The Saskatchewan Land Titles Act, 1917, s. 112, provides:

112.- (1) When default has been made in payment of the principal or interest secured by a mortgage or encumbrance and such default has continued for six months after the time fixed for payment, the mortgagee or encumbrancee or his transferee may make an application in writing to the registrar for foreclosure.

(2) The application shall state that such default has been made and has continued for the period aforesaid, that the land mortgaged or encumbered has been offered for sale at public auction under the provisions of this Act (u), that the amount of the highest bid at the sale was not sufficient to satisfy the moneys secured by the mortgage or encumbrance together with the expense occasioned by the sale, and that the notice mentioned in section 108 (v) or subsequent notice served upon the same persons declared the intention of the mortgagee or encumbrancee to apply for foreclosure in case such sale should prove abortive.

(3) The application shall be accompanied by such proof of the matters stated by the applicant and such other evidence as the registrar may require.

The Alberta Land Titles Act (w) is to the same effect, except that the application for foreclosure must state that the amount of the highest bid "was not equal to nor greater than the reserve bid fixed by the registrar" instead of stating that it was not sufficient to satisfy the moneys secured by the mortgage together with the expenses.

The Saskatchewan statute, s. 113, provides:

113. Unless the registrar shall see fit to order otherwise, the notice, whether of intention to enter into possession of the lands and receive and take the rents, issues and profits thereof, or to sell or to apply for a foreclosure order, shall be served personally on the owner, mortgagor or encumbrancer and other persons interested as aforesaid (x); but in case any of such persons cannot after due diligence be found the registrar may direct service of the notice pearing by the records of the land titles office at the date of registration of the notice to have any mortgage, encumbrance or lien upon, or estate, right or interest in or to the lands subsequent to such first named mortgage or encumbrance," as specified in s. 108.

(u) As to the provisions for sale, see Sec. 247, supra.

(v) See chapter 22, Action for Possession, Sec. 217, where s. 108 is quoted.

(w) Alta. s. 62a, sub-ss. 10, 11, 12, 13, as enacted by 1915, c. 3, s. 2, and amended by 1917, c. 3, s. 40.

(x) That is, "upon the mortgagor or encumbrancer, his executors, administrators or assigns and upon every other person apby leaving it on the mortgaged lands, or by mailing it in a sealed envelope by registered post directed to him at his last known address, or in such other manner as the registrar may deem expedient.

The Alberta statute (y) is the same in effect, except that it omits the words "to enter into possession of the lands and receive and take the rents, issues and profits thereof" and adds, "and in case any person required to be served is deceased and such person has no legal representative, such notice shall be-effectively served if served upon the public administrator for the district in which the lands subject to the mortgage or encumbrance are situate."

In place of ss. 112 and 113 of the Saskatchewan statute, the Manitoba Real Property Act, s. 122, provides (z):

122.- (1) Whenever default has been made in payment of the .principal or interest moneys secured by a mortgage or encumbrance registered under the new or old system, or filed with the district registrar under section 105 of this Act (a), and such default continues for six months under the new system mortgages and for one year under any other mortgages above referred to after the time for payment mentioned in the mortgage or encumbrance, the mortgagee or encumbrancee, or his transferee or assign, may make application in writing to the district registrar for an order of foreclosure; and such application shall state that such default has been made and has continued for the period aforesaid, and that the land mortgaged or encumbered has been offered for sale at public auction after a notice of sale served as provided by The Real Property Act or by the terms of the mortgage, and that the amount of the highest bid at such sale was not sufficient to satisfy the moneys secured by such mortgage or encumbrance, together with the expenses occasioned by such sale; and such application shall be accompanied by such proof of the matters stated by the applicant and by such other evidence as the district registrar may require.

(y) Alta. s. 62a, sub-s. 14, as enacted by 1915, c. 3, s. 2.

(z) R.S.M. 1913, c. 171, s. 122, as amended by 1917, c. 72, s. 1.

(a) I.e., filed while an application to bring the land under the Act is pending.

(2) The district registrar shall thereupon cause to be served on the mortgagor or encumbrancer, his executors, administrators or assigns, and every other person appearing at the time of filing such application to have any mortgage, encumbrance or lien upon, or estate, right or interest in or to the lands subsequent to the first named mortgage or encumbrance, a notice requiring them within the time limited by such notice to redeem the land from said mortgage or encumbrance, which time shall not be less than one month from the date of service of such notice.

(3) Unless the district registrar shall see fit to otherwise order, the notice of intention to sell under new system mortgages, or of foreclosure proceedings under either old or new system mortgages, or the notice requiring redemption, shall be served personally on such owner, mortgagor, and encumbrancer and other persons interested, as aforesaid; but in case he or they cannot after due diligence be found, the district registrar may direct service of such notice by being left on the mortgaged lands or being sent through the post office by a registered letter directed to him or them at his or their last known address, or in such other manner as the district registrar may direct.