The law of mortgage is of course affected in many respects by the provisions of the Conveyancing and Law of Property Act, R.S.O. 1914, c. 109. Some of these provisions are discussed in later chapters in connection with particular topics (q). Of the other provisions, which do not require special discussion in a book on mortgages but which apply to mortgages, the following are set out for convenience of reference:

. 2. In this Act (r)

(a) "Conveyance" shall include assignment, appointment, lease, settlement, and other assurance, made by deed, on a sale, mortgage, demise, or settlement of any property or on any other dealing with or for any property; and

(p) In the Mortgages Act, R.S.O. 1914, c. 112, s. 2, and the Conveyancing and Law of Property Act, R.S.O. 1914, c. 109, s. 2, a mortgage is defined as including "any charge on any property for securing money or money's worth." In the latter act property is defined as including "real and personal property and any debt, and any thing in action, and any other right or interest." Even if one is at liberty to qualify the definition in the Mortgages Act by confining it to real estate, the definition is defective for the present purpose because it contains no reference to the mode of creation of the charge and would in its natural meaning include a vendor's lien or any other charge arising by implication of law or equity.

(q) As to ss. 6 and 7, relating to the effect of a receipt in the body of a conveyance or endorsed thereon, see chapter 11, Assignee of the Mortgage, Sec. 104; as to s. 28, relating to tenancy by the curtesy, see chapter 18, Dower and Curtesy in Mortgaged Land, Sec. 176; as to s. 36, relating to merger, see chapter 21, Merger, Sec. 201; as to s. 49, relating to the assignment of choses in action, see chapter 11, Assignee of the Mortgage, Sec. 102.

(r) The Mortgages Act, R.S.O. 1914, c. 112, s. 2, contains identical "convey" shall have a meaning corresponding with that of conveyance; (b) "Land" shall include messuages, tenements, hereditaments, whether corporeal or incorporeal, and any undivided share in land (s);

(c) "Mortgage" shall include any charge on property for securing money or money's worth (t);

(d) "Mortgage money" shall mean money or money's worth secured by a mortgage;

(e) "Mortgagee" shall include any person from time to time deriving title under the original mortgage;

(f) "Mortgagor" shall include any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage according to his estate, interest or right in the mortgaged property;

(g) "Property" shall include real and personal property, and any debt, and any thing in action, and any other right or interest;

(h) "Puffer" shall mean a person appointed to bid on the part of the seller; (i) "Purchaser" shall include a lessee, a mortgagee, and an intending purchaser, lessee or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and "purchase" shall have a corresponding meaning with that of purchaser; but "sale" shall mean only a sale properly so called.

3. All corporeal tenements and hereditaments shall, as regards the conveyance of the immediate freehold thereof, lie in grant as well as in livery.

definitions of the words "conveyance," "convey," "mortgage," "mortgage money," "mortgagee" and "mortgagor," and in addition provides as follows:

(b) "Encumbrance" shall include a mortgage in fee, or for a less estate, a trust for securing money, a lien, and a charge of a portion, annuity or other capital or annual sum; and "encumbrancer" shall have a meaning corresponding with that of encumbrance, and shall include every person entitled to the benefit of an encumbrance, or to require payment or discharge thereof.

(s) The Mortgages Act, s. 2, provides as follows:

(c) "Land" shall include tenements and hereditaments, corporeal or incorporeal, houses and other buildings, and also an undivided share in land.

(t) See Sec. 4, supra.

At common law corporeal hereditaments were said to lie In livery, as being transferable by delivery of possession, while incorporeal hereditaments were said to lie in grant, because a deed of grant was required to convey them, if desired to be transferred apart from the possession of anything corporeal. Since this enactment, therefore, a simple deed of grant has been sufficient for the transfer of all freehold estates in possession or corporeal hereditaments. The method so introduced of conveying freeholds by deed of grant has superseded all others in practice (u).

The word "grant" is the proper and technical term to be employed in a deed of grant (v), but its employment is not absolutely necessary; for it has been held that other words indicating an intention to grant will answer the purpose (w). In England by the Conveyancing Act of 1881 it is declared that the use of the w6rd "grant" is not necessary in order to convey tenements or hereditaments, corporeal or incorporeal.

4. A feoffment otherwise than by deed shall be void, and no feoffment shall have any tortious operation (x).

5.-(1) In a conveyance it shall not be necessary in the limi-Itation of an estate in fee simple to use the word heirs; or in the limitation of an estate in tail to use the word heirs of the body; -or in the limitation of an estate in tail male or in tail female, to use the words heirs male of the body, or heirs female of the body.

(2) For the purpose of such limitation it shall be sufficient in a conveyance to use the words in fee simple, in tail, in tail male, or in tail female, according to the limitation intended, or to use any other words sufficiently indicating the limitation intended.

(3) Where no words of limitation are used, the conveyance shall pass all the estate, right, title, interest, claim and demand, which the conveying parties have, in, to, or on the property conveyed, or expressed or intended so to be, or which they have power to convey in, to, or on the same.

(u) Williams, Real Property, 21st ed., p. 206. See also Armour, Real Property, 2nd ed., pp. 366 ff.

(v) Shep. Touch. 229.

(w) Shove v. Pincke, 1793, 5 T.R. 124; Haggerston v. Hanbury, 1826. 5 B.& C. 101. Williams, Real Property, 21st ed., p. 215.

(x) See Armour, Real Property, 2nd ed., pp. 309, 365-6; Williams, Real Property, 21st ed., pp. 149-150.

(4) Subsection 3 shall apply only if and as far as a contrary intention does not appear from the conveyance, and shall have effect subject to the terms of the conveyance and to the provisions therein contained.

(5) This section shall apply only to conveyances made after the 1st day of July, 1886.

11. An exchange or a partition of any tenements or hereditaments shall not imply any condition in law, and the word "give" or the word "grant" in a conveyance shall not imply any covenant in law, except so far as the word "give" or the word "grant" may, by force of any Act in force in Ontario, imply a grant.

13.- (1) Where by any letters patent, assurance or will, made and executed after the 1st day of July, 1834, land has been or is granted, conveyed or devised to two or more persons other than executors or trustees in fee simple, or for any less estate, it shall be considered that such persons took or take as tenants in common, and not as joint tenants, unless an intention sufficiently appears on the face of such letters patent, assurance or will, that they are to take as joint tenants.

(2) This section shall apply notwithstanding that one of such persons is the wife of another of them.

14. Where hereafter two or more persons acquire land by length of possession they shall be considered to hold as tenants in common and not as joint tenants.

15.-(1) Every conveyance of land, unless an exception is specially made therein, shall include all houses, out-houses, edifices, barns, stables, yards, gardens, orchards, commons, trees, woods, underwoods, mounds, fences, hedges, ditches, ways, waters, watercourses, lights, liberties, privileges, easements, profits, commodities, emoluments, hereditaments, and appurtenances whatsoever, to such land belonging or in anywise appertaining, or with the same demised, held, used, occupied and enjoyed or taken or known as part or parcel thereof; and if the same purports to convey an estate in fee simple, also the reversion or reversions, remainder and remainders, yearly and other rents, issues and profits of the same land and of every part and parcel thereof, and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever, of the grantor, into, out of, or upon the same land, and every part and parcel thereof, with their and every of their appurtenances (y).

(2) Except as to conveyances under former Acts relating to

(y) As to a grant or reservation of "mining rights," see ss. 16-19 of the same statute.