1912_CODE_OF_CIVIL_PROCEDURE — Page 151

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1282

No. 3 of 1901.

Persons by whom application relating to charity may be made.

CODE OF CIVIL PROCEDURE.

information, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require.

(2) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an information, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.

659. An application under the last section may be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by two or more inhabitants of any city, town, village, or place within which the charity is administered or applicable. [16 & 17 Vict. c. 137 s. 48.]

Attorney General may apply under 52 Geo. III c. 101. [ib.]

Power to order sale instead of foreclosure of mortgaged property, etc. [44 & 45 Vict. c. 41 s. 25.]

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 Parliament 52 George III, chapter 101.

Sale, Foreclosure, and Redemption.

641.-(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for 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

* As amended by No. 50 of 1911.

* As amended by No. 1 of 1912.

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1282 No. 3 of 1901. Persons by whom application relating to charity may be made. CODE OF CIVIL PROCEDURE. information, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require. (2) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an information, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application. 659. An application under the last section may be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by two or more inhabitants of any city, town, village, or place within which the charity is administered or applicable. [16 & 17 Vict. c. 137 s. 48.] Attorney General may apply under 52 Geo. III c. 101. [ib.] Power to order sale instead of foreclosure of mortgaged property, etc. [44 & 45 Vict. c. 41 s. 25.] 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 Parliament 52 George III, chapter 101. Sale, Foreclosure, and Redemption. 641.-(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for 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 * As amended by No. 50 of 1911. * As amended by No. 1 of 1912.
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1282 No. 3 of 1901. Persons by whom ap- plication relating to charity may be made. CODE OF CIVIL PROCEDURE. information, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require. (2) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an informa- tion, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application. 659. An application under the last section may be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by two or [16 & 17 Vict. more inhabitants of any city, town, village, or place within which c. 137 s. 48. the charity is administered or applicable. * Attorney General may apply under 52 Geo. III c. 101. [ib.] + Power to order sale instead of foreclosure of mortgaged property, etc. [44 & 45 Vict. c. 41 s. 25.] + 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 Parliament 52 George III, chapter 101. Sale, Foreclosure, and Redemption. 641.-(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for 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 * As amended by No. 50 of 1911. As amended by No. 1 of 1912.
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1282

No. 3 of 1901.

Persons by whom ap- plication relating to charity may be made.

CODE OF CIVIL PROCEDURE.

information, action, or petition) to the Court in Chambers for such relief, order, or direction as the nature of the case may require.

(2) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may seem fit, to direct that, for obtaining the relief, order, or direction sought for by such application, an informa- tion, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.

659. An application under the last section may be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by two or [16 & 17 Vict.

more inhabitants of any city, town, village, or place within which c. 137 s. 48.

the charity is administered or applicable.

*

Attorney

General may apply under

52 Geo. III

c. 101.

[ib.]

+

Power to order sale

instead of foreclosure

of mortgaged property, etc. [44 & 45 Vict. c. 41 s. 25.]

+

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 Parliament 52 George III, chapter 101.

Sale, Foreclosure, and Redemption.

641.-(1) Any person entitled to redeem mortgaged property may have a judgment or order for sale instead of for 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

* As amended by No. 50 of 1911.

As amended by No. 1 of 1912.

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