The short form of bar of dower in mortgages in common use in Ontario is that provided by the Short Forms of Mort- gages Act (l) as follows:

And the said wife of the said mortgagor hereby bars her dower in the said lands.

If the mortgage is expressed to be made in pursuance of the statute, a bar of dower in the foregoing form has the same effect as if it were in the following terms (m):

And the said wife of the said mortgagor for and in consideration of the sum of one dollar.of lawful money of Canada, to her in hand paid by the said mortgagee at or before the sealing or delivery of these presents, the receipt whereof is hereby acknowledged, hath granted and released, and by these presents doth grant and release unto the said mortgagee, his heirs, executors, administrators and assigns, all her dower, and right and title which, in the event of her surviving her said husband, she might or would have to dower, in, to, or Out of the lands and premises hereby conveyed or intended so to be.

Dower may also be barred by deed made by the wife alone

It is provided by the Married Woman's Conveyances Act, R.S.O. 1914, c. 150, ss. 5 and 6, as follows:

5. Where a conveyance to a purchaser for value purporting to bar or release dower in any land was before the 5th day of May,

(l) R.S.O. 1914, c. 117, schedule B, clause 1. (m) See chapter 35, Short Forms of Mortgages Act, Sec. 381. (n) See the Married Woman's Conveyances Act, R.S.O. 1914, c. 150, s. 3, quoted in chapter 2, Mortgage at Common Law, Sec. 16.

1894, executed by a wife entitled to an inchoate right of dower, and such wife was at the time of such execution under age, but the purchaser had at or before the execution of the conveyance and payment of the purchase money no notice that she was under age, the conveyance shall be effectual to bar her dower unless prior to the 1st day of January, 1899, she had brought an action for dower or had given to the owner of the land written notice of her claim to dower by reason of her minority; but nothing in this section shall affect any conveyance which prior to the 31st day of December, 1897, became valid under the Act passed in the fifty-ninth year of the reign of Her late Majesty Queen Victoria intituled An Act relating to Dower in Certain Cases.

6. Subject to the provisions of The Land Titles Act a married woman, under twenty-one years of age, of sound mind, might on and since the 5th day of May, 1894, have barred and hereafter may bar her dower in any land by joining with her husband in a deed or conveyance thereof to a purchaser for value, or to a mortgagee, in which deed or conveyance a release or bar of her dower is contained, and she may in like manner release her dower to any person to whom such land has been previously conveyed.

It is provided by the Dower Act, R.S.O. 1914. c. 70, ss. 9, 13 to 20, as follows:

9. Where a wife willingly leaves her husband and goes away, and continues with her adulterer, she shall be barred forever of her action to demand her dower that she ought to have of her husband's land, unless her husband willingly and without coercion be reconciled to her, and suffer her to dwell with him; in which case she shall be restored to her action. 13 Ed. I. (St. of Westminster 2nd), c. 34 (o).

18. Where a person whose wife is a lunatic and confined as such in a provincial hospital for the insane in Ontario, has heretofore, while his wife was so confined, become the owner of land or hereafter while she is so confined becomes the owner of land, he may sell and convey or mortgage such land, freed and discharged of any claim of his wife for dower therein, but no such conveyance or mortgage shall be made after the discharge of his wife from the hospital.

14.- (1) Where the wife of an owner of land

(a) has been living apart from him for two years under such circumstances as disentitle her to alimony (p); or

(o) Cf. s. 14, infra.

(p) See re Tolhurst, 1906, 12 O.L.R. 45; Re S., 1907, 14 O.L.R. 536, and cases cited.

(b) is a lunatic or of unsound mind and confined as such in a hospital for the insane, and such owner is desirous of selling or mortgaging the land free from dower, a Judge of the Supreme Court, or a Judge of the county or district court of the county or district in which such owner resides, on application by him may, by an order to be made in a summary way, upon such evidence as to the Judge may seem meet, and upon notice to be served personally unless the Judge otherwise directs, dispense with the concurrence of the wife for the purpose of barring her dower.

(2) The Judge shall, unless the wife has been so living apart from her husband under such circumstances as disentitle her to dower, ascertain and state in the order the value of such dower, and shall by the order direct that the amount thereof shall remain a charge upon the land or be secured otherwise for the benefit of the wife or be paid or applied for her benefit as he may deem best.

(3) After the making of the order a conveyance or mortgage by the owner, expressed to be free from his wife's dower, shall, subject to the terms and conditions mentioned in the order, be sufficient to bar her right thereto.

(4) This section shall extend to any case in which an agreement for sale has been made, or a conveyance executed by the husband, and part of the purchase money retained by the purchaser on account of dower or an indemnity given against such dower, and in any such case the application may be made by any person interested in the land, the purchase money retained, or the indemnity.

(5) Where the wife is an infant or a person of unsound mind notice of the application shall be served on the Official Guardian, except where such person is confined in any provincial hospital for the insane, in which case the notice shall be served on the Inspector of Prisons and Public Charities.

(6) On every such application the Judge shall be entitled to his own use to a fee of $5, and no other fee or charge of any kind shall be payable in respect thereof, except that for filing the affidavits and papers the proper officer shall charge the same fees as for filing papers in other cases, which in the Supreme Court shall be paid in law stamps.