P-38 - Settlers Protection Act

Section 4 Disposition versions

1982-12-01

4. Without prejudice to articles 552 and following of the Code of Civil Procedure, the moveables and effects hereinafter enumerated, whether they be in the possession of a bona fide settler, as described in section 1, or in the possession of his surviving spouse, or of his or their children or descendants in the direct line, shall, so long as the party upon whom the seizure is made is owner of the land in virtue of the said section, be exempt from seizure and execution for any debt whatsoever except for the payment of the taxes, charges and dues mentioned in section 1, from the date of the grant of such land and during fifteen years from the issue of the letters patent, to wit:

(1)  The beds, bedding and bedsteads in ordinary use by his family;

(2)  The necessary and ordinary wearing apparel of himself and his family;

(3)  One stove and pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs and a shovel, one table, six chairs, six knives, six spoons, six forks, six plates, six tea-cups, six saucers, one sugar-basin, one milk-jug, one tea-pot, all spinning-wheels and weaving-looms in domestic use, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use, and ten volumes of books;

(4)  All necessary fuel, meat, fish, flour and vegetables sufficient for him and his family for three months;

(5)  Seed grain necessary to sow his land;

(6)  Two draught horses or two draught oxen, ten other head of horned cattle, six sheep, five pigs, all the poultry, and the grain and other forage intended for the support or fattening of such animals and poultry;

(7)  Farm vehicles and implements of agriculture;

(8)  The building materials intended to be employed in the construction of or repairs or improvements to the buildings and mills on his land.

The debtor may select the chattels mentioned in paragraphs 1, 2, 3, 4, 5 and 6 from any larger number of the same kind.

The chattels mentioned in paragraphs 3, 4, 5, 6, 7 and 8 of this section shall not be exempt from seizure and execution for the purchase price thereof or if they have been pledged or pawned.

R. S. 1964, c. 106, s. 4; 1965 (1st sess.), c. 80, a. 1; 1974, c. 79, s. 6; 1982, c. 17, s. 70.

1977-12-31

4. Without prejudice to articles 552 and following of the Code of Civil Procedure, the moveables and effects hereinafter enumerated, whether they be in the possession of a bona fide settler, as described in section 1, or in the possession of his widow, or of his or their children or descendants in the direct line, shall, so long as the party upon whom the seizure is made is owner of the land in virtue of the said section, be exempt from seizure and execution for any debt whatsoever except for the payment of the taxes, charges and dues mentioned in section 1, from the date of the grant of such land and during fifteen years from the issue of the letters patent, to wit:

(1)  The beds, bedding and bedsteads in ordinary use by his family;

(2)  The necessary and ordinary wearing apparel of himself and his family;

(3)  One stove and pipes, one crane and its appendages, one pair of andirons, one set of cooking utensils, one pair of tongs and a shovel, one table, six chairs, six knives, six spoons, six forks, six plates, six tea-cups, six saucers, one sugar-basin, one milk-jug, one tea-pot, all spinning-wheels and weaving-looms in domestic use, one axe, one saw, one gun, six traps, and such fishing nets and seines as are in common use, and ten volumes of books;

(4)  All necessary fuel, meat, fish, flour and vegetables sufficient for him and his family for three months;

(5)  Seed grain necessary to sow his land;

(6)  Two draught horses or two draught oxen, ten other head of horned cattle, six sheep, five pigs, all the poultry, and the grain and other forage intended for the support or fattening of such animals and poultry;

(7)  Farm vehicles and implements of agriculture;

(8)  The building materials intended to be employed in the construction of or repairs or improvements to the buildings and mills on his land.

The debtor may select the chattels mentioned in paragraphs 1, 2, 3, 4, 5 and 6 from any larger number of the same kind.

The chattels mentioned in paragraphs 3, 4, 5, 6, 7 and 8 of this section shall not be exempt from seizure and execution for the purchase price thereof or if they have been pledged or pawned.

R. S. 1964, c. 106, s. 4; 1965 (1st sess.), c. 80, a. 1; 1974, c. 79, s. 6.