(7.) At any time after the power of sale conferred by this Act has become exercisable, the person entitled to exercise the same may demand and recover from any person, other than a person having in the mortgaged property an estate, interest, or right in priority to the mortgage, all the deeds and documents relating to the property, or to the title thereto, which a purchaser under the power of sale would be entitled to demand and recover from him.

charges, &c.

22. (1.) The receipt in writing of a mortgagee shall be a Mortgagee's sufficient discharge for any money arising under the power of receipts, dissale conferred by this Act, or for any money or securities comprised in his mortgage or arising thereunder; and a person paying or transferring the same to the mortgagee shall not be concerned to inquire whether any money remains due under the mortgage. (2.) Money received by a mortgagee under his mortgage or from the proceeds of securities comprised in his mortgage shall be applied in like manner as in this Act directed respecting money received by him arising from a sale under a power of sale conferred by this Act; but with this variation, that the costs, charges, and expenses payable shall include the costs, charges, and expenses properly incurred of recovering and receiving the money or securities, and of conversion of securities into money, instead of those incident to sale.

23. (1.) The amount of an insurance effected by a mortgagee Amount and application of against loss or damage by fire under the power in that behalf insurance conferred by this Act shall not exceed the amount specified in money. the mortgage deed, or, if no amount is therein specified, then shall not exceed two-third parts of the amount that would be required, in case of total destruction, to restore the property insured.

(2.) An insurance shall not, under the power conferred by this Act, be effected by a mortgagee in any of the following cases (namely):

(i.) Where there is a declaration in the mortgage deed that
no insurance is required;

(ii.) Where an insurance is kept up by or on behalf of the
mortgagor in accordance with the mortgage deed;
(iii.) Where the mortgage deed contains no stipulation
respecting insurance, and an insurance is kept up by or
on behalf of the mortgagor, to the amount in which the
mortgagee is by this Act authorised to insure.

(3.) All money received on an insurance effected under the mortgage deed or under this Act shall, if the mortgagee so requires, be applied by the mortgagor in making good the loss or damage in respect of which the money is received.

(4.) Without prejudice to any obligation to the contrary imposed by law, or by special contract, a mortgagee may require

Appointment,

powers, remuneration, and

that all money received on an insurance be applied in or towards discharge of the money due under his mortgage.

24. (1.) A mortgagee entitled to appoint a receiver under the power in that behalf conferred by this Act shall not appoint a duties of receiver. receiver until he has become entitled to exercise the power of sale conferred by this Act, but may then, by writing under his hand, appoint such person as he thinks fit to be receiver.

(2.) The receiver shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage deed otherwise provides.

(3.) The receiver shall have power to demand and recover all the income of the property of which he is appointed receiver, by action, distress, or otherwise, in the name either of the mortgagor or of the mortgagee, to the full extent of the estate or interest which the mortgagor could dispose of, and to give effectual receipts, accordingly, for the same.

(4.) A person paying money to the receiver shall not be concerned to inquire whether any case has happened to authorise the receiver to act.

(5.) The receiver may be removed, and a new receiver may be appointed, from time to time by the mortgagee by writing under his hand.

(6.) The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satisfaction of all costs, charges, and expenses incurred by him as receiver, a commission at such rate, not exceeding five per centum on the gross amount of all money received, as is specified in his appointment, and if no rate is so specified, then at the rate of five per centum on that gross amount, or at such higher rate as the court thinks fit to allow, on application made by him for that purpose.

(7.) The receiver shall, if so directed in writing by the mortgagee, insure and keep insured against loss or damage by fire, out of the money received by him, any building, effects, or property comprised in the mortgage, whether affixed to the freehold or not, being of an insurable nature.

(8.) The receiver shall apply all money received by him as follows (namely):

(i.) In discharge of all rents, taxes, rates, and outgoings
whatever affecting the mortgaged property; and
(ii.) In keeping down all annual sums or other payments, and
the interest on all principal sums, having priority to
the mortgage in right whereof he is receiver; and
(iii.) In payment of his commission, and of the premiums on
fire, life, or other insurances, if any, properly payable
under the mortgage deed or under this Act, and the

cost of executing necessary or proper repairs directed in

writing by the mortgagee; and

(iv.) In payment of the interest accruing due in respect of any principal money due under the mortgage;

and shall pay the residue of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of the mortgaged property, or who is otherwise entitled to that property.

may

Action respecting Mortgage.

25. (1.) Any person entitled to redeem mortgaged property Sale of morthave a judgment or order for sale instead of for redemption in action for gaged property in an action brought by him either for redemption alone, or for foreclosure, &c. sale alone, or for sale or redemption, in the alternative.

(2.) In any action, 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, and without allowing any time for redemption or for payment of any mortgage money, may, if he thinks fit, direct a sale of the mortgaged property, on such terms as it thinks fit, including, if it thinks fit, the deposit in court of a reasonable sum fixed by the court, to meet the expense of sale and to secure performance of the terms. (a)

(3.) But, in an action 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 case within this section the court may, if it thinks fit, direct a sale without previously determining the priorities of incumbrancers.

(a) The court has power, after an ordinary foreclosure, judgment has been given, but before foreclosure has become absolute, to direct a sale on the petition of a second mortgagee who has redeemed the first: (The Union Bank v. Ingram, 46 L. T. 507.) The rule that where one tenant in common has mortgaged his interest to another tenant in common, the mortgagor cannot enforce a partition or sale against the will of the mortgagee except on the terms of paying off the mortgage, is not affected by this section: (Gibbs v. Haydon, 46 L. T. 184.) The court has power in an action for redemption to make an order for sale on an interlocutory application by the mortgagor; but the exercise of such power is discretionary: Woolley v. Colman, 46 L. T. 737.)

Form of statu

(5.) This section applies to actions brought either before or after the commencement of this Act.

V.-STATUTORY MORTGAGE.

26. (1.) A mortgage of freehold or leasehold land may be tory mortgage in made by a deed expressed to be made by way of statutory

schedule.

Forms of statutory transfer of mortgage in schedule.

mortgage, being in the form given in Part I. of the third schedule to this Act, with such variations and additions, if any, as circumstances may require, and the provisions of this section shall apply thereto.

(2.) There shall be deemed to be included, and there shall by virtue of this Act be implied, in the mortgage deed

First, a covenant with the mortgagee by the person expressed therein to convey as mortgagor to the effect following (namely): That the mortgagor will, on the stated day, pay to the mortgagee the stated mortgage money, with interest thereon in the meantime, at the stated rate, and will thereafter, if and as long as the mortgage money or any part thereof remains unpaid, pay to the mortgagee interest thereon, or on the unpaid part thereof, at the stated rate, by equal halfyearly payments, the first thereof to be made at the end of six calendar months from the day stated for payment of the mortgage money:

Secondly, a proviso to the effect following (namely):
That if the mortgagor, on the stated day, pays to the
mortgagee the stated mortgage money, with interest thereon
in the meantime, at the stated rate, the mortgagee at any
time thereafter, at the request and cost of the mortgagor,
shall reconvey the mortgaged property to the mortgagor, or
as he shall direct.

27. (1.) A transfer of a statutory mortgage may be made by a deed expressed to be made by way of statutory transfer of mortgage, being in such one of the three forms (A.) and (B.) and (C.) given in Part II. of the third schedule to this Act as may be appropriate to the case, with such variations and additions, if any, as circumstances may require, and the provisions of this section shall apply thereto.

(2.) In whichever of those three forms the deed of transfer is made, it shall have effect as follows (namely):

(i.) There shall become vested in the person to whom the benefit of the mortgage is expressed to be transferred, who, with his executors, administrators, and assigns, is hereafter in this section designated the transferee, the right to demand, sue for, recover, and give receipts for the mortgage money, or the unpaid part thereof, and the interest then due, if any, and thenceforth to become due thereon, and the benefit of all securities for the same, and the benefit of and the right to sue on all covenants

with the mortgagee, and the right to exercise all powers of the mortgagee;

(ii.) All the estate and interest, subject to redemption, of the mortgagee in the mortgaged land shall vest in the transferee, subject to redemption.

(3.) If the deed of transfer is made in the form (B.), there shall also be deemed to be included, and there shall by virtue of this Act be implied therein, a covenant with the transferee by the person expressed to join therein as covenantor to the effect following (namely):

That the covenantor will, on the next of the days by the mortgage deed fixed for payment of interest, pay to the transferee the stated mortgage money, or so much thereof as then remains unpaid, with interest thereon, or on the unpaid part thereof, in the meantime, at the rate stated in the mortgage deed; and will, thereafter, as long as the mortgage money, or any part thereof, remains unpaid, pay to the transferee interest on that sum, or the unpaid part thereof, at the same rate, on the successive days by the mortgage deed fixed for payment of interest.

(4.) If the deed of transfer is made in the form (C.), it shall, by virtue of this Act, operate not only as a statutory transfer of mortgage, but also as a statutory mortgage, and the provisions of this section shall have effect in relation thereto, accordingly; but it shall not be liable to any increased stamp duty by reason only of it being designated a mortgage.

several.

28. In a deed of statutory mortgage, or of statutory transfer Implied coveof mortgage, where more persons than one are expressed to nants joint and convey as mortgagors, or to join as covenantors, the implied covenant on their part shall be deemed to be a joint and several covenant by them; and where there are more mortgagees or more transferees than one, the implied covenant with them shall be deemed to be a covenant with them jointly, unless the amount secured is expressed to be secured to them in shares or distinct sums, in which latter case the implied covenant with them shall be deemed to be a covenant with each severally in respect of the share or distinct sum secured to him.

veyance of statu

29. A reconveyance of a statutory mortgage may be made by Form of recona deed expressed to be made by way of statutory reconveyance of tory mortgage in mortgage, being in the form given in Part III. of the third schedule. schedule to this Act, with such variations and additions, if any, as circumstances may require.