Bill 30 (Legislature 1, Session 1)

L1 S1 10458

Alberta — Bills

Short title. Interpre tation. "Conrt" or "Jn<l e;e " "Cont r11 c tor" 11 Subcon t ract. or" "J\ner". B I L L An,..·Act for the Benefit of Mechanic· and Labourers. (Assented to His Majesty by and with the ad.vic~ and eonsen t . of the Legislative Assembly cf the ::?rov~nce of Alberta, enacts as follows : '

Short Title. '1. This Ac{, rna;:.: be eitel'l as"!he M:echanics' Lien A:ct". Int errlreta.t ion • . ]!.

In the construct ion of this Act , (1) "Court " or "Judge" shall mean the -Sy.rheme Court of the North West Territories or such Court as ' may hereafter be constituted exercisine within the Province the jurisdiction, powers an<f. au~hor~ty a~ the date of the passing of this Act exer_cisect therein by the Svpreme Court of the No•:tlJ Yvest Ter;rit orie s or·any Judge of the said Court or of such last mentioned Court. ( 2 ) ncontractor " shall mean a person employed directly by the ov.ner for doing the work or placinG or furnishing materials for an~r o:' the purroses mentiont·d in this Act • (3) :rsubcontra,ct o.r" shall mean a. person not contracting with or employed direct'l~ by~e, ~Qr for t}·e purpose afOri9Saio, but COntracting With Or emrrloyed b~r the contractor or un.' er him, b~· another subcontractor• to do all or a certain portion of the work or t o place o·· furnish material, but a person doing manu <JJ. or mental labour for \':ages shall not be a.eemed a n subcontract o rn. ( 4) "Owner" shall extend to and include a person having a:ny estate or interest , legal or ec1uit.able,

nv· 0 :rks or improvemPntn" "Lab onr er" "Material" "Wage s" "Application.

Mechanics and others to have liens for work done etc. -2- equite.ble, in the land.s upon or in respect of which the work is doneor materials aro placed or furnished, at whose request and upon wl:.ose credit or on whose beh~~lf, ,.or with whose privity or consent, or for whose direct benefit any such work is done, or materials are placed or furnished, anr1 all persons claiming uncler him whose rights are acquired after the work in respect to whio:h the lien is claimed is commenced or the materials furnished have been commenced to be fum ished. ( 5) "Works or improvements " shall include every act or undertaking for vhich a lien may be cla1med under this Act. ( 6 ) "Labourer" shall mean, ext ena to and incl ud_e every mechanic, miner, artifian, builder, or other person doing labour for wages. ( 7) "Mat erial" shall incluC e every kind of movable property. (8) "ffages" shall mean money earned by a labourer. for work done whether by time or as piece work.

A p plication • 3 This Act shall apply to any contract made or work begun previous to the passage hereof, but only so far as regards any moneys remaining unpaid and as respects a~~ such unr)aid moneye1. Nature of I.iens. 4.

Unless there is an agreement in writing, to the contrary signed by the person claiming the lien, every contractor, subcontractor, labourer, anct furnisher of material doine; or causing work to be done UilOn or placing or furnishing any IIl2.tElrials to be used in or for the constrnct:lon, 'recti on, alteration or rerairs. either in Whole or in part of, or addition to, any building, tramway, ratlwey, erection, wharf, bridge or

Mat A rial snl' j e c1~ to lien. -3·- bridge or other work, or doing or causin8 work to be done upon, or lim connection with, or the placing or furnishing of materials to be used in or £or the clearing,, excavatine, filling, greeting, tracklayire, d.rainint,, or irrigating of any land in reSJ;ect of a tramwey, ra:;_lway, mine, sewer, drain, ditch, flume or other work, or improving any street, road or sioewalk adjacent thereto. at the request of the ovmer of such land, :Shall, by ~irtue thereof, have a lien or charge for the price of such work, and the placine or furnish ing of such materials upon such "building, erection, whtlrf, machinery, fixture, or other works, and all materiPls furnishea. or procured :for use in constructing or 1-:1aking- such works or improvements so lone as tr_e same A.re about to be in good faith worked into or made part of the said W'orks or imlJroveruents, and the land, premises, and appurtenances thereto, occupied the Teb y or en~oycd therewith, but limited in amount as hereinafter mentioned : Provided such lien shall affeot only such interest in the said land , premises and ap1)urtenanc es tltereto as is vested in the owner at the time the wotks or improvements are comJI:enced, or any greater interest the owner maJ' acquire durLne the progress of the v.rorks or iEJ.Jll'OVe:nents, or heve at any time durinr, which the lien stands as e-n incumbrance against said land. -l.5,t When any 11at erial is brought upon any lB.nd to be used in connectio'l with such land for any of. the purposes enumerated in the last preceding

section hereof, the same shall...oc"be subj ·at to a lien for the unpaic"t price thereof in favor of any person supplying the same until it is put or workC:d into the building, erection or v1ork as part of the same.

Aror~'Amen t nl.-J to liens. Certain pro oeecl ings not to he deemed satisfBct ion 111r waiver or lien A rnOllTI t t o which lien is limitod. Lien 8 on. mortcagod pre mises. -4- 6 No agreement shall be held to deprive any one otherwise entitled to a lien uncler this Act and. not a party to the agreoment of the benefit of the' lien ani'. the lien shall attach notwithstanding such agree- ment • 7.

The taking of any security for, or the acceptance of any promi~3so ry note for, or cheque m ich on pre- · RentBttom. is dishonoured, or the takinG of any Qther acknowledgment of the clc:·im, or the taking of any pro cet<:!dings for the recover~- of the claim or the recov.ery of any personal jude;ment for the claim, shall not merge. waive, pay, sat :_sfy, prejudice, or destroy any lien created by this Act , unless the lien h lde:J;" agrees in writing that it shall have that effect: ., Provided, ho,:.ever, that a pe~~·oon who has exten ed the time for payment of any claim for 't'ihich he ha_s a lien under this Act to obtain the benefit of this

section shall institute proceedings to enforce such lien within~ the time limited by t1: s Act, but no further proceedings shall be t ken in the action untj 1 the expiration of such extension of time : .Provided :fu:r-ther, that not- v.i thBtanding such ext ens ion of time, such lie r::o n l!L'-~r. '.':here proceedings are instituted by any o· her person to enro rce such lien agains1; the 2 a:!le 1)roperty, prove and obtain payment of his claim in such su.i t or action as if no such extension had b·-=en given. 8. ::>uoh lien shall be limite(l in amount to the sum actually owing to the person entitled to the lien. 9.

Where works or imp!ove:nents are put upon morte;aged premises, the liens by virtue of this Act shall be prior to such mort~age, as against the incre a:·e in va.lue of the mortsaged premises by reason of such works or improvements, but not further, unle s the same is

Interpret nt ion of nMort gP,~ e".

Claim for wages. -5- done at the request of the morteagee in writing ann the amount of such increase shall be ascertained upon the ba s:Ls of the selling value upon taking of the acc01.mt '· or by the triaJ. of an~ issue as provided i-n- ~Qo~·ioD here~, and thereupon the :rudge "' may, if' ;1e shall con:iderthe wo:rks or improvements of suff; ci ent value to justifY the proceedings,. order the mortgaged premises to be sold at an upset price equal to the selling value of the premise:s im•ecliately prior to the commencement of such 'sorks or improveinents (to be ascertained as aforesai~i). and any su.:n realizea. in excess of such upset price shall be subjnct to the liens provided for by this Act.

The moneys eo.ual to the upset price as aforesaitl shall be applied tovrards the said mortgage or mortgages, according to their priority. Nothing, hovr ver, in this

section shall prevent the lien from attaching upon the equity of redemption or other interest of the owner 6f the land subject to such mortgage or charge. (a) "Mortgttge rr in this

section shall not ~ nc lua e any part of the principal sum secured thereby not actually advanced. to the borrower at the time the works o1jimprovements are commer.ced, and shall include a I vendor's lien and an agreern~mt for the purchase of land, and for the pur1)0ses o:f this Act,, and within the meaning thereof, the purchaser shall be deem d a mortgager and the seller a ;nortga.gee. 10.

Without prejudice to any leins which he may have under the preceding sections every mechanic, la.bourer or other person who performs labour for wages upon the construct ion, alteration or repairs of any building or erection, or in erecting or placin; machinery of any kind .in, upon or in connection with any buj.lding erection or mine shall to the e- tent of the intierest of the owner have upon the building, erection or mine

-6- and the land occupied thereby or enjoyed therewith a lien for such wages, not exceeding the wages of six weeks or a balance equal to his ·11ages for Bix weeks. (2) .i The lien for ·,,iages given by this

section shall attach when the labour is in res1)ect of a building, erection or mine on property belonl}ing to the wife of the person at whose instance th·e wo1·k is done, upon the estate or interest of the wife in such :property as well as U110n that of her husband. 11. Every building or other Iiunprovement ment1oned in the fourth ::.action of this Act, constructed upon any Owner of 1 . t land d ee.r.ed a.nds vn h the knovil·sd.ge of the owner or his authorised to huv e author- ised thP erec- agent, or the person having or claiming any interest tion of bu i lrl ings t thereon.

Not ice by owner that he 'IVill not therein, shall be held t,, have been constructed at the instance of such owner, or person having or claiming any interest therein, _unleos spLC'..h owner Q:;r person having or claiming an interest therein shall, within "three days after he shall have obtained knowledge ' of the construction, alteration or repair, give· notice that he will not be responsible for the sarne, by J.!Ost- ing a not ice in wr:L t j_ns to that ef"ect / in some con- e:picuous place upon said land or upon the building or other imy1rovement thereon. (a) \Vh:anever such ovmer or such person, not having oontractec1 for or agreed to such construction,. altera- tion , re]:Jair, ;,vorks or improvements being done or n:ade, be reSJlOnsible hnt vvho has failed to give sai.d notice within the said for vvork done on his thrne days, shall post a noti2e in writing in soxae land. oons.picuous place upon said land, o.r UJlOn the buildings or improvements thereon, to the effect that hEl will not 1)e responsible for the works or improvements, no works or improvements made after such IJOSting shall give an:r right as against such o-vvner or pel~son, or his interest in sa.id land, to a lien under thjL s Act.

Insurance moneys. Lien expires in 31 days after com pletion of work unless ree;i st ered. Exception as to mine. !"i:egh1t rat ion of liens. -7- 12. vvlrere any of the property, u:pon vir.iich a lien is given by this Act. is wholly or partly destroyed. by fire, any insurance receivable thereon by the owner, prior mortgagee or chargee, shall take the place of the property so destroyed, and shall, after satisfying ' any prior mortgage or charge in the monner anc1 to the e:·tent set out in

section 9 hereof be subject to the claims of all :perS()_:ns_ for liens to the same ext1ent as if such moneys were realized by the sale of such property in an action j;o enforce a lien. 13.

Every lien upon an~r such building, erection, mine, works or improvements, or land, shall absolutely a ease to exist after the expiration Jf thirty-one day·s, except in the case of a claim for wages owing for work in, at or about a mine, in which case the lien shall c:ease after the expiration of sixty days after the works or improvements shall have been com:pl et ed, or after the claimant has ce<'~sed from an~~ cause to work thereon, or place or furnish the 1m:1.terials therefor (provided ho~ovefer, that any l2.bourer shall not be held to have ceased work upon any building, erection, mine , works or improvemrmts until the COID}lletion of the same, if he has in the me en time been employed upon an~r ~other work by the same contractor), unless in the meantime the person claiming the lien shall file in the Land Titles Office of the Land :Registration District in which the land is situate an affidavit, sworn before any person authorised to take oaths, stating in substance; (

a) The name and residence of the claimant, and of the owner of the property or interest to be chareed : (

b) The partictllars of the kind of ' .. orks or improve- mont s done, rm.de or furnished (c} The time when the works or improvements were finished or discont'inued. : (

d) The smn claimed to be ow:i ne and when a ue : (

e) The d escrirJtj_on of the property to he charged

amount for which lien may be file0. Claims to be filed as -8- which aff:!davit shall be received and filed as a lien aga::.nst the property, interest or estate. Every Registrar unser The Land Titles Act, shall be supplied with printed for!nS of such affidavits in blanlc, which may be in the for!n or to the eftect of Shcerlule .A to this Act, and which shall be su:p:?lie d to every person requesting the same and. desiring to file a lien.

Every such Reeistrar shall keep an alphabetical index of ~'11 claimants of liens, and the persons aeainst whom such liens are claimed, ·which index shall be open for inspection during office hours, and it shall be the duty of such Registrar to decide whether his is or is not the pr01)er office for the filing of such affidavits, and to direct the ap licant accJ:cd.ingly; and no affidavit shall be adjudged insu'· ficient on the gro nnd that it was not filed in the proper reeistry office • .., ( 2) Upon the filing of such af:fidavi t;ftprovided however that no lien shall be filed unless the claim or j oinor1 claims shall amount to or ageregat e ~p20. (}r more,fC:::the Registrar shall enter and ree ister the claim as an incumbrance against the land or the estate incumbn-mces. or interest in the lanCi therein described ClS provided Substo.ntial compliance with sect ion 13 only necessary. :tn the Lana_ Titles Act.

The said claim of lien ma:r be described as a Mechanics' Lien. 14. A substantial compliance only with

section 13 of this Act shall be required, and no lien shall be inval- idat ed b~~ re['.SOn of failure to com ly with an~; of the requiBi t 1s thereof, unleE;s in the opinion of the Court or JUdBe adjudicating upon the lien under~ ~Act the owner, contractor, sub-contrEctor, mort- ;:sagee, or other person is prejuc1_iced. thereby, and then only to the extent to which he is prejudiced, an the Court or Ju,ie;e may allow the affidavit and state- ment of claim to be amenc1en accordingly.

Liens to pass on death to legal represent at j_ VAs or may be assigned. During continuance of lien property must not be removecl . Ii.ec eipt en pay rolls to be postecl on works. -9- 15. In the event o~ the death of a lien hoLl.cr his lien shall. pass to his personal representatives, and the rieht of a lien holder map: be assiened by any instrument in vyriting subject to the limitations contained in

section 17 hereof. 16. Durinc; the continuance or any lien no portj_on of the llroperty affected there1:~ shall 'be removed to the prejuoice of such lien and any attempt at such rernoval may be restrained on ay }Jlicat ion to the Court or Jude;e. 17.

No contractor, or sub-contractor shall be entitled to cl.emanrl or receive any payment in :respect of any contract, ·where the contract ycice exceeds ;j5oO. until he, o:,_- some person in charee of the works. or im};rovements, shall post upon the works or improvements, a copy of the receipted pa~7 roll, from the hour of 12 m. to the hnur o:f 1 p.m. on the first legal day after pay day, anc1 shall have delivered to the owner, ,,r other person acting on his behalf, the original pay rol~ containing the names of all labourers who have clone work for him upon such works or itn].)rovemants, with a receipt in full f:rom each of the said labom 4 ers, with the amount:::J Vlhich were due and had b· en paid -j;o each of them set 011posite th~i:r res::_::€ctive names , which pay roll rmy be in the for~n of Sche(l.ule C hereto. and no pa;;rment made by the owner without the deli very of such rE~.y roll sha'l be valid for the purpose of defeating or dim·.nishing any lieh upon such :propert¥,estate or interest in favour of any such labourer.

No assignment by the contractor, or any sub-contract or, of any moneys cue in respect to the contr<:.Lct shall 1 e valid as against any lien given by this Act. Ac !-;o all liens, except that o:P the con tractor, the whole contruct price shall be 11ayable :Ln ,noney, and shall not be dim1nished by any prior

-10- O!! subsequent indebtedness , offset or counter claim in favonr of the owner against the contractor. Enforcement. 18 Any number of liEJnholcJ ers may be joined in one suit and ?11 suits or proceedings "'oroucht by a li,en Cons olidat ion of liens. holder shall be take to be brought on behalf of all lienholc'lers who ma~r be made parties to such suits or proceedings with in th~:J time mentioned in the

section hereof : Provided that the :noneys realized. in such suit shall be distributed amongst the lienhold.ers parties to such snit or pa10ceedinP:s, in the order and manner provided in~ ~ ·secti oh~f this Act. Any lienholder not originally joined may be made a party to such :suit or proceedings by order of a Juclge, Ul)On ex :parte application SUl)ported by an affidavit stating the parti mlars of the claim, and any lmimholder so joined in an:,: such suit or pro- ceedincs shall be o.eemed to have CO!ll})lied with_, i;.fi.e- ~--section- 1 of this Act as fully as if he had instituted a suit in his ovvn behalf. 19.

If more than one suit is co1nmenced in respoct of o-. ... mer may apply t 0 have the same contract , the ovvner or co:nt rP ct or shall apply suits consolicl.at eel. to have the cam·. es con so lid at ed, and failinr, to 0 o so he shall pay the costB o:': such adctiti.ma1 suit or suits. The O\Nner complying with the provi Bions of this Act shall not be liable for an~.' greater sum than he has agreed to pay by contract. 20.

If two or more actionB are broueht in respect Juclge may of the same contract or wo:rk, the Corr,t or Judge shall, order consolidation hy order, on the appli cat:l on of any person interested, of actions. cJnso1icl.ate all ahe act ions, and mEJ\Y~ ma.lre such ord.er as to costs as he shall thinl~ fit •.

Claims not exceeding .~:200.00 may be tried summarily. No appeal where claim does not exceecl ~·~oo.oo Enforcement of claims 1''20r over <J •. , \).00 - 11- runonnt 21.

In alJ. cases :fin which the~claimt:Lby the l:Len or where the total amount claimed by all the liens joinecl in one bllit as herE3inbefore provided does not xceeed the sum o ~ ~~ ~o proceedings may he taken before a Com·t or a Judge in a sumrna.ry v,rey by t t ' ~ ~. . 1;1.-. t originat inc SUlmnons ~~~ o ne r-~ ln · l~a behalf#~ ~~'Whe Judicature Ordinance of The North West Territor*es, and such Court or Judge may take accounts and make r equ i site inquiries, try issues and in defa:nl t of payment, may direat i.ihe sale of the estate or interest charged, and such further pro ceedl.nes may be taken for the pmrpoae aforesaid as the Court or Judge nay thing proper, and any conveyance una. er the seal of such Court or Judge shall be effectual to pass the estc-.te or interest sold, and. the fees ancl costB in all pro ceedin[;'S t~tken u.nC1 er this

section shall be such as are payable according to the ordinary proced.ure of the said Court. And when not otherwise provided the lJroceedings shall be as nearly as possible accordin.; to the pract i::;e and procec'ure in force in the sa:_d Court. 22. The judgmen·t of the Court or Judea in Eny pro- ceedings taken under the last preceding

section hereof sh.:tll be f:inal, binding and vrithout appeal. 23. In all cases in ·which the amount ''laimec''l by the lien or the total amount claimect b~r all the liens joined in one suit as hereinbefore provided exceeding t he r:::um o f such lien or liens may be realised in the Supreme Cou t of the :north ~::est Territories or such other Cou:ct as may herea:f:t er be constituted exercis:Lng within the Province the jurisdiction. powers anc1 authority e.t the o.ate of the passing of this Act exercised th.erein by the Supre.1e Court of the North ;·,'est Terr it orie s in the Judicia 1 D. ~strict

Juagment "or amount of claim. Summons to shew cause why lien should not be cancelled. Ju(l ge may order cancellation of 1 ien. On Judge's order lien to be cancellen. • -12- in ·whiC,1 the land ch1s.rged is situated accordinc to the ordinary procetlure of that Court. 24.

Upon the hearing of any claim for a lien the Court or Judge may so far c'S the parties before him, or any of them, are debtor and creditor, give jud.g- ment ag~; inst the former in favqur of the la'. ter for any indebtedness or liability arising out of the claim in the same manner ana to the same extent as if such indebtedness or liarlility had been sued upon in the said Court in the ora.inary way, without ref,:;rence to this Act • 25.

Any person against whose 1n·operyy a lien has bP en registered under the 11rovisions of this Act may ar:ply to the Court or Judge on an affidavit settin, Forth the re._istry of the same 1, and that hardship or inconvenience is e:·:-.::perienced, or iB likly to be ex}!erienced thereby, with the reasons for sueh statement, for a summons calling UlJOn the oppdlsite party to show cause why such liEm should not be c~ncelled upon sufficient security being e;iven.

Such sum 1ons, . together with a copy of the affidavit on v.hich the f:3ame is granted, shall be served on the opposite party and ma.Cl e returnable in three days after the issuing thereof, or in such greater or le BS time as the Judge rw.y direct o 26 ,, On the return of such sum.cJOns the Court or Judge may order the cancellation of such lien, either in "l'ihole or in part, Ul;on the giving of security by the party against whose property the said lien is reeist ered to the opposite party, in an amount satisfactory to other the said Court or Judge, and upmn such,"tenns, i:f' any as the Court or Judge ma~l see fit to impose. 27.

The Registrar in whose o' "'ice the said lien is registered shall, on the production of such order, file, the E: ame ant cause the saiC1 lien to be cancelled as to the r)r011ert~r affected by the order •

In certain cases owner or contract or to pay costs. Leasehola property. Distribnt ion of moneys realized under Act. -13- 28.

When it shall appear to the Court or Junge in any proceedings to etl:force a lien or liens under this Act that such proceedings have ar:L sen frm~ the failure of any ovmer or contract or to fulfil the ...... -1 terms of his-contract or engagement for the work in ,, ~ respect of which the liens are sou[;h t to be enforced, or to comply with t hH provisions of this Act, su<fu Court or Judge may order the said owner or contractor, or either of them, to 1)ay all the costs of such proceedings, in addition to the amount of the contract, or sub-contract, or wages due by him or them to any contractor, sub-contl!actor, or labourer, and may order a final judgment against such contractor or owner, or either of them, in defaul"S for such costs • with execution~ as provided in

section ~-of this "' Act .. 29. If the property sold in any proceedings under this Aat shall be a leasehold interest, the purohaser at any such sale shall be deemed to be the assignee \ of such lease. 30. All. moneys realizecl by proceeclings under this Act shall be ap_:liecl and distributed "lin the following order ·-. __ , .............

First :- The co~·it8 of all the lienholders of an<i inci- dental to the proceedings, and of registering am provin~ the liens; Second :- Six weeks wages (if so much be 01Jing) of all labourers employed b;y the owner, contract or or sub- contract or : Third :- 'The several ampunts owing for material, placed or furnished, in respect of the works o:r- iiDI) ro verne nts : Fourth ;- The amounts owine the subfcontraotor and I other persons em:plo:yed by the owner and contract or Fifth :- The amount owing the contractor.

( :z_) Each c le. as o:f lienholders shall rank :pari passu " for t;1Hdr :1c:rveral a1aou.nts, a.ncl th3 po:.-tions of said moneys available for distribution shall be distributed among the lfuenholders prorata according to their several classes and ri0hts. ( 3) Any balance of said moneys remainine after all the above amounts have been distributed shall be payable to the owner or other person legally entitled thereto.

Provided. however, that when any labourer has more than six weeks wages. owing to him , by any fmb- contract o:r, contract or or owner, the Court or Judge shall cause the extra sum beyond six weeks vmgea to be deducted out of any sum a at ually comine una.er the above distribution to such sub-contraat or, contract or or owner, and shall order the same to be paid to such labourer. 31.

Ever'J d.evic e by an owner, contract or or sub- ~ contractor, adopted to defeat the priority given ;Device to yo wag a-earners for their wages by this Act sha11, defeat priority as against such wage-earners,be null and void. of wage earners voin.32. No lien, except for not more than six weeks Owner's wages, in favour o .': labor1r ers shall attach so as to liability as to wages make the ovmer liable for a greater sum than the sum unpaid hy Contractor. owing and payable by the owner to the contractor .• Materials exempt from execution. 33.

Where any mechanic, artisan, machinist, builder, miner, contract·or or .an~r other person has furnished or procured matr:rials for llE e in 'the construretion , alteration or repair of any build. ing, erection or mine at the request of and for some other person, such materials shall not be subjec t to execution or other 1n·ocess to enforce an~: debt (other than for the purchase thereof} c1ue by the person furnishing or procur2.ng such EJatorials, and whether the same have or:~tt been

Liens fo~ the iml~rove ment of chattels enforcing. When a lien shall expire. -15- been in mole or in part worked into or :rm.de r,art of such builpiDg or erection. 34.

Every mechanic or other Jlerson who has bestowed money Ol' skill and materials uy,orJ an:y chattel in the alteration e.nd imy;rovement of its properties, or increasing its Vt:l,lue, so as thereb~i t.: become entitled to a lien Ul)On such chattel 01· thing for the amount or value of the money. skill, or materials bestov1ec1, shall, while such lien exists, but not e.fter- wards, in case the amount to v.hich he is entitled remains unpaid for three months after the same ought to have been paid, have power to sell the chattel in respect of which the lien exists, on giving tv1o ~ ( weeks notice by advertiGement in a nmvspaper :published in the city, town or Judicial District in which the work was done, or in case there is no ner;spalJer published in such city, town or Judicial District, then in e. newspaper published nearest thereto, stating the name of the :persnn imlebted, the am01mt of his indebtedness, a description of the chattel to be sold, the time and place of sale ; and. after such sale, such 100 chanic or other person shall apply the proceeds of such sale in payment of the a~Jount due to him, and the costs of advertising and sale, and shall pay over the surplus (if any) to the peroon entitled thereto, on application being made to him therefor and a notice in writine of the result o-? the sale shall be left at or por;t ed to the address of the owner at his last knovm place of abooe or bl~siness.

Expiration, Cancellation and Discharge o 35. Every lien shall absolutely cease to exist after the expiration of thirty days after the filing of the, af~ ida vi t mentioned in sect ion 13 of this Act unless the claimant in the mcantJme shall have 1 insti- tuted proceedings to realize his lien uncler the

When a regi st erecl lien shall be cancelled. Receipted pay rolls of woodman's wages must he produced. -16""' the provisions of this Act and a certificate thereo:f (which may be granted by the Co.urt or Juoge in which or before whom the proceedings are instituted.) is duly filed in the Land Titles Office of the Land Registration District wherein the property in respect of miah the lien is cle.irred is situated. 36.

The Registrar of any Land Reeistration District shal:-L, on receiving a certificate uncl er the seal of the Clerk of the Gourt wherein any action in respect of any lien filed in the Land Titles Office within the jurisdiction of such Registrar is pencling,stating the names o ;" the lienholders parties to such action and that the amo,·nt due by the owner in res,eet of such liens has been ascertained and paid into Court in pursuance of an order of such Court or Judg-e or that the property has been so lCl to realize such liens, or that such lien has been improperly filed, or that such lien has otherwise ceased to exist, or, on receiving a statement in wri tine signed by the claim- ant or his agent that the lien has been satisfied, cancel all liens registered by such parties. 37.

Every person making or entering into any contract engagement or agreement with any other person for the pur]iO se of furnishing, suppl~l ing or ohta~.ning timber or logs, by Vihich it is requi:site mDt necessary to engageaand employ ViOrkmen ana. lab ou:cers in the obtaining , supplyint; ancl furn.Lsh:·l~ sncl 1 logs or timber as aforesaid, shall, be o J~e making any pay- ment for, or on behalf of, or under such contrFct, enga.g ement or aereement, of any sun of money,, or by kino., require such person to whom payment iB to be made to p~oduce and furnish a payroll or sheet of the wages and amount due and owing ancl. of the jpayment thereof, which :pay roll or shAet 1:nay be in the fonn of

Schedule C anneJ~ec1 to this Act, · f t or ~ no paid,

Person not requir ing pro duction of -17- .A..e+; Q;p if' ned; l?M4, the amount of wages or pay a.ue ancl owinc to all the v;orkmen or lab curers emr1oyed or engageQ on or undE"r such contract , engagement or agrenmont, at the time when the St>.ic1 ' logs or timber is delivered or taken in charge for, or by, or on behalf of, the person so making such ps.yment and receivin~ the timbAr or logs. 38.

Any person, making any payment under such con- tract, engagement or agreement vvithout reguil'ing the proo.uct ion o ~ the pa;.'-roll or sheet as mnnt ionect in rece"iptec• pay t · ,..,7 -P tb · A t h 11 b 1' bl t th 't roll shall be sec lOll ;? o.. ..ls c , s a e la e, a e SUl 1 ia'h le at suit f 0 f workman. o any workman or lab curer so enga.eed uno.er ~3aid Sums men tioned' in payroll as unpaid to be ret a· ned. contr; ct, engagement , or agreement, for the amount of pay so clue and owing to saia. workman, or labourer, unc1er sa.ic1 cohtr~:,_ct, engagement or agreement. Z9.

The pe:cson to -v;hon such ray-roll or sheet is given shall retain, for the use of the labourers or workmen whose names are set out in such pay roll or sheet, the sums set opposite their respective names v:hich ht~ve not been paid, and the receipt or receipts of such labourers or workmen shall be a sufficient dische.rt, e therefor. 40.

The Judges of the said Court , or any two of Judges may them, may 111ake gennral rules ano. regulations, not incon- make rules of Court. lttstent with th:ts .Act, for expediting and facilitating Const ;·uction of this Act. the business beforA ouch Court under this Act, and for the a:·vancernent of t.he interests of sui tors thereino 41 Nothine in thj_s Act contained shall be constr11ed to affect an?

Meche.nics' Lien filed or registeJ:-ed or the rights or liabi.lities of any person by or a.gair~st who or against whose property any Mechanics' L:Len has ,.. been filed or ree:::istered prior to the comine into force of this Act ; and all such liens 1my be II;Hife:r-eed:

-18- enforced in the same nnnner as thoueh this Act has not been pa~sed. 42. Save as herein provided 11 The Mechanics' Lien Repeal. Ordinance of the liforth West Territ erie s " and all amendments thereto are hereb:,' repealed. I

S C H E D U L E "A" In the matter of the "Mechanics' Lien Act " and in the 1na.tter of a lien cL~.imed by I, Albert a, 1. That of make oath and. say: of claim a mechanic's lien against the property of in terest hereinafter mentioned. whereof !'eEdd.i ng at is owner. 2. That thE~

part icnlars of the 'NO rk done, or materials f\unished, are as f'ollov•is :- 3. That the work or materials were finished, furnished. or discontinued on or about the dey of 4 • · That t he B aid was in the emploz:ment of contractor for the vvork in respect of which the lien is claimef., for days after the above mentioned date. 5. That the :smn of dollars is owing to in respect of the same, ancl was or will be due on the day of 6 5:'hs,t the dt:;scripti on of the property to be charged is as follows : Sworn at C1 a;y of me , A.D. Albert a, this before

S C H E D U 1 E "B" ', 11 Mecbanics' Lien Act n. Particulars of Y.·ork to be Clone for of , owner, by of contractor. (Here insert nature and lac at ion of rvork, anrl nature of interest of owner in the land. ) 19 Amount of contract, Dated the (Signed) Owner dollars·. day of Contractor.

Name. R no f.l ' ' • Description. T. -21- S C H E ]) U L E "C" :Pay-Roll. -------.,--------·--~----------------~--------~------~~==- ' From 5til J;anua ry 189~ to 1crth J~nu.ary l891, lin~:~ '!'ls~veJ ,-- ---,-- J:lll!!lber Rate ' o 1' da.y s ' Il~~~ : emliloyed l a--v ; Total amount ' I ,earned. Amount paid Si:n: dayst fl_;3.50 ~.::21.00 ' ~'21.00 I I I I .I ' r' ' , 'Receivec 'Date' payment ' 0 f ' , payw in , men~ full. • l?th' R.Roe Jan.• , 1 189lr I hereby certify that the s.bov e stat e.nent is cor:eect to the ber't of my knowlec1ge and belief, ana. is made by me incompliance anct in accordance with

section 1'7 of the ''Meclw.nics' Lien Act ", on account of (my contract to, or employment by, as the case may be ) , (here insert brief description of the work) for {owner's name) up to the d~ of 18 (Signed) Contn:J. ct or. day of l&

Title: 1906 (1st, 1st) Bill 30,

An Act for the Benefit of Mechanics and Labourers

Document details

Collection	Alberta — Bills
Citation	L1 S1 10458
Type	bill
Volume / chapter	L1 S1 10458
Language	en
Format	json
Source	PROVINCIAL
Identifier	5495a134bb23e6fbee359cefca903926b6e4c042

Source file is stored in the law ingest library (json).