It is provided by the Registry Act, R..S.O. 1914, c. 124, s. 68, as follows:

68.- (1) Where a sheriff, bailiff of a Division Court or other officer, under a writ or warrant of execution against goods, seizes a mortgage belonging to the person against whose goods the writ or warrant has issued, on or affecting land in Ontario, the payment of the mortgage money in whole or in part to the sheriff, bailiff or other officer by the mortgagor or any other person or any person claiming under him, shall satisfy the mortgage to the extent of such payment.

(2) After payment of the mortgage money or any part thereof, the sheriff, bailiff or other officer shall, at the request and expense of the person requiring the same, give a certificate, Form 11, under the hand and seal of office of the sheriff or other officer, or under the hand of the bailiff and the seal of the court of which he is bailiff.

(3) Upon the written request of the bailiff the clerk of the court shall affix to the certificate the seal of the court; and he shall file the request of the bailiff in his office.

(4) The execution of the certificate shall be proved in the same manner as in the case of other instruments affecting land, and the certificate shall be registered in the same manner as other certi-cates of discharge.

(5) The certificate when registered, if the same is of payment in full of the mortgage, shall be as valid and as effectual in law as a release of the mortgage and as a conveyance to the mortgagor, his neirs, executors, administrators or assigns, or any person lawfully claiming by, through or under him or them, of the original estate of the mortgagor as if executed by the execution debtor (g).

(f) Keenan v. Osborne, 1904, 7 O.L.R. 134.

(6) The certificate when registered, if the same is of payment of only a part of the mortgage money, shall be as valid and effectual in law as a release of the mortgage as to such part, as if executed by the execution debtor.

(7) Where a mortgage has been seized by a sheriff or bailiff of the Division Court or other officer in the manner provided by law, and such seizure has been withdrawn, vacated or for any other reason set aside, the sheriff, bailiff or other officer under whose hand notice of seizure has issued, may give a certificate directed to the registrar in whose office the notice of seizure is registered, to the effect that such seizure has been withdrawn, vacated or set aside as the case may be, and such certificate shall be registered in the registry office in the same manner and for the same fee as a discharge of mortgage (h).

Form 11 above referred to is as follows:

To the Registrar of the Registry Division of I, A. B., of sheriff of the County (or District) of [or Bailiff of the (number) Division Court of the County (or District) of ] do certify that by virtue of an execution wherein C. D. is plaintiff and E. F. defendant, issued out of the Supreme Court (or as the case may be) and to me directed, I seized a certain mortgage made by one T. H. of (as described in the mortgage) bearing date the day of

19 , and registered at of the clock in the noon, of the day of in Book for as Nb. . to E. F. of (as described in the mortgage), the defendant in the said execution named, and such mortgage has not been assigned (or has been assigned to the defendant: here set out date and date of registration of assignment) and I do further certify that I have received from the said mortgagor (or from the executors, administrators or assigns of the said mortgagor, as the case may be), the full amount of said mortgage (or $ part of the mortgage money), and that such mortgage is therefore discharged (or that such mortgage is as to $ part of the money thereby payable, discharged).

As witness my hand and seal of office (or the seal of the said court) this day of 19 (Witness ) A. B.

(g) As to the effect of a discharge of mortgage, when registered, see chapter 19, Discharge or Reconveyance, Sec. 184.

(h) Sub-s. 7 was added in 1918 by 8 G. 5, c. 27, s. 9.