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-- --Mavceh 3. satisfy the ~Judge. that he has a proper case and is entitled to some relief; in other words, he has to make out a prima facle case. On this ap-- plication, the applicant is required A to produce and file the material used % on his application to the mortgagee or vendor, as the case may be, to-- gether with a full statement of his case on a form which will be available for his use, and such other evidence [ as the Judge requires. | ©Third Step Provided For. "If a prima facie case has not been made out, which would justify relic. and a hearing, the Judge can dismis. the application and the mortgagec may proceed. If, however, a case has been made out, before the Judge, then the third step is provided ior. "The Judge, in all such cases, shall grant a hearing, and all parties in-- terested, including second mortgagees, and all subsequent encumbrances, will be brought before him. At this hear-- ing, the Judge considers the position | -- of all parties, reveiws all the facts | and circumstances of each case, and' if he is of opinion on the evidence before him, that such applicant is en-- titled to relief, the Judge by the act is given power to make an order. "It is thought advisable to set out in the act just what order the Judge' may make. This is provided for and the order that may be made is as | follows: | _ "1. That the applicant be relieved from making any payments of inter-- est, insurance, etc., for a period not exceeding six months--(it may be for | one, two, three, four or five months, depending on the facts and circum-- stances in ceach case, but cannot ex-- ceed six months). "2. That after such period of one, two, three, four, five or six months, as the case may be, the applicant shall, if he wishes to retain the prem-- ® ises, pay to such person as the Judge directs, monthly payments in advance, based upon at least 75 per cent. of the aggregate amount of interest, taxes and insurance due in any year. "(3) That the applicant shall not sell or dispose of any of his goods or chattels without the consent of the mortgagee or Judge; "(4) That failure to comply with the terms of the order, the mortgagee may proceed if he wishes: "(5) That any action or proceeding commenced shall be stayed, and if no action has been taken, none shall be taken. Order for Payments. i "The Judge may also, where he finds from the facts before him that the applicant is able to make monthly payments within the six months' , period, order that the same be paid. | This. gives the mortgagor, in proper . cases, reasonable relief, and also pro-- vides for payments by way of rent to the mortgagee. "The act further provides that the | proceedings shall be free of costs, and 'all hearings shall be in camera. There are also general provisions giving j |power to the Judge upon application ; made on notice to all parties, to re-- view, and vary any order made. Pro-- vision is also made that the Sheriff shall not continue any proceeding taken on an execution against the lands of any mortgagor or purchaser, without the leave of the Judge. Pro-- vision is also made that the provi-- sions of the act apply to actions or proceedings taken after the First day of January, 1933. "In considering and framing this legislation, both mortgagor and mort-- gagee have been considered, and it is thought that it will work out in prac-- * _tice to the mutual benefit of both. In many cases the mortgagee does not want the property, but is willing to carry along, provided something . comes in to meet taxes and interest."