subsequent mortgage or incumbrance.
645. Any mortgagee or mortgagor, whether legal or equitable, or any person entitled to or having property subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable in Chambers, for such relief of the nature or kind following as may by the summons be specified and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, re-conveyance, or delivery of possession by the mortgagee.
646. The persons to be served with the summons under the last section shall be such persons as would be the proper defendants to an action for the like relief as that specified by the summons.
Assistance of Experts.
647. (1) A Judge in Chambers may, in such way as he thinks fit, and, with the consent of all parties, in any action and at any time before judgment, obtain the assistance of any accountant,
* As amended by No. 50 of 1911 and No. 43 of 1912 Supp. Sched.
* As amended by No. 50 of 1911.