§ (1) Where an application is made by the mortgagee of a dwelling-house for leave to exercise in relation to the mortgage or the dwelling-house any of the rights or remedies mentioned in Subsections (2) and (3) of Section one of the principal Act, and the mortgagor is a person serving in the armed forces of His Majesty or mainly dependent on a person so serving, the appropriate court, unless it is satisfied that the mortgagor is able immediately to pay the debt or to perform the obligation in question or that his inability to do so does not arise by reason of circumstances directly or indirectly attributable to any war in which His Majesty may be engaged, may in its absolute discretion refuse leave for the exercise of that right or remedy or give leave therefor subject to such restrictions and conditions as the court thinks proper.
§ (2) Where at the hearing of any such application as aforesaid the mortgagor is not present or is not represented he shall, unless the contrary is proved by the applicant, be deemed for the purposes of the foregoing Subsection to be a person serving in the armed forces of His Majesty or mainly dependent on a person so serving.
§ (3) Rules made under the principal Act may provide that, in such cases and subject to such conditions as may be specified in the rules, the leave of the appropriate court to appoint a receiver of the rents and profits of any mortgaged dwelling-house may be given on the ex-parte application of the mortgagee.955
§ (4) For the avoidance of doubt it is hereby declared that Sub-section (1) of Section one of the Possession of Mortgaged Land (Emergency Provisions) Act, 1939 (which restricts the right of mortgagees to obtain possession of land mortgaged before the third day of September, nineteen hundred and thirty-nine) applies to any right to obtain possession conferred on the mortgagee by virtue of any attornment or other provision contained in the mortgage or in any agreement collateral thereto; and accordingly the said Sub-section shall have effect and be deemed always to have effect as if after the words "obtain possession of the land" there were inserted the words "whether by virtue of his estate or interest as mortgagee or of any attornment or other provision contained in the mortgage or in any agreement collateral thereto."—[The Attorney-General.]
§ Brought up, and read the First and Second time, and added.