1912_CODE_OF_CIVIL_PROCEDURE — Page 152

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1283

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 direc- tions 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.

Power to inmovable

order sale of

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, property

generally. and any party bound by the order and in possession of the property, 0.517. 1. 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.

643. Where an action of ejectment is brought by any mortgagee, his heirs, executors, administrators, or assigns, for the recovery of the possession of any mortgaged immovable property, and no action is then depending in the Court for or touching the foreclosing or redeeming of the mortgaged property, if the person having right to redeem the mortgaged property, and who appears and becomes defendant in the action, at any time pending the action, pays to the mortgagee, or in case of his refusal, pays into Court, all the principal money and interest due on the mortgage, and also all such costs as have been expended in any action upon the mortgage, (such money for principal, interest, and costs to be ascertain- ed and computed by the Registrar), the money so paid to the mortgagee or into Court shall be deemed and taken to be in full satisfaction and discharge of the mortgage; and the Court shall discharge such mortgagor or defendant of and from the same ac-

Right of

mortgagor in ejectment by mortgagee

to pay mort- gage money,

have re-

etc., and to conveyance. [15 & 16 Vict.

c. 76 s. 219.]

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