It is provided in Ontario by the, Mortgages Act, R.S.O. 1914, c. 112, s. 14, as follows":

14.- (1) As against creditors of a mortgagor, or person in possession of mortgaged premises under a mortgagor, the right, if any, to distrain upon the mortgaged premises for arrears of interest or for rent, in the nature of or in lieu of interest under the provisions of any mortgage executed after the 23rd day of April, 1887, shall be restricted to one year's arrears of such interest or rent.

(2) This restriction shall not apply unless some one of such creditors shall be an execution creditor, or unless there shall be an assignee for the general benefit of such creditors appointed before lawful sale of the goods and chattels distrained, nor unless the officer executing such writ of execution or such assignee shall, by notice in writing to be given to the person distraining or his attorney, bailiff, or agent before such lawful sale, claim the benefit of such restriction.

(3) When such notice is given the distrainor shall relinquish to the officer or assignee the goods and chattels so distrained, upon receiving one year's arrears of such interest or rent and his reasonable costs of distress, or if such arrears and costs shall not be paid or tendered he shall sell only so much of the goods and chattels distrained as shall be necessary to satisfy one year's arrears of such interest or rent and the reasonable costs of distress and sale, and shall thereupon relinquish any residue of them, and pay any residue of moneys, proceeds thereof so distrained, to such officer or assignee.

(4) An officer executing an execution, or an assignee who pays any money to relieve goods and chattels from distress under this section, shall be entitled to reimburse himself therefor out of the proceeds of the sale thereof.

(5) The goods and chattels distrained shall not be sold except after such public notice as is now required to be given by a landlord who sells goods and chattels distrained for rent.

(j) Miller v. Imperial Loan and Investment Company, 1896, 11 M.R. 247. See also Edmonds v. Hamilton Provident and Loan Society, 1891, 18 O.A.R. 347.

Apart from the foregoing section a mortgagee is not entitled to recover out of the land by distress or action more than six years' arrears of rent or interest, though in an action on the covenant he may recover ten years' arrears or, in the case of mortgages made before the 1st day of July, 1894, twenty years' arrears (k).