5.- (1) On any application the Judge may grant the leave applied for, or if he is of opinion that time should be given to the person liable to make any payment on the ground that he is unable immediately to make the same by reason of circumstances attributable directly or indirectly to the present war, the Judge may, in his absolute discretion, after considering all the circumstances of the case and the position of all the parties, by order refuse to permit the exercise of any right or remedy, or may stay execution or postpone any forfeiture or extend the time for the expenditure of any money or the making or providing any such improvements or services, as the case may be, for such time and subject to such conditions as he thinks fit (h).

(f) In case of default in payment of interest, rent, taxes, insurance or other disbursements which the mortgagor or purchaser has covenanted or undertaken to pay, the mortgagee or vendor is untrammelled by the statute, that is to say, he may pursue his remedies for the recovery of principal as well as interest and other charges, unless the mortgagor or purchaser pays or tenders the interest or other charges. Toronto General Trusts Corporation v. Ritchie,. 1915, 8 O.W.N. 328; Hind v. Gidlow, 1915, 8 O.W.N. 327.

(g) The words enclosed within square brackets were added in 1918 by 8 G. 5, c. 26, s. 2.

(h) No appeal lies from the order of a judge granting or refusing leave to proceed, Re George and Lang, 1916, 36 O.L.R. 382, 30 D.L.R. 504. If the mortgagee seeks to recover on the covenant against the mortgagor, and the latter is able to pay, the mortgagee should be permitted to proceed, notwithstanding that the mortgagor-

(a) Where the judge has made an order extending the time for the expenditure of money or for making or providing the improvements or services mentioned in clause e of subsection 1 of section 2, the order shall apply to any proceedings taken or sought to be taken by any other owner or purchaser of land in respect of any default in fulfilling the same contractual obligation with respect to other lands laid down upon the same plan or subdivision.

(2) The Judge may give directions as to the service of notice of the hearing of the application upon any person whom he deems a proper party to the proceedings, and may adjourn the hearing for that purpose, or he may dispense with service of the notice of the application upon any party who appears to have abandoned his interest in the property if the Judge considers that service of the notice would occasion useless or unnecessary expense or delay.

6. It shall not be necessary to support any such application by affidavit or other evidence, except such evidence, if any, as may be necessary to show the nature and extent of the relief required, but if any contest arises between the parties the judge to whom the application is made may make such requirements or give such directions as to evidence on the part of any party as the judge may deem proper.

7. The conditions upon which the order may be made may include the giving of any undertaking, or the deposit in court or otherwise of any security, or the appointment of a receiver or the granting of an injunction.

8. The costs of the application shall be in the discretion of the judge, who shall fix the amount of the same, and he may direct that they be added to the mortgage or other debt (i).

may not be entitled to leave to proceed against the purchaser of the equity of redemption. Beswetherick v. Griesman, 1915, 8 O.W.N. 439; cf. Re Beswetherwick and Greisman, 1915, 8 O.W.N. 566. The fact that the mortgagor will be obliged to pay a higher rate of interest in order to pay off the mortgagee's claim is not sufficient ground for refusing leave to the mortgagee to proceed. Re Central Canada Loan and Savings Co. and Yanover, 1915, 8 O.W.N. 522. In particular circumstances it may be proper to put the mortgager upon special terms, e.g., to require him to pay interest at an increased rate, and to pay over on account of principal the net revenue of the mortgaged premises, or the excess of the net revenue over the interest. He Hutson and Davidson, 1918, 13 O.W.N. 475; cf. In re Jobson's Application, [19181 W.N. 14].

(i) It Is usual for the judge to allow to the mortgagee his costs of the application, payable within a limited time. Re Shepard and Rosevear and Moyes Chemical Co., 1918, 42 O.L.R. 184, at p. 187.

9. An order made under this Act may, if subsequent circumstances render it just to do so, be suspended or discharged or otherwise varied or altered upon application to a Judge or local Judge of the Supreme Court, or to the Judge of the proper County or District or Division Court as the case may be.

10. Where an action or other proceeding has been taken in court upon a mortgage or contract to which section 2 applies upon the trial of any issue arising in the action or proceeding, the judge, whether an application or order has or has not been made as provided by section 2, may exercise the discretion and make the order provided for by that section or by section 5.

11. The powers conferred by this Act shall be in addition to and not in derogation of any other powers of the court.