Journal of the Legislative Council of the Province of Prince Edward Island

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Printer to the King's Most Excellent Majesty, 1829 - Prince Edward Island
 

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Page 30 - ... to recover a reasonable satisfaction for the lands, tenements, or hereditaments, held or occupied by the defendant or defendants, in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of...
Page 30 - ... in an action on the case, for the use and occupation of what was so held or enjoyed ; and if in evidence on the trial of such action any parol demise or any agreement (not being by deed) whereon a certain rent was reserved shall appear, the plaintiff in such action shall not therefore be nonsuited, but may make use thereof as an evidence of the Quantum of the damages to be recovered.
Page 31 - And be it further enacted, that it shall and may be lawful for any Person or Persons having any Rent in arrear or due upon any Lease for life or lives, or for years, or at will, ended or determined, to distrain for such arrears after the determination of the said respective Leases, in the same manner as they might have done if such Lease or Leases had not been determined.
Page 29 - ... shall and may lawfully sell the goods and chattels so distrained for the best price that can be gotten for the same, towards satisfaction of the rent for which the said goods and chattels shall be distrained, and of the charges of such distress, appraisement and sale, leaving the overplus (if any) in the hands of the said sheriff, under-sheriff or constable, for the owner's use.
Page 30 - That it shall be lawful for the landlord, where the agreement is not by deed, to recover a reasonable satisfaction for the lands, tenements or hereditaments held or occupied by the defendant, in an action on the case, for the use and occupation of what was so held or enjoyed...
Page 18 - Battery in which any Question shall arise as to the Title to any Lands, Tenements, or Hereditaments, or any Interest therein or accruing therefrom, or as to any Bankruptcy or Insolvency, or any Execution under the Process of any Court of Justice.
Page 29 - By sect. 2 of that statute it was enacted that "where any goods or chattels shall be distrained for any rent reserved and due upon any demise, lease, or contract whatsoever, and the tenant or owner of the goods so distrained shall not within [five] days next after such distress taken, and notice thereof (with the cause of such taking) left at the chief mansion, house, or other most notorious place on the premises charged with the rent distrained for...
Page 43 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm.
Page 29 - ... tenements whereon such distress was made, enjoyed the same under a grant or demise at such a certain rent, during the time wherein the rent distrained for incurred...
Page 29 - That upon any Pound-breach or Rescous of Goods or Chattels distrained for Rent, the Person or Persons grieved thereby shall, in a special Action upon the Case for the Wrong thereby sustained, recover his and their Treble Damages and Costs of Suit against the Offender or Offenders in any such Rescous or Pound-breach, any or either of them, or against the Owners of the Goods distrained, in case the same be afterwards found to have come to his Use or Possession.

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