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T-8 - Colonization Land Sales Act
Section 46
Disposition versions
46. If any purchaser, grantee, lessee or other person refuse or neglect to deliver up possession of any land after revocation or cancellation of the sale, grant, location, lease or occupation license thereof, or if any person being wrongfully in possession of the same refuse to leave or deliver up possession thereof, the Attorney General may, by a petition duly served upon the occupant of the land with at least six full days’ notice of the date of its presentation, apply to a judge of the Superior Court having jurisdiction in the district in which the land lies, for an order in the nature of a writ of possession.
Such petition shall be heard summarily, in term or out of term, on the date fixed by the notice or on any other subsequent date, as close thereto as possible, to which the judge may adjourn the hearing.
Upon proof to his satisfaction that the right or title of the person to hold such land has been revoked or cancelled as aforesaid, or that such person is wrongfully in possession of public land, the judge shall grant an order upon the purchaser, grantee, lessee or person in possession to leave such land and deliver up possession of same to the Minister or person authorized by him to receive the same.
Such order shall have the same force as a writ of possession, and the sheriff, or any bailiff or person to whom the same may be entrusted by the Minister for execution, shall execute the same in like manner as he would execute such writ in an action of ejectment or in a possessory action.
Thirty days after the expiration of the delay for execution, all the constructions and improvements made on the land described in the order, as well as all moveable property thereon, shall become the property of the Crown without indemnity.
The proceedings contemplated in this section shall be deemed summary matters, and the costs shall be those of a first class action in the Provincial Court.
