24. What is deemed a conveyance, not being a sale or mortgage

Terms defined in s 2

• instrument

  instrument

  Defined · s 2

  “instrument” includes every written document;

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• mortgage

  mortgage

  Defined · s 2

  “mortgage” means a security by way of mortgage for the payment of any definite and certain sum of money advanced or lent at the time, or previously due or forborne to be paid, being payable, or for the repayment of money to be thereafter lent, advanced or paid, or which may become due upon an account current, together with any sum already advanced or due, or without (as the case may be), and includes —(a)any conveyance of any property in trust to be sold or otherwise converted into money intended only as a security, and redeemable before the sale or other disposal of the property, either by express stipulation or otherwise;(b)any instrument in writing for defeating or making redeemable, or explaining or qualifying any conveyance of property, apparently absolute, but intended only as a security;(c)any agreement for a mortgage or any agreement (other than an agreement chargeable with duty as an equitable mortgage), contract or bond accompanied with a deposit of title deeds or with other instruments evidencing a right to property, for making a mortgage or any other security or conveyance as aforesaid of any property comprised in the title deeds or other instruments or for pledging or charging the same as a security; and(d)any deed operating as a mortgage of any stock or marketable security;

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