(d) The expression "mortgage" means and includes any charge on land created for securing a debt or loan or any hypothecation of such charge.

(g) The expression "encumbrance" means and includes any charge or lien on land other than a mortgage or any hypothecation of such charge or lien.

(p) Gibbs v. Messer, [1891] A.C. 248; Re Adams and McFar-land, 1914, 20 D.L.R. 293. So if a forged transfer is made to a fictitious transferee and registered and then a forged mortgage is made in the fictitious name to the mortgagee in good faith and for value, the mortgagee gets no protection from the statute as against the true owner. Gibbs v. Messer, supra.

(q) Gibbs v. Messer, supra; Assets Company v. Mere Roihi, [1905] A.C. 177, at pp. 204, 211; Brown v. Broughton, 1915, 25 M.R. 489, 24 D.L.R. 244.

(r) R.S.M. 1913, c. 171, s. 2.

The Saskatchewan Land Titles Act, 1917 (s), provides:

5. "Mortgage" means a charge on land created for securing a debt or a loan, or an hypothecation of such charge.

7. "Encumbrance" means a charge on land created or effected for any purpose whatever, inclusive of mortgages, mechanics' liens and executions against lands.

The Alberta Land Titles Act (t) provides:

(e) The expression "mortgage" means any charge on land created merely for securing a debt or loan.

(fir) The expression "encumbrance" means any charge on land created or affected for any purpose whatever, inclusive of mortgage, mechanics' lien, when authorized by statute or ordinance, and executions against lands, unless expressly distinguished.

The British Columbia Land Registry Act (u) provides:

"Charge" means and shall include any less estate than an absolute fee, or any equitable interest whatever in real estate, and shall include any encumbrance, Crown debt, judgment, mortgage, or claim to or upon any real estate.

In the Ontario Land Titles Act (uu) the term "charge" is used but is not defined.

(s) Statutes of 1917 (2nd sess.), c. 18, s. 2. For the sake of uniformity liberty has been taken with the text of some of the statutes to the extent of substituting "encumbrance" for "incumbrance." It is to be noted that the legislatures which enacted the Manitoba, Saskatchewan, Alberta and Northwest Territories statutes have not scrupled to tamper with the English language by enacting that "encumbrancer" means the owner of land subject to an encumbrance and by inventing a new word "encumbrancee" to express the person who in ordinary parlance is known as an encumbrancer. For the definition of "encumbrance" and "encumbrancer" in the Ontario Mortgages Act, see chapter 1, Introductory, Sec. 5.

(t) Statutes of 1906, c. 24, s. 2. The Land Titles Act in force in the Northwest Territories contains similar definitions: R.S.C. 1906, c. 110, s. 2. This dominion statute is hereinafter, for convenience, referred to as the Northwest Territories statute.

(u) R.S.B.C. 1911, c. 127, s. 2. "Absolute fee" is defined as meaning and comprising the legal ownership of an estate in fee simple. "An indefeasible fee" is defined as meaning an estate in fee simple held under a good safe-holding and marketable title.

(uu) R.S.O. 1914, c. 126.

Under the statutes above mentioned other than that of British Columbia simple forms of mortgages or charges are prescribed (v).

The form of charge prescribed by the rules made under the Ontario statutes is as follows:

I, A.B., the registered owner of the land entered in the office of land titles at--------------as parcel-----------in the register for----------- in consideration of ($2,000) paid to me, charge such land with the payment to CD., of etc., on the--------------day of-----------19-, of the principal sum of ($2,000) with interest at the rate of-----------per cent, per annum, and with a power of sale to be exercised after default and-----------month's subsequent notice of the intention to sell (or as the case may be) (add any covenants which are agreed to and are not implied under the Act or otherwise.)

I, E.B., wife of the said A.B., hereby bar my dower in the said land.

This charge is made in pursuance to The Short Forms of Mortgages Act, (where it is desired that the covenants, etc., should operate under that Act.) (w)

Dated-----------------day of-----------19------.

Witness, (Signature of A.B. and E.B.)

X.Y. . (No seal necessary).

Note.- If no interest is payable, or no power of sale given, substitute the words "without interest" or "without power of sale," as the case may be.

The Alberta form of mortgage (form N) is as follows:

I, A.B., being registered as owner of an estate (here state nature of interest), subject, however, to such encumbrances, liens and interests as are notified by memorandum underwritten (or endorsed hereon) of that piece of land (description), part of------section------, township------, range------, (or as the case may be) containing------ acres, be the same more or less (here state rights of way, privileges, easements, if any, intended to be conveyed along with the land, and if the land dealt with contains all included in the original grants refer thereto for description of parcels and diagrams; otherwise set forth the boundaries and accompany the description by a diagram), in consideration of the sum of------dollars lent me by E. F. (here insert description), the receipt of which sum I do hereby acknowledge, covenant with the said E. F.:

(v) Man. s. 107; Sask. s. 98; Alta. s. 60; N.W.T. s. 94; Ont. s. 30. The forms do not contemplate execution under seal. B.C. s. 51, and Ont. s. 102, expressly provide that a transfer or charge may be duly made by instrument not under seal, the Ontario statute adding "and if so made the instrument and every agreement, stipulation and condition therein shall have the same effect for all purposes as if it were made under seal." If a mortgage under the other statutes is in fact executed under seal the debt is a specialty. Toronto General Trusts Corporation v. The King, 1917, 56 Can. S.C.R. 26. It is a common practice to insert many special covenants.