Mortgagees may pay off moneys chargeable on land.

9. It shall be lawful for the mortgagee of any lands charged with the payment of any moneys under any memorial registered pursuant to the provisions of this Act or for his executors, administrators or assigns to pay off and discharge the moneys for the time being payable under and by virtue of any such memorial imposed thereon subsequent to the registering thereof and no part of the lands comprised in such mortgage shall thereafter be redeemed or redeemable until the amounts so paid and interest thereon after the rate of fifteen pounds per centum per annum shall have been fully paid and satisfied and all moneys so paid shall be recoverable by the person paying the same in like manner as any other moneys secured by the mortgagee.

Application of proceeds of sale.—Surplus.

10. The proceeds of every sale made under the provisions of this Act shall be applied first in payment to the Public Account of the Province of all expenses incurred hereunder on account of such sale, next in payment of the amount of the debt and interest for the time being chargeable on the said land under the order aforesaid, such interest being computed up to the day on which the proceeds shall be received by or on behalf of the Province, and the residue shall be paid to the Public Account of the Province and placed to the credit of a special account intituled "The Owner of, (describing the land shortly and adding the name of the owner if known) in account with the Province of" and simple interest on the amount of such residue remaining to the credit of the said special account at the rate for the time being allowed by the Bank to such Province for its credit balances shall be placed to the credit of the said special account on the expiration of each year until the expiration of five years from the day when the same was so paid to the Public Account and thereafter such interest shall cease.

Surplus to be treated as purchase money of land under Lands Clauses Consolidation Act.

11. All money placed to the credit of any such special account as aforesaid with the interest for the time being accrued thereon shall be dealt with in the same manner in all respects as if the same were purchase money of land taken compulsorily under the provisions of "The Lands Clauses Consolidation Act 1863" and the Acts for the time being in force amending the said Act paid into the Treasury and placed to the credit of a special account as required by the said Act.

Mode of proceeding where owner unknown.

12. In all cases where judgment for the amount of any such rate assessment or other liability as aforesaid is sought to be recovered against the owner of any land and it is not known who is the owner it shall be sufficient to describe such owner as "the owner of" (describing the land with reasonable certainty) and to serve the summons, writ or other process in the action or suit by affixing the same on some conspicuous place within the district in which such land is situate and by publishing the same in some newspaper circulated in the Province in which the land is situate, and if upon the hearing of any such action or suit or upon motion for judgment by default or upon the trial it shall be made to appear to the Court in which the action is brought or to a Judge of the Supreme Court if the action be in such Court that there is sufficient reason for proceeding under this section the action shall proceed in the same manner as if the said owner had been fully described by name in the process.

Mode of proceeding where owner known but absent from Colony.

13. In all cases where judgment for the amount of any such rate assessment or other liability as aforesaid imposed on any land or the owner thereof is sought to be recovered against the owner of such land and he be known but be not resident within the Colony any summons, writ or other proceeding issued with a view of obtaining such judgment against such owner may be served by affixing such summons on some conspicuous place within the district in which such land is situate and by publishing the same in some newspaper circulated in the Province in which the land is situate.

Interpretation in case of Westland.—"Governing body."

14. When any land sought to be charged and sold under the provisions of this Act is situate in the County of Westland the Chairman of the County Council of Westland may do all such things and make all such payments as are hereby required to be made or done by the Superintendent and this Act shall in such case be construed in the same manner as if the words "County of Westland", "County Council of Westland" and "Chairman of the County Council of Westland" had been substituted for the words "Province", "Provincial Council" and "Superintendent" wherever they occur in this Act and the forms prescribed in the Schedule to this Act shall be modified accordingly and the term "governing body" where used in this Act shall mean any Council, Board, Commissioners, Wardens, Trustees, persons or body whether corporate or not.

"Sale for Non-Payment of Rates Act 1862" not to be affected.

15. Nothing in this Act shall be construed to take away or affect the powers given by "The Sale for Non-Payment of Rates Act 1862" or to repeal or affect the said Act or any Act or Ordinance in which any of the provisions thereof are incorporated nor shall anything in this Act contained be deemed to take away or prejudicially affect any other remedies which the governing body entitled to receive or recover any rate or assessment may have for recovering payment of the same.

SCHEDULE A.

FORM OF MEMORIAL.

Be it remembered, that the Superintendent of the Province of __ having paid out of the public moneys of the said Province a certain judgment debt of £__ due on a judgment recovered in the __ against __ the owner of the land described in the Schedule to this Memorial, the said owner became indebted to the Superintendent of the said Province and his successors in the sum of £__ bearing interest at the rate of twenty-five pound per centum per annum from the __ day of __ 18__ being the day on which such payment was made whereupon this Memorial is made and subscribed by me __ the Superintendent of __ according to the provisions of "The Sale for Non-Payment of Rates Act, 1870," for the purpose of equitably charging the land with such amount and interest.

Dated, &c.

Signed, &c.

SCHEDULE.

[Describe the land, specifying all the particulars requisite for identifying the same.]