Bill 52 (Legislature 3, Session 1)

L3 S1 10564

Alberta — Bills

BILL No. 52 of 1913 (Second Session).

An Act to Provide for Giving Threshers a Lien in Certain · Cases. (Assented to ' 1913.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ena0ts as follows: 1. This Act may be cited as "The Threshers Lien Act." 2. Every person, firm or company owning or operating a threshing machine or separator, or cansing the same to be operated, shall each year before commencing opera tions register his or their machine or machines with the Minister of Agriculture and shall procure a CPrtificate of Registration as in form A in the

schedule hereto. 3. Such registration cc:>rtificate shall be kept posted in · ·a conspicuous place npon the machine or sPparator by the 'owner during the whole of the threshing season. 4. The fee for registration shall be $1.00.

(2) Upon a transfer of ownership of a machine, registered 1mder this Act, the certificate of registration may be transferred as in form B in the schednle hereto by the Minister of Agriculture npon proof to his satisfaction of such transfer upon payment of a transfer fee of 50 cents. 5.

Every person who threshes or caases to be threshed grain of any kind for another person at or for a fixed price or rate of rem·.meration shall from the date of the com mencement of such threshing until the completion of same have a lien upon such grain for the purpose of securing paymAnt of the said price or remuneration and may take a sufficient quantity of such grain to secure payment of said price or remuneration or of such part or proportion thereof as may be earned at the time of such taking and such lien shall have priority over all rights of execution against the owner thereof or chattel mortgages, bills of sale or conveyances made by him and over rights of distress for rent reserved upon the land upon which the grain is grown; provided, that the right to exercise said lien and to take, remove and sell the grain retained under said lien shall be snbject to the following conditions: 1.

The machine or separator must be registered in the nanlf' of the owner or owners in accordance with the pro visions of this Act. 2. Notice of said retention of said grain shall be given during thP, · threshing or forthwith after the threshing is finished and said grain so retained shall be separatfld from the bulk of the threshei grain and removed from the premisPs within three days. 3. All claims for wages from employees of the thresher for such threshing shall be satisfied. 2 6.

The quantity of grain which may be so retained shall be a sufficiP.nt quantity computed at the market value thereof at the nearest market less 4 cents per bushel for each ten miles between the pla<.;e of threshing and the nearest market for hauling the same to and delivering the same at the nearest available market. whE'n sold to pay for the threshing of all grain threshed by the person taking the grain or by the servants or agents for the owner thereof during that same season. 7.

The person who assNts such right of retention $;1.nd removal may! housP or store the grain so taken and remQved in his own name and if at the expiration of t<:Jn days fkom -the time when such right of retention. is a~erte1 .by lithe person entitled to the :same the price or 'remunera~ion for,)Vhich t~e said grain is ;held.'be not paitj. sucb'pe@ou maY, sell the: said graih .: at fai~ market price, r~.taini:the ha\llage a~ sPt out. in

section 6.hereof ttnd tlYe price o~[ re nni:neration for threshing an,d pay the 'balance, if ·anY); to the::::OwR..¢r; of sai~; grain. 8.- In aU ~ases grain'· retained under' the provisions of this Act shall be sold: within thirty days after the r~ght .of retfmtion !is asserted, .unless the owner thereof consents iii writing to the sanle' being held unsold for a lo:tlger ·period. · 9. Every person who threshes any grain shall from time to time as he may be required by the Minister of Agriculture send to the Department of Agriculture such information, statistics and returns as may be required from him. 10.

The violation of any of the provisions of this Act shall be an offence for which the offender shall be liable on

summary conviction to a penalty not exceeding $25 and costs, and in default of payment thereof it shall be lawful for a justice or justices of the peace or police magis trate so convicting them or any one of them to commit the offender to the nearest common gaol, with or without hard labour, for a period not exceeding thirty days, unless the said penalty be sooner paid.· 11. All fines imposed for the violation of this Act shall be paid over to the general revenue fund of the province. 12. The provisions of

chapter of the Consolidated Ordinances of the North-West Territories, 1898, as amended by

chapter of the Ordinances of the North-West Terri tories, 1899, are hereby repealed. No. 52 FlRSrl' SESSION THIRD LEGISLATURE GEORGE V 1913 (8ZCOND 81!l8SION) BILL

An Act to Provide for Giving Thresh ers a Lien in Certain Cases. Received and read the First time ................. . Second time ............... . Third time ................ . EDMONTON: J. W. J111naaY. Government Printer .t.D. 1913 Title: 1913 (3rd, 1st) Bill 52,

An Act to Provide for Giving Threshers a Lien in Certain Cases

Document details

Collection	Alberta — Bills
Citation	L3 S1 10564
Type	bill
Volume / chapter	L3 S1 10564
Language	en
Format	json
Source	PROVINCIAL
Identifier	18d003a10fd77c53471fae7307ceb84d8c8016e0

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