| 1.
| | This Act may be cited as the Mortgage Act. |
| 2.
| | Interpretation. |
| 3.
| | Approved credit agencies. |
| 4.
| | Application of this Part. |
| 5.
| | Interpretation of terms in this Part. |
| 6.
| | Registration of address for service of documents. |
| 7.
| | Actions on mortgage. |
| 8.
| | Lis pendens to be registered & c. |
| 9.
| | Notice of hypothecary action. |
| 10.
| | Manner of issue of notice. |
| 11.
| | Manner of issue of process, & c, where person entitled to notice is a party to the action. |
| 12.
| | Rights of person to whom notice is issued. |
| 13.
| | Right of person entitled to notice to be added as a party before sale. |
| 14.
| | Rights of person added during pendency of action. |
| 15.
| | Persons noticed or added to be bound by decree and sale. |
| 16.
| | Intervention by person interested who is not entitled to notice. |
| 17.
| | Meaning of "party omitted ". |
| 18.
| | Party omitted may intervene after sale and dispute the amount of decree or claim balance proceeds. |
| 19.
| | Action by or against party omitted for settlement of rights, & c. |
| 20.
| | Issue may be raised as to amount properly due under mortgages paid off out of proceeds of prior sale. |
| 21.
| | Procedure where court finds that moneys are due to party omitted from mortgagor. |
| 22.
| | Provisions applicable where party omitted is a transferee. |
| 23.
| | Order against prior mortgagee if overpayment was made from proceeds of prior sale. |
| 24.
| | Meaning of "prior mortgage ","poise mortgage", & c. |
| 25.
| | Effect of conveyance upon sale under puisne mortgage. |
| 26.
| | Appointment of representative of deceased mortgagor or of deceased party to hypothecary action. |
| 27.
| | Effect of representative being made a party. |
| 28.
| | Provision for death, insolvency, unsoundness of mind or minority of party entitled to notice and for registration of addresses and issue of notice in such cases. |
| 29.
| | Estate to be bound if notices issued as provided in section 28. |
| 30.
| | Estate to be bound notwithstanding death, & c, if address not registered. |
| 31.
| | Special provision for actions on mortgages created before the appointed date. |
| 32.
| | Death, insolvency or unsoundness of mind of mortgagor after entry of decree. |
| 33.
| | Power of plaintiff to join claimant adverse to mortgagor. |
| 34.
| | Provision for declaration by court as to removal from land of persons claiming adversely to mortgagor. |
| 35.
| | Right of claimant to be added as party and to raise issues as to right of possession, & c. |
| 36.
| | Order of court upon application under section 35. |
| 37.
| | Application for appointment of receiver of mortgaged land. |
| 38.
| | Cases where court may refuse to appoint receiver. |
| 39.
| | Cancellation of appointment. |
| 40.
| | Order for appointment, & c. |
| 41.
| | Eights and powers of receiver. |
| 42.
| | Duties and liabilities of receiver. |
| 43.
| | Payment of subsistence allowance to mortgagor. |
| 44.
| | Nett profits to be kept in court. |
| 45.
| | Registration of appeal against orders under sections 37 to 43. |
| 46.
| | Property liable to sale in execution of decree. |
| 47.
| | Operation of section 46. |
| 48.
| | Order for sale in decree & c. |
| 49.
| | Special provision for seizure and sale. |
| 50.
| | Directions and other provisions as to sale. |
| 51.
| | Leave to plaintiff to bid and purchase. |
| 52.
| | Directions for second sale if highest bid is less than current market value. |
| 53.
| | Form of conveyance to purchaser. |
| 54.
| | Delivery of possession, & c. |
| 55.
| | Removal of all persons whomsoever where declaration has been made under section 36. |
| 56.
| | Fiscal to prepare plan of the land of which possession is delivered. |
| 57.
| | Claims to balance proceeds of sale. |
| 58.
| | Rights of seizing creditor to participate in balance proceeds of sale. |
| 59.
| | Decree absolute in default of appearance. |
| 60.
| | Costs. |
| 61.
| | Application of Chapter XXII of the Civil Procedure Code. |
| 62.
| | Application of this Part. |
| 63.
| | General mortgages abolished. |
| 64.
| | Effect of mortgages to secure future liability, & c. |
| 65.
| | Action by concurrent mortgagee. |
| 66.
| | Warrant of attorney to confess judgment in mortgage action. |
| 67.
| | Production to court of title deeds of mortgaged land. |
| 68.
| | No security for costs in actions on mortgage. |
| 69.
| | Creation of mortgage by deposit of deeds and prescribed instrument. |
| 70.
| | Execution and attestation of instrument. |
| 71.
| | Special provisions as to payment of stamp duty. |
| 72.
| | Right of mortgagee to make and recover payments of stamp duty. |
| 73.
| | Right of approved agency to realize shares mortgaged in specified circumstances. |
| 74.
| | Address of mortgagor and issue of notice of demand. |
| 75.
| | Effect of exercise of right of sale & c. |
| 76.
| | Proceeds of sale or purchase to be applied in satisfaction of debt. |
| 77.
| | Rights of mortgagor on discharge of mortgage. |
| 78.
| | Right to damages, & c, for wrongful sale. |
| 79.
| | Savings for application of company law, & c, as to transfers and registration. |
| 80.
| | Meaning of "shares". |
| 81.
| | Rights of approved agency to surrender mortgaged life policy in specified circumstances. |
| 82.
| | Address of mortgagor and issue of notice of demand. |
| 83.
| | Moneys received upon surrender to be applied in satisfaction of debt. |
| 84.
| | Right to damages, & c, for wrongful surrender. |
| 85.
| | Power of approved credit agency to sell corporeal movables which are subject to mortgage. |
| 86.
| | Notice of demand of payment prior to exercise of power of sale. |
| 87.
| | Application of proceeds of sale. |
| 88.
| | Damages for wrongful sale of mortgaged property |
| 89.
| | Meaning of "book debt" |
| 90.
| | Rights of approved credit agency to which book debts are assigned by way of mortgage. |
| 91.
| | Manner of giving notice of assignment to person owing book debt. |
| 92.
| | Application of moneys received in payment of mortgage debt. |
| 93.
| | Damages for wrongful exercise of power to recover book debt. |
| 94.
| | Provision for recovery of book debt by assignor notwithstanding assignment. |
| 95.
| | Protection for debtor paying without notice of assignment. |
| 96.
| | Application for appointment of receiver where entire stock in trade, & c, is mortgaged. |
| 97.
| | Refusal to appoint receiver. |
| 98.
| | Directions in order of appointment, & c. |
| 99.
| | Duties and liabilities of receiver. |
| 100.
| | Moneys to be kept in court. |
| 101.
| | Restriction of appeals against appointment, & c, of receiver. |
| 102.
| | Special registration of mortgage of motor vehicle. |
| 103.
| | Registered mortgage of motor vehicle to subsist notwithstanding sales, & c, to third party. |
| 104.
| | Cancellation of registration of mortgage of motor vehicle. |
| 105.
| | Rights of mortgagee of movables seized by other creditor. |
| 106.
| | Rights of mortgagee of movables upon insolvency of mortgagor. |
| 107.
| | Order for sale and directions. |
| 108.
| | Manner of sale of mortgaged movables. |
| 109.
| | Application of this Part. |
| 110.
| | Injunction to restrain removal of goods from premises the rent of which is in arrear. |
| 111.
| | Liability of goods to seizure under decree for rent. |
| 112.
| | Rights of landlord in relation to goods on premises. |
| 113.
| | " Member of the family" defined. |
| 114.
| | Approval of credit agencies, & c. |
| 115.
| |
Section - 115 |
| 116.
| | Savings for appointment of receivers under Civil Procedure Code. |
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