Confirmation of past sales. 26. In case of any sale of land made prior to the first day of January, 1912, by an executor or administrator without having had such sale approved of by the proper person appointed for that purpose by any Act of this Legislature, the registrar-general is hereby authorized, if he shall think proper to do so, to confirm any such sale upon such terms as he may order, and such sale when so confirmed shall be as fully valid as if it had been approved of by such proper person at the time the sale was made, and all such sales heretofore approved of by the registrar-general are hereby confirmed and declared valid. 10 Ed. 7, c. 19, s. 3; 3 Geo. 5, c. 16, s. 1. 27. Such of the provisions of sections 21 and 25 as are not merely declaratory of what the law was prior to the sixteenth day of March, 1906, shall not be retroactive so as to affect any rights conferred before that date. 5-6 Ed. 7, c. 21, s. 2. CHAPTER 55. An Act respecting Distress and Extra Judicial Seizures. HIS IS MAJESTY, by and with the advice and consent of follows: 1. This Act may be cited as "The Distress Act." R.S.M. c. 49, s. 1. DISTRESS. can only dis 2. The right of mortgagees to distrain for interest due Mortgagee upon mortgages shall be limited to the goods and chattels of train mortthe mortgagor only, and as to such goods and chattels to such only as are not exempt from seizure under execution. R.S.M. c. 49, s. 2. gagor's goods for interest. preference tions, etc., limited. 3. Except as otherwise provided by "The County Courts Landlord's Act," no person shall be at liberty to claim as against any over execuwrit of execution or writ or order of attachment issued out and right of any court of this Province, or to distrain as against the of distress tenant or any other person, for more than three months' arrears of rent where the same is payable quarterly or more frequently, nor for more than one year's arrears where the same is payable less frequently than quarterly. R.S.M. c. 49, s. 3. sections do 4. Nothing contained in the last two preceding sections Two last shall apply to or in any way affect any leases entered into not apply to or mortgages made before the twenty-ninth day of April in the year 1884. R.S.M. c. 49, s. 4. old leases. tress limited to certain 5. A landlord shall not distrain for rent on goods and Right of rent chattels the property of any person except the tenant or goods of person who is liable for the rent, although the same are found tenant with on the premises; but this restriction shall not apply to crops exceptions. or grain in favor of a person claiming title under or by virtue of an execution or attachment against the tenant, or in favor of any person whose title is derived by purchase, gift, transfer or assignment from the tenant, whether abso lute or in trust, or by way of mortgage or otherwise, nor to the interest of the tenant in any goods on the premises in the possession of the tenant under a contract for purchase or by which he may or is to become the owner thereof upon performance of any condition, nor where goods have been exchanged between two tenants or persons by the one borrowing or hiring from the other for the purpose of defeating the claim of, or the right of distress by, the landlord; nor shall the restriction apply where the property is claimed by the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant, or by any other relative of his in case such other relative lives on the premises as a member of the tenant's family; nor shall such restriction apply in favor of any person whose title is derived by purchase, gift, transfer or assignment, whether absolute or in trust, or by way of mortgage or otherwise, from the wife, husband, daughter, son, daughter-in-law or son-in-law of the tenant, or from any other relative of his in case such other relative lives on the premises as a member of the tenant's family. R.S.M. c. 49, s. 5, part. Party making distress of demand, etc. Costs of dis tress for rent to be as in schedule A. Costs of seizure under COSTS OF DISTRESS AND SEIZURE. 6. Every person who makes and levies any distress shall give a copy of demand and of all costs and charges of the distress, signed by him, to the person on whose goods and chattels the distress is levied. R.S.M. c. 49, s. 6. 7. No person whosoever making any distress for rent, nor any person whosoever employed in any manner in making such distress or doing any act whatsoever in the course of such distress or for carrying the same into effect, shall have, take or receive out of the proceeds of the goods and chattels distrained upon and sold, or from the tenant distrained on, or from the landlord, or from any other person whomsoever, any other or more costs and charges, for and in respect of such distress or any matter or thing done therein, than such as are fixed in schedule A to this Act and applicable to each proceeding which shall have been taken in the course of such distress, and no person or persons whosoever shall make any charge whatsoever for any act, matter or thing mentioned in this Act, or in the said schedule, unless such act, matter or thing shall have been really performed or done. R.S.M. c. 49, s. 7. 8. No person whosoever making any seizure under the chattel mort- authority of any chattel mortgage or bill of sale, or any other extra judicial process whatsoever, nor any person whosoever, gages, etc. DISTRESS AND JUDICIAL SEizures. CAP. 55 employed in any manner in making such seizure or doing any act whatsoever in the course of such seizure or for carrying the same into effect, shall have, take or receive out of the proceeds of the goods and chattels seized and sold, or from the person against whom the seizure may be directed, or from any other person whomsoever, any other or more costs and charges for and in respect of such seizure or any matter or thing done therein or thereunder, than such as are fixed in schedule A to this Act and applicable to each act which shall have been done in course of such seizure, and no person or persons whosoever shall make any charge whatsoever for any act, matter or thing mentioned in the said schedule, unless such act, matter or thing shall have been really performed or done. R.S.M. c. 49, s. 8. overcharging. 9. If any person making any distress or seizure referred Penalty for to in either of the two next preceding sections shall take or receive any other or greater costs than are set down in the said schedule or make any charge whatsoever for any act, matter or thing mentioned in the said schedule and not really done or performed, the party aggrieved may cause the party making the said distress or seizure to be summoned before the judge of the County Court of the judicial division in which the goods and chattels distrained upon or seized, or some portion thereof, lie, and the said judge may order the party making the distress or seizure to pay the party aggrieved treble the amount of the moneys taken contrary to the provisions of this Act and the costs of said summons; and in default of immediate payment of said moneys, together with costs as aforesaid, the judge may order execution to be issued against the goods and chattels of the party ordered to pay the said moneys. R.S.M. c. 49, s. 9. 10. Nothing contained in this Act shall invalidate any Agreement express agreement entered into for the object of varying the protected. fees set down in the schedule to this Act. R.S.M. c. 49, s. 10. to have sent when 11. No sheriff, under-sheriff or constable need be present Unnecessary or assist at any distress or seizure for rent. For the purpose officials preof sale the goods and chattels shall, at the request in writing distress is of the tenant or owner of such goods and chattels, be removed made. to a public auction room or to some other fit and proper place Removal of specified in such request and be there sold. The costs and purpose of expenses attending such removal, and any damage to the goods and chattels arising therefrom, shall be borne and paid by the person requesting the removal. 10 Ed. 7, c. 20, s. 1. goods for sale. Expenses of removal. SCHEDULE. The following is the schedule referred to in this Act: SCHEDULE A.-(SECTIONS 7, 8.) TARIFF OF FEES. (1.) Levying distress, one dollar ($1.00); (2.) Man in possession, per day, one dollar and fifty cents ($1.50); (3.) Appraisement, whether by one appraiser or more, two cents on the dollar on the value of the goods up to one thousand dollars, and one, cent on the dollar for each additional one thousand dollars or portion thereof; (4.) All reasonable and necessary disbursements for advertising; (5.) Catalogue, sale, commission and delivery of goods, five per cent. on the net proceeds of the goods up to one thousand dollars, and two and one-half per cent. thereafter; (6.) Mileage in going to seize, fifteen cents per mile one way; (7.) All necessary and reasonable disbursements for removing and storing goods and removing and keeping live stock, and all other disbursements which, in the opinion of the judge before whom any question as to the amount of the fees to be allowed under this Act may come for decision, are reasonable and necessary. R.S.M. c. 49, sch. A. |