A 346
[Subsidiary]
CAP. 4] The Rules of the Supreme Court-Order 88 [1988 Ed.
debentures or stock, the Registrar shall not make a payment in respect of any such debenture or stock unless either there is produced to him the certificate for which paragraph (2) provides or the Court has in the case in question for special reason dispensed with the need for the certificate and directed payment to be made without it.
(2) For the purpose of obtaining any such payment the debenture or debenture stock certificate must be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct, and that solicitor or other person must indorse thereon a memorandum of payment and must make and sign a certificate certifying that the statement set out in the certificate has been indorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Registrar.
ORDER 88
MORTGAGE ACTIONS
Application and interpretation (O. 88, r. 1)
1. (1) This Order applies to any action (whether begun by writ or originating summons) by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being an action (other than an action to which rule 5A applies) in which there is a claim for any of the following reliefs, namely-
(a) payment of moneys secured by the mortgage,
(b) sale of the mortgaged property,
(c) foreclosure,
(d) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is or is alleged to be in possession of the property,
(e) redemption,
(f) reconveyance of the property or its release from the security,
(g) delivery of possession by the mortgagee.
(2) In this Order "mortgage" includes a legal and an equitable mortgage and a legal and an equitable charge, and references to a mortgagor, a mortgagee and mortgaged property shall be construed accordingly.
(3) An action to which this Order applies is referred to in this Order as a mortgage action.
(4) These rules apply to mortgage actions subject to the following provisions of this Order.
A 346
[Subsidiary]
CAP. 4] The Rules of the Supreme Court-Order 88 [1988 Ed.
debentures or stock, the Registrar shall not make a payment in respect of any such debenture or stock unless either there is produced to him the certificate for which paragraph (2) provides or the Court has in the case in question for special reason dispensed with the need for the certificate and directed payment to be made without it.
(2) For the purpose of obtaining any such payment the debenture or debenture stock certificate must be produced to the solicitor of the plaintiff in the action or to such other person as the Court may direct, and that solicitor or other person must indorse thereon a memorandum of payment and must make and sign a certificate certifying that the statement set out in the certificate has been indorsed on the debenture or debenture stock certificate, as the case may be, and send the certificate to the Registrar.
ORDER 88
MORTGAGE ACTIONS
Application and interpretation (O. 88, r. 1)
1. (1) This Order applies to any action (whether begun by writ or originating summons) by a mortgagee or mortgagor or by any person having the right to foreclose or redeem any mortgage, being an action (other than an action to which rule 5A applies) in which there is a claim for any of the following reliefs, namely-
(a) payment of moneys secured by the mortgage, (b) sale of the mortgaged property,
(c) foreclosure,
(d) delivery of possession (whether before or after foreclosure or without foreclosure) to the mortgagee by the mortgagor or by any other person who is or is alleged to be in possession of the property,
(e) redemption,
(f) reconveyance of the property or its release from the
security,
(g) delivery of possession by the mortgagee.
(2) In this Order "mortgage" includes a legal and an equitable mortgage and a legal and an equitable charge, and references to a mortgagor, a mortgagee and mortgaged property shall be construed accordingly.
(3) An action to which this Order applies is referred to in this Order as a mortgage action.
(4) These rules apply to mortgage actions subject to the following provisions of this Order.
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