CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1273
apply under
640. It shall be lawful for the Attorney General, acting ex officio, to make application by petition to the court with respect to any charity under the provisions of the Act of 52 Geo. 3, chapter 101.
Sale, foreclosure, and redemption.
16 & 17 Vict. c. 137, s. 43.
instead of
641.-(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of redemption in an action or other proceeding brought by him either for redemption alone, or for sale alone, or for redemption or sale in the alternative.
(2) In any action or other proceeding, whether for foreclosure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the court, on the request of the mortgagee or of any person interested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does not appear in the action or proceeding, and without allowing any time for redemption or for payment of any mortgage money, may direct a sale of the mortgaged property, on such terms as it thinks just, including the deposit in court of a reasonable sum, fixed by the court, to meet the expenses of sale and to secure performance of the terms.
(3) But, in any action or other proceeding brought by a person interested in the right of redemption and seeking a sale, the court may, on the application of any defendant, direct the plaintiff to give such security for costs as the court thinks fit, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants or any of them.
(4) In any sale under this section, the court may, if it thinks fit, direct a sale without previously determining the priorities of incumbrancers.
44 & 45 Vict. c. 41, s. 25.
immovable
642. If, in any cause or matter relating to immovable property, it appears necessary or expedient that the property or any part thereof should be sold, the court may order the same to be sold, and any party bound by the order and in possession of the property, or in receipt of the rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser or such other person as may be directed by the order.
O. 51, r. 1.
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