This section is from the book "The Law Of Mortgages Of Real Estate", by John Delatre Falconbridge. Also available from Amazon: Real Estate Law.
Sec. 71. Registration of instruments in Ontario, p. 106.
Sec. 72. Effect of not registering, p. 109.
Sec. 73. Effect of registration as notice, p. 113.
Sec. 74. Priority of registration, p. 117.
Sec. 75. Unregistered equitable claims, p. 119.
Sec. 76. Subsequent advances under prior mortgage, p. 122.
Sec. 77. Effect of Registry Act on priorities, p. 125.
Sec. 78. Subrogation of person paying prior mortgage, p. 128.
Sec. 79. Mechanics liens, p. 130.
The Registry Act, R.S.O. 1914, c. 124, contains the following provisions:
2. In this Act,
(d) "Instrument" shall include every Crown grant, and Order in Council of the Dominion and of Ontario, every deed, conveyance, mortgage, assignment of mortgage, certificate of discharge of mortgage, assurance, lease, bond, release, discharge, power of attorney, under which any such instrument is executed, every bond or agreement for the sale or purchase of land, will, probate of will, grant of administration, caution under the Devolution of Estates Act or renewal thereof, municipal by-law, certificate of proceedings in any Court, judgment or order of foreclosure and every other certificate of judgment or order of any Court affecting any interest or title to land, and certificate of amalgamation of loan corporations, every certificate of payment of taxes, granted under the corporate seal of the county, city or town by the treasurer, every sheriff's and treasurer's deed of land sold by virtue of his office, every contract in writing, every order and proceeding in lunacy, bankruptcy, and insolvency, every plan of a survey or subdivision of land, and every other instrument whereby land may be transferred, disposed of, charged, encumbered, or affected in any wise, affecting land in Ontario.
S3. Except as herein otherwise provided, and subject to the provisions of the next following section, all instruments mentioned in section 2 may be registered.
34. [Sub-ss. (1) to (6) provide for the registration of instruments without local description of the lands affected].
(7) Except mortgages, encumbrances or liens, made or given by the original nominee of the Crown or any person through whom a person obtaining letters patent for land derived title, no instrument affecting unpatented land shall be registered.
35.-(1) An instrument other than a will, grant from the Crown, Order in Council, by-law or other instrument under the seal of any corporation, certificate of judicial proceedings or an instrument which may be registered by deposit of a certified copy shall not be registered unless accompanied by an affidavit, Form 5, of a subscribing witness, not being a party to the instrument, as to the execution of the instrument by each party who appears to have executed the same, setting forth the name, place of residence, addition, occupation or calling of the witness, and deposing to-
(a) The execution of the original and of the duplicate, if any, by the party to whose execution thereof he is a witness; (b) The place of execution by such party;
(c) That he knows that the person who executed the instrument in his presence is the party to the instrument as to whose execution thereof he deposes;
(d) That he is subscribing witness to the instrument.
(2) The affidavit shall be made on or securely attached to the instrument.
(3) An instrument may be registered notwithstanding that the Christian name or names of the subscribing witness making the affidavit is or are only set forth therein by initials or abbreviation, and not in full.
(4) The proof of the execution of an instrument made before the first day of September, 1910, which was sufficient proof for registration before that day, shall be sufficient proof for registration under the provisions of this Act.
36. An instrument, not purporting to convey the land therein mentioned, but which in its nature is, or purports to be, given as a security for the payment of a debt or liability incurred by the person executing the same in respect of a purchase or delivery of any goods or in respect of an advance or loan of money, shall not be registered unless the affidavit of execution, Form 6, states that the instrument was read over and explained to the person executing the same, and that he appeared perfectly to understand the same, and was informed that it might be registered as an encumbrance on his land (a).
(a) An instrument of the kind mentioned in s. 36 is an equitable mortgage. As to the necessity for registration of equitable
47. - (1) Unless otherwise provided, every instrument which may be registered under this Act shall be registered upon and by delivery to and deposit with the registrar of the instrument or of a duplicate or other original part thereof with all necessary affidavits, and, unless otherwise provided, every such instrument shall be recorded at full length in the proper book, including every certificate and affidavit accompanying it, except registrar's certificates.
(2) The registrar shall not be bound to receive for registration or to register an instrument unless the proper fees are first paid.
48. - (1) When a mortgage has endorsed upon it the words "not to be recorded in full," the mortgage shall not be copied into the registry book.
(2) The mortgage shall be numbered as other instruments are required to be numbered in the registry book in its proper order, and the marginal note made as required by section 53, and the registrar shall at the time of the registration enter opposite the number in the registry book the words "Mortgage not recorded in full" and shall also give the date and names of the parties to the mortgage, [the amount secured, the rate of interest, the amount and dates of payment set out in the proviso for redemption, the time for which the mortgage is to run and such a description of the land therein mentioned as will readily identify the location.] (b)
(3) The fee payable for registration not including more than four distinct parcels of land, having a separate heading in the abstract index, shall be $1.50 (c), and for each additional parcel requiring entry to be made under a separate heading in the abstract index, five cents.
(4) Where the mortgage embraces two or more parcels of land situate in different municipalities in the same registry division, there shall be paid a further fee of twenty-five cents for each municipality after the first.
(5) After the registration of the mortgage, the registrar, upon the application of any person claiming to be interested in the mortgaged land, and upon payment of the prescribed fees, less the amount already paid for registration, shall cause such mortgage to be recorded in full in the registry book (d).
(6) The registrar shall indicate in the abstract index in the mortgages, see Sec. 75, infra. As to equitable mortgages generally, see chapter 5.
(b) The words enclosed within square brackets were added in 1916 by the statute 6 G-. 5, c. 24, s. 20.
(c) In 1918 by 8 G. 5, c. 27, s. 5, the fee payable was changed from $1 to $1.50.
(d) The fees payable to a registrar when documents are "recorded in full" are provided for by s. 92 of the statute. In 1918 by case of the registration of a mortgage endorsed "Not to be recorded in full," that the same has not been recorded in full, and where it has afterwards been recorded in full under the provisions of subsection 5, the registrar shall note in the abstract index opposite the entry, "subsequently recorded in full," giving the date of recording and the number and page of the registry book.
(7) In this section the word "mortgagee" shall include the assignee of a mortgage and a person obtaining any security coming within the terms of section 36, and the word "mortgage" shall include an assignment of a mortgage and an agreement to extend the time for payment of a mortgage or any such security.
58. [This section provides for registration of notices of exercising the power of sale contained in a mortgage.] (e)
59. The registration of an instrument executed before the 1st day of January, 1866, may be made through a memorial or by certificate or otherwise, as provided by the law in force before that date.
62 to 69. [These sections provide for the registration of discharges of mortgage.] (f)
 
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