to consider the appointment of the receiver and to determine respecting the same; and to settle and approve of the pro-Settling security. posed security. O.R., 119.

make report.

Form of

111. The Master is to make no report approving of or Master not to appointing the receiver, but is to appoint such receiver by signing a written appointment to the following effect, viz.: "In the Queen's Bench (style of cause) I hereby appoint (receiver's appointment. name) receiver in this action. (Signature of Master,)" which appointment is to signed without any warrant or attendance for that purpose. O.R., 120.

ment.

112. After the execution and filing of the securities settled Filing appointand approved by the Master, the appointment is to be filed by the party who has procured the person named by him as receiver to be appointed, and may be moved against within ten days by any party interested. O.R., 121.

Committees of

113. Committees of the persons and estates of lunatics, Appointment of idiots, and persons of unsound mind, and guardians, excepting lunatics, et al. guardians ad litem, are to be appointed in the same manner as receivers, as nearly as circumstances will permit. O.R.,

122.

receivers, et al,

114. Where an order directs the appointment of a receiver, Fixing time for committee of the person and estate of a lunatic, idiot or per- to pass accounts. son of unsound mind, or a guardian other than a guardian ad litem and does not regulate the matter herein provided for, the Master is to fix the time or times in each year when the person appointed is to pass his accounts and pay his balances into Court; and in default of compliance with such direction, the person appointed may, on the passing of his accounts, be disallowed any salary or compensation for his services, and may be charged with interest upon his balances. O.R., 123.

Foreclosure, Sale and Redemption.

incumbrances.

115. Upon a reference under a judgment for foreclosure or Inquiries as to sale, the Master is to enquire and state whether any person or persons, and who other than the plaintiff, has or have any lien, charge or encumbrance upon the land and premises embraced in the mortgage security of the plaintiff, in the pleadings mentioned, subsequent thereto. O.R., 124.

certificates as to

116. The plaintiff is to bring into the Master's Office certifi- Bringing in cates from the Registrar or District Registrar of the Registra- incumbrances. tion District or Land Titles District and Sheriff of the Judicial District wherein the lands lie, setting forth all the incumbrances which affect the property in the proceedings or

Incumbrancers to be made parties.

pleadings mentioned, and such other evidence as he may be advised. O.R., 125.

117. The Master is to direct all such persons as appear to him to have any lien, charge or incumbrance upon the estate in question, to be made parties to the action, and to be served Notice to incum with a notice in the form No. 17 in the Schedule to these Rules. O.R., 126.

brancers.

Parties added may move

against order.

Incumbrancers

to be served

with appoint.

ment.

Parties duly served and not

foreclosed.

118. Any party served with a notice under Rule 117 may apply to the Court at any time within fourteen days from the date of the service, to discharge the order making him a party, or to add to, vary, or set aside the judgment. ÖR., 127.

119 The Master, before he proceeds to hear and determine, is to require an appointment to the effect set forth in form No. 18 in the Schedule to these Rules, to be served upon incumbrancers made parties before the judgment. O.R., 128.

120 Where any person who has been duly served with attending to be notice under Rule 117, or with an appointment under Rule 119, neglects to attend at the time appointed, the Master is to treat such non-attendance as a disclaimer by the party so making default; and the claim of such party is to be thereby foreclosed, unless the Court orders otherwise upon application duly made for that purpose. O.R., 129.

Taking accounts,

Master's report.

Subsequent

accounts.

121. When all parties have been duly served, the Master is to take an account of what is due to the plaintiff and to such other incumbrancer or incumbrancers (if any) for principal money and interest; and to tax to them their costs, and to settle their priorities; and also to appoint a time and place, or times and places for payment, according to the present practice of the Court. O.R., 130.

122. The Master's report must state the names of all persons who have been made parties in his office, and who have been served with the notice or appointment herein before provided, and the names of such as have made default, and must settle the priorities, &c., of such as have attended, and these latter are to be certified as the only incumbrancers upon the estate. O.R., 131.

123. All subsequent accounts are, from time to time, to be taken, subsequent costs taxed, and necessary proceedings had, for redemption by, or foreclosure of, the other party or parties entitled to redeem the mortgaged premises, as if specific directions for all these purposes had been contained in the judgment. O.R., 132.

ings on judg.

124. If the judgment directs a sale, instead of foreclosure, Sale-proceed. on default in payment, then, on default being made and an ment for. order for sale being obtained, the premises are to be sold,with the approbation of the Master, and he is to settle the conveyance to the purchaser in case the parties differ about the same; and the purchaser is to pay his purchase money into Court, to the credit of the action, subject to the further order of the Court. O.R, 133.

purchase money.

125. The purchase money, when so paid, is to be applied in Application of payment of what has been found due to the plaintiff and the other incumbrancer or incumbrancers (if any), according to the priorities, together with subsequent interest and subsequent costs. O.R. 134.

when judgment

126. Upon a reference under a judgment for redemption, Taking accounts the Master is, without any special direction, to take an account for redemption. of what is due to the defendant for principal money and interest, and his costs are to be taxed, and a time and place or times and places appointed for payment, according to the present practice of the Court in that behalf. O.R. 135.

where order is

or foreclosure,

127. Where the order is for redemption or foreclosure, or Procedure redemption or sale, such proceedings are in such case to be for redemption thereupon had, and with the same effect, as in an action for or redemption foreclosure or sale, and in such case the last incumbrancer or sale. is to be treated as the owner of the equity of redemption. O.R. 136.

perty when pay.

128. In an action for foreclosure or sale upon payment by Conveying prothe defendant, or in an action for redemption upon payment ment made. by the plaintiff, of the amount found due, the plaintiff or defendant shall, unless the judgment otherwise directs, assign and convey the mortgaged premises in question to the defendant (or plaintiff, as the case may be) making the payment, or to whom he may appoint, free and clear of all incumbrances done by him, and deliver up all deeds and writings in his custody or power relating thereto, upon oath; and in case of a corporation the affidavit shall be made by the officer thereof having the custody of such deeds and writings. O.R., 137.

ACCOUNTANT'S OFFICE.

(i) General Rules.

129 The Suitor's accounts in the Court shall be in charge Accountant to of the Accountant. O. R., 139.

have charge of suitor's accounts,

Bank to receive

money paid into Court.

Praecipe for

to receive

(ii) Payment into Court.

130. All money paid into Court by any person is to be paid into the Imperial Bank of Canada at Winnipeg, or such other bank as may be designated by the Lieutenant-Governor-inCouncil from time to time, to the credit of the Treasurer of the Province. M.R., E.T., 45 (a), 1885.

131. A person desiring to pay money into Court is to prodirection to bank duce to the Accountant the order, if any, under which the same is payable, and is to fyle a præcipe requiring a direction to the bank to receive the amount of money so payable into Court to the credit of the cause. Ibid., b.

money.

Money to be

paid out by

132. The bank, on receiving money to the credit of any cause or matter, is to prepare a receipt therefor in duplicate, and one copy is to be delivered to the party making the deposit, and the other is to be posted or delivered the same day to the Accountant. Ib., C.

(iii) Payment Out of Court, etc.

133. Money is to be paid out of Court by cheque countercheque counter signed by one of the Judges according to the practice heretofore in vogue. Ib., d.

signed by

Judge.

Material upon

which order for

Court to be

134. No order for payment out of Court is to be made withpayment out of out the production by the party applying of a certificate from the Accountant as to the state of the account against which the order is asked to be made, or such part thereof as my be necessary. M R., 40, 1883.

made.

To whom cheques to be

be

135. Cheques are to be issued payable to the order of made payable. the person or persons entitled thereto; but if a power of attorney duly verified is produced and filed, the cheque may issued payable to the order of the person authorized by the power of attorney to receive the same. Ib., 41.

Time for issue of cheques.

Documents to be

left with account

to be made out.

136. Cheques are to be ready to be issued after two of the clock in the afternoon of the day following that upon which the præcipe has been left with the Accountant. Ib., 43.

137. The person entitled to the cheque is to produce and ant when cheque leave with the Accountant the orders and reports entitling such person to the money, and is to file the praecipe requiring such cheque in a form similar to the form heretofore used in Equity. MR. E.T., 45 (e), 1885.

Preparation,

138. If the Accountant finds the party entitled as mentionand delivery of ed in the praecipe, he is to prepare the cheque, after which the

countersignature

cheque.

same is to be countersigned by the Judge and delivered to the party, who may thereupon present the same at the office of the Provincial Treasurer to be countersigned. Ib., f.

139. The orders and reports produced as aforesaid are to be Re-delivery of delivered to the party entitled thereto with the cheque. Ib., g. party.

documents to

140. The following books of accounts are to be kept relating Books of account to money in Court :—

(1) A book of directions to the Bank to receive money;

(2) A Money Journal;

(3) A Money Ledger;

(4) A Balance Book. Ib., h.

directions.

141. The book of directions is to be in such form as the Form of book of Judges may from time to time direct or approve, and the directions shall be numbered consecutively. Ib. i.

142. The Money Journal is to show the sum paid into and Money Journal. out of Court from day to day, and is to be so arranged and kept that the foot of each page will show the balance in the bank, assuming that all cheques have been presented. Ib. j.

143. The Money Ledger is to show a separate account for Money Ledger. every cause or matter for which there is money in Court, and the general bank interest account according to the terms of the Queen's Bench Suitors Fund Act, each of which accounts shall show the state and condition thereof for the time being. Ib., k.

ing suitors'

accounts.

144. In each of the suitors' accounts there are from time to Method of keeptime to be entered the date and the purport or short material contents of all orders and reports affecting the same, also every sum paid into or out of Court, and by whom paid, and for what paid, and under what authority. There is also to be credited to the account the interest computed or included in any order or report, and a corresponding transfer of interest is to be made or directed. There is likewise to be entered in the account a statement or memorandum of any other matters material for the information of the Court, or its officers, or any of the parties. Ib., 1.

145. The Balance Book is to contain a statement entered Balance Book. therein half-yearly of the balances to the credit of the various accounts in the two ledgers at the date of each such statement: such balances are to be made up to the thirtieth day of June and the thirty-first day of December in each and