Revision of taxation.

1 Taxation not

conclusive on

have been paid therefor, and may examine either party on oath, touching the same. The person requiring the taxation shall pay the clerk a fee of twenty-five cents therefor. 50 V. c. 23, s. 13.

40. Where that portion of the bill or charges in dispute amounts to the sum of $10, either party may, on giving two days' notice, have the taxation revised by the clerk of the County Court. He shall be paid a fee of fifty cents for such revision by the person appealing, and it may, in the discretion of the clerk, be deducted from or added to the bill as finally taxed by him. 50 V. c. 23, s. 14.

41. In any proceedings taken under section 2 of The Act proceedings respecting the Costs of Distress, the taxation shall not be received as conclusive evidence. 50 V. c. 23, s. 15.

under Rev. Stat. c. 63, s. 2.

Application of 88. 27-30 and

34.

Persons levy

ing distress to

APPLICATION OF CERTAIN SECTIONS.

42. Sections 27, 28, 29, 30 and 34, shall apply only to tenancies created on or after the first day of October, 1887. 50 V. c. 23, s. 16.

COPY OF CHARGES TO BE GIVEN ON MAKING DISTRESS.

43. Every person who makes and levies any distress shall give copy of give a copy of demand, and of all the costs and charges of the distress, signed by him, to the person on whose goods and chattels the distress is levied. R. S. O. 1877, c. 136, s. 16. See also Cap. 63, s. 11.

charges to party distrained.

Declaration

by boarder or lodger that immediate

tenant has no

property in goods dis

trained.

PROTECTION OF GOODS OF LODGERS FROM DISTRESS.

44. If a superior landlord shall levy or authorize to be levied a distress on any furniture, goods or chattels of any boarder or lodger for arrears of rent due to the superior landlord by his immediate tenant, the boarder or lodger may serve the superior landlord, or the bailiff or other person employed by him to levy the distress, with a declaration in writing, made by the boarder or lodger, setting forth that the immediate tenant has no right of property or beneficial interest in the furniture, goods or chattels so distrained or threatened to be distrained upon, and that such furniture, goods or chattels are the property or in the lawful possession of such boarder or lodger; and also setting forth whether any and what amount by way of rent, board or otherwise is due from the boarder or lodger to the said immediate tenant; and the boarder or lodger may pay to the superior landlord, or to the bailiff or other person employed by him as aforesaid, the amount, if any, so due as last aforesaid, or so much thereof as shall be sufficient to discharge the claim of the superior landlord: and to such

declaration shall be annexed a correct inventory, subscribed by the boarder or lodger, of the furniture, goods and chattels referred to in the declaration. 43 V. c. 16, s. 1.

45. If a superior landlord, or a bailiff or other person Penalty. employed by him, after being served with the before mentioned declaration and inventory, and after the boarder or lodger shall have paid or tendered to the superior landlord, bailiff or other person, the amount, if any, which, by the last preceding section, the boarder or lodger is authorized to pay, shall levy or proceed with a distress on the furniture, goods or chattels of the boarder or lodger, the superior landlord, bailiff or other person shall be deemed guilty of an illegal distress, and the boarder or lodger may replevy such furniture, goods or chattels in any court of competent jurisdiction and the superior landlord shall also be liable to an action at the suit of the boarder or lodger, in which action the truth of the declaration and inventory may likewise be inquired into. 43 V. c. 16, s. 2.

lodger to

46. Any payment made by a boarder or lodger pursuant to Payments by section 44 of this Act shall be deemed a valid payment poarder or on account of the amount due from him to the immediate superior tenant mentioned in the said section. 43 V. c. 16, s. 3.

landlord.

47. The declaration herein before referred to shall be made Declaration under and in accordance with The Act respecting Extra- R. S. C. c. 141. how made. judicial Gaths. 43 V. c. 16, s. 4.

PROCEEDINGS BEFORE COUNTY JUDGE, ENTITLING AND SERVICE OF PAPERS,

H'

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the of the Province of Ontario enacts as follows:

Interpretation 1. In the construction of this Act

"Tenant." 1 "Tenant" shall mean and include an occupant, a subtenant, under-tenant, and his and their assigns and legal representatives;

Landlord."

holding tenant upon affidavit.

2 "Landlord" shall mean and include the lessor, owner, the person giving or permitting the occupation of the premises, in question and the person entitled to the possession thereof, and his and their heirs and assigns and legal representatives. R. S. O. 1877, c. 137, s. 1.

Application to 2. In case a tenant, after his lease or right of occupation be inade to the whether created by writing or by verbal agreement, has exCounty Judge against over pired, or been determined, either by the landlord or the tenant, by a notice to quit or notice pursuant to a proviso in any lease or agreement in that behalf, or has been determined by any other act whereby a tenancy or right of occupancy may be determined or put an end to, wrongfully refuses, upon demand made in writing, to go out of possession of the land demised to him, or which he has been permitted to occupy, his landlord, or the agent of his landlord, may apply to the County Judge of the county, or union of counties, in which the land lies, and wherever such Judge then is, setting forth, on affidavit, the terms of the demise or right of occupation, if verbal, and annexing a copy of the instrument creating or containing such demise or right of occupation, if in writing, (or if a copy cannot be so annexed by reason of the said writing being mislaid, lost or destroyed, or being in the possession of the tenant, or from any other cause, then annexing a statement setting forth the terms of the demise or occupation, and the reason why a copy of the said writing cannot be

annexed,) and also annexing a copy of the demand made for the delivering up of possession, and stating also the refusal of the tenant to go out of possession, and the reasons given for his refusal if any were given, adding such explanation in regard to the ground of the refusal as the truth of the case may require; and this section shall extend and be construed to apply to tenancies from week to week, from month to month, from year to year, and tenancies at will, as well as to all other terms, tenancies, holdings or occupations. R. S. O. 1877, c. 137, s. 2.

time and place

3. If, upon such affidavit, it appears to the Judge that Judge the tenant wrongfully holds, without colour of right, and may appoint that the landlord is entitled to possession, such Judge shall for inquiry. appoint a time and place at which he will inquire and determine whether the person complained of was tenant to the complainant for a term or period which has expired, or has been determined by a notice to quit or otherwise, and whether the tenant, without any colour of right, holds the possession against the right of the landlord, and whether the tenant does wrongfully refuse to go out of possession, having no right to continue in possession, or how otherwise. R. S. O. 1877, c. 137, s. 3.

to be served on

4. Notice in writing of the time and place so appointed Notice thereof for holding such inquiry, shall be served by the landlord, the tenant. upon the tenant or left at his place of abode, at least three days before the day so appointed, if the place so appointed is not more than twenty miles from the tenant's place of abode, and one day in addition for every twenty miles above the first twenty, reckoning any broken number above the first twenty as twenty miles, to which notice shall be annexed a copy of the affidavit on which the appointment was obtained, and of the papers attached thereto. R. S. O. 1877, c. 137, s. 4.

pearance.

ap

5. If at the time and place appointed, as aforesaid, the Proceedings in tenant, having been duly notified, as above provided, fails to default of apappear, the Judge, if it appears to him that the tenant holds without colour of right, may order a writ to issue to the sheriff, in the Queen's name, commanding him forthwith to place the landlord in possession of the premises in question; but if the tenant appears at such time and place, the Judge In case of shall, in a summary manner, hear the parties, and examine pearance. into the matter, and shall administer an oath or affirination to the witnesses adduced by either party, and shall examine them; and if after such hearing and examination it appears to the Judge that the case is clearly one coming under the true intent and meaning of section 2 of this Act, and that the tenant holds without colour of right against the right of the landlord, then he shall order the issue of such writ, as aforesaid, otherwise he shall dismiss the case; and the proceedings in any such case, shall form part of the

form part of the records of the Court.

Proceedings to records of the County Court; and the said writ may be in the words or to the effect of Form 1 or Form 2, in the Schedule to this Act, according as the tenant is ordered to pay costs or otherwise. R. S. O. 1877, c. 137, s. 5.

Removal on certiorari.

6. Where such writ has been issued, the High Court may on motion, within three months after the issue of the writ, command the County Judge to send up the proceedings and evidence in the case to the Court, certified under his hand, and may examine into the proceedings, and, if they find cause, may set aside the same, and may if necessary, order Writ of resti- a writ to issue to the sheriff, commanding him to restore the tenant to his possession, in order that the question of right, if any appears, may be tried, as in ordinary actions for the recovery of land. R. S. O. 1877, c. 137, s. 6.

tution.

Judges of
High Court

may make
rules as to
costs.

Execution.

Summoning witnesses.

Other remedies of landlords.

7. The Judges of the High Court may from time to time, make such rules respecting costs, in cases under this Act, as to them seem just; and the County Judge before whom any such case is brought may, in his discretion, award costs therein, according to any such rule then in force, and if no such rule is in force, reasonable costs, in his discretion, to the party entitled thereto; and in case the party complaining is ordered to pay costs, execution may issue therefor, out of the County Court as in other cases in the County Court, where an order is made for the payment of costs. R. S. O. 1877, c. 137, s. 7.

8. The County Judge may cause any person to be summoned as a witness to attend before him in any such case, in like manner as witnesses are summoned in other cases in the County Court, and under like penalties for non-attendance, or refusing to answer in such case. R. S. O. 1877, c. 137, s. 8.

9. Nothing herein contained shall in any way affect the powers of any Judge or Judges of the High Court under sections 23, 24 and 25, of The Act respecting the Law Rev. Stat. c. of Landlord and Tenant, or shall prejudice or affect any other right or right of action or remedy which landlords may possess in any of the cases herein provided for. R. S. O. c.

143, ss. 23-25.

Proceedings, how entitled.

Service of papers.

137, s. 9.

10. The proceedings under this Act shall be entitled in the County Court of the county or union of counties in which the premises in question are situate, and shall be styled :

"In the matter of (giving the name of the party complaining), Landlord, against (giving the name of the party complained against) Tenant."

R. S. O. 1877, c. 137, s. 10.

11. Service of all papers and proceedings under this Act shall be deemed to have been properly effected if made as required by law, in respect of writs and other proceedings in actions for the recovery of land. R. S. O. 1877, c. 137, s. 11.