O. LI, rr. 33-37. 594 Costs in fore where amount due at commencement of exceed $300. 33. In any action brought for the foreclosure of a mortgage where the amount due thereon at the commenceclosure action ment of the action does not exceed three hundred dollars, where judgment has been given by default for want of an action does not appearance, the costs to be taxed and allowed to the solicitor, and the fees payable to the Referee, shall be one half the amount of the costs taxable for similar services where the amount due on the mortgage at the commencement of the action exceeds three hundred dollars. But where in any such case the defendant appears and defends the action, and the plaintiff succeeds at the hearing, he shall be entitled to recover full costs for all proceedings subsequent to appearance, unless the defendant shall obtain an order directing that the plaintiff shall only be entitled to receive half the amount of costs taxable in cases where the amount due at the commencement of the action exceeds three hundred dollars as aforesaid. C. S. 1903, c. 112, s. 209. 595 Legal title in partition action. 596 Judgment in partition bind V.-Partition Actions and Sales. 34. The partition of lands, tenements and hereditaments held in co-parcenary, joint tenancy or tenancy in common shall be effected by the Court or a Judge in an action brought for that purpose, and the Court or a Judge shall have power in such action without holding the pleadings or directing an issue, to decide all questions that may arise in the pleadings with respect to the legal title to the lands sought to be partitioned or any part or parts thereof. C. S. 1903, c. 112, s. 210. 35. When an infant shall be a party to any action for partiing on infant. tion, it shall not be necessary to give such infant a day to show cause after he shall have attained the age of twenty-one years. C. S. 1903, c. 112, s. 211. 597 made by Referee. Partition to be 36. No commission shall be issued in actions for partition, but partition shall be made under the judgment or order directing the same, and the directions formerly contained in the commission, shall be inserted in such judgment or order. The partition shall be made by a Referee to be nominated and selected as hereinbefore provided. C. S. 1903, c. 112, s. 212. 598 If objected to. 37. No sale or partition shall be made by a Referee in make sale, etc. any action for partition if any party to the action objects there rr. 38-41. to, until after his report recommending such sale or partition, o., as the case may be, shall have been confirmed by the Court or a Judge, or a sale shall have been ordered in accordance with the provisions of the next following Rule. C. S. 1903, c. 112 s. 213. 599 sale of land. 38. Whenever in any action for partition, a partition Judgment for shall be ordered, and the Court or a Judge shall be satisfied that it is difficult to make a beneficial partition of the lands in question, the Court or Judge may order a sale of the lands to be made by a Referee, and when a sale is so ordered, the Court or a Judge shall specify whether the said lands shall be sold in one lot or in separate parcels, and if a sale in parcels be directed, the order to be made by the Court or a Judge shall specify and describe the same. The Referee nominated shall proceed to partition or sell the said lands as directed by the judgment or order in accordance with the provisions in that behalf contained in the next following Rule. C. S. 1903, c. 112, s. 214. See 31 & 32 Vict. c. 40, ss. 3, 4 and 5, (Imp.)., 600 39. When the Court or Judge shall order a sale under the Sale. last preceding Rule, the Referee may sell the same or any part thereof as directed by the judgment or order at public auction to the highest bidder, giving not less than two months' previous notice in a newspaper of the county where the land lies, or if none be published there, then in the Royal Gazette, and convey the same to the purchaser, and he shall forthwith make a report of his doings under his hand. In cases where he shall have partitioned one portion of the estate and sold the remainder, he shall in his report specify what is in his Report of opinion the value of the several portions partitioned, so that tions partithe Court or Judge on confirming the return may be able to part of land order such a distribution of the funds derived from such sale as will make the shares of all parties equal, according to their several interests in the estate to be partitioned. C. S. 1903, c. 112, s. 215. value of por tioned where sold. 601 veyance. 41. Any conveyance to be made by a Referee under the Effect of conprovisions of Rules 38 and 39 of this Order, shall vest in the grantee mentioned therein all the right, title and interest of all parties to the action, of, in and to the lands therein mentioned, and the same shall be valid notwithstanding any defects in his report, and when such conveyance is acknowl O. LI, rr. 41. 42. 602 Effect of decree in severalty. edged or proved and registered, the same, or a certified copy thereof, when admissible in evidence, shall be evidence that all the proceedings on which such conveyance is founded were rightly had. C. S. 1903, c. 112, s. 216. 41. The judgment or order of the Court or a Judge whereby any portion of lands held in co-parcenary, joint tenancy, or tenancy in common, shall be ordered in severalty, shall transfer to such co-parcener, joint tenant or tenant in common, all the right, title and interest of the other parties interested therein, as well infants and married women, as others, being parties to such proceedings; a memorial of such Memorial of judgment or order shall be made and registered in the registry cffice of the county where the lands or any part thereof are situate, and the same or a certified copy thereof, when admissible in evidence, shall be evidence that all proceedings in which such judgment or order was made, were rightly had. C. S. 1903, c. 112, s. 217. decree. Costs. 603 42. The costs of all parties to any action brought for the partition of lands, to be ascertained by and taxed by the proper officer, shall be shared and borne by the several parties to such action rateably and in proportion to the value of their respective interests in the lands and premises partitioned, unless the Court or Judge otherwise orders; the said costs shall be and remain a lien upon the respective shares of the several parties in the lands partitioned, or in the proceeds of the sale thereof, for the amounts to be paid by them respectively until paid; provided always, that if the Court or Judge is of opinion that a plaintiff has needlessly commenced an action for partition of any lands or other property, or that any party interested in a partition action, whether a plaintiff or a defendant, has without what the Court or a Judge may deem sufficient reason, refused either before or after the commencement of such action to agree to a public sale on two months' notice, or an amicable partition of such land or other property without sale or partition by the Court or a Judge, the Court or Judge may in its or his discretion compel such plaintiff or party to pay the costs of action, or deprive such plaintiff or party of his costs in any portion thereof. C. S. 1903, c. 112, s. 218. VI.-Vesting of Titles and Execution of Conveyances, etc., by Order of Court. O. LI, r. 43. 604 etc., of land decreed to be sold or con be deemed to trust. 43. (1) When any judgment or order shall have been Person seized, made directing the sale of any land for any purpose whatsoever or any judgment or order directing the conveyance of veyed, etc., to any lands or premises, or any judgment or order setting aside be seized in any deed or conveyance of any lands or premises shall have been made, every person seized or possessed of such lands or premises or entitled to a contingent right therein, being a party to the action or proceeding in which such judgment or order shall have been made and bound thereby, or being otherwise bound by such judgment or order, shall be deemed to be so seized or possessed or entitled, as the case may be. upon a trust; and in every such case it shall be lawful for the Court or a Judge if it or he shall think it expedient for the purpose of carrying such sale, judgment or order into effect, to make an order vesting such land or premises, or any Vesting order. part thereof, for such estate as the Court or Judge shall think fit, either in any purchaser or in such other person as the Court or Judge shall direct, and every such order shall have order. the same effect as if such person so seized or possessed or en- Effect of titled had been free from all disability, and had duly executed all proper conveyances and assignments of such land or premises for such estate. as to real or estate. IRS. O. 1897, c. 51, s. 36]. (2). In every case in which the Court or a Judge has Vesting order authority to order the execution of a deed, conveyance personal transfer or assignment of any property, real or personal, the Court or Judge may by order vest such real or personal estate in such person or persons, and in such manner, and for such estates, as would be done by any such deed, assignment or transfer, if executed; and thereupon the order shall have the same effect as if the legal or other estate or interest in the property had been actually conveyed by deed or otherwise, for the same estate or interest, to the person in whom the same is so ordered to be vested, or in the case of a chose in action, as if such chose in action had been actually assigned to such last-mentioned person. of vesting (3). A copy of any judgment or order in this Rule mention- Registration ed, certified by the proper officer, under his hand and the sea order. of the Court, may, where any lands are affected thereby, be O. LI, r. 44. 605 Execution of instruments by order of Court. O. LII, rr. 1-3. 606 Petition for admeasure registered in the office of the registrar of deeds of the county where the lands or premises mentioned in such judgment or order are situate; such copy of such judgment or order or a copy thereof, certified by the registrar, shall be evidence of such judgment or order in all Courts in the Province. C. S. 1903, c. 112, s. 148. 44. Where any person neglects or refuses to comply with a judgment or order directing him to execute any conveyance, contract, or other document, or to indorse any negotiable instruinent, the Court or a Judge may, on such terms and conditions (if any) as may be just, order that such conveyance, contract, or other document shall be executed, or that such negotiable instrument shall be indorsed by such person as the Court or Judge may nominate for that purpose; and in such case the conveyance, contract, document, or instrument so executed or indorsed, shall operate and be for all purposes available as if it had been executed or indorsed by the person originally directed to execute or indorse it. J. A. 1884, s. 14, (E). ORDER LII. ADMEASUREMENT OF DOWER. 1. Any widow may apply to the Court or a Judge by ment of dower. petition for the admeasurement of her dower, specifying in such petition the lands in which she claims dower. C. S. 1903, c. 112, s. 247. 607 Service of petition. 608 How service to be effected. 2. A copy of such petition, with notice of the time when it will be presented, shall be served at least twenty days previous to its presentation, upon the heirs of her husband, or if they are not the owners of the land subject to dower, then upon the owners of such lands claiming a legal or equitable freehold estate therein, or their guardian when any such heirs or owners are infants. C. S. 1903, c. 112, s. 248. 3. Such notice may be served personally on any party of full age, or upon the guardian of infants, or by leaving the same with any party of proper age at the last residence of such party or guardian in case of his temporary absence; and if any such heir or owner be resident out of the Province, the service of such notice may be upon the tenant in actual occupation of the lands, or if there be no tenant, then by |