78Power to mortgagee or annuitant to enter into possession or bring ejectment

78 Power to mortgagee or annuitant to enter into possession or bring ejectment (1) The mortgagee or annuitant upon default in payment of the principal sum or interest or annuity or any part thereof respectively at the due time— (a) may enter into possession of the mortgaged or charged land by receiving the rents and profits thereof; or (b) may bring an action of ejectment to recover the land, either before or after entering into the receipt of the rents and profits and either before or after any sale of the land as aforesaid. (2) A mortgagee of or annuitant upon leasehold land after entering into possession of the land or the receipt of the rents and profits thereof shall, during such possession or receipt and to the extent of any benefit rents and profits which are received, be subject to and liable for the payment of the rent reserved and the performance and observance of the covenants contained or implied in the lease on the part of the lessee. Nos 5842 s. 79, 5934 s. 6.