2(1)Rent reserved by a lease, and the benefit of every covenant or provision therein contained relating to the leased premises and on the tenant’s part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate.

2(2)Any such rent, covenant or provision shall be capable of being recovered, received, enforced, and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased.

2(3)Where that person becomes entitled by conveyance or otherwise, such rent, covenant or provision may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition, waived or released before such person becomes so entitled.

2(4)This section applies to leases made before or after the commencement of this Act, but does not affect the operation of

3(1)The obligation under a condition or of a covenant entered into by a landlord relating to his leased premises shall, if and as far as the landlord has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is for the time being vested by conveyance, devolution in law, or otherwise; and, if and as far as the landlord has power to bind the person from time to time entitled to that reversionary estate, the obligation may be taken advantage of and enforced against any person so entitled.

3(2)This section applies to leases made before or after the commencement of this Act, whether the severance of the reversionary estate was effected before or after such commencement.

3(3)This section takes effect without prejudice to any liability affecting a covenantor or his estate.

6(1)Subject to the express terms of any lease, or of any valid and subsisting covenant, agreement or stipulation affecting the tenancy,

6(2)Every landlord and every person having a reversionary interest in any leased premises is entitled, in respect of any waste by a tenant in respect of the premises, in an action brought in a Court of competent jurisdiction to obtain damages or an injunction or both.

7(1)Where in the intended exercise of a power of leasing, whether conferred by a statute or by any other instrument, a lease, in this section referred to as an invalid lease, is granted that by reason of any failure to comply with the terms of the power is invalid, then

7(2)Where a lease granted in the intended exercise of a power is invalid by reason of the grantor not having power to grant the lease at the date thereof, but the grantor’s interest in the land comprised therein continues after the time when he might, in the exercise of the power, have properly granted a lease in the like terms, the lease shall take effect as a valid lease in like manner as if it had been granted at that date.

7(3)Where during the continuance of the possession taken under an invalid lease the person for the time being entitled, subject to such possession, to the land comprised therein or to the rents and profits thereof, is able to confirm the lease without variation, the lessee, or other person who would have been bound by the lease had it been valid, shall, at the request of the person so able to confirm the lease, be bound to accept a confirmation thereof, and thereupon the lease shall have effect and be deemed to have had effect as a valid lease from the grant thereof.

7(4)Confirmation under subsection (3) may be by a memorandum in writing signed by or on behalf of the persons respectively confirming and accepting the confirmation of the lease.

7(5)Where a receipt or a memorandum in writing confirming the invalid lease is, upon or before the acceptance of rent thereunder, signed by or on behalf of the person accepting the rent, that acceptance shall, as against that person, be deemed to be a confirmation of the lease.

7(6)The foregoing provisions of this section do not affect prejudicially

7(7)Where a valid power of leasing is vested in or may be exercised by a person who grants a lease that, by reason of the determination of the interest of the grantor or otherwise, cannot have effect and continuance according to the terms thereof independently of the power, the lease shall for the purposes of this section be deemed to have been granted in the intended exercise of the power although the power is not referred to in the lease.

7(8)This section takes effect without prejudice to the provision in this Act for the grant of leases in the name and on behalf of the estate owner of the land affected.

10(1)Where a licence is granted to a tenant to do any act, the licence, unless otherwise expressed, extends only

10(2)Notwithstanding any such licence,

10(3)Where in a lease there is a power or condition of re-entry on the tenant assigning, subletting or doing any other specified act without a licence, and a licence is granted

10(4)This section does not authorize the grant of a licence to create an undivided share in a legal estate.

11(1)In every lease containing a covenant, condition or agreement against assigning, subletting, or parting with the possession, or disposing of the land leased without licence or consent, such covenant, condition or agreement shall, unless the lease contains an express provision to the contrary, be deemed to be subject

11(2)Where the landlord refuses or neglects to give a licence or consent to assign or sublet, a judge of The Court of King’s Bench of New Brunswick, upon the application of the tenant, or assignee or subtenant, may make an order determining whether or not such licence or consent is unreasonably withheld and, where it is so withheld, permitting the assignment or sublease to be made, and such order shall be the equivalent of the licence or consent of the landlord within the meaning of any covenant or condition requiring the same, and such assignment or sublease shall not be a breach thereof.

14(1)A right of re-entry or forfeiture under any proviso or stipulation in a lease for a breach of any covenant or condition in the lease, other than a proviso in respect of the payment of rent, shall not be enforceable in any case in which the breach is capable of remedy or of being compensated by money payment, unless and until

14(2)Where a landlord is proceeding by action or otherwise to enforce a right of re-entry or forfeiture, whether for non-payment of rent or for other cause, the tenant may in the landlord’s action, or if there is no such action pending then in an action brought by himself, apply to the Court for relief, and the Court may grant such relief as, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section and to all the other circumstances, the Court thinks fit, and on such terms as to payment of rent, costs, expenses, damages, compensation, penalty, or otherwise, including the granting of an injunction to restrain any like breach in the future, as the Court may deem just.

14(3)This section applies, whether the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease or is implied therein.

14(4)For the purposes of this section a lease limited to continue as long as the tenant abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.

14(5)Where the action is brought to enforce a right of re-entry or forfeiture for non-payment of rent and the tenant, at any time before judgment, pays into court all the rent in arrear and the costs of the action, the cause of action shall be at an end.

14(6)Where relief is granted under this section the tenant shall hold and enjoy the demised premises according to the lease thereof made without any new lease.

14(7)Where the right of re-entry or forfeiture is in respect of a breach of a covenant or condition to insure, relief shall not be granted if at the time of the application for relief there is not a policy of insurance in force in conformity with the covenant or condition to insure, except upon, in addition to any other terms that the Court may impose, the term that the insurance is effected.

14(8)This section applies to leases made either before or after the commencement of this Act, notwithstanding any stipulation to the contrary.

14(9)This section does not extend

14(10)If the whereabouts of the tenant cannot be ascertained after reasonable enquiry, or if the tenant is evading service, the notice referred to in subsection (1) may be served on the tenant by leaving it at the place of residence of the tenant with any adult person for the time being in charge thereof, and if the premises are unoccupied, the notice may be served by posting up the same in a conspicuous manner upon some part of the demised premises.

18(1)Unless it is otherwise expressly provided in the lease a covenant by a tenant for payment of taxes shall not be deemed to be an obligation to pay taxes assessed for local improvements, or drainage or irrigation rates.

18(2)Where taxes payable by a landlord in any year on non-residential property under lease, licence or permit to a tenant exceed the taxes payable in the base taxation year, the landlord may, notwithstanding any terms to the contrary contained in the lease, licence or permit, add to the annual rent for the current year fixed in the lease, licence or permit for the non-residential property an amount being the difference between the taxes payable in the base taxation year on or applicable to the non-residential property and the taxes payable in the current taxation year on or applicable to the non-residential property and the tenant shall pay such amount in addition to the annual rent fixed for the current year in the lease, licence or permit.

18(3)Where taxes payable by a landlord in any year on non-residential property under lease, licence or permit to a tenant are less than the amount payable in the base taxation year, the landlord shall, notwithstanding any terms to the contrary contained in the lease, licence or permit, decrease the annual rent fixed for that year in the lease, licence or permit for the non-residential property in an amount being the difference between the taxes payable in the base taxation year on or applicable to the non-residential property and the taxes payable in the current taxation year on or applicable to the non-residential property.

18(4)Subsections (2) and (3) apply only with respect to leases, licences or permits executed before January 1, 1984 and, for the purposes of subsections (2) and (3), the base taxation year is the year 1982.

18(5)Where there is more than one tenant under subsection (2) or (3), the amount of the increase or decrease in the annual rent of each tenant shall be equal to the portion of the increase or decrease in taxes attributable to that part of the non-residential property used or occupied by such tenant and to the improvements made by such tenant.

18(6)Where rent is increased or decreased pursuant to subsection (2) or (3), the landlord shall give notice in writing of the increase or decrease in rent to the tenant not later than ninety days before the date stated in the notice as the date on which the landlord intends to change the rent.

18(7)A notice may be given to a tenant under subsection (6) by

18(8)Where a landlord or tenant fails to comply with this section, the tenant or landlord may make application to a judge of The Court of King’s Bench of New Brunswick in the judicial district in which the non-residential property is located for an order directing the landlord or tenant to comply with this section.

18(9)In this section, “non-residential property” means non-residential property as defined in the Assessment Act.

19(1)Subject to any express agreement to the contrary, sufficient notice to quit shall be deemed to have been given if there is given,

19(2)In case a tenant, upon the determination of his lease, whether created by writing or by parol, remains in possession with the consent, express or implied, of the landlord, he shall be deemed to be holding subject to the terms of the lease, so far as they are applicable.

19(3)In case the tenancy created by the lease was neither a weekly nor a monthly tenancy nor a tenancy from year to year, the overholding tenant shall be deemed to be holding as a tenant from year to year.

23(1)No person shall take under distress more goods than are reasonably sufficient to satisfy the rent in arrear and the costs of the distress.

23(2)Where chattels are distrained for rent due, the person making the distress shall not be liable to any action for excessive distress, if within seven days after the making of the distress he abandons the excess and thereafter holds under the distress no more chattels than are reasonably necessary to satisfy the rent due with the costs of the distress.

28(1)Every person lawfully charged with the duty of executing a warrant of distress for rent, who has reason to believe that any goods or chattels have been fraudulently or clandestinely removed for the purpose of preventing the landlord from distraining the same, and that the said goods are in any building, yard, enclosure or place in such circumstances as to prevent them from being taken or seized as a distress for arrears of rent, shall be entitled at any time between eight o’clock in the morning and six o’clock in the afternoon to enter into and upon the building, yard, enclosure or place and every part thereof for the purpose of searching for any goods and chattels so removed and to seize any such goods and chattels there found for arrears of rent as he might have done if they were in an open field or place upon the premises from which they were removed, and for that purpose to obtain entry upon and access to the premises by breaking or removing any doors or any locks or other fastenings whereby such entry and access is hindered.

28(2)In case any person encounters any resistance in doing any of the acts and things that he is authorized by subsection (1) to do, he may call upon any peace officer to assist him in overcoming that resistance, and such person in the presence of a peace officer and the peace officer are each empowered to use such force as is reasonably necessary for the purpose of overcoming that resistance.

32(1)A landlord who takes growing crops as a distress for rent, may cut, gather, cure, thresh, carry and lay up the same, when ripe, in the barns or other proper place on the demised premises, and if there is no barn or proper place on the demised premises, then in any other barn or proper place that the landlord hires or otherwise procures for that purpose as near as may be to the premises, and may in convenient time sell or otherwise dispose of the same towards satisfaction for the rent for which such distress is made, and of the charge of such distress and sale in the same manner as other goods and chattels may be seized, distrained and disposed of; and the appraisement thereof shall be taken when cut, gathered, made, cured or threshed, as the case may be, and not before.

32(2)Notice of the place where the goods and chattels so distrained are lodged or deposited shall, within one week after the lodging or depositing thereof, be given to the tenant or left at his last place of abode.

32(3)If, after a distress of growing crops so taken for arrears of rent, and at any time before the same are ripe and cut, cured, threshed or gathered, the tenant pays to the landlord for whom the distress is taken the whole rent then in arrear, with the full costs and charges of making such distress and occasioned thereby, then, upon such payment or lawful tender thereof, the distress shall cease.

33(1)Notwithstanding the provisions of section 32, where growing crops are distrained for rent they may, at the option of the landlord, be advertised and sold in the same manner as other goods, and it shall not be necessary for the landlord to reap, thresh, gather or market the same.

33(2)Any person purchasing growing crops at such sale shall be liable for the rent of the land, upon which the same are growing at the time of the sale, from such time until the same are removed, unless the rent has been paid or has been collected by the landlord, or has been otherwise satisfied, and the rent shall, as nearly as may be, be the same as that which the tenant whose goods were sold was to pay, having regard to the quantity of land, and to the time during which the purchaser occupies it.

34(1)In this section

34(1.1)A landlord shall not distrain for rent the personal property of a person except that of the tenant, but this restriction does not apply where the personal property is claimed by a person other than the tenant

34(1.2)A landlord’s distress has priority over a security interest in the goods of the tenant other than a purchase money security interest in goods or proceeds of those goods that is perfected at the date of distress.

34(1.3)A landlord’s distress has priority over a judgment registered in the Personal Property Registry in accordance with the Enforcement of Money Judgments Act if the landlord distrains before the sheriff seizes the tenant’s property.

34(2)If a superior landlord levies a distress on any furniture, goods, or chattels of a lodger for any rent due and in arrear to such superior landlord by his immediate tenant, such lodger may

34(3)Where after being served with such declaration and inventory and after the lodger has paid or tendered the amount of any that such lodger is herein authorized to pay, the superior landlord, bailiff or other person proceeds with a distress on the furniture, goods or chattels of the lodger, he shall be deemed guilty of an illegal distress.

34(4)Either the superior landlord or the lodger may apply to a judge of The Court of King’s Bench of New Brunswick, for an order declaring the right to such furniture, goods and chattels, and the judge shall inquire into the truth of such declaration and inventory, and shall make such order for recovery of the furniture, goods and chattels, or otherwise, as to him seems just.

34(5)In any action for damages for illegal distress brought against a superior landlord by a lodger the truth of the declaration and inventory may be inquired into.

35(1)Any goods or chattels taken in distress for rent may be impounded or otherwise secured either upon the premises chargeable with the rent or some part thereof, or in some other suitable and convenient place situate within fifteen kilometres of the premises chargeable with the rent, and the same may be appraised, sold and disposed of upon the premises in which they are so impounded or secured.

35(2)It is lawful for any person to come and go to and from any place at which a distress for rent is so impounded and secured, to view, appraise, and buy and to carry off or remove the same on account of the purchaser thereof.

36(1)Where any goods or chattels are distrained for rent and the tenant does not replevy the same within five days next after notice in writing of the distress, in the form prescribed by regulation setting out the cause of the taking together with an inventory of the goods so distrained, has been posted upon a conspicuous place at the premises in respect of which the rent is payable and in case the distress is impounded elsewhere, at the place of impoundment, then, after the expiration of the said five days, the person distraining shall cause the goods and chattels so distrained to be appraised by two appraisers.

36(2)Before making any appraisement the appraisers shall each be sworn to appraise the goods taken in distress truly, according to the best of their understanding, and a memorandum of the said oath shall be endorsed on the inventory.

38(1)A tenant may set-off against rent due a debt due to him by the landlord, in which case he shall give notice in writing of the claim of set-off in the form prescribed by regulation, which notice may be given before or after seizure.

38(2)Upon the giving of any such notice the landlord shall be entitled to distrain or to proceed with the distress, as the case may be, for the balance of the rent due after deducting the amount of the debt mentioned in the notice that is due and owing by the landlord to the tenant.

38(3)The notice may be served either personally upon the landlord or upon any other person authorized to receive the rent on his behalf or by leaving it with a grown-up person on and apparently residing in the premises occupied by the landlord or other person authorized to receive the rent.

38(4)No notice given under this section shall be rendered invalid for any want of form.

42(1)Subject to section 23, a distrainer who makes an excessive distress, or makes a distress wrongfully, shall be liable in damages to the owner of the goods or chattels distrained.

42(2)Where a distress and sale are made for rent pretended to be in arrear and due when, in truth, no rent is in arrear or due to the person distraining, or to the person in whose name or right such distress is made, the owner of the goods or chattels distrained and sold, his executors or administrators shall be entitled, by action to be brought against the person so distraining, to recover full satisfaction for the damage sustained by the distress and sale.

43(1)Where an order is made for the winding-up of an incorporated company, or a receiving order in bankruptcy or authorized assignment is made against or by a tenant, then the right of the landlord to distrain or realize his rent by distress ceases from and after the date of the assignment or order, and the assignee, trustee or liquidator is entitled to immediate possession of the property of the tenant; but in the distribution of the property of the tenant the assignee, trustee or liquidator shall pay to the landlord, in priority to all other debts, an amount not exceeding the value of the distrainable assets and restricted to the arrears of rent due during the period of three months next preceding and the costs of distress, if any, and the rent for the three months following the date of the assignment or order, and from thence so long as the assignee, trustee or liquidator retains possession of the premises, but any payment to be made to the landlord in respect of accelerated rent shall be credited against the amount payable by the assignee, trustee or liquidator for the period of his occupation.

43(2)Notwithstanding any provision, stipulation or agreement in any lease or agreement or the legal effect thereof, in case of an assignment for the general benefit of creditors, or in case an order is made for the winding-up of an incorporated company, or in case a receiving order in bankruptcy or authorized assignment has been made against or by a tenant, in any such case the assignee, trustee or liquidator may, at any time within three months thereafter for the purposes of the trust estate and before he has given notice of intention to surrender possession or disclaim, by notice in writing elect to retain the leased premises for the whole or any portion of the unexpired term and any renewal thereof, upon the terms of the lease and subject to the payment of the rent as provided by such lease or agreement, and he may upon payment to the landlord of all arrears of rent, assign the lease with rights of renewal, if any, to any person who will covenant to observe and perform its terms and agree to conduct upon the demised premises a trade or business that reasonably is not of a more objectionable or hazardous nature than that which was thereon conducted by the debtor, and who shall on application of the assignee, trustee or liquidator be approved by a judge of The Court of King’s Bench of New Brunswick as a person fit and proper to be put in possession of the leased premises.

44(1)The assignee, trustee or liquidator has the further right at any time before so electing by notice in writing to the landlord, to surrender possession or disclaim any such lease, and his entry into possession of the leased premises and their occupation by him, while required for the purposes of the trust estate, shall not be deemed to be evidence of an intention on his part to elect to retain possession pursuant to the provisions of this section.

44(2)Where the assignor, or person against whom a receiving order has been made in bankruptcy, or a winding-up order has been made, being a lessee, had, before the making of the assignment or such order, demised by way of under-lease, approved or consented to in writing by the landlord, any premises and the assignee, trustee or liquidator surrenders, disclaims or elects to assign the lease the under-lessee shall, if he so elects in writing within three months of such assignment or order, stand in the same position with the landlord as though he were a direct lessee from the landlord but subject, except as to rental payable, to the same liabilities and obligations as the assignor, bankrupt or insolvent company was subject to under the lease at the date of the assignment or order, but the under-lessee shall in such event be required to covenant to pay to the landlord a rental not less than that payable by the under-lessee to the debtor, and if such last mentioned rental was greater than that payable by the debtor to the said landlord the under-lessee shall be required to covenant to pay to the landlord the like greater rental.

44(3)In the event of any dispute arising under this section such dispute shall be disposed of, upon summary application, by a judge of The Court of King’s Bench of New Brunswick.

45(1)Every attornment of a tenant of any land to a stranger claiming title to the estate of his landlord shall be absolutely null and void, and the possession of his landlord shall not be deemed to be changed, altered or affected by such attornment, but nothing herein shall vacate or affect an attornment made

45(2)Nothing herein contained shall alter, prejudice or affect any rights that a vendor, mortgagee or incumbrancee may now possess under any law or statute.

46(1)Every grant or conveyance of any rent or of the reversion or remainder of any land shall be good and effectual without any attornment of the tenant of the land out of which such rent issues, or of the particular tenant upon whose particular estate any such reversion or remainder is expectant or depending.

46(2)A tenant shall not be prejudiced or damaged by the payment of rent to any grantor or by breach of any condition for non-payment of rent before notice to him of such grant by the grantee.

47(1)Where a lease is duly surrendered in order to be renewed, and a new lease is made and executed by the chief landlord, the new lease shall, without a surrender of all or any of the under-leases, be as good and valid as if all the under-leases derived thereout had been likewise surrendered at or before the time of taking of such new lease.

47(2)Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of the new lease, shall be entitled to the rents, covenants and duties, and have like remedy for recovery thereof, and the under-lessees shall hold and enjoy the land in the respective under-leases comprised as if the original lease had been kept on foot and continued, and the chief landlord shall have and be entitled to such and the same remedy by distress or entry in and upon the land comprised in any under-leases for the rents and duties reserved by the new lease, so far as the same do not exceed the rents and duties reserved in the lease out of which such sublease was derived, as he would have had if the former lease had been still continued or as he would have had if the respective under-leases had been renewed under the new principal lease.

48(1)Where any person who, in pursuance of any covenant or agreement in writing, if within the Province and amenable to the process of The Court of King’s Bench of New Brunswick, might be compelled to execute any lease by way of renewal, is not within the Province, or is not amenable to the process of the Court, the Court upon the application of any person entitled to such renewal, whether such person is or is not under any disability, may direct such person as the Court thinks proper to appoint for that purpose to accept a surrender of the subsisting lease, and to make and execute a new lease in the name of the person who ought to have renewed the same.

48(2)A new lease executed by the person so appointed shall be as valid as if the person in whose name the same was made was alive and not under any disability and had himself executed it.

48(3)In every such case it shall be in the discretion of the Court to direct an action to be brought to establish the right of the person seeking renewal, and not to make the order for a new lease unless by the judgment to be made in the action, or until after it has been entered.

48(4)A renewal lease shall not be executed by virtue of this section in pursuance of any covenant, or agreement, unless the sum or sums of money, if any, that ought to be paid on such renewal and the things, if any, that ought to be performed in pursuance of such covenant or agreement by the tenant be first paid and performed, and counterparts of every such renewal lease shall be duly executed by the tenant.

48(5)All sums of money that are had, received or paid for, or on account of, the renewal of any lease by any person out of the Province or not amenable to the process of The Court of King’s Bench of New Brunswick, after the deduction of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into Court to such account and be applied and disposed of as the Court shall direct.

48(6)The Court may order the costs and expenses of and relating to the application, orders, directions, conveyances and transfers, or any of them, to be paid and raised out of or from the land, or the rents in respect of which the same are respectively made, in such manner as the Court deems proper.

49(1)In sections 50 to 53 inclusive,

49(2)In covenants for renewal as well as in this Act, “valuation” and “appraisal” are synonymous terms, and are subject to the provisions of the Arbitration Act; and “valuer,” “valuator,” “appraiser” and “arbitrator” are also synonymous.

49(3)In such covenants, “to renew,” “to extend,” “to continue,” “to extend and continue” and similar expressions are synonymous.

50(1)Where neither party to a renewable lease has taken any proceeding under the covenant for payment for improvements or renewal to obtain a valuation of the improvements, and the term of years granted by the lease or a renewal thereof has expired, if thereafter:

50(2)The renewal lease shall include the covenant for renewal unless the expiring lease expressly provides that such covenant shall not be included in a renewal lease or it appears by other evidence that such was not the intention of the parties, and the lessor shall be deemed to have renewed the lease and the lessee deemed to have agreed to accept a renewal upon the following terms:

50(3)Where the lessee gives notice to the lessor that he does not intend to accept a renewal of the lease, the lessee is deemed to be a tenant from year to year of the demised premises and such covenants and conditions of the original lease as are not inconsistent with a tenancy from year to year shall be applicable thereto, but in such case the lessee has no claim to be paid for improvements, and the covenant for renewal is no longer in effect.

53(1)Where a covenant for renewal provides for determination of the value of improvements by more than one disinterested person without providing by whom they shall be appointed, the lessor and lessee shall each appoint an equal number who, in case of disagreement, may choose any additional person who is also disinterested.

53(2)Where either party fails to make an appointment, the other party to the lease may make summary application for such appointment under the provisions of the Arbitration Act.

59(1)Subject to subsection (2), service of any demand or summons mentioned in this Part is sufficiently made,

59(2)When the Judge is not satisfied that service of any demand or summons under this Part is sufficiently made, he may give such order or direction for further and better service as, in his opinion, the justice of the case may require.

60(1)In any proceedings under this Part evidence may be given viva voce or by affidavit, but should any fact deposed to in an affidavit be denied or challenged the Judge may adjourn the hearing to enable viva voce evidence to be given of the fact so denied or challenged.

60(2)Save as herein provided the practice of the Court applies to proceedings taken under this Part.

60(3)If at any stage in any proceedings under this Part it appears to the Judge that any other person is interested in the matters before him or ought to be heard the Judge may give directions for service or notice on such person and may adjourn the proceedings for that purpose or may determine the issues as between the parties before him without prejudice to the rights of such other person.

61(1)Where a tenant

61(2)The demand under subsection (1) may be in the form prescribed by regulation or may be altered as circumstances may require.

61(3)A demand under subsection (1) shall operate as a notice in writing as provided for in section 56 and shall have the same force and effect as if the demand was a notice in writing given under section 56.

64(1)The landlord may apply to the Judge for a summons on affidavit of the facts made by the landlord or other person having knowledge of the facts.

64(2)The affidavit made by the landlord or other person shall, if applicable,

65(1)The Judge may issue a summons returnable before him that may be in the form prescribed by regulation or to the like effect with such changes, additions or omissions as the circumstances of the case may require; and the summons shall have endorsed thereon the name and address of the solicitor of the landlord, or the address of the landlord should he be acting without a solicitor.

65(2)The summons together with the affidavit of the landlord or other person shall be served on the tenant at least three clear days before the return thereof.

65(3)Where the demise is in writing the document or documents constituting the demise may be inspected by or on behalf of the tenant upon application to the landlord’s solicitor or to the landlord.

68(1)When an Order for Possession is granted the Judge shall calculate the rent in arrears, an amount for use and occupation for any part of a term for which rent is not then due and owing, and double value owing by the tenant at the time of the hearing in any case where the landlord is entitled to and claims for double value and shall set forth in the Order for Possession the amount of the rent, amount for use and occupation and double value to be levied by the sheriff.

68(2)The Judge may award costs in accordance with the table of fees prescribed by regulation.

74(1)Where the sheriff is unable to levy all sums mentioned in an Order for Possession and his costs, he shall, after putting the landlord in possession, endorse upon the Order for Possession the date the landlord was put in possession and the amount levied pursuant to the same.

74(2)The Order for Possession may then be filed with the Clerk of the Court together with a docket showing a calculation of the rent, the amount for use and occupation and double value at the rate fixed by the Judge to the date when the landlord was put in possession and a calculation of the balance owing to the landlord for rent, the amount for use and occupation and double value and costs after taking into account the amount levied by the sheriff.

74(3)The Clerk shall make on the Order for Possession a memorandum of the amount so owing thereunder which memorandum thereupon becomes a judgment of the Court.