Judges of under this If no such order is in force. Witnesses. Other remedies of landlords saved. Act limited to 6. The judges of the superior courts of common law for Upper Canada may, from time to time, make such orders respecting costs in cases under this Act as to them may seem just; and the county judge before whom any such case is brought may, in his discretion, award costs therein, according to any such order then in force, and if no such order is in force, reasonable costs, in his discretion, to the party entitled thereto; and execution may issue out of the county court for such costs as in other cases in the county court. 7. The county judge may cause any person to be summoned as a witness to attend before him in any such case, in like manner as witnesses are summoned in other cases in the county court, and under like penalties for non-attendance, or refusing to answer, or wilfully swearing or affirming falsely in such case. 8. Nothing herein contained shall prevent any landlord from proceeding under the sixty-third and ten next following sections of the Act respecting ejectment, chapter twenty-seven of the Consolidated Statutes for Upper Canada, if he thinks it advisable to proceed under the said sections, or shall in any way affect the powers of any judge or judges of the superior courts under the same, or shall prejudice or affect any other right of action or remedy which landlords may possess in any of the cases herein provided for. 9. This Act is a Public Act, and shall apply to Upper Canada only. Preamble. Where words of the second mortgage to have the same effect as if the CAP. XXXI. An Act respecting short forms of Mortgages in Upper follows: 1. When a mortgage of real property in Upper Canada, of column one made according to the forms set forth in the first schedule to Schedule are this Act, or any other such mortgage expressed to be made in employed, the pursuance of this Act, or referring thereto, contains any of the forms or words contained in column one of the second schedule to this Act, and distinguished by any number therein, such mortgage shall be taken to have the same effect, and be construed as if it contained the form of words contained in column two of the same schedule, and distinguished by the same number as is annexed to the form of words used in such mortgage; but it shall not be necessary in any such mortgage to insert any such number. words in column two were inserted. 2. Any such mortgage or part of such mortgage which fails Mortgages not to take effect by virtue of this Act shall, nevertheless, be as taking effect effectual to bind the parties thereto, so far as the rules of law Act, how far and equity will permit, as if this Act had not been made. under this valid. grantor. 3. Every such mortgage, unless an exception be specially Mortgage to made therein, shall be held and construed to include all include all houses, out-houses, edifices, barns, stables, yards, gardens, and the rever houses, &c., orchards, commons, trees, woods, under-woods, mounds, sion, and all fences, hedges, ditches, ways, waters, water-courses, lights, the estate, liberties, privileges, easements, profits, commodities, emolu- &c., of the ments, hereditaments and appurtenances whatsoever to the lands therein comprised belonging, or in any wise 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, also the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of the same lands, and of every part and parcel thereof; and all the estate, right, title, interest, inheritance, use, trust, property, profit, possession, claim and demand whatsoever at law and in equity of the grantor in, to, out of or upon the same lands and every part and parcel thereof, with their and every of their appurtenances, subject always to the reservations, limitations, provisos and conditions, contained in the grant of such lands from the Crown. 4. In the construction of this Act and schedules thereto, Construction of words unless there be something in the subject or context repugnant "land" and to such construction the word "lands" shall extend to all " "party." freehold tenements and hereditaments whether corporeal or incorporeal or any undivided part or share therein respectively; and the word "party" shall mean and include any body politic, corporate, or collegiate, as well as an individual. under this 5. In taxing any bill for preparing and executing any Remuneration mortgage under this Act, the taxing officer, in estimating the for mortgage proper sum to be charged therefor, shall consider not the length Act not to be of such mortgage, but the skill and labor employed, and res- taxed accordponsibility incurred in the preparation thereof. ing to length only. 6. The schedules and the directions and forms therein Schedules, contained, shall be deemed parts of this Act. &c., to form part of Act. in pursuance of the Act respecting short forms of mortgages, between (here insert names names of parties and recituls, if any,) witnesseth, that in consideration of of lawful money of Canada, now paid by the said (Mortgagee or Mortgagees) to the said (Mortgagor or Mortgagors,) the receipt whereof is hereby acknowledged, the said (Mortgagor or Mortgagors) doth (or do) grant and mortgage unto the said (Mortgagee or Mortgagees) his (her or their) heirs and assigns for ever, all (parcels) (here insert provisos, covenants or other provisions.) In witness whereof the said parties hereto have hereunto set their hands and seals. THE SECOND SCHEDULE. Directions as to the forms in this schedule, in cases of mortgage of real property: 1. Parties who use any of the forms in the first column of this schedule, may substitute for the words " Mortgagor or Mortgagors," or "Mortgagee or Mortgagees," any name or names; and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column. 2. Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in any of the forms in the first column of this schedule; and corresponding changes shall be taken to be made in the corresponding forms in the second column. 3. Such parties may introduce into, or annex to any of the forms in the first column, any express exceptions from or other express qualifications thereof respectively; and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column. 1. And the said (A. B.) wife of the 1. And the said (A. B.) wife of the said Mortgagor hereby bars her dower said Mortgagor, for and in considerain the said lands, tion of the sum of 2. PROVIDED.-This mortgage to be 2. Provided always, and these prevoid on payment of (amount of prin-sents are upon this express condition, cipal money) of lawful money of Ca- that if the said Mortgagor, his heirs, nada, with interest at (rate of inter- executors, administrators or assigns, est) per cent. as follows: (terms of or any of them, do and shall, well payment of principal and interest) and truly pay or cause to be paid unto and taxes and performance of Statute the said Mortgagee, his executors, labor. 3. The said Mortgagor covenants with the said Mortgagee. administrators or assigns, the just and full sum of (amount of principal money) of lawful money of Canada, with interest thereon, at the rate of (rate of interest) per cent. per annum on the day and time, and in manner following, that is to say (terms of payment of principal and interest) without any deduction, defalcation or abatement out of the same, for, or in respect of any taxes, rates, levies, charges, rents, assessments, statute labor or other impositions whatsoever already rated, charged, assessed or imposed, or hereafter to be rated charged, assessed or imposed by authority of Parliament or otherwise howsoever, on the said lands and tenements, hereditaments, and premises, with the appurtenances, or on the said Mortgagee, his heirs, executors, administrators or assigns, in respect of the said premises, or of the said money or interest, or any other matter or thing relating to these presents, and until such default as aforesaid, shall and will, well and truly pay, do and perform or cause or procure to be paid, done and performed all matters and things in this proviso hereinbefore set forth, then these presents, and everything in the same contained, shall be absolutely null and void. 3. And the said Mortgagor doth hereby for himself, his heirs, executors and administrators, covenant, promise and agree to and with the said mortgagee, his heirs and assigns, in manner following, that is to say: 4. That the Mortgagor will pay the 4. That the said Mortgagor, his mortgage money and interest, observe the above proviso. and heirs, executors, administrators or some or one of them shall, and will well and truly pay or cause to be paid unto the said mortgagee, his heirs, executors, administrators or assigns, the said sum of money in the above proviso mentioned, with interest for the same as aforesaid, at the day and time and in manner above limited for payment thereof, and shall and will in everything, well, faithfully and truly do, observe, perform, fulfil and keep COLUMN ONE. 5. That the Mortgagor has a good title in fee simple to the said lands. COLUMN TWO. keep all and singular the provisions, agreements and stipulations in the said above proviso particularly set forth, according to the true intent and meaning of these presents, and of the said above proviso. 5. And also, that the said Mortgagor at the time of the sealing and delivery hereof is, and stands solely, rightfully and lawfully seized of a good, sure, perfect, absolute and indefeasible estate of inheritance, in fee simple of and in the lands, tenements, hereditaments, and all and singular other the premises hereinbefore described, with their and every of their appurtenances, and of and in every part and parcel thereof, without any manner of trusts, reservations, limitations, provisos or conditions, except those contained in the original grant thereof from the Crown or any other matter or thing to alter, charge, change, incumber or defeat the same. 6. And that he has the right to 6. And also, that the said Mortconvey the said lands to the said gagor now hath in himself good right, grantee. full power and lawful and absolute authority to convey the said lands, tenements, hereditaments, and all and singular other the premises hereby conveyed or herein before mentioned or intended so to be, with their and every of their appurtenances unto the said mortgagee, his heirs and assigns, in manner aforesaid, and according to the true intent and meaning of these presents. 7. And that on default the Mort 7. And also, that from and after gagee shall have quiet possession of default shall happen to be made of or the said lands. in the payment of the said sum of money in the said above proviso mentioned, or the interest thereof, or any part thereof, or of or in the doing, observing, performing, fulfilling or keeping of some one or more of the provisions, agreements or stipulations in the said above proviso particularly set forth, contrary to the true intent and meaning of these presents, and of the said proviso, then, and in every such case it shall and may be lawful to and for the said mortgagee, his heirs and assigns, peaceably and quietly to enter into, have, hold, use, occupy, possess and enjoy the aforesaid lands, tenements, hereditaments and premises hereby conveyed or mentioned or intended so to be, with the |