done the party aggrieved may cause the party making the said distress or seizure to be summoned before the [District] Court of the judicial district in which the goods and chattels distrained upon or seized or some portion thereof lie and the said court may order the party making the distress or seizure to pay to the party aggrieved treble the amount of moneys taken contrary to the provisions of this Ordinance and the costs of suit. C.O., c. 34, s. 3; 1910 (2nd Session), c. 2, s. 4. rent limited of tenant 4. A landlord shall not distrain for rent on the goods and Distraint for chattels the property of any person except the tenant or person to property who is liable for the rent although the same are found on the premises; but this restriction shall not apply in favour of a Exceptions person claiming title under or by virtue of an execution against the tenant or in favour of any person whose title is derived by purchase, gift, transfer or assignment from the tenant whether absolute 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. C.O., c. 34, s. 4. interest on 5. The right of a mortgagee of land or his assigns to dis- Distress for train for interest in arrear or principal due upon a mortgage mortgage shall notwithstanding anything stated to the contrary in the mortgage or in any agreement relating to the same be limited to the goods and chattels of the mortgagor or his assigns and as to such goods and chattels to such only as are not exempt from seizure under execution. C.O., c. 34, s. 5. 6. Goods distrained for such interest or principal shall not Notice of sale be sold except after such notice as is required to be given by a landlord who sells goods distrained for rent. C.O., c. 34, s. 6. SCHEDULE. 1. Levying distress, $1.00. 2. Man in possession, per day, $1.50. 3. Appraisement, whether by one appraiser or more, two cents on the dollar on the value of goods up to $500, and one per cent. on the dollar for each additional $500 or fraction 15 thereof up to $2,000, and one-half per cent. on all sums over that amount. 4. All reasonable and necessary disbursements for advertising. 5. Catalogue, sale, commission and delivery of goods, three per cent. on the net proceeds of the goods up to $1,000 and one and one-half per cent. thereafter. [6. For mileage for every mile (over two miles) necessarily travelled and sworn to in making any seizure under the authority of any chattel mortgage, bill of sale, or in re-taking possession of goods under a hire receipt, or conditional sale agreement, when the sheriff is employed, from the place where the warrant or authority is received, or from the sheriff's or his bailiff's office (which ever is nearest) to the place of execution of same and return, 10 c.] 1909, c. 4, s. 2. [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 a question as to the amount of the fees to be allowed under this Act may come for decision, are reasonable and necessary.] 1910 (2nd Session), c. 2, s. 4. Magistrate empowered to inquire into cause of fires No inquiry to be held except suspicion CHAPTER 36. An Ordinance respecting the Investigation of Accidents by Fire. THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: 1. Any justice of the peace may subject to the provisions hereinafter contained institute an inquiry into the cause or origin of any fire and whether it was kindled by design or was the result of negligence or accident and act according to the result of such inquiry. C.O., c. 36, s. 1. 2. No justice of the peace shall institute an inquiry into the on reasonable cause or origin of any such fire until a sworn statement in writing has been made before him that there is reasonable suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circumstances as in the interests of justice and for the due protection of property require an investigation nor until such statement having been received by him he has reported the same to the Attorney General and received from the Attorney General authority to make such inquiry. C.O., c. 36, s. 2. Examination of witnesses Penalty for as witness 3. For the purpose of any inquiry under this Ordinance such justice of the peace shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire and shall examine such persons on oath and shall reduce their examinations to writing and return the same to the Attorney General. C.O., c. 36, s. 3. 4. If any person having been duly summoned as a witness not attending to give evidence upon any such inquiry does not after being openly called three times appear and give evidence at such inquiry the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a warrant of distress shall be issued by the justice of the peace to be levied |