Service on other persons. No scire facias. What de fence may be raised. Judgment by default. May be set aside on terms. Form of judgment. Effect of judgment for suppliant. four weeks after service of the petition, or such further time as is allowed by the Court. R.S., c. 136, s. 6; 50-51 V., c. 16, s. 57. 7. If the petition is presented for the recovery of any real or personal property, or any right in or to the same, which has been granted away or disposed of by or on behalf of His Majesty, or his predecessors, a copy of the petition and fiat, endorsed with a notice to the effect of the form C in the schedule to this Act, shall be served upon or left at the last or usual or last known place of abode of the person in the possession or occupation of such property or right. 2. It shall not be necessary to issue any scire facias or other process to such person for the purpose of requiring him to file his statement in defence, but, if he intends to contest the petition, he shall, within four weeks after such copy has been so served or left, or within such further time as is allowed by the Court, file his statement of defence or demurrer, or both. R.S., c. 136, s. 7; 50-51 V., c. 16, s. 57. 8. The statement of defence or demurrer may raise, besides any legal or equitable defences in fact or in law available under this Act, any legal or equitable defences which would have been available if the proceeding had been a suit or action in a competent court between subject and subject; and any grounds of defence which would be sufficient on behalf of His Majesty may be alleged on behalf of any such person as aforesaid. R.S., c. 136, s. 8. and 9. In case of default, on behalf of His Majesty or of such other person as aforesaid, to file a statement in defence or demurrer in due time, the suppliant may apply to the Court for an order that the petition may be taken as confessed; the Court may, on being satisfied that there has been such failure, order that the petition be taken as confessed as against His Majesty, or such other person, and thereupon the suppliant may have judgment, but such judgment may afterwards be set aside by the Court, in its discretion, upon such terms as to the Court seems fit. R.S., c. 136, s. 11; 50-51 V., c. 16, s. 57. 10. The judgment on every petition of right shall be that the suppliant is not entitled to any portion, or that he is entitled to the whole or to some specified portion of the relief sought by his petition, or to such other relief, and upon such terms and conditions, if any, as are just. R.S., c. 186, s. 12. 11. In all cases in which the judgment commonly called a judgment of amoveas manus, was formerly given in England upon a petition of right, a judgment that the suppliant is entitled 2356 entitled to relief, as herein provided, shall be of the same effect as such judgment of amoveas manus. R.S., c. 136, s. 13. be awarded 12. Upon any such petition of right, the suppliant shall Costs may be entitled to costs against His Majesty, and also against any to suppliant. other person appearing or pleading, or answering to any such petition of right, in like manner and subject to the same rules, regulations and provisions, restrictions and discretion, so far as they are applicable, as are or may be usually adopted or in force in respect to the right to recover costs in proceedings between subject and subject. 2. For the recovery of any such costs from any such person Recovery other than His Majesty, appearing or pleading, or answering, thereof. in pursuance hereof, to any such petition of right, such and the same remedies and writs of execution as are authorized for enforcing payment of costs upon rules, orders, decrees or judgments, in personal actions between subject and subject, shall and may be prosecuted, sued out and executed on behalf of such suppliant. R.S., c. 136, s. 14. for relief or of Finance. 13. Whenever, on a petition of right, judgment is given Judgment that the suppliant is entitled to relief and there is no appeal, order for and whenever, upon appeal, judgment is affirmed or given that costs to suppliant to be the suppliant is entitled to relief, and whenever any rule or certified to order is made, entitling the suppliant to costs, the judge shall, the Minister upon application after the lapse of fourteen days from the making, giving or affirming of such judgment, rule or order, certify to the Minister of Finance the tenor and purport of the same, to the effect of the form D in the schedule to this Act. 2. Such certificate may be sent to, or left at the Department of Finance. R.S., c. 136, s. 15; 50-51 V., c. 16, s. 57. SCHEDULE. FORM A. PETITION OF RIGHT. In the Exchequer Court of Canada. To the King's Most Excellent Majesty: County (or district) of (place proposed for trial) to wit: showeth that (state with convenient certainty the facts on which petitioner relies as entitling him to relief). Conclusion. Your suppliant therefore humbly prays that (state the relief claimed). The suppliant prays for a statement in defence on behalf of His Majesty, within four weeks after the date of service hereof, or otherwise that the petition may be taken as confessed. To A. B.: FORM C. You are hereby required to file a statement in defence to the within petition in His Majesty's Exchequer Court of Canada, within four weeks after the date of service hereof. Take notice, that if you fail to file a statement in defence or demurrer in due time, the said petition may, as against you, be ordered to be taken as confessed. To the Honourable the Minister of Finance and Receiver General: Petition of right of A. B. in His Majesty's Exchequer Court of Canada, at I hereby certify, that on the day of A.D. it was, by the said court adjudged (or ordered), that the above named suppliant was entitled to, etc. R.S., c. 136, sch. (Judge's signature.) OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2358 CHAPTER 143. An Act respecting the Expropriation of Lands. SHORT TITLE. 1. This Act may be cited as the Expropriation Act. 52 V., Short title. c. 13, s. 1. INTERPRETATION. Definitions. 2. In this Act, unless the context otherwise requires,(a) 'minister' means the head of the department charged 'Minister.' with the construction and maintenance of the public work; (b) department' means the department of the Government Departof Canada charged with the construction and maintenance ment.' of the public work; (c) superintendent' means the superintendent of the Superinpublic work of which he has, under the minister, the tendent.' charge and direction; (d) public work' or 'public works' means and includes Public the dams, hydraulic works, hydraulic privileges, harbours, works." wharfs, piers, docks and works for improving the navigation of any water, the lighthouses and beacons, the slides, dams, piers, booms and other works for facilitating the transmission of timber, the roads and bridges, the public buildings, the telegraph lines, Government railways, canals, locks, dry-docks, fortifications and other works of defence, and all other property, which now belong to Canada, and also the works and properties acquired, constructed, extended, enlarged, repaired or improved at the expense of Canada, or for the acquisition, construction, repairing, extending, enlarging or improving of which any public moneys are voted and appropriated by Parliament, and every work required for any such purpose, but not any work for which money is appropriated as a subsidy only; 6 (e) 'conveyance' includes a surrender' to the Crown; and Conveyany conveyance to His Majesty, or to the minister, or to ance.' any officer of the department, in trust for or to the use of His Majesty, shall be held to be a surrender; (f) land includes all granted or ungranted, wild or 'Land.' cleared, public or private lands, and all real property, 2359 messuages, 'Lease.' 'Exchequer Court.' 'Court.' 'Registrar of deeds.' 'Registry of deeds.' Powers of the minister. Entering lands. Taking possession. Deposit and removal of materials. Temporary roads. Drains. Changing course of streams, etc. messuages, lands, tenements and hereditaments of any tenure, and all real rights, easements, servitudes and damages, and all other things done in pursuance of this Act, for which compensation is to be paid by His Majesty under this Act; (g) 'lease' includes any agreement for a lease; (h) 'the Exchequer Court' or 'the Court' means the Exchequer Court of Canada; (i) registrar of deeds' or 'registrar' includes the registrar of land titles, or other officer with whom the title to the land is registered; (j) registry of deeds', or other words descriptive of the office of the registrar of deeds, includes the land titles office, or other office in which the title to the land is registered. 50-51 V., c. 16, s. 1; 52 V., c. 13, s. 2; 57-58 V., c. 28, s. 144. POWER TO TAKE LAND, ETC. 3. The minister may by himself, his engineers, superintendents, agents, workmen and servants, (a) enter into and upon any land to whomsoever belonging, and survey and take levels of the same, and make such borings, or sink such trial pits as he deems necessary for any purpose relative to the public work; (b) enter upon and take possession of any land, real property, streams, waters and watercourses, the appropriation of which is, in his judgment, necessary for the use, construction, maintenance or repair of the public work, or for obtaining better access thereto; (c) enter with workmen, carts, carriages and horses upon (d) make and use all such temporary roads to and from (f) alter the course of any river, canal, brook, stream or same, |