The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1822-03-20
COMMONWEALTH Of Bassatbusttts.
IN the gear Of our Lord one thousand eight
hundred and fscenty-tr0.
An ACT making further provision fol
the redemption Of Mortgages.

the redemption Of Mortgages.
WHEREAS it is sometimes impossible or
irconvenient for mortgagors or others, having
q right to redeem mortgaged lands or tene-
mems, to ascertain the sums justly due there
on, so as to make a lawful and sufficient tender,
before commencing their suit for redemption Of
Inc mortgage Therefore,
SEC. l. Be Il enacted By the Senate and
House Of Representatives. IN General Court as
sembled, and BY tie authority Of the same,
That when any mortgagor or other person,
having right to redeem lands and tepements,
mortgaged or granted upon condition by deed
Of bargain and sale, with defeasance, shall
bring his bill in equity for the redemption
thereof within three years next after the mort
gagee or vendee, their assigns, shall have OBJ
tanned actual possession OF such lands or tene-
ments. for the condition broken, and shall in
his bill offer to pay such sum shall be found
justly and equitably due, or to perform such
other condition as the case may require, such
offer shall have the like force and effect as a
tender Of payment or performance made be-
fore the commencement of the suit and the
bill shall be sustained without any allegation
or proof Of such previous tender: Proridsd the
MORTGAGE or those claiming under him, shall,
qaes have ssiassd flesSisd due Hv d sS
said mortgage, before the commencement of
such suit. And in such case, no cost shall be
awarded against the mortgage or other de-
PENDANT, unless it shall appear thai he has I'M
reasonably refused or neglected to render a
just and true account, when thereto requested,
Of the money due on the mortgage, and of the
Ients and profits Of the mortgaged premises,
and the money expended in the repairs and
Improvements thereof, if any or that he has,
otherwise,b by his default prevented the plaintiff
or complainant from performing or rendering
performance of the condition before the COM
msncement Of the suit.
Sec. Q. Be IL fasrtker enacted, That when
any mortgage has been or shall be made for
securing the payment of money only, and the
whole sum due thereon shall have become
payable according to the terms ofthe contract,
the mortgagor or his assigns, on payment or
rendering of payment to the mortgage or his
assigns of the whole sum due as aforesaid, may
have their bin 10 equity, for the redemption of
the mortgaged premises. slthough the mortga-
gee or his assigns shall not have entered aud
obtained actual possession Of the morgaged
premises fer the breach Of tie condition or
the Enertgagor or his assigns may, in such case,
have their bill in equity for redemption. in
manner provided in the first section of this
act, without having made such tender or pay
smtnt before the commencement Of the suit
= and in each case, the cause shall be heard and
: determined in Ike manner as is by law psovd-
ed on bill in equity brought after an entry
I: ior the breach Of the condition PTsvi@ed, that
! when the suit Is brought, before am actual en-
Try by the mortgage or his assigns, and before
any tender or payment made as aforesaid, if
the mortgagee or other defendant, to whom
. the money is payable, shall be out of the Com
inonEcalth and shall not have had actual no.
flee of the suit, the Court in which the suit is
. pending, shall order notice to be given to.such
absent party. IN snGh manner as tie circum-
stances of the case may appear to require,s and
may continue the cause as long as may be ne
cesssrs, ia their discretion, to enable such abb
sent party to appear and answer to thesuit.
SEC. 3. Be il further enacted, That no bill
IN equity shall be hereafter brought or MAIN
tanned, for the redemption ofmortgaged lands
or tsncments, founded on tender OF payment
CT Of performance of the condition made before
the commencement of the suit, unless the suit
shall be commenced within one year from the
time Of passing this act, or within one year
n.xt, a:tssthe making Of such tender.
.4PprOred By the GoreynO,v, .
February 10, 1922.