The Manitoba, Saskatchewan and Alberta statutes (f) contain substantially similar provisions for sale and foreclosure in the land titles office under the direction of the registrar. For the purpose of comparison the relevant provisions of the Saskatchewan statute are quoted verbatim.

S. 108 of the Saskatchewan statute (g) provides that after default under a mortgage for one calendar month or for such longer time as may be expressly limited for the purpose, and subject to the other requirements of the section, a mortgagee may enter into possession of the lands and make leases. Previous notice in writing must be registered and served upon persons appearing to have subsequent mortgages, encumbrances or liens.

(d) Richards v. Thompson, 1911, 4 S.L.R. 213.

(e) Saltman v. McColl, 1910, 19 M.R. 456.

(f) The references are to the Real Property Act, being R.S.M. 1913, c. 171, the Land Titles Act, 1917, being Sask. statutes, 1917 (2nd sess.), c. 18, and the Land Titles Act, being Alta. statutes, 1906, C? 24.

(g) Quoted in chapter 22, Action for Possession, Sec. 217, with references to the corresponding provisions in Manitoba (s. 118) and Alberta (sub-ss. 1, 2, 3, 4, 5 of s. 62a, as enacted by 1915, c. 3, s. 2). The sections in question refer also to an encumbrance and an "en-cumbrancee." As to the latter word see the next following note. As to the definition of an encumbrance see chapter 10, The Land Titles Acts, Sec. 93.

It is also provided by this section and by the corresponding provision in the Manitoba statute that the mortgagee may by such notice require payment or observance of the covenants, within a time specified in the notice and notify the persons entitled "that all remedies competent will be enforced unless such default be remedied." Under the Alberta statute the notice ' shall contain a statement that in case default continues for the further space of two calendar months from the date of service of the notice, the mortgaged lands may be sold under the provisions of The Land Titles Act," and "may also declare the intention of the mortgagee or encumbrancee (h) to make an application for foreclosure as hereinafter provided in case a sale of the lands by public auction shall prove abortive, and in case default in payment of the principal or interest secured by the mortgage or encumbrance shall be continued for six months after the time for payment mentioned in the mortgage or encumbrance."

The Saskatchewan statute, s. 109, is as follows:

109. Upon such default in payment or in the observance of any covenant continuing for the further space of two calendar months from the date of service of such notice, the mortgagee or encumbrancee may, pursuant to any power of sale contained in the mortgage or encumbrance, sell the land or any part thereof and all the estate and interest therein of the mortgagor or encumbrancer and of the other interested parties referred to in the last preceding section, at such time and in such manner as the registrar may direct, and either altogether or in lots, by public or private contract or by such modes of sale and subject to such terms and conditions as to expenses or otherwise as the registrar may think fit.

(h) In ordinary parlance an "encumbrancer" means a person who holds an encumbrance and in Sec. Sec. 231 to. 245, supra, the word is used with this meaning, but in the Real Property Act of Manitoba and in the Land Titles Acts of Saskatchewan and Alberta the English language is tampered with to the extent that an "encumbrancer" is defined as meaning the owner of land subject to an encumbrance and the word "encumbrancee" is coined for the occasion and is defined as meaning the owner of an encumbrance.

The Manitoba and Alberta statutes (i) omit the words "pursuant to any power of sale contained in the mortgage or encumbrance." Whereas in Manitoba and Alberta a mortgagee may exercise the statutory power of sale whether the mortgage contains an express power of sale or not, in Saskatchewan it would seem that if the mortgage contains no express power of sale the mortgagee is not entitled to exercise the statutory power of sale, and consequently is not entitled to avail himself of the provisions for foreclosure in the registrar's office (j), but is obliged to resort to the court for foreclosure or sale under the provisions of s. 107 (k). The value of an express power of sale in Saskatchewan would seem to consist merely in the fact that its existence renders available to the mortgagee the statutory power of sale. It would appear to be useless to insert special provisions enlarging the mortgagee 's power of sale beyond that conferred by the statute, although the mortgagee would doubtless be bound by any special terms limiting his right to exercise the power. In Manitoba or Alberta an express power of sale would appear to be useless for any purpose (l), subject, in the case of Manitoba, to the statutory provisions presently to be noted as to sale without notice.

The Alberta statute also makes the power of sale "subject to the rights of any person having any estate, right or interest therein having priority to the mortgage or encumbrance," a provision which presumably is implied in the Manitoba and Saskatchewan statutes.

(i) Man. s. 119; Alta. s. 62a, sub-s. 6, as enacted by 1917, c. 3, s. 40.

(j) Because an abortive sale under the supervision of the registrar is a condition precedent to an application to the registrar for foreclosure. See Sec. 248, infra.

(k) Quoted in Sec. 246, supra.

(l) See chapter 31, Sale under Power of Sale, Sec. 345.

The Manitoba statute provides for sale in ease the default continues for a further period of "one calendar month," instead of two calendar months as in the Saskatchewan and Alberta statutes, and adds:

"Provided that if the mortgage or encumbrance contains a provision that the sale may take place without any notice being served on any of the parties, the district registrar may order such sale to take place accordingly."