s. 92 (5) This section shall apply to actions brought either before or after the commencement of this Act. (6) In this section shall include mortgaged property the estate or interest which a mortgagee would have had power to convey if the statutory power of sale were applicable. (7) For the purposes of this section the Court may, in favour of a purchaser, make a vesting order conveying the mortgaged property, or appoint a person to do so, subject or not to any incumbrance, as the Court thinks fit; or, in the case of an equitable mortgage, may create and vest in the mortgagee a legal estate to enable him to carry out the sale in like manner as if the mortgage had been made by deed by way of legal mortgage. 92 Power to authorize land and minerals to be dealt No. 3754 s. 92. with separately Where a mortgagee's power of sale in regard to land has become exercisable but does not extend to the purposes mentioned in this section, the Court may, on his application, authorize him and the persons deriving title under him to dispose— (a) of the land, with an exception or reservation of all or any mines and minerals, and with or without rights and powers of or incidental to the working, getting or carrying away of minerals; or (b) of all or any mines and minerals, with or without the said rights or powers separately from the land— and thenceforth the powers so conferred shall have effect as if the same were contained in the mortgage.
(5) This section shall apply to actions brought either before or after the commencement of this Act. (6) In this section mortgaged property shall include the estate or interest which a mortgagee would have had power to convey if the statutory power of sale were applicable. (7) For the purposes of this section the Court may, in favour of a purchaser, make a vesting order conveying the mortgaged property, or appoint a person to do so, subject or not to any incumbrance, as the Court thinks fit; or, in the case of an equitable mortgage, may create and vest in the mortgagee a legal estate to enable him to carry out the sale in like manner as if the mortgage had been made by deed by way of legal mortgage. No. 3754 s. 92. 92 Power to authorize land and minerals to be dealt with separately s. 92 Where a mortgagee's power of sale in regard to land has become exercisable but does not extend to the purposes mentioned in this section, the Court may, on his application, authorize him and the persons deriving title under him to dispose— (a) of the land, with an exception or reservation of all or any mines and minerals, and with or without rights and powers of or incidental to the working, getting or carrying away of minerals; or (b) of all or any mines and minerals, with or without the said rights or powers separately from the land— and thenceforth the powers so conferred shall have effect as if the same were contained in the mortgage.