trained.

conveyed from any demised premises are placed or kept in CHAP. 172. any house, barn, stable, outhouse, yard, close, or place, up may be dislocked up or otherwise secured, so as to prevent such goods from being taken as a distress for rent in arrear and due, it shall be lawful for the landlord, or lessor, or the agents or servants of either, to take as a distress for rent such goods.

stable to aid.

(2.) In such case he or they shall call to their assistance May call cona constable for the city, town, or county in which the goods are suspected to be so placed or kept, and such constable is required to aid and assist in such taking.

break open such

(3.) It shall be lawful for them, in the daytime, to In day time may break open and enter into such house, barn, stable, house, &c. outhouse, yard, close and place, and take such goods for the rent so due and in arrear.

DISTRESS AFTER DETERMINATION OF TERM,

for within six

termination of

13. Rent in arrear and due upon a lease for life or Rent distrained lives, or for years or at will, ended or determined, may be months after dedistrained for after such determination in the same way lease in certain as if such lease was not ended or determined, if such cases, distress is 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 rent is due. R. S., c. 125, s. 17.

rent due de

what cases.

14. The executor or administrator of a landlord may Executors, &c., distrain upon land demised for a term or at will, for rent may distrain for due in his lifetime, and such rent may be distrained for ceased, and in after the determination of such term or lease at will, in the same manner as if such term or lease had not been ended or determined; but the distress in such case shall be made within six months next after the determination of such term or lease, and during the continuance of the possession of the tenant from whom such rent is due. R. S., c. 125, s. 18.

PROTECTION OF GOODS OF LODGERS FROM DISTRESS.

levies

landlord
on or

ger, procedure

relief.

15.--(1.) If a superior landlord levies a distress on any In case superior furniture, goods, or chattels of any lodger for any rent due on goods and in arrear to such superior landlord by his immediate chattels of lodtenant, such lodger may serve such superior landlord, or by lodger for the bailiff, or other person employed by him to levy such distress, with a declaration in writing made by such lodger, setting forth that such 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 lodger, and also setting forth whether any and what amount, by way of rent,

CHAP. 172. board, or otherwise, is due, and for what period, from such lodger to his immediate landlord.

Payment by lodger, when

(2.) To such declaration shall be annexed a correct inventory, subscribed by the lodger, of the furniture, goods, and chattels referred to in the declaration.

(3.) Such lodger may pay to the superior landlord, or to the bailiff, or other person employed by him, the amount, if any, so due, or so much thereof as is sufficient to discharge the claim of such superior landlord.

(4.) Any such payment made by such lodger shall be deemed valid. deemed a valid payment on account of any such amount due from him to his immediate landlord.

After service of declaration and inventory by lodger on superior landlord and payment of rent, if said landlord proceeds, deemed

distress.

(5.) If any superior landlord, or any bailiff, or other person employed by him, after being served with such declaration and inventory, and after the lodger has paid or tendered to such superior landlord, bailiff, or other person, the amount, if any, which such lodger is herein guilty of illegal authorized to pay, levies or proceeds with a distress on the furniture, goods, or chattels of the lodger, superior landlord, bailiff, or other person, shall be deemed guilty of an illegal distress; and the lodger may apply to the county court judge of the district in which the furniture, goods, and chattels so levied on are, for an order for the restoration of such furniture, goods, and chattels.

Lodger may apply to court.

Application to

be heard by and order made.

Penalty for false declaration, &c.

Notice to quit on yearly, monthly,

such

(6.) Such application shall be heard before the county court judge, who shall inquire into the truth of such declaration and inventory, and shall make such order for the recovery of the furniture, goods, or chattels, or otherwise, as to him seems just; and the superior landlord shall also be liable to an action at law at the suit of the lodger, in which action the truth of the declaration and inventory may likewise be inquired into.

(7.) If any lodger makes or subscribes such declaration and inventory, knowing the same or either of them to be untrue in any material particular, he shall be liable to a penalty of not more than fifty dollars, and in default of payment thereof to imprisonment for a period not exceeding six months. R. S., c. 125, ss. 6, 7, 8.

NOTICE TO QUIT.

16. (1.) Notice to quit any house or tenement shall

or weekly ten be given to or by the tenant thereof,

ancies.

(a) if the house or tenement is let from year to year, at least three months before the expiration of any such year;

(b) if from month to month, at least one month before the expiration of any such month;

(c) if from week to week, at least one week before CHAP. 172. the expiration of any such week.

(2.) Such notice shall be sufficient although the day on which the tenancy terminates is not named therein. R. S. c. 125, s. 1.

RECOVERY FOR USE AND OCCUPATION.

recover for use

used as evidence

17. Any landlord may recover, in an action at law, a Landlord may reasonable satisfaction and compensation for the use and and occupation, occupation of any land or tenement by any person under what may be any agreement not made by deed; and if any parol demise of damages. or other agreement, not being by deed, by which a certain rent is reserved, appears in evidence on the trial of any such action, the plaintiff shall not on that account be debarred from a recovery, but the same may be made use of as evidence of the amount of the damages to be recovered. R. S., c. 125, s. 22.

PAYMENT OF RENT BY EXECUTION CREDITOR.

or Goods not liable of under attach of ment or execu

to be removed

18.-(1.) No goods, being upon any messuage tenement leased, shall be liable to be taken by virtue any attachment or execution, unless, before removal such goods from off the premises, the person at whose the attachment or execution is sued out pays to landlord, or his bailiff, at least one year's rent of such or tenement, if so much is in arrear and due; and if the rent is not actually due, then a ratable part thereof up to the levy of the attachment or execution.

tion till rent

suit paid; but not the year's amount, land

to exceed one

&c.

proceed on pay

rent.

(2.) If the rent so in arrear and due exceeds one year's Creditor may rent of the premises, then upon payment to the landlord, ing one year's or his bailiff, of one year's rent, the attaching or execution creditor may proceed with such attachment or execution; and the sheriff, his deputy, or other officer shall levy and pay to the attaching or execution creditor, as well the money so paid for rent as the amount directed to be attached or levied under the attachment or execution. R. S., c. 125, s. 14.

RECOVERY OF RENT ON LEASE FOR LIFE.

upon a lease for

19. Rent in arrear and due upon a lease for life or Rent reserved lives, may be recovered by action in the same way as if life recovered as reserved upon a lease for years. R. S., c. 125, s. 16.

in other cases.

CHAP. 173.

Warrants issued in case of forci

ble entry and party held to

detainer, and

bail,

Warrant may not issue if per

1.

CHAPTER 173.

OF FORCIBLE ENTRY AND DETAINER.

In cases of wrongful and forcible entry into lands, and in cases of wrongful detainer, or withholding with force after possession demanded, or when entry is made on lands, or into houses, or buildings, and the possession is. withheld from the person entitled for seven days after notice to leave and possession demanded, any two justices. residing in the city, town, or place in which the 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 finds security for his appearance to answer such complaint at the next sittings of the county court in the county, and to pay the costs of the proceedings if adjudged against him; if he does not find security, the cause shall nevertheless proceed, and such complaint, and all proceedings before such justices, shall be forthwith filed by them with the clerk of the county court for such county, or the local deputy clerk. R. S., c. 126, s. 1.

2.--(1.) No such warrant shall issue where the person son three years complained of, or the person under whom he claims, has been in quiet possession for three years next before the making of the complaint.

in possession.

If more than one

place for sittings,

trial.

(2.) Where there is more than one place in the county nearest place for fixed for the sittings of the court, the security shall be conditioned for the defendant's appearance at the next sittings at the place nearest to such town or place by the usual route of travel. R. S., c. 126, s. 2.

Pleadings in.

Case to be tried

as civil action,

3. (1.) The plaintiff shall file and serve his complaint, briefly stated; and the defendant shall, within fourteen days thereafter, file and serve a statement of defence, briefly stated.

(2.) The cause shall be tried as a civil action: and if the writ of posses complaint is proved to the satisfaction of the court, a writ possession given of possession shall issue, and the party complaining be put within ten days. in possession of the land and premises within ten days

sion, award and

damages or or

thereafter.

Court may award (3.) The court shall have power, at the same time, to der same to be award damages for such forcible entry, but the court may, tried or assessed if it thinks fit, order that the cause shall be tried, or the

by jury. damages be assessed by a jury. R. S., c. 126, s. 3.

CHAPTER 174.

OF OVERHOLDING TENANTS.

CHAP. 174.

1. This Chapter may be cited as "The Overholding Short title. Tenants' Act."

2. In this Chapter, unless the context otherwise Interpretation. requires,--

(a) the expression "tenant" means and includes an "Tenant." occupant, a sub-tenant, under-tenant, and his and

their assigns and legal representatives;

may be made against over

(b) the expression " landlord " means and includes the "Landlord." 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. 3.-(1.) If a tenant, after his lease or right of occupation, Application to whether created by writing or by verbal agreement, has county courte expired or been determined, either by the landlord or by holding tenant. 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, upon affidavit, to the judge of the county court of the district in which the land lies, and wherever such judge then is, to make an inquiry as is hereinafter provided for.

time and place

(2.) Such judge shall, in writing, appoint a time and Judge to appoint place at which he will inquire and determine whether the for determining person complained of was tenant to the complainant for a matter. term or period which has expired, or has been determined by a notice to quit, or for default in payment of rent, or otherwise, and whether the tenant 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. 1889, c. 9, s. 62 (part).

4.

be served on

Notice in writing of the time and place so appointed Notice thereof to for holding such inquiry, and stating briefly the principal tenant. facts alleged by the landlord to entitle him to possession, shall be served by the landlord 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 tenant's place of abode, and one day in