CHAPTER 111. An Act to Provide that the English Language shall be the Official Language of the Province of Manitoba. ENGLISH LANGUAGE MADE the OffiCIAL LANGUAGE s. 1. S. 2. H ER MAJESTY, by and with the advice and consent of language. 1. Any statute or law to the contrary notwithstanding, English the English language only shall be used in the records and official journals of the House of Assembly for the Province of Manitoba, and in any pleadings or process in or issuing from any Court in the Province of Manitoba. The Acts of the Legis- Statutes. lature of the Province of Manitoba need only be printed and published in the English language. 53 V. c. 14, s. 1. 2. This Act shall only apply so far as this Legislature has Act to apply jurisdiction so to enact. 53 V. c. 14, s. 2, part. only within jurisdiction of Legislature. Short title. CHAPTER 112. An Act Respecting Overholding Tenants, and the H' ER MAJESTY, by and with the advice and consent of the SHORT TITLE. 1. This Act may be cited as "The Overholding Tenants Act." C. S. M. c. 54, s. 13. INTERPRETATION, Interpretation. "Tenant.' “Landlord." 2. In this Act unless the context otherwise requires.— (a.) The expression "tenant means and includes an occupant, a sub-tenant, an under tenant, and his and their assigns and legal representatives; (b.) The expression "landlord" means and includes the lessor, owner or party giving or permitting the occupation of the premises in question, and the person entitled to the pos session thereof, and his and their heirs and assigns and legal representatives. C. S. M. c. 54, s. 11. EVICTION OF OVERHOLDING TENANTS. Application to the Court of overholding 3. In case a tenant, after his lease or right of occupation, made to whether created by writing or by verbal agreement, has ex- any Judge of pired or been determined, either by the landlord or by the Q. B. againt tenant, by a notice to quit or notice pursuant to a proviso in tenant upon any lease or agreement in that behalf, or has been determined affidavit. by any other act whereby a tenancy or right of occupancy may be 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 any Judge of Her Majesty's Court of Queen's Bench for Manitoba, whether in term or in vacation, and wherever such Judge may then be, 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 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 such refusal, if any were given, adding such explanation in regard to the ground of such 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. C. S. M. c. 54, s. 1. appoint time inquiry. 4. If upon such application it appear to such Judge that Judge may the tenant wrongfully holds without color of right, and that and place for the landlord is entitled to possession, such Judge shall without delay appoint a time and place at which he will inquire and determine whether or not 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 or not the tenant, without any color of right, holds the possession against the right of the landlord, and whether or not the tenant does wrongfully refuse to go out of possession, having no right to continue in possession or hold otherwise. C. S. M. c. 54, s. 2. to be served 3. Notice in writing of the time and place so appointed by Notice thereof the Judge for holding such inquiry shall be, by the landlord, on tenant. served upon the tenant or left at his usual place of abode at least three days before the day so appointed, if the place so appointed be not more than twenty miles from the tenant's default of appearance. In case of appearance. place of abode, and one day in addition for every twenty miles above the first, 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 all the papers attached thereto or filed with the application. C. S. M. c. 54, s. 3. Proceedings in 6. If at the time and place appointed as aforesaid the tenant, having been duly notified as above provided, fail to appear,the Judge, if it appear to him that the tenant holds without color 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 appear at such time and place, the Judge shall, in a summary manner, hear the parties and examine into the matter, and shall administer an oath to the witnesses adduced by either party and shall examine them; and if, after such hearing and examination, it appear to the Judge that the case is clearly one coming under the true intent and meaning of the third section of this Act, and that the tenant holds without color of right against the right of the landlord, then he shall order the issue of such writ as aforesaid, otherwise he shall dismiss Proceedings to the case; and the proceedings in any such case shall be transthe records of mitted to and form part of the records of the Court of Queen's Bench at Winnipeg; and the said writ may be in the form or to the effect of the form numbered one or the form numbered two in Schedule A to this Act, according as the tenant is ordered to pay costs or otherwise; and on any such examination the parties shall be competent witnesses. C. S. M. c. 54, s. 4. form part of the Court. Removable by certiorari. 7. Where any such writ has been issued, the said Court may, on motion, before the end of the next term after the issue of such writ, order up the proceedings and evidence in the case, and may examine into the proceedings, and, if it Writ of resti- find cause, may set aside the same, and may, if necessary, order a writ to issue to the sheriff, commanding him to restore the tenant to his possession, in order that the question of right, if the Court shall think expedient, may be tried as in other cases of ejectment. C. S. M. c. 54, s. 5. tution. Judges to make rules. Costs. 8. The Judges of Her Majesty's Court of Queen's Bench for Manitoba, or the majority of them of whom the Chief Justice shall be one, may from time to time make such orders respecting costs in cases under this Act as to them may seem just and any Judge before whom any such case is brought may in his discretion award costs therein, according to any such orders then in force or, in case no such orders be made, according to the scale of costs in like proceedings; or he may award reasonable costs in his discretion to the party entitled thereto; and in case the party complaining be ordered to pay costs, execution may issue out of the said Court for such costs as in other cases in the Court wherein an order is made for the payment of costs. C. S. M. c. 54, s. 6. witnesses. 9. Witnesses may be summoned to attend before the Judge Summoning in any such case in like manner as witnesses are summoned in other cases in the Court, and under like penalties for nonattendance, or refusing to answer, or wilfully swearing falsely in said case. C. S. M. c. 54, s. 7. 9 of weekly or tenants. 10. In the case of tenancies from week to week, and from Notice in case month to month, a week's notice to quit and a month's notice monthly to quit, respectively, ending with the week or the month, as the case may be, shall be deemed sufficient notice to determmine, respectively, a weekly or a monthly tenancy. C. S. M. c. 54, s. 8: 46 and 47 V. c. 45, s. 1. how entitled. 11. The proceedings under the foregoing provisions of this Proceedings. Act may be entitled in the Court of Queen's Bench, "In the matter of (giving the name of the party complaining,) landlord, against (giving the name of the party complained against,) tenant." C. S. M. c. 54, s. 9. papers. 12. Service of all papers and proceedings under the fore- Service of going provisions of this Act shall be deemed to have been properly served, if made as required by law in respect of writs and other proceedings in actions of ejectment. C. S. M. c. 54, s. 10. SUMMARY PROCEEDINGS TO EVICT FOR NON-PAYMENT OF RENT. tenant to pay apply to C. C. order upon 13. In case a tenant fail to pay his rent within three days on refusal of of the time agreed on, and wrongfully refuse or neglect, upon rent, demand demand made in writing, to pay the rent or to deliver up the to be served. premises demised, which demand shall be served upon the tenant or upon some grown-up person upon the premises or, if the premises be vacant, be affixed to the dwelling or other building upon the premises or upon some portion of the fences thereon, the landlord or his agent may apply to the Clerk of Landlord may the County Court of the Judicial Division in which said Judge for premises are situate or partly situate, upon affidavit setting tenant to forth the terms of the demise or occupancy, the amount of deliver up rent in arrear and the time for which it is so in arrear, producing the demand made for the payment of rent or delivery of the possession, and stating the refusal of the tenant to pay the rent or to deliver up possession, and the answer of said? tenant if any answer were made, and that the tenant has no right of set-off or reason for withholding possession; and upon such filing the Clerk shall cause to be issued from the said County Court a summons calling upon such tenant, three days 30--A premises. |