years, and was last

D. C. (or has not been occupied for occupied by N.,) and the said A. B., alleging that by Deed of entered into by D. E. of on the

at

before F. G., Notary, a hypothec was constituted

upon the said immoveable hereinabove described, for the sum of claims from the present proprietor of the said due to him for

immoveable the sum of

The said A. B further alleges that the present proprietor of the said immoveable is unknown (or uncertain) and that the known proprietors since the date of the said Deed of

N. G. and F.

,

have been

Notice is therefore given to the proprietor of the immoveable to appear before this Court within two months, to be reckoned from the fourth publication of this present notice, to answer to the demande of the said A. B., failing which, the Court will order that the said immoveable be sold by Sheriff's sale (decrét).

First insertion.

H. P. Prothonotary.

SCHEDULE B.

Form of Writ for sale of the immoveable.

To the Sheriff of the District of

Whereas the following notice hath been given in conformity with the Act to facilitate the sale of immoveables charged with hypothecs in cases in which the proprietor thereof is unknown or uncertain (recite the notice); and whereas judgment was rendered on the day of , ordering the sale of the immoveable described in the said notice, you are hereby enjoined to make the ordinary announcements thereof and to sell the said immoveable in order to the payment to the said A. B., of the sum of taxed costs, and you, will make a return of this Writ and of the oppositions which shall have been placed in your hands, on the

and

Attest, A. F.,

Judge.

SCHEDULE C.

H. P.

Form of Appearance.

I, B. C., appear to answer to the petition of A. B., as proprietor of the immoveable described in the said petition, in virtue of (state in virtue of what title you are proprietor, and

give the dates of the Acts or Deeds in virtue of which you are such proprietor.)

List of sums remaining unadjudged in the hands of the Prothonotary of the Superior Court for the District of

in virtue of the Act to facilitate the sale of immoveables charged with hypothecs in cases in which the proprietor thereof is unknown or uncertain.

. Hundred pounds balance of the proceeds of the sale of an
immoveable situate at
in the District of
(repeat the description as given in the notice) sold upon the
petition of
for a hypothec stipulated by C. B.;-last
known occupier A. F., known proprietors, C. L., H. F.

H. P.,
Prothonotary.

Preamble.

Attachment before judg ment may

issue in cases not less than

under £10 and

£1 5s. Od.

CAP. CVII.

An Act to enable creditors to attach the effects of debtors before Judgment, in cases under ten pounds.

[Assented to 30th May, 1855.] WHEREAS debtors by secreting their effects and by abs

conding, often evade the payment of their just debts, in cases where their indebtedness is less than ten pounds, and it is expedient to provide a remedy: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

I. Process of attachment, arrêt simple or saisie arrét, prior to trial and judgment, may issue from the Circuit Court in Lower Canada, in all cases under ten pounds and not less than one pound and five shillings, currency, and from the Commissioners' Courts in Lower Canada, in all cases within their upon affidavit Jurisdiction, and for a sum not less than one pound and five shillings, currency, upon the affidavit of the plaintiff or his agent to the effect that the debtor is secreting or about to secrete his estate, debts and effects, or is about to abscond, such affidavit to be conformable to the laws now in force in Lower Canada, with reference to cases exceeding ten pounds currency.

as in cases over £10.

quired affida

II. The Clerk of the Circuit Court in and for any Circuit, Clerks of and the Clerk of any Commissioners' Court, or any person au- Courts may thorized by law to act as such Clerk, shall have power and receive the reauthority to receive the necessary affidavits and to issue such vit. writs of attachment, arrêt simple or saisie arrêt, in the same manner as by law the Clerks of the said Circuit Court might heretofore do in cases exceeding ten pounds currency; Pro- Proviso: vided however, that nothing herein contained shall prevent Judge or Comany Judge of the Superior Court or any Circuit Judge, or any Commissioner of small causes, from receiving such affidavit ceive it. upon which to issue such writs of attachment as aforesaid; and the said Judges and Commissioners are hereby empowered to administer the necessary oaths and receive the said affidavits, and grant a fiat or order for any such writs, returnable into the said Circuit Court and Commissioners' Court respectively, to be therein heard, tried and determined, according to law and the course and practice of the said Courts respectively.

missioner also re

may

taxed.

III. The additional costs of issuing and executing such Costs under writs of attachment as hereinbefore provided for, shall be taxed this Act, how by the Judges holding the Court wherein the said proceedings are had, at such sum as shall in their discretion seem reasonable, subject always to the provisions of any tariff now in force or hereafter to be adopted in reference to such cases; and the Costs in Comcosts of such writs and proceedings in the Commissioners' missioners' Courts shall be the same as in cases of seizure on writs of Courts. execution issuing from the said Courts.

IV. This Act shall apply to Lower Canada only.

CAP. CVIII.

An Act to repeal certain Acts and to consolidate the laws relating to Lessors and Lessees.

W

[Assented to 30th May, 1855.]

Extent of Act.

HEREAS it is expedient to reform and consolidate the Preamble. Acts and Ordinances regulating the rights of Lessors and Lessees: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, as follows:

I. The Act of the Parliament of Lower Canada passed in the Repeal of prethird year of the reign of King William the Fourth, intituled, sent Acts. An Act to regulate the exercise of certain rights of Lessors and L. C., 3 W. 4, Lessees, the Ordinance of the Special Council for the affairs of c. 1.

Lower

17.

47.

Lower Canada, passed in the second year of Her Majesty's L. C., 2 V. c. Reign, intituled, An Ordinance to amend and continue the Act to regulate the exercise of certain rights of Lessors and Lessees, and the Act of the Parliament of this Province passed in the sixteenth C. 16 V. c. 200. year of Her Majesty's Reign, intituled, An Act to amend the Act to regulate the exercise of certain rights of Lessors and Lessees in Lower Canada, are hereby repealed.

Rights of ac tion of the Lessor as regards

Not garnish.

*ing.

Waste.

Using for un

II. The Lessor or Proprietor shall have a right of action under this Act

1. To rescind the lease, when the tenant fails to garnish the house, tenement, farm or premises leased with sufficient furniture or stock to secure the rent as required by law;

2. To rescind the lease, when the tenant commits waste upon the premises leased;

3. To rescind the lease, when the tenant uses the premises due purposes. leased for illegal purposes, or contrary to the evident intent for which the same are leased;

4. To recover possession of the property leased in all cases when there is a cause for rescision of the lease, and when the tenant shall continue in possession of the premises leased, against the will of the proprietor or lessor after the expiration of the lease, or without paying the rent according to the stipula tions of the lease, when a lease exists, or according to the sixteenth section of this Act when there is no lease;

Damages for 5. To recover damages arising from a violation of an agree contravening ment of lease, or of the legal obligations arising from the relation of lessor and lessee;

lease or law.

Recovery of

rent.

Right of action of Lessee as regardsRepairs.

6. To join with any action to enforce the aforesaid remedies, a demande for rent due, or to which the lessor or proprietor is entitled, with or without attachment (saisie gagerie,) and to exercise the droit de suite when necessary.

III. The Lessee shall have the right of action

1. To compel the proprietor or lessor to make the repairs and ameliorations stipulated in the lease, or incumbent upon him by law, of the property leased, and to obtain power to make such repairs at the expense of such proprietor, or if such lessee shall so declare his option, to have a rescision of the lease in default of such repairs and ameliorations being made;

Damages for 2. For the recovery of damages arising out of an agreement contravening of lease, or of the relation of lessor and lessee;

lease or law.

Rescision for lease.

3. For the rescision of a lease for a breach of the contract on the part of the lessor, or a failure to perform the obligations devolving upon him by law.

IV. Any tenant sued under this Act shall be permitted to Defence under urge any matters in defence, that he could do, if sued under the this Act. ordinary process of law.

V. Actions under this Act shall be instituted in the usual In what Court manner in the Superior and Circuit Courts, and the annual suit may be brought under value or rent of the property leased shall determine the jurisdic- this Act. tion of the Court, whatever may be the amount of damages and rent sued for.

VI. Any judge of the Superior Court in vacation, shall have Powers of and exercise on any juridical day, all the powers of the Su- Judges in Superior Court in term, in all suits instituted in such Court under perior Court in vacation. this Act.

VII. Any judge of the Superior or Circuit Court shall have of Circuit the same power in vacation as in term of the Circuit Court, to Court in vacahear and determine suits under this Act.

tion.

VIII. It shall be competent for the Court or Judge, as the To what such case may be, to hear and determine all cases arising under this powers shall Act, or growing out of the relation of lessor or lessee, and extend. award costs and every process necessary to enforce Judgment.

IX. Writs of summons, attachment and execution, shall be By whom directed to and executed by the officers to whom the like writs Writs shall be in other cases in the Superior and Circuit Courts are directed executed. and executed, except writs of possession issuing in the Circuit Court in any suit under this Act, which last mentioned writs shall be directed to and executed by a Bailiff of the Superior Court.

out in suits

X. It shall be lawful in any action brought under this Act, Arrêt simple with which a demande for rent is joined, to sue out a writ of saisie may be taken arret or arrêt simple founded upon affidavit according to law, for rent: priand any moveables seized under such writs which have been vilege on used to furnish the property leased, if seized upon the premises goods seized. leased, or after their removal, but within eight days thereafter, shall be sold subject to the privilege of rent, in the same manner as if seized by saisie gagerie.

summons.

XI. One clear day between service of summons and return Delay between in any suit under this Act, shall be sufficient when the place service and of service is within five leagues from the sitting of the Court, and an additional delay of one day for every additional five leagues.

XII. If the Defendant does not appear on the day of the re- Default. turn of the writ of summons, and before noon of the said day, default shall be recorded against him, and the Plaintiff shall be permitted to proceed ex parte; if the Defendant appears, he pleading after shall be held to plead in writing before noon of the next appearance.

Delay for

34

juridical