uses as to her and her husband may seem meet. 59 G. 3, c. 3, s. 1; 2 G. 4, c. 14. (2.) In case such married woman executes such deed How to conin Upper Canada, she shall execute the same in the vey in Upper presence of a judge of one of the courts of Queen's Canada. Bench or Common Pleas, or of a judge of the County Court, or of the Surrogate Court, or of two justices of the peace for the county in which such married woman resides or happens to be when the deed is executed, and such judge or two justices of the peace (as the case may be) shall examine such married woman, apart from her husband, respecting her free and voluntary consent to convey her real estate in manner and for the purpose expressed in the deed; and, if she gives her consent, such judge or justices shall, on the day of the execution of such deed, certify on the back thereof to the following effect: 43 G. 3, c. 5; 59 G. 3, c. 3, ss. 2, 3; 1 W. 4, c. 2, s. 1; 2 V., c. 6, s. 1; 14, 15, V., c. 115. "I [or we, inserting the name or names, &c.,] do "hereby certify that, on this day of "at the within deed was duly executed "in my [or our] presence, by A. B., of , "wife of , colonies. (3.) In case any such married woman resides in How in Great Great Britain or Ireland, in any colony belonging to Britain or Irethe Crown of Great Britain other than Upp Upper Canada, land or in the and there executes any such deed, she shall execute the same in the presence of the mayor or chief magistrate of a city, borough, or town corporate, in Great Britain or Ireland, or of the chief justice, or a judge of the Supreme Court of such colony; and such mayor or chief magistrate, chief justice or judge, (as the case may be,) shall examine such married woman, apart from her husband, touching her consent, in manner and form and to the effect specified in the second section of this act; and, if she thereupon gives such consent, such mayor or chief magistrate, under his hand and the seal of the city, town, or borough, or such : states. chief justice or judge, under his hand, shall, on the day of the execution of such deed, certify on the back thereof to the effect herein before mentioned in the said second section. 43 G. 3, c. 5; 59 G. 3, c. 5, s. 2; 1 W. 4, c. 2, s. 1; 2 V., c. 6; 14, 15 V., с. 115. How in foreign (4.) In case any such married woman resides, either temporarily or permanently, in any state or country not owing allegiance to the Crown of Great Britain, and there executes any such deed, she shall execute the same in the presence of the governor or other chief executive officer of such state or country, or in the presence of the British consul resident in such state or country, or in the presence of a judge of a court of record of such state or country, and such governor, chief executive officer, consul, or judge (as the case may be,) shall examine such married woman, apart from her husband, touching her consent, in manner and form and to the effect specified in the second section of this act; and, if she thereupon gives such consent, such governor or chief executive officer, under his hand and the seal of such state or country, or such consul, under his hand, or such judge, under his hand and the seal of his court, shall certify to the effect herein before mentioned in the said section. 43 G. 3, c. 5; 59 G. 3, c. 3, s. 2; 1 W. 4, c. 2, s. 1; 2 V., c. 6; 14, 15 V., с. 115. Certificate to be evidence prima facie. The officer cer- If not duly executed the deed shall not be valid. The deed not (5.) Every certificate given under this act shall be primâ facie evidence of the facts therein stated. 14, 15 V., c. 115, s. 2. (6.) It shall not be necessary for any judge or other officer, who may certify in any of the foregoing cases, to attest as a subscribing witness the execution of any deed upon the back of which he may so certify. 14, 15 V., c. 115, s. 1. (7.) If any such deed of any such married woman be not executed, acknowledged, and certified as aforesaid, the same shall not be valid, or have any effect. 14, 15 V., с. 115, s. 2. (8.) No deed of a married woman, executed accordto have great- ing to the provisions of this act, shall have any greater effect than the same would have had if such married woman had been sole. 43 G. 3, c. 5, s. 4; 1 W. 4, c. 2, s. 2. er effect than if she was sole. Fee for certificate. (9.) The sum of five shillings may be demanded for every such certificate. 43 G. 3, c. 5; 59 G. 3, с. 3, s. 2; 1 W. 4, c. 2, s. 4. CHAPTER IV. OF SECURITIES. NOTES. 452. Conveyancing securities are mortgages, bills of sale, bonds, warrants of attorney, and redeemable annuities. 453. Mortgages are the best of all securities, from the ample remedies they afford when properly drawn; but care must be taken that the title is marketable, and the property of adequate value to cover all expenses. 454. A mortgage of a mortgage is resorted to where money is urgently wanted, and the mortgage cannot be called in or the present sum wanted is relatively small. Securities of this kind have an advantage over a mortgage of an equity of redemption, because the mortgagee has the title-deeds delivered to him which he has no right to, or even to their production in a second mortgage. The disadvantages are that the mortgagee takes subject to the equity of redemption upon the original mortgage, and to all the stipulations thereby conferred in favor of the original mortgagor; and besides, the mortgagee of a mortgage is liable to account to his immediate mortgagor for negligence on his part in recovering the mortgage debt, but he may be protected by a clause of indemnity. 455. Interests which cannot be mortgaged are salaries of most officers under the government or public service-as the pay of an officer of the army or the navy, the salary of a judge, the profits of a clerk of the peace, &c., &c.: still the profits of some public officers may be assigned as of the registrar of the court of Chancery and so of a pension for past services; but not if granted by Parliament for the honorable support of the dignities of a peerage, for such pension cannot even be charged. So the future interest of a married woman in chattels personal, which cannot be assigned so as to bind her husband if he survives her, but her chattels real may be so assigned by the husband as to bind her and her representatives. 456. An estate in the mortgagor commensurate with the interest he conveys is not always essential: thus, tenant for life may mortgage in fee under a power, and trustees and executors, who have no interest in the lands, are often authorized to mortgage them to satisfy trusts, &c., under a settlement or will; and, whenever they have an unlimited power to charge an estate for a certain specific purpose, it gives them absolute power of disposition over the whole property, either by sale or mortgage, so that executors or administrators may insert a power of sale in a mortgage of personal estate for the purpose of administering the assets. (Long v. Long, 5 Ves., 443.) 457. A power to sell implies a power to mortgage, and an implied charge of debts will authorize a mortgage or sale to discharge them; and so, if trustees under a will are directed to raise a gross sum for any special purpose out of the rents and profits, that will empower them to mortgage or sell the estate for that purpose. Semble that, where a mortgage was made under a power to raise money by sale or mortgage, such mortgage cannot afterward be paid off by a sale, because as soon as the mortgage is made the power is exhausted. (Polk v. Clinton, 12 Ves., 48.) 458. The terms on which a mortgage is to be made should always be settled in writing, particularly where there is any thing special. 459. A liquidated damages clause is sometimes inserted in a mortgage. 460. Equitable mortgages by deposit of title-deeds are better to be based upon a written agreement than left to a verbal understanding, though mere word of mouth is sufficient to effect such a mortgage; for, where the borrower is amenable to bankrupt laws, a written agreement will entitle the depositary to his costs out of the estate, which he could not get if the agreement were by parol only. 461. Equitable mortgages of share-certificates by deposit are distinct from that of real estate by deposit of deeds, because actual delivery of the deeds is generally requisite, but where they are delivered the transaction is complete; but as to share-certificates, actual delivery is not essential, but proper notice must be given to the secretary of the company, and until then the lien is not communicated. 462. Exceptions to the rule that deeds must be delivered are where the mortgagor has only a partial interest in the property and there cannot deposit the deeds, in which a memorandum showing his intention to make the lien will suffice; but if other parties, interested in the property, [e. g., partners,] would be prejudiced, it is doubtful whether equity would enforce such a security, but in every other case it may. 463. Depositor may create an equitable mortgage commensurate with his estate and interest in the lands, and therefore lessee, by depositing his lease, notwithstanding it contains a covenant not to assign without license, (Doe d Pitt v. Hogg, 4 Dow & Ry., 226;) but he cannot create a lien beyond the estate which he himself has in the property. 464. Future as well as present advances may be covered by an equitable mortgage; but if the lien is to a firm, and is intended to be in favor of any new partners admitted into such firm, such intent should be expressed in the memorandum which accompanies the deposit of title-deeds. 465. Title is not often investigated in these cases; but there should be reasonable ground of belief that the title is good, and care should be taken that all the deeds relating to the property are deposited, for if some are retained, and money is raised upon them from a third party, equity may refuse to enforce the claim of either mortgagee. (Ex parte Pearse, 1 Buck, 525.) 466. Mere deposit will not create a mortgage, for that may be done as with a banker for safe custody only, and therefore the purpose for which they are deposited should always be expressed; but deposit of deeds for the purpose of preparing a legal mortgage will create an equitable mortgage, ad interim. This is now settled law. 467. A warrant of attorney to enter up judgment on the debt, or to confess judgment in ejectment where the mortgagor is himself in possession of the premises, is sometimes given as collateral security to facilitate recovery by mortgagee in case of need. 468. Mortgages in fee are now usual. Formerly, long terms of years were generally granted to the mortgagee, or to a trustee for him, because it was thought, if the estate were absolute at law, dower would attach, and also any real charges of the mortgagor; but equity treats a mortgage as a pledge merely for the payment of money, and therefore, though the legal estate descends to the heir of the mortgagee, he merely holds it for the benefit of the personal representatives who are entitled to the beneficial interest as personal estate. The wife of a mortgagee has therefore no dower in lands mortgaged in fee. 469. Mortgages for a long term have one advantage; because, if the mortgagee dies, the term and the mortgage debt both vest in the same person, whereas if the mortgage is in fee the legal estate goes to the heir and the mortgage debt to the personal representatives of the mortgagee: but in case of foreclosure the mortgagee in one case acquires the whole fee, while in the other he only acquires the term. To avoid this disadvantage, the mortgagor may be made to covenant that, in case of default, he would convey the fee discharged of all equity of redemption. And in certain cases both a term and a fee are limited to the mortgagee, and this is done where two mortgagees advance money at the same time on the same estate. 470. Recitals in mortgages, if the mortgagor has the title-deeds, |