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or joint tenancies. 1. Every estate hereafter to be created, granted or devised to two or more persons in their own right, shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in trustees, or executors as such, shall be held by them in joint tenancy.
2. Any change of the trustees in any joint estate, pursuant to the powers of the original trust, shall not serer the title, but after any such change the joint tenancy shall exist in the whole body of trustees, with all the force and effect of such original trust.
EASEMENTS. No right of user of light or air to be acquire l by prescription in future.
No person who has erected or may hereafter erect any buildings with windows overlooking the land of another, nor his heirs or assigns, shall acquire or be held to hare acquired, by the mere user of light and air through such windows, any right so as to prevent the erection of any building or other structure on such adjoining land ; provided that nothing herein shall deprive any person of any right or easement that he may have acquired previous to the tenth day of April in the year of our Lord one thousand eight hundred and seventy-five, under the law as it existed previous thereto, or in any way interfere with any writ, proceeding, action or suit then pending.
Nova SCOTIA GRANTS. Section.
Section. 1 All grants under the Great Seal of 2 Courses in the County of Char
Nova Scotia prior to January 3rd, lottte, how ascertained. 1786, to be valid. 1. All Letters Patent, and Grants of Lands, Tenements, and Hereditaments, lying and being within this Province, made and passed under the Great Seal of the Province of Nova Scotia prior to the third day of January in the year of our Lord one thousand seven hundred and eighty six, which, or a copy or copies of which, duly attested and authenticated by and under the hand of the Registrar of the Province of Nora Scotia, or exemplified under the Great Seal of the said Province of Nora Scotia, were, prior to the third day of
and eighty six, entered and registered in the Office of the Secretary and Registrar of the Records of this Province, shall be valid and effectual for the uses and purposes therein mentioned ; and all such Letters Patent and Grants not so entered and registered as aforesaid, shall be null and void and of no effect in law.
2. In any of the said Letters Patent or Grants of Lands in the County of Charlotte, the course of the boundary line shall be ascertained by reference to the true meridian, as represented on the plans thereto annexed
LANDLORD AND TENANT. Section.
Section. 1 Distress for rent; proceedings 13 Landlord may recover for use and thereon.
occupation. 2 Goods distrained, hów taken care 14 Rent in arrear on demise for life, of.
how recovered. 3 Arrears of rent, when distrainable. 15 When and how mortgagee may 4 Goods removed from premises, make tenant of mortgagor his when distrainable
tenant. 5 Such goods if secured in a build- 16 Notice to quit. ing, how distrained.
17 When tenant holding over, liable 6 Pound breach and rescue, remedy to double rent,&c.
18 Actions against landlord or bailiff; 7 Irregularity in conduct of distress, pleadings. effect of.
19 When landlord may proceed by 8 Sale of goods liable to rent taken ejectment, what he may recover,
in execution. 9 Executors or administrators of 20 When injunction not allowed ;
Landlord may distrain for rent proceedings in Equity.
21 Stay of proceedings on payment 10 When and how such distress shall of arrears and costs. be made.
22 When warrant for possession of 11 When goods on any premises are premises may issue, proceedings
taken in execution, all arrears of thereon. rent not exceeding one year are 23 Appeal. to be first paid.
24 Costs of proceedings in ejectment. 12 Nothing in last Section to apply 25 Writ of restitution, when issued.
to debts, fines, &c., due to Her 26 Fees in cases of distress for rent. Majesty
1. When goods are seized by distress (A) for any rent due, and the tenant or owner of such goods shall not, within five days next after such distress, and notice thereof (B) left at the dwelling house, or other most conspicuous place charged with the rent, replevy the same according to law, the person distraining shall, with the Sheriff or any constable of the County, who is required to assist, cause the goods to be valued by two sworn appraisers, to whom such officer shall administer the oath, (C) to be endorsed (D) on the inventory. and after such appraisement (E) shall publicly sell such goods for the highest price, to satisfy such distress, with the charges, leaving the overplus (if any) in the hands of the officer for the owner's use.
2. Goods taken by distress for rent may be impounded and secured on a convenient part of the premises, and disposed of as herein provided. All persons shall have free access to the premises in any matter connected with the distress.
3. Arrears of rent may be distrained for by the landlord or his representatives within six months after the determination of the lease, and during the tenant's possession and landlord's interest.
4. Goods fraudulently or clandestinely removed from the lands of any tenant to avoid a distress, may be followed by the landlord within thirty days thereafter, be distrained for such rent, and disposed of as in other cases of distress for rent; no goods shall be distrained that have been sold bona fide and for valuable consideration before such seizure.
5. Goods fraudulently or clanestinely removed as aforesaid, and placed and secured in any building or close to preventa distress,may be distrained by the landlord or his agent, with the aid of a Sheriff or constable, who is required to as. sist; and if in a dwelling house, oath being made of a reasonable suspicion that the goods are therein, he may in the day time break open the same.
6. Upon any pound breach or rescue of goods distrained for rent, the person injured shall, in an action on the case, recover treble damages, with costs, against the offender, or against the owner of the goods distrained, if the same come to his use and possession.
7. Any irregularity in conducting a distress where rent is justly due, shall not make the distrainor a trespasser, but the party injured may recover damages therefor, unless a tender of sufficient amends be made before action brought.
8. When goods liable to rent shall be taken in execution, and the arrears, not exceeding one year, shall not be paid to the landlord, the officer shall proceed to the sale thereof, and from the proceeds pay such rent, and apply the residue to the satisfaction of the execution ; but the Queen's rights shall not be affected.
9. It shall be lawful for the executors or administrators of any lessor or landlord to distrain upon the lands demised for any term, or at will, for the arrearages of rent due to such lessor or landlord in his lifetime,in like manner as such lessor or landlord might have done in his lifetime.
10. Such arrearages may be distrained for after the end or determination of such term or lease at will, in the same manner as if such term or lease had not been ended or determined, provided that such distress be made within the space of six calendar months after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such arrears became due; prorided also, that all and every the powers and provisions of the laws relating to distresses for rent shall be applicable to the distresses so made as aforesaid.
11. No goods or chattels whatsoever lying or being in or upon any messuage, lands or tenements which are or shall be leased for life or lives, term of years, or at will, or otherwise, shall be liable to be taken by virtue of any execution on any pretence whatsoever, unless the party at whose suit the said execution is sued out, shall, before the removal of such goods from off the said premises by virtue of such execution, pay to the landlord of the said premises, or his bailiff,all such sum or sums of money as are or shall be due for rent for the said premises, at the time of the taking of such goods or chattels by virtue of such execution, provided that the said arrears do not amount to more than one year's rent; and in case the said arrears shall exceed one year's rent, then the said party at whose suit such execution is sued out, paying the said landlord or his bailiff one year's rent, may proceed to execute his judgment as he might heretofore have done; and the Sheriff or other officer to whom such execution may
have been delivered to be executed, is hereby empowered and required in such case to levy and pay to the party at whose suit the said execution is sued out, as well the money so paid for rent as the money directed to be levied on such execution.
12. Nothing in the aforegoing Section contained shall be construed to extend to hinder or prejudice Her Majesty, Her Heirs or Successors, in lerying, recovering or seizing any debts, fines, penalties, or forfeitures due or payable to Her Majesty, Her Heirs, or Successors, but that it shall and may be lawful for Her Majesty, Her Heirs or Successors, to lery, recover and seize such debts, fines, penalties, or forfeitures, in the same manner as if this Chapter had not been passed.
13. The landlord, when the demise or agreement is not by deed, may recover satisfaction for the lands held or occupied by the defendant in an action for use and occupation; ifon the trial such demise or agreement, wherein a certain rent was reserved, shall appear, it shall not be a ground of nonsuit, but the plaintiff may use it as evidence of the amount of damages to be recovered. • 14. Any person having any rent in arrear upon any demise for life or lives may bring an action of debt therefor as on a demise for years.
15. A mortgagee may, by notice in writing, make the terant, under a demise by the mortgagor subsequent to the mortgage, his tenant, and thereby adopt the same.
16. When any lands shall be let, requiring a notice to quit, the notice shall be as follows:-For the year or half year, three months; for the quarter or month, one month; and for the week, one week.
17. When a tenant, or person under or in collusion with him, wilfully remains in possession of lands after the determination of the demise, and after notice to quit (F and G) by either landlord or tenant, if the tenancy be from year to year, and demand of possession at the expiration of the demise, the landlord may recover double the rent or yearly value of the premises in the same manner as any single rent may be recovered ; the party may be held to hail, and shall be without relief in equity.
18. In any action brought against the landlord, or his bailiff or agent, for any thing done under this Chapter, the defendant may plead the general issue, and give the special