from thenceforth to stand absolutely debarred and foreclosed of and from all right of redemption, and all interest of and in the mortgaged hereditaments, but in case such payment should be made on or before the day aforesaid Let the following account and inquiries be taken and made: 1. An account of what is due to the defendant for principal and interest on his said mortgage, and for his costs of this action, such costs to be taxed &c. 2. An inquiry what incumbrances (if any) other than the said indenture of mortgage affect the premises comprised in such indenture, or any and what part or parts thereof, and what sum is due for principal, interest, and costs in respect of each such incumbrance, and to whom each such sum is due. 3. An inquiry whether the money secured by any and which of such incumbrances other than aforesaid was lent upon any special contract, or for any and what term which has not yet expired. 4. An inquiry what is the sum required to be paid into Court to answer each such incumbrance having priority to the defendant's mortgage, in order to effect the discharge of the mortgaged premises therefrom under the 5th section of the Conveyancing and Law of Property Act, 1881, and what is the total amount of all the sums required to be so paid. And let the plaintiff serve each such incumbrancer with notice of the proceedings on this inquiry, and let each such incumbrancer be at liberty to attend the proceedings on this inquiry, and to add his costs of such attendance to the amount due on his security (a). 5. An inquiry whether there are any incumbrances on the said premises subsequent in order of priority to the mortgage to the defendant, and what are the priorities of such subsequent incumbrances (if any). (a) An inquiry as to priority of incumbrances seems not required, as the sale cannot be made unless money is provided to pay all the prior incumbrancers, and then no question as to priority arises. MINUTES OF JUDGMENT. No. XLIX. MINUTES OF XLIX. And if it shall be certified that there is no incumbrance on the premises subsequent in order of priority to the mortgage to the defendant, or in case all such subsequent incumbrancers (if any) should consent to a sale or become bound by the proceedings in this action, Let the premises comprised in the said indenture of mortgage be sold with the approbation of the Judge, and in reference to such sale a reserved bidding for the whole of the premises, or for each lot in case of a sale in lots, is to be fixed sufficient to produce on sale of the whole the sum certified as the total amount required to be paid into Court to answer each incumbrance having priority to the defendant's mortgage: And in case of a sale in lots, the sale of each lot is to be contingent on a sufficient number of lots being sold (a) to produce the total amount required to be paid into Court to answer each incumbrance having priority as aforesaid: And let the defendant be at liberty to bid at any sale by auction of the premises : And let the money to arise by sale of the premises be paid into Court to the credit of this action: "Proceeds of sale of mortgaged property." And upon payment into Court to the said account of a sum sufficient to provide the total amount certified as required to be paid into Court to answer each incumbrance having priority to the defendant's mortgage Let the plaintiff be at liberty to apply at Chambers as to carrying over to a separate account the certified amount to answer each such incumbrance, and for a vesting order as to any estate or interest in the premises forming the security for any such incumbrance. Let the balance of the money to arise by such sale, (a) See Seton, 4th ed., p. 1039, Form 10. If prior incumbrances affect only parts of the property, this will require modification. If the property will not produce sufficient to pay prior incumbrances, there can practically be no sale. The same would happen under the old practice when the sale is ordered subject to the incumbrances of incumbrancers who do not consent. If the money due to those not consenting exceeds the value, nobody will buy. after discharging incumbrances having priority as aforesaid, or after setting apart the certified amounts to answer the same, be applied in payment of what shall be certified to be due to the defendant for principal, interest, and costs aforesaid, together with subsequent interest and subsequent costs of the defendant of this action, so far as the same will extend, and let the balance, if any, of such principal, interest, and costs, be paid by the plaintiff to the defendant. And in case a sale of the said mortgaged premises, or of a part thereof sufficient to discharge what shall be certified to be due to the defendant as aforesaid for principal, interest, and costs, and subsequent costs as aforesaid, is not effected within [six calendar] months from the date of this judgment, Let the defendant be at liberty to apply at Chambers for an order of foreclosure absolute, and for taxation of his costs and payment of the amount thereof out of the money standing to the credit of this action: "Defendant's Costs Account." Liberty to apply generally. MINUTES OF No. T INDEX TO THE STATUTES AND NOTES. ABSTRACT, effect of V. & P. A. & C. A. on, 1 forty years substituted for sixty as root of title, 6 of freehold title not to be called for in contract to grant nor of leasehold title in contract to sell and assign sub- nor of title to enfranchise on sale of enfranchised copy- purchaser of several lots entitled to only one, 17 no time should be named for delivery of, on sale, 131 (a) ACCUMULATION of income during minority investment of, 84, 86 destination of, under C. A. in case of land, 85 other property, 86 intermediate, power to resort to, 85, 86 where accumulation clause still necessary, 86 ACKNOWLEDGMENT of right to production of documents, 8, 37 obligation under, 37 no right to damages under, 38 application to Court under, 39 satisfies liability to give covenant for production, ib. to, and by whom given, 42 |