Bill 12 (Legislature 14, Session 1)

L14 S1 5902

Alberta — Bills

No. 12 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 12 A Bill to amend The Garagemen's Lien Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Ma.jesty, Edmonton, Alberta, 1960

Explanatory Note 2. The expression "motor vehicle" is defined at present in both this Act and The Vehicles and Highway Traffic Act. It is desired to have the meaning the same in both Acts. In The Vehicles and Highway Traffic Act "motor vehicle" means every vehicle pro pelled by any power, other than muscular power, except aircraft, tractors, whether equipped with rU!bber tires or not, traction engines and such motor vehiolesas run on rails or tracks. Clause (

b) of

section 2 presently reads: "2. In this Act, (b) "motor vehicle" (

i) means a vehicle propelled by any power other than muscular power, and (ii) includes an aerop,lane, but (iii) does not include a tractor used for agricultural purposes or a motor vehicle that runs only on tracks or rails;" 3.

Section 3 (3) is amended to include a reference to an agent.

Section 3 (3) presently reads: "

(3) No garageman is entitled to a lien under this Act unless before surrendering possession of the motor vehicle he obtains from the person who authorized the storage, repair or maintenance, or who ordered that accessories be furnished for it, an acknowledgment of indebtedness by requiring that person to sigon an invoice or other statement of account.".

Section 4, subsection (3) p:vesently reads: "

(3) The registration clerk snaIl cause an alphabetical index to be kept of all claims of lien filed with him according to the maker of the motor vehicle and setting out the model, year, serial number and engine number of the motor vehicle to which the claim relates and shall cause to be endorsed upon each claim received by him the' time and date of its receipt.". 5. This SUbsection is intended to remove an uncertainty presently existing in the case of seizures under one lien by a person who may have several liens on the same vehicle.

BILL No. 12 of 1960

An Act to amend The Garagemen's Lien Act (Assented to , 1960) HER MAJEST,Y, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Garagemen's Lien Act, being

chapter 128 of the Revised statutes, is hereby amended.

Section 2 is amended by striking out clause (

b) and by substituting the following: (b) "motor vehicle" has the same meaning as is given that term under The Vehicles and Highway Traffic Act;

Section 3 is amended by striking out subsection (3) and by substituting the following:

(3) No garageman is entitled to a lien under this Act unless before surrendering possession of the motor vehicle he obtains from (

a) the person who authorized the storage, repair or maintenance, or his duly authorized agent, or (

b) the person who ordered that accessories be furn ished f'Or the motor vehicle, or his duly authorized agent, an acknowledgment of indebtedness by requiring that per son or his agent to sign an invoice or other statement of account. 1,4.

Section 4, subsection (3) is amended by striking out the words "serial number and engine number" and by sub stituting the words "and serial number".

Section 6 is amended (

a) by renumbering the present

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the following subsection: (2.) If at anyone time a person has more than one llien under this Act on the same motor vehicle, seizure of the motor vehicle under anyone of the liens constitutes a seizure in respect of all of the liens of that person on the motor vehicle.

Section 7 presently reads: "7. Upon the filing of a claim of lien pursuant to this Act the lien continues for a further period of ninety days from the date of flling and determines upon the expiration of that period unless a warrant addressed to the sheriff of the Supreme Court of Alberta for the judicial district in which the motor vehicle subject to the lien is for the time being and directing the sheriff to seize the motor vehicle and return the s~me to the garageman, is issued and delivered to the sheriff.", and see note to clause 8 hereafter.

Section 8 presently reads: "S. (1) The sheriff shall seize or cause to be seized the motor vehicle in respect of which the warrant was issued if it is found anywhere in the judicial district for which the sheriff is appointed, and there after, upon being paid the amount of the proper fees payable in respect of the warrant and seizure, shall deliver it or cause it to be delivered to the garageman or his agent at the place at which the motor vehicle is to be kept under seizure in the judicial district in which the seizure was made.

(2) The warrant expires and the lien determines six months after the issuing of the warrant unless a judge otherwise orders, in which case the warrant and lien expire and determine upon the day specified in the order.". and see note to clause 8 hereafter. 8. This clause and clauses 6 and 7 are intended to change the manner of enforcing liens under this Act from the special pro cedure of this Act and The Possessory Liens Aet, as heretofore, to the general and more common procedure of The Seizures Act.

Section 9 presently reads: "g. Upon the delivery of a motor vehicle so seized to the garageman, the garageman (

a) has the same rights and remedies for enforcing his lien against the mortor vehicle as if he then had a possess'ory lien for the same amount, and (

b) may enforce the lien in the manner prescribed in The PossesSO'l"y Liens Act in the case of a possessory lien." SUibsection (2) so far as the garageman is concerned preserves his priority to the .proceeds of sale, but thereafter The Seizures Act applies. 9. SeIrf-explanatory.

Section 7 is struck out and the following is sub stituted: 7.

(1) Upon the filing of a claim of lien pursuant to this Act, the lien continues for a further period of six months from the date of filing.

(2) A lien determines upon the expiry of six months from the date of filing thereof unless, within the period of six months, (

a) there is issued and delivered to the sheriff a true copy of the lien and a warrant in Form C in the Schedule, addressed to the sheriff of the judicial district in which the motor vehicle that is subject to the lien is for the time being and directing the sheriff to seize the motor vehicle in accordance with the requirements of The Seizures Act, and (

b) seizure of the motor vehicle that is subject to the lien has been effected.

Section 8 is struck out and the following is sub stituted: 8. The sheriff shall, in accordance with The Seizures Act, seize or cause to be seized the motor vehicle in respect of which the warrant was issued if it is found anywhere within the judicial district for which the sheriff is ap pointed.

Section 9 is struck out and the following

section is sub stituted: 9.

(1) Upon a seizure of a motor vehicle pursuant to this Act, The Seizures Act, except where expressly other wise provided in this Act, governs and applies to the seizure, and the lienholder shall, subject to subsection (2), enforce his rights and remedies under this Act in accord ance with the provisions of that Act.

(2) The proceeds of the sale sha,ll be applied first in pay ment of the expenses of the sale and then in payment of the lienholder's debt, and thereafter payment out of the balance, if any, shall be governed by the provisions of The Seizures Act respecting the payments of a surplus remain ing after distraint under that Act. 9. The following new

section is added immediately after

section 9: 9a. Where forms are prescribed by this Act, a sub stantial compliance with the requirements of the form is sufficient and a lien is not invalidated by a failure to comply strictly with the requirements of the prescribed form un less any person having an interest in the subject matter of the lien is prejudiced thereby.

3 10. Authorizes the making of regul1ations regarding the matters herein set out. II. (

a) Forms A and B revised. The Forms presently read as relevant: "FORM A A ..

B ................................• of ............................... . (Name of Claimant) (Address of Claimant) carrying on the business of a garageman at ........................... . (Give address) pursuant to The Garagemen's Lien Act, claims a lien upon a certain vehicle (here set out the licence number, if any, of the vehicle and the make, style, year and mo·del thereof and the serial number of the vehicle and its engine) in respect of (insert here particulal'!s of the storage, repair, maintenance or accessories in respect of which the lien is claimed, the date upon which the storage terminated or the motor vehicle was last serviced or the repairs were compileted, as the case may be) ............................ of .........................•.. (name) (address) who authorized the storage, repairs, maintenance or furnishing of accessories, for which a lien in the sum of $.............. is claimed, has acknowledged indebtedness to me for the amount claimed by signing an invoice or other statement of account.

The address for service of the claimant is .......................... It "FORM B I, ............................. :. ~~~~'d . in the above or annexed claim make oath and say that the statements set out in the said claim are true and that I have full ~~owledge of the facts. ('

b) Prescribes a :form of warrant for use under this Act. This Act comes into force on the 1st day of July, 1'9160, by virtue of The Statutes Act (RS.A. 19'5>5,

chapter 320,

section 4(4».

Section 10 is amended (

a) by renumbering the present

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the following subsection:

(2) The Lieutenant Governor in Council may by regulation prescribe fo~ms for use under this Act and make rules governing the manner of issuing, delivering or filing warrants or other documents with sheriffs. 11. The

Schedule is amended (

a) by striking out Forms A and B and by substituting the following: FORM A (Section 4) CLAIM OF LIEN A.B ......................................... of ................................... . (name of claimant) (address of claimant) carrying on the business of a garageman at .......... .. ................................ pursuant to The Garagemen's (give address) Lien Act, claims a lien upon a certain vehicle (here set out the licence number, if any, of the vehicle, and the make, style, year and model there of and the serial number of the vehicle) in respect of (the storage, repair, maintenance and accessories, or any of them, as the case may be,) shown on the attached invoice or statement of account, together with the dates thereof, of ........................................ of (name) ................................ , who authorized the (storage, (address) repair, maintenance or furnishing of accessories, as the case may be,) for which a lien in the sum of $.. .. .. .. .. .. .. .. .. .. .. .. .... is claimed has (himself or by his authorized agent) acknowledged indebtedness to me for the amount claimed by signing an invoice or other statement of account.

The address for service of the claimant is .......... .. Dated at ............................ this ........................ day of .................................... ,19 ........ . .... . .... "'( Sig~t~~~· .~/ '~i~i~d~i' ~~. h~' ~{;~~t)' FORM B (Section 4) AFFIDAVIT VERIFYING CLAIM I, ............................................................ ,named in the a,bove or annexed olaim, make oath and say that to

4 the best of my knowledge, information and belief the statements set out in the said claim are true. Sworn before me at. .............. . in the Province of ................... . this ................ day of ................... . 19 ........ . ...................... . .... Commissioner for Oaths (or as the case may be) (

b) by adding immediately after Form B the following new form: FORM C (Section 7) WARRANT The Garagemen's Lien Act (Chapter 128 Revised statutes) TO THE SHERIFF Judicial District of ................. .. . ., my bailiff in this behalf. You are hereby requested and authorized to seize a certain motor vehicle described as follows: Make Model Year Licence Number Serial number the property of ................ of. .. . . .. . . in the Province of Alberta and now in the possession of. ...................... at....... .. ..

Alberta, which said motor vehicle is subject to a certain garageman's lien filed with the Registration Clerk for the Motor Vehicle Branch on the ............... day of .............. .. A.D. 19 .......... , at ...................... o'clock for repairs, maintenance of or the furnishing of accessories for the said motor vehicle, (a true copy of such lien being hereunto attached) to realize the sum of ............................ dollars and costs.

I hereby inde'mnify the said sheriff for his fees, charges, and expenses and any claims for damages in respect of the seizure of the said motor vehicle and any thing done in relation thereto. Dated at .......................................... , Alberta, this ....................... day of ....................... , A.D. 19 ....... . (Signature) N arne and address of Garageman (Witness)

No. 12 FIRsrr SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL An Ac·t to amend The Garagemen's Lien Act Received and read the First time ........................ . Second time ....................................... . Third time ............... . HON. MR. MANNING Title: 1960 (14th, 1st) Bill 12,

An Act to amend The Garagemen's Lien Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5902
Type	bill
Volume / chapter	L14 S1 5902
Language	en
Format	json
Source	PROVINCIAL
Identifier	3e671041cf3dfd109e6943d2595da36120b065fe

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