Sec. 381. Short forms provided by statute, p. 731.

Sec. 382. Schedule A, p. 732.

Sec. 383. Schedule B, p. 733.

Sec. 384. Implied covenants, p. 738.

Sec. 381. Short forms provided by statute

R.S.O. 1914, c 117, provides as follows:

1. This Act may be cited as The Short Forms of Mortgages Act.

2. In this Act,

(a) "Land" shall include freehold tenements and hereditaments, whether corporeal or incorporeal, and any undivided part or share therein;

(b) "Party" and "Parties" shall include a body politic or corporate as well as an individual.

3.- (1) Where a mortgage of land, made according to the form set forth in Schedule A, or any other mortgage of land expressed to be made in pursuance of this Act, or referring thereto, contains any of the forms of words contained in Column One of Schedule B, and distinguished by any number therein, such mortgage shall have the same effect as if it contained the form of words in Column Two of Schedule B, distinguished by the same number as is annexed to the form of words used in such mortgage; but it shall not be necessary in any such mortgage to insert any such number.

(2) Where a blank occurs in any of the forms in Column Two, such form shall be read as if it were filled in with the words which supply the place of the blank in the coresponding form in Column One.

4.- (1) Parties who use any of the forms in the first column of Schedule B may substitute for the words "Mortgagor" or "Mortgagee,"' any name or other designation; and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.

(2) Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column; and coresponding changes shall be taken to be made in the corresponding forms in the second column.

(3) Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or other express qualifications thereof respectively; and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column (a).

5. Any such mortgage or part of such mortgage, which fails to take effect by virtue of this Act shall nevertheless be as effectual to bind the parties thereto, as if this Act had not been passed.

It is provided by the Land Titles Act, R.S.O. 1914, c. 126, s. 31, sub-s. 2, as follows:

31.- (2) Where a charge, whether or not under seal, is expressed to be made in pursuance of The Short Forms of Mortgages Act, or refers thereto, and contains any form of words contained in clauses numbered 1, 2, 3, 7, 8, 12, 14, 15 or 16 of Column One of Schedule B to that Act, whether expressed in the first or third person, such words shall have the same meaning and effect as the words under the corresponding number in Column Two in that schedule; and the provisions of that Act shall apply to the charge.

Provision is made by the Land Titles Acts in force in Saskatchewan, Alberta and the Northwest Territories for the use of short forms of covenants (b), but the language of the forms is frequently inappropriate to mortgages under the land titles system (c).