It is now provided by the Execution Act, R.S.O. 1914, c. 80, ss. 25 to 28,as follows:

(a) See chapter 8, The Registry Act, Sec. 76.

(b) See chapter 10, The Land Titles Acts, Sec. 96.

(c) See chapter 16, Execution Creditors of the Mortgagor.

(d) Lodor v. Creighton, 1860, 9 U.C.C.P. 295; Parke v. Riley, 1866, 3 U.C.E. & A. 215, at pp. 228, 231, 232.

(e) 56 V. c. 5. The present provisions are set out in Sec. Sec. 112, 113, infra.

25.- (1) If a sheriff is informed on behalf of the execution creditor that the execution debtor is a mortgagee of land and that the mortgage is registered, or that he is entitled to receive a sum of money charged upon land by virtue of a registered instrument, and -if the sheriff is required on behalf of the execution creditor to seize the mortgage or charge, and is furnished in writing with the information necessary to enable him to give the notice hereinafter mentioned, he shall, upon payment of the proper fees, forthwith deliver or transmit to the registrar or master of titles in whose office the mortgage or other instrument is registered, who shall forthwith register the same, a notice in the form or to the effect following: To the registrar of (or as the case may be)

By virtue of an execution issued out of the Supreme Court of Ontario (or as the case may be) whereby I am commanded to levy of the goods and chattels of A.B. $ for debt, and $ for costs lately adjudged to be paid by A. B. to C. D., besides the costs of execution, I have this day seized and taken, in execution all the estate, right, title and interest of A. B. in a mortgage made by X. Y. to A. B., bearing date the day of 19 , and registered in the registry office of the County of (or as the case may be) on the day of 19 , as number (or the said mortgage or other instrument may be described in any other manner by reference to dates, parties and the land covered as will enable the notice to be registered against the land therein described) and in the money secured thereby, and this notice is given for the purpose of binding the interest of A. B. under sections 25 to 29 of The Execution Act.

(Signed) M. N., Sheriff of the County (or District) of

(2) Upon registration of the notice the interest of the execution debtor in the mortgage or other instrument, and in the land therein described, and in the money thereby secured and in all covenants and stipulations for securing payment thereof, shall be bound by the execution, and such registration shall be notice of the execution and seizure to all persons who may thereafter in any, way acquire any interest in the mortgage, land, money or. covenants; and the rights of the sheriff and of the execution creditor shall have priority over the rights of all such persons subject, as regards the mortgagor or person liable to pay the money secured by the mortgage or charge, to the next following section.

26.- (1) A notice similar to that mentioned in the next preceding section shall also be served upon the mortgagor or the person who is liable to pay the money secured by the registered instrument; and after such service the person served shall pay to the sheriff all money then payable and, as it becomes due, all money which may become payable to the execution debtor so far as may be necessary to satisfy the execution.

(2) Service of the notice may be made personally, or by leaving the same at the dwelling-house of the person to be served with a grown up person residing there, or by registered post to the proper address of the person to be served.

(3) Any payment made after service of the notice or after actual knowledge of the seizure shall be void as against the sheriff and execution creditor.

27. In addition to the remedies herein provided, the sheriff may bring an action on such mortgage or other instrument for the sale or foreclosure of the land covered by it, and shall be entitled to a bond of indemnity as in the cases provided for in section 23.

28.- (1) Upon an execution, notice whereof is registered under section 25, expiring or being satisfied, set aside or withdrawn, a certificate of such fact shall be given by the sheriff or by the execution creditor, and the same or the order to set aside, as the case may be, may be registered; and thereupon such seizure shall be vacated and be at an end.

(2) The order or the certificate of the sheriff shall not require verification.

(3) The certificate of the execution creditor shall be verified by the oath of a subscribing witness as in the case of other instruments affecting land.

It is provided by s. 2 (b) that "Sheriff" shall include any officer to whom an execution is directed.

Where an execution debtor who was a mortgagee assigned the mortgage prior to the registration of a notice of seizure of the mortgage under s. 25, but the assignment was not registered until afterwards, it was held that the execution creditor was not entitled to insist upon the sheriff's taking further proceedings without indemnifying him against costs, and that as the sheriff was not authorized to realize upon the security except by action he was not subject to any suit or proceeding by the assignee of the mortgagee and was not entitled to relief by way of interpleader. "In other words, the statute authorizes the seizure of the mortgagee's interest, and where there has been an assignment of that interest, whether registered or not, and whether bona fide or not, . . . . the sheriff's hands are tied until the execution creditors have in action obtained a declaration of the Court that the assignment is void" (f).

It is provided by the Land Titles Act, R.S.O. 1914, c. 126, s. 64, as follows:

64.- (1) The seizure under execution or other process of a mortgage or charge, or of leasehold land registered under this Act, shall not take effect until a certificate of the sheriff or other officer that he has taken such mortgage, charge or leasehold land under such process against the registered owner thereof is lodged with the proper Master of Titles.

(2) The certificate shall state the number of the parcel under which the land affected is registered and the name of the owner, and shall be noted by the Master in the register.

(3) This section shall not apply where the proceedings prescribed by section 25 of The Execution Act have been taken with respect to a mortgage or charge.