Forbes & Nelson v. Glashan

We consider the affidavit of the service of the notice, by the consent of the counsel, as if incorporated in the return. The act (sess. 11. ch. 6. s. 3. 1 N. R. L. 96.) directs, that a notice in writing, of the time and place of the return of the precept of inquiry, should be “ affixed up in some public and suitable place, upon the lands or tenements,” &c., “ or be delivered to the party against whom such complaint is made, if such party be on the premises.” The true construction of the act is, that the service must be on some public and suitable place on the premises, or personally on the…