WM. PRESTON LANE, JR., GOVERNOR 239

gagee or Ms assignee, or his legal representative, or for Ms
benefit or account.

10. Upon a sale of such mortgaged property, any person
claiming an interest in the equity of redemption may apply
to the court confirming the sale to have the surplus of the
proceeds of sale, after payment to the mortgagee of his claim
and expenses, paid over to such person, or so much thereof
as will satisfy his claim, and the court shall distribute such
surplus equitably among the claimants thereto.

11. All mortgage sales shall be made in the county or city
where the mortgaged property is situated; and where the
mortgaged property described in any mortgage is located
in more than one county or city the sale may be made in
either place in which some portion of the said property is
located.

12. In all mortgages heretofore given or hereafter given
wherein there is inserted a clause authorising the mortgagee
or any other person named, or to be named therein, to sell
the mortgaged property upon such terms and on such con-
tingency as may be expressed' therein, the power of sale
therein contained shall not be exercised except by and with
the consent of the record holders of not less than 25% of the
entire unpaid mortgage debt secured by the mortgage sought
to be foreclosed, and, likewise, in any case submitted to a
court of equity for the passage of a decree, as provided for
in the preceding Section 7 hereof, no such decree shall be
passed unless the application therefor is made- or concurred
in by the record holders of not less than 25% of the en-
tire unpaid mortgage debt; it being hereby declared to be the
intent of this section that the holder or holders of a frac-
tional interest in an entire mortgage debt of less than 25%
of the entire interest shall not have recourse to the summary
and ex parte remedies given under said Sections 6 and 7 of
this Article. Where any holder of a fractional interest in
an entire mortgage debt is an infant or otherwise incompe-
tent, such consent may be given by his guardian or commit-
tee, as the case may be, or if there be no such guardian or
committee, then such consent may be given by his next friend,
and any consent so given shall be- as valid and effective, for
the purpose of this section, as if such holder were not under
any disability.

13. Any entry on the docket of the court by the person
entitled to assign the said mortgage claim, of the use and
benefit of any decree passed as aforesaid, shall have the same