Section 3 (3) (d) BEFORE amended by 2011-25-437, effective November 24, 2011 (Royal Assent).
(d) if 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 the tenant, if the other relative lives on the premises as a member of the tenant's family, or by a person whose title is derived by purchase, gift, transfer or assignment from a relative to whom the restriction does not apply.
Section 3 (1) definition of "tenant" BEFORE amended by 2023-10-989(a), effective March 30, 2023 (Royal Assent).
"tenant" includes, subject to section 4, a subtenant, the assign of the tenant or any person in actual occupation of the premises under or with the assent of the tenant during the currency of the lease, or while the rent is due or in arrears, whether or not he or she has attorned to or become the tenant of the landlord.
Section 3 (3) (d) BEFORE amended by 2023-10-989(b), effective March 30, 2023 (Royal Assent).
(d) if the property is claimed by the spouse, daughter, son, daughter in law or son in law of the tenant, or by any other relative of the tenant, if the other relative lives on the premises as a member of the tenant's family, or by a person whose title is derived by purchase, gift, transfer or assignment from a relative to whom the restriction does not apply.
Section 3 (6) (a) BEFORE amended by 2023-10-989(c), effective March 30, 2023 (Royal Assent).
(a) the owner of the property makes a statutory declaration containing an inventory of the property and alleging that it is his or her property and that the person who is liable for the rent has no right or interest in the property,
Section 4 (1) (part) and (2) BEFORE amended by 2023-10-990, effective March 30, 2023 (Royal Assent).
(1) If a superior landlord levies, or authorizes to be levied, distress on personal property of a boarder or lodger for arrears of rent due to the superior landlord by his or her immediate tenant, the boarder or lodger may serve the superior landlord, or the bailiff or other person employed by him or her to levy the distress, with an affidavit, made by the boarder or lodger, setting out the following:
(2) The boarder or lodger may pay to the superior landlord, or to the bailiff or other person employed by him or her, the amount, if any, due or as much as is sufficient to discharge the claim of the superior landlord.
Section 5 (part) BEFORE amended by 2023-10-991, effective March 30, 2023 (Royal Assent).
5 If, after being served with the affidavit and inventory, and after the boarder or lodger has paid or tendered to the superior landlord, bailiff, or other person employed by him or her the amount, if any, which by section 4 the boarder or lodger is authorized to pay, the superior landlord, bailiff or other person levies or proceeds with distress on the property of the boarder or lodger,
Section 9 BEFORE amended by 2023-10-993, effective March 30, 2023 (Royal Assent).
Triple damages for pound breach
9 On pound breach or rescue of personal property distrained for rent, the person aggrieved is entitled to recover triple damages and costs of action against the offender, or against the owner of the property distrained, if the property later comes into his or her possession.
Section 10 BEFORE amended by 2023-10-994, effective March 30, 2023 (Royal Assent).
Double damage and costs against wrongful distress
10 If distress and sale is made for rent alleged to be due, and no rent is due to the person distraining, or to the person in whose name or right the distress is taken, then the owner of the property distrained and sold, or his or her personal representatives, may, by proceeding against the person distraining, or the personal representatives, recover double the value of the property distrained and sold, together with full costs of the proceedings.
Section 11 BEFORE amended by 2023-10-995, effective March 30, 2023 (Royal Assent).
Landlord may distrain and sell property fraudulently carried off the premises
11 If a tenant or lessee of land, the rent of which is due, fraudulently or clandestinely takes from the premises his or her personal property, to prevent the landlord or lessor from distraining it for arrears of rent, the landlord or lessor, or any person lawfully empowered by the landlord or lessor for that purpose, within 30 days after the taking of the property, may seize that property, wherever found, as distress for the arrears of rent, and dispose of the property as if the property had been distrained by the lessor or landlord on the premises for the arrears of rent.
Section 13 (1) BEFORE amended by 2023-10-995, effective March 30, 2023 (Royal Assent).
(1) A tenant or lessee who fraudulently removes and conveys away his or her personal property and every person who wilfully and knowingly aids the tenant or lessee in doing so, or in concealing it, must pay to the landlord or lessor double the value of the property carried off or concealed.
Section 14 (1) (part) BEFORE amended by 2023-10-996(a), effective March 30, 2023 (Royal Assent).
(1) If the personal property fraudulently carried off or concealed is not worth more than $250, the landlord, his or her bailiff, employee or agent on the landlord's behalf, may exhibit a complaint in writing against the offender before 2 or more justices who
Section 14 (2) (c) BEFORE amended by 2023-10-996(b), effective March 30, 2023 (Royal Assent).
(c) in a summary way determine whether the person is guilty of the offence with which he or she is charged, and
Section 15 (1) BEFORE amended by 2023-10-997, effective March 30, 2023 (Royal Assent).
(1) If personal property fraudulently or clandestinely conveyed or carried away by a tenant or lessee, or other person acting for or aiding him or her, is put or found in a building or place, and is locked up or secured to prevent the property from being taken or seized as distress for arrears of rent, the landlord or the landlord's employee, bailiff or other person may take and seize as distress for rent that property, after calling to his or her assistance the peace officer of the district or place where it is suspected to be concealed.
Section 16 (1) (part), (2) and (3) BEFORE amended by 2023-10-998, effective March 30, 2023 (Royal Assent).
(1) A lessor or landlord, or his or her bailiff or agent, may as distress for arrears of rent
(2) Notice of the place where the property distrained is deposited must, within one week after depositing it, be given to the lessee or tenant, or left at his or her last residence.
(3) If, after distress for arrears of rent taken for the products mentioned, and before they are ripe, cut, cured or gathered, the tenant or lessee or his or her personal representatives, pays to the lessor or landlord, or to his or her agent, the rent in arrears, together with the costs and charges of distress, or makes lawful tender of the arrears and costs, the distress must cease and the products mentioned and distrained must be delivered to the lessee or tenant, or the personal representative.
Section 19 BEFORE amended by 2023-10-999, effective March 30, 2023 (Royal Assent).
Distress not unlawful because of subsequent irregularity
19 If distress is made for rent or taxes due or for a penalty legally imposed, and any irregularity or unlawful act is afterwards done by the party distraining, or by his or her agent, the distress is not unlawful, nor is the party making it a trespasser, but the party aggrieved by the unlawful act or irregularity may recover in any court of competent jurisdiction satisfaction for the special damage he or she sustains, together with his or her costs of suit.