CHAP. 105. purchaser all the interest of the defendant in the lands therein described subject to prior encumbrances. Presumptive evidence of transfer of defendant's title. Purchaser shall become landlord of tenants. Surplus proceeds of sale returned by sheriff, subject to order of court. Provision as to titles prior to 1841. 14. The Sheriff's deed shall be presumptive evidence of the defendant's title having been thereby conveyed to the purchaser. 15. Where the lands so conveyed shall be in the possession of the tenants of the defendant, the purchaser shall become the landlord, and shall have the like rights and remedies against the tenants as the defendant would have had, and shall be entitled to all rents accruing after such purchase. 16. Where the sum realized by such sale shall be more than sufficient to satisfy the execution and necessary attendant on such levy and sale and interest on expenses the amount of the judgment from the date thereof; the surplus shall be retained by the Sheriff, to be paid to such person as may be directed by an order of the Supreme Court or any Judge thereof, 17. Titles to land made by any Sheriff previous to the tenth day of April, one thousand eight hundred and forty. one, shall not be invalidated by any irregularity or defect in the proceedings prescribed by statute for the sale of real estate; provided the party shall have been in possession of the land one year at least before such date, and shall have paid the purchase money to the Sheriff. Notice to quit, cient. CHAPTER 105. OF TENANCIES AND OF FORCIBLE ENTRY AND DETAINER. 1. When any house or tenement is let by the year, what to be suffi- three months notice to quit, before the expiration of the year, and when by the month, one month's notice, and when by the week, one week's notice shall be given to or by the tenant in possession; and such notice shall be good, though the day on which the tenancy terminates be not named therein. Warrants issued in case of forcible entry and detainer, and party held to bail. 2. In cases of wrongful and forcible entry into lands, and in cases of wrongful detainer, or withholding with force after possession demanded, and also when the lessee or sub-lessee shall illegally hold possession after the determination of the lease and demand of possession, or when entry shall be made on lands or into houses or buildings, and the possession is withheld from the party entitled, for seven days after notice to leave and possession demanded, any two justices residing in the town or place wherein the CHAP. 106. lands lie, on complaint on oath being made, may by warrant cause the person so in possession to be arrested and detained in custody until he find security for his appearance to answer such complaint at the next term or sittings of the Supreme Court in the county, and to pay the costs of the proceedings if adjudged against him; and in case he shall not find security, the cause shall notwithstanding proceed, and such complaint and all proceedings before such justices shall be forthwith fyled by them in the Supreme Court. warrant may 3. No such warrant shall issue where the party com- In what case plained of or the person under whom he claims has been not issue. in quiet possession for three years next before the filing of the complaint; unless in cases of tenancy, where the same Exception. has terminated, summarily when to be 4. The plaintiff shall fyle and serve his complaint, Complaint to be briefly stated; and the defendant shall, within fourteen tried. days thereafter, fyle and serve notice of defence, briefly stated; and the case shall be tried in a summary way in the names of the parties and as a civil suit; and if the complaint is proved to the satisfaction of the Court a writ of possession shall issue, and the party complaining be put Possession, in possession of the land and premises within ten days there- given. after. The Court shall have power, at the same time, to Court may award damages for such forcible entry, and in case of a or tenant overholding, treble rent up to the time of the landlord's acquiring possession, at the rate previously paid; but the Court may, if they think fit, order that the cause shall be tried, or the rent or damages be assessed by jury. award damages order same to be assessed by jury. CHAPTER 106. OF ESCHEATING LANDS FORFEITED TO THE CROWN. office, by whom 1. The Governor in Council may direct the Attorney Inquests of General to file inquests of office in the Supreme Court of to be filed, &c. any county where the lands lie, for revesting in the Crown lands that have been granted, but which shall have been forfeited to the Crown in whole or in part for nonfulfilment of the conditions in the grant. 2. A notice of the inquest, with a brief description of Notice of inthe lands therein, shall be published in the Royal Gazette, quests, how at least twice, and posted up at the door of the court house, and in at least five other public places in the county, CHAP. 106. during the period of three months before the commencement of the term; and if any person be living on the lands, or in actual possession and cultivation of the same, or any part thereof, a copy of the notice shall also be delivered to him. Penalty in case tenant neglects lord of notice, how recovered. 3. If any tenant shall wilfully neglect to give informato inform land- tion of the notice to his landlord, in case he shall be within the Province, or to his known attorney, or agent, in case he shall be absent therefrom, he shall forfeit a sum not exceeding four hundred dollars, to be recovered by the party injured. Proceedings in case of non-appearance. 4. Upon proof of such notice, if there be no appearance and plea by a party who shall be entitled to traverse the inquest, the Court, upon hearing evidence which shall be taken in writing by the judge in the usual manner and filed with the Prothonotary, and being satisfied of the nonfulfilment of the conditions of the grant, shall give judg ment, re-vesting the lands in whole or in part in the Crown; Costs, how paid, whereupon the usual costs shall be taxed, and being certified by the judge, shall be paid out of the Provincial Treasury. &c. Proceedings in case of appear Costs. 5. Should such appearance and plea be put in, the ance and plea. cause shall be tried in the same way as other causes at common law: if judgment pass for the Crown, the defendant shall be liable for the usual costs; and if the defendant succeed, his costs to be taxed in like manner and certified by the judge, shall be paid by the Commissioner of Crown Lands. Inquest may in- Where grant in- lots, &c., for 6. Any number of lots within the county may be included in the same inquest, but the traverses and trials shall be separate. 7. Where one grant includes several lots, or where under one grant separate allotments are subsequently feiture of each, assigned to grantees or their assigns, the liability to for feiture of each lot shall depend upon the performance of the conditions in respect of that particular lot. how incurred. Plea, nature of. Granting of escheated lands. 8. The plea traversing the inquest shall be confined to a simple denial of the liability to forfeiture under the terms of the grant, and of this Chapter; and no other plea shall be allowed unless by special leave of a judge. 9. Land so escheated shall not be granted to any person except to the original owner, his heirs or assigns, before the expiration of one year from the date of the judgment. CHAP. 107. CHAPTER 107. OF DISTRESS FOR RENT. ed to be ap days after no 1. Where any goods are distrained for rent reserved Goods distrainand due upon any lease or contract. and the tenant or praised and owner of the goods shall not within five days next after sold within five the distress taken, and notice thereof with the cause of tice if not replevied. taking served upon him, or left at the most conspicuous place on the premises charged with such rent, replevy the same with security to be given to the Sheriff; the landlord, with the Sheriff or his deputy or a constable, who are required to aid therein, may cause the goods so distrained to be appraised by two sworn appraisers. and after rent paid, surplus to remain for 2. After the appraisement the landlord shall sell the Goods to be sold, goods distrained for the best price to be gotten therefor, towards payment of the rent due and expenses incurred owner. leaving the surplus, if any, in the hands of the officer for the owner's use. 3. Sheaves or cocks of grain, grain loose or in the straw, hay in a barn or upon a hovel, stack or rick, or upon the land charged with such rent, may be locked up or detained upon the premises by a landlord having rent in arrear, for or in the nature of a distress, until the same shall be replevied upon security to be given as above; and in default of being replevied within the time above in that behalf specified, after appraisement made in like manner, be sold: but the same shall not be removed out of the place where found and seized by the distrainer, to the damage of the owner, before such sale. Grain in the straw, hay in a barn, &c., how distrained. of pound breach 4. Upon any pound-breach and rescue of goods dis- Remedy in case trained for rent, the person aggrieved thereby may recover and rescue of his damages against the offender, or against the owner of goods distrained. the goods distrained if the same be afterwards found to have come to his use or possession. of a distress for none is in arrear. 5. In case any distress and sale be made by any person Remedy in case for rent, where none is in arrear, the owner of the goods rent, where distrained, his executors and administrators, may, by suit, recover against the persons distraining or either of them, his or their executors or administrators, the value of the goods distrained, and such further damages as the jury may award. 6. Where any distress shall be made for any kind of Subsequent irrent justly due, and any irregularity or unlawful act shall to render disbe afterwards done by the party distraining or by his tress unlawful. agent, the distress itself shall not be therefore deemed to be unlawful, nor the party making it deemed a trespasser Remedy of ab initio; but the person aggrieved by such unlawful act or party aggrieved Proviso. CHAP. 107. irregularity may recover full satisfaction for the special damage he shall have sustained thereby, and no more: Provided, nevertheless, that no tenant or lessee shall recover in any action for any such unlawful act or irregularity as aforesaid, if tender of amends shall have been made by the person distraining or his agent before such action brought. Goods not liable to be removed under execution till rent paid, but year's amount, &c. 7. No goods being upon any messuage or tenement leased shall be liable to be taken by virtue of any execution, unless the party at whose suit the execution is sued not to exceed one out shall before removal of such goods from off the premises pay the landlord or his bailiff at least one year's rent thereof, if so much is in arrear and due; and if the rent be not actually due then a rateable part thereof up to the levy of the execution. If the arrears exceed one year's rent of the premises, then upon payment to the landlord or his bailiff of one year's rent, the execution creditor may proceed to execute his judgment as in other cases; and the Sheriff, his deputy or other officer is required to levy and pay to the execution creditor, as well the money so paid for rent as the execution money. Goods fraudulently removed viously sold in good faith, be seized within twenty-one days. 8. In case any lessee of any messuage, lands or teneto avoid distress ments, upon the demise whereof any rents are reserved, may, unless pre- shall fraudulently or clandestinely convey from such demised premises his goods, with intent to prevent the landlord distraining the same; such landlord, by himself or his servants, may within twenty-one days then next ensuing such conveying away, seize such goods wherever found as a distress for such arrears of rent, and dispose of the same as if they had been distrained upon the premises, unless such goods shall have been sold in good faith and for a valuable consideration before such seizure, in which case they shall not be liable to a distress. Rent reserved upon lease for 9. Rent in arrear and due upon a lease for life or lives, life recovered as may be recovered by action in the same way as if reserved upon a lease for years. in other cases. Rent distrained for within six lease in certain cases. 10. Rent in arrear and due upon a lease for life or months after de- lives, or for years or at will, ended or determined, may be termination of distrained for after such determination, in the same way as if such leases were not determined; if such distress be made within six months after such determination, during the continuance of the landlord's title or interest and during the possession of the tenant from whom such arrears are due. Executors, &c., may distrain for rent due deceased, and in what cases. 11. Executors or administrators of a landlord may distrain upon lands demised for a term or at will, for rent due in his lifetime, and such rent may be distrained for after the determination of such term or lease at will, in the same manner as if such term or lease had not been |