Ch. XII. Pt. I. Sec. VII.] Ea:tents. 309 expenses incurred in enforcing the payment thereof, there shall be any surplus of the monies arising from any such sale, the said surplus shall belong to the same person or persons as would be entitled to the lands, tenements or hereditaments sold, if there had not been a sale thereof, and shall accordingly be paid to such person or persons, under the order and direc- tion of the said Court of Exchequer, upon motion or petition to the said Court, to be made upon such notice to the Crown, and to be supported by such affidavits or other proofs, as to the said Court shall from time to time seem just and reason- able/' And by the 2d sect, the Court of Exchequer is enabled to order the production of title deeds. By virtue of this statute the express leave of the Court must be obtained before the defendants lands can be sold, and the Court seems to possess a species of legal discretion in granting this leave. The lands are to be sold " in such manner" as the Court shall direct, and the Court will not make an order for the sale, if goods sufficient to pay the debt have been seized under the extent [a). It is observable also, that the party's lands are to be sold only to the amount of the debt. As before observed an equity of redemption may be taken under the extent (6), but the Court will protect the interests of the mortgagee. The mortgagor's interest alone should be disposed of, and the mortgagee is entitled to notice of the motion, on an order to sell it {c). If the whole estate be sold and the proceeds of the sale paid into Court, the Crown will not be allowed on motion to satisfy the mortgagee, but the Court will order a reference to the deputy remembrancer to ascertain what is due on the mortgage {d So in the case of a claim of dower {e) : or where it is necessary and just that the exact sum due to the Crown for principal and interest, &c. should be ascertained {/), (a) 3 Price, 40. S. C. in West, 177. {d) Ibid. 225. {e) Ibid. 71. {h) Ante, sect. 5, Lauids. (/} Ibid, (c) 1 Price, 207. 2 Price, 67. SECT.
