or Warrant of Attorney to confess judgment, shall be deemed and taken to be null and void as against the creditors of the party giving the same, and shall be invalid and ineffectual to support any judgment or Writ of Execution. 22 V. c. 96, s. 18.

made by in

or to give pre

18 In case any person being at the time in insolvent Assignments, circumstances or unable to pay his debts in full, or knowing transfers, &c., himself to be on the eve of insolvency, makes or causes to be solvents to made any gift, conveyance, assignment or transfer of any of detent creditors his goods, chattels or effects, or delivers or makes over, or ference, shall be causes to be delivered or made over, any bills, bonds, notes void. or other securities or property, with intent to defeat or delay the creditors of such person, or with intent of giving one or more of the creditors of such person a preference over his other creditors, or over any one or more of such creditors, every such gift, conveyance, assignment, transfer or delivery, shall be null and void as against the creditors of such person; but nothing herein contained shall invalidate or make void any deed of assignment made and executed by any debtor for the purpose of paying and satisfying rateably and proportionably, and without preference or priority, all the creditors of such debtor their just debts; and nothing herein contained shall invalidate or make void any bona fide sale of goods in the ordinary course of trade or calling to innocent purchasers. 22 V. c. 96, s. 19.

&c., to defraud

19. Any person who destroys, alters, mutilates or falsifies Destroying or any of his books, papers, writings or securities, or makes or altering books is privy to the making of any false or fraudulent entry in any creditors, to be book of account or other document, with intent to defraud a misdemeanor. his creditors, or any one or more of them, shall be deemed guilty of a misdemeanor, and on being convicted thereof shall

be liable to be imprisoned in any common gaol for any term Punishment. not exceeding six months, and such offence may be tried before any Court of Oyer and Terminer or General Gaol Delivery. 22 V. c. 96, s. 20.

cealing or dis

tors, to be a misdemeanor.

to defraud cre

20. Any person who makes or causes to be made any Making assigngift, conveyance, assignment, sale, transfer or delivery of any ments or conof his lands, hereditaments, goods or chattels, or who removes, posing of goods conceals, or disposes of any of his goods, chattels, property or effects of any description with intent to defraud his creditors or any of them, and any person who receives such property, real or personal, with such intent, shall be deemed guilty of a misdemeanor, and on being convicted thereof shall be li- Punishment. able to be imprisoned for any term not exceeding twelve months, and to be fined in any sum not exceeding eight hundred dollars; and such offence may be tried before any Court of Oyer and Terminer or General Gaol Delivery. 22 V. c. 96, s. 21.

21. This Act may be known and cited as The Indigent Short Title. Debtor's Act."

CAP.

Call

See also 43-1800

How action to

H

CAP. XXVII.

An Act respecting Ejectment.

TER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows:

1. The action of Ejectment shall be commenced by Writ, be commenced. directed to the person in possession by name, and to all persons entitled to defend the possession of the property claimed, which property shall be described in the Writ with reasonable certainty. 19 V. c. 43, s. 220.

Contents of
Writ.

Teste and out

of what office
to issue.

Duration and
contents of.

Notice of plain

attached to the

Writ.

WRIT.

2. The Writ shall state the names of all the persons in whom the title is alleged to be, and shall command the persons to whom it is directed, to appear in the Court from which it is issued, within sixteen days after service thereof, to defend the possession of the property sued for, or such part thereof as they may think fit, and it shall contain a notice that in default of appearance they will be turned out of possession.

3. The Writ shall bear teste of the day on which it issues, and shall be issued out of the proper office in the County wherein the lands lie, and shall be in force for three months, and shall be in the form No. 1, or to the like effect, and the name and abode of the Attorney issuing the same or (if no Attorney) the name and residence of the party shall be endorsed thereon, in like manner as the endorsements on Writs of Summons in a personal action, and the same proceedings may be had to ascertain whether the Writ was issued by the authority of the Attorney whose name appears indorsed thereon, and who and what the Claimants are, and their abode, and as to staying the proceedings upon Writs issued without authority, as in the case of Writs in personal actions. 19 V. c. 43, s. 221.

NOTICE.

4. To the Writ and to every copy thereof served on any tiffs' title to be party, shall be attached a notice of the nature of the title intended to be set up by the Claimant, as for example, by grant from the Crown, or by deed, lease or other conveyance derived from or under the grantee of the Crown, or by marriage, descent or devise, stating to or from whom, or by length of possession, or otherwise, according to the nature of the Claimant's title, stating it with reasonable certainty. 19 V. c. 43, s. 222.

Such notice

5. Such notice shall not contain more than one mode in which limited to one title is set up, without leave of the Court or a Judge, and at the trial the Claimant shall be confined to proof of the title set up in

claim of title.

the

the notice; But the Claimant shall not be required to set out in such notice the date or particular content of any Letter Patent, Deed, Will or other instrument or writing, which shows. or supports his title, or the date of any marriage or death, unless it be specially directed by order of the Court or a Judge. 19 V. c. 43, s. 222.

SERVICE.

6. The Writ shall be served in the same manner as a Service of Writ.. declaration in Ejectment was formerly served, or in such man

ner as the Court or a Judge may order. 19 V. c. 43, s. 223.

7. In case of a vacant possession, service may be by posting if possession a copy of the writ and notice upon the door of the dwelling vacant. house or other conspicuous part of the property. 19 V. c. 43,

s. 223.

APPEARANCE.

notice to be thereupon

8. The persons named as Defendants in the Writ, or any When tenant toof them, may appear within the time appointed; and with the appear and appearance shall file a notice addressed to the Claimant, stating that besides denying the title of the Claimant, the party asserts given. title in himself, or in some other person, (stating who) under whom he claims, and setting forth the mode in which such title is claimed, in like manner, to the same extent, and subject to the same conditions, rules and restrictions as are hereinbefore set forth in respect to the notice of a Claimant's title, and the giving proof thereof at the trial, 19 V. c. 43, s. 224.

9. Any other person not named in the Writ, may, by leave Landlords may of the Court or a Judge, appear and defend, on filing an affi- appear. davit shewing that he is in possession of the land either by himself or his tenant. 19 V. c. 43, s. 225.

10. All appearances shall be entered and all subsequent In what office proceedings conducted in the Office from which the Writ appearance, issued. 19 V. c. 43, s. 226.

and proceedings to be en

tered.

appear.

11. Any person appearing to defend as landlord in respect What landlords. of property whereof he is in possession, in person or by his te- to do if they nant, shall state in his appearance that he appears as landlord, and he may set up any defence which a landlord appearing in an Ejectment has heretofore been allowed to set up, and no other. 19 V. c. 43, s. 227.

DEFENCE.

it notice given

12. Any person appearing to such Writ may limit his de- The defence fence to a part only of the property mentioned therein may be limited describing that part with reasonable certainty in a notice entitled in the Court and cause, and signed by him or his Attorney, which notice must be served within four days after appearance,

upon

It notice too

vague, a letter may be ordered

Defence of per

sons out of

possession may be restrained.

Judgment in case of non

defence for

part only.

upon the Attorney whose name is endorsed on the Writ if any,
and if none, then filed in the proper Office; and an ap-
pearance without such notice confining the defence to a part,
shall be deemed an appearance to defend for the whole.
V. c. 43, s. 228.

19

13. Want of "reasonable certainty" in the description of the property or part of it, in the Writ, or in the notice of defence, or in the notice of the title given by either party, shall not nullify them, but shall only be ground for an application to a Judge for better particulars of the land claimed or defended, or of the title thereto, which a Judge may order in all cases. 19 V. c. 43, s. 229.

14. The Court or a Judge may strike out or confine appearances and defences set up by persons not in possession by themselves or their tenants. 19 V. c. 43, s. 230.

JUDGMENT BY DEFAULT.

15. In case no appearance be entered within the time appointed, or if an appearance be entered, but the defence appearance or be limited to part only, the Plaintiff may sign a Judgment that the person whose title is asserted in the Writ shall recover possession of the land, or of the part thereof to which the defence does not apply, which Judgment if for all may be in the form No. 2, or to the like effect, and if for part, may be in the form No. 3, or to the like effect. 19 V. c. 43, s. 231.

Form of.

ISSUE.

issue.

16. In case If appearance is an appearance be entered, the Claimants or entered,plaintiff their Attorney, may, without any pleadings, make up an issue may make up by setting forth the Writ and stating the fact of the ap pearance with its date, and the notice limiting the defence, if any, of each of the persons defending, so that it may appear for what defence is made, and directing the Sheriff to summon a Jury; and such issue, in case defence is made for the whole, may be in the form No. 4, or to the like effect, and in case defence is made for part, may be in the form No. 3, or to the like effect. 19 V. c. 43, s. 232.

Form of.

Provision res

tions defences

VEXATIOUS DEFENCES.

17. It being desirable in actions of Ejectment brought pecting Vexa- against persons who are merely intruders not to prevent without merits. Claimants from recovering land to which they have just Claim on account of some want of technical form in their title, or some imperfection not affecting the merits of their case and of which mere Strangers to the title having no Claim or colour of legal Claim to the possession should not be permitted to take advantage; the Claimant or his attorney, in any action of

Ejectment,

Ejectment, may serve a notice upon the Defendant in words or to the effect following:

Take notice that I claim the premises for which this action Form of notice. is brought as the bonâ fide purchaser thereof, from A. B.

or as heir at law of A. B., of

(or otherwise, as the case may be,) and that you will be required to show upon the trial of this cause what legal right you have to the possession of the premises. 4 W. 4, c. 1, s. 52.

title aided,

18. If upon the trial of such Ejectment, the evidence of title Formal defects given by the Claimant satisfies the Court and Jury that in plaintiff's he is entitled in justice to be regarded as the proprietor of the when and how. land, or is entitled to the immediate possession thereof for any term of years, but that he cannot shew a perfect legal title by reason of some want of legal form in some instrument produced, or by reason of the defective registration of some will or instrument produced, or from any cause not within the power of the Claimant to remedy by using due diligence, the Jury, under the direction of the Court, may find a verdict for the Claimant, unless the Defendant, or his counsel, upon being required by the other party so to do, gives such evidence of title as shews that he is the person legally entitled, or that he does bona fide claim to be the person legally entitled to the land, by reason of the defect in the title of the Claimant, or that he holds, or does bonú fide claim to hold, under the person so entitled.

rendered under

19. When a verdict is rendered under the authority of the The verdict to foregoing provision, it shall be endorsed as given under the be endorsed as seventeenth and eighteenth sections of this Act, and it shall be this Act. stated in the postea and entry of the judgment to have been so given; and in any action thereafter brought for the mesne profits, such judgment in Ejectment shall not be evidence to entitle the Claimant to recover. 4 W. 4, c. 1, s. 52.

SPECIAL CASES.

20. By consent of the parties and by leave special case may be stated as in other actions.

233.

QUESTIONS OF FACT.

of a Judge, a A special case 19 V. c. 43, s. may be stated.

upon.

21. If no special case be agreed to, the Claimants may Questions to be proceed to trial in the same manner as in other actions, and the tried if no speparticulars of the claim and defence and of the notices of Claicial case agreed mant and Defendant of their respective titles, if any, or copies thereof, shall be annexed to the record by the Claimants; and except in the cases hereinafter mentioned, the question at the trial shall be whether the statement in the Writ of the title of the Claimants is true or false, and if true, then which of the Claimants is entitled, and whether to the whole or part, and part, then to which part of the property in question; and

if to

T

the