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Section 155

⎯(1)

of Land Code, 1958

State OrdinanceIn forceProvision 110 of 209
Section 155

Where any person entitled to receive, or having received, payment of any money secured by a charge is not in

Sarawak, cannot be found or is unknown, or is dead, or it is uncertain who is entitled, the High Court, upon the application of the person entitled to redeem the charged premises, may order the amount of the debt to be ascertained in such manner as the Court thinks fit and may direct the amount so ascertained to be paid into Court or, as the case may be, may by order declare that all moneys secured by the charge have been paid in full.

(2)

A certificate by the Registrar of the Court that such payment as is referred to in subsection (1) was directed and has been made, or a copy of the order of the Court declaring that all moneys secured by the charge have been paid in full, shall be registrable and shall, upon registration, operate as a discharge of the land from the charge in the same manner as a memorandum of discharge operates under section 154. As between the chargor and chargee, any amount which is eventually shown by the person entitled to the charge to have been in fact due and payable over and above the amount so paid shall continue to be a specialty debt due under the charge.

(3)

The Court shall order the amount so paid into Court to be paid to the person entitled upon the application of that person and on proof that the charge and all other necessary documents have been delivered to the person by whom the amount was so paid into Court or have been otherwise satisfactorily accounted for.

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