Bill 41 (Legislature 8, Session 6)

L8 S6 8143

Alberta — Bills

Bill No. 41 of 1938. A BILL TO PROVIDE A LIEN FOR THE COST OF CLEARING, BREAKING OR OTHERWISE CULTIVATING LAND UPON CROPS GROWN THEREON. NOTE. This Bill creates a lien for the price of clearing, breaking or cultivating land in favour of a contractor under a con tract which is in the form and has been filed as prescribed therein, and such agreement may provide for payment of the contract price in grain. (Sections 2 and 3).

The amount of lien must not exceed an amount calculated at the following rates, namely, for clearing at the rate of $6.00 per acre; for breaking at the rate of $6.00 per acre; and for cultivating at the rate of $3.00 per acre. (Sec tion 7). Sections 4, 5 and 6 contain provision as to the filing of the agreement and the affidavits which are to be filed with it, and requires the agreement and affidavits to be filed in the Registration District in which the land to which the agreement relates is situate, within thirty days after the date upon which the agreement was executed.

The lien becomes effective upon the compliance with the requirements of the Act as to the execution, filing and registration of the agreement and due performance of the agreement by the contractor. (Section 6). The money payable under such an agreement is to be pay able by two equal annual instalments, the first on the 1st October next after the completion of the work and the second on the 1st October of the following year. The lien is upon any crops grown on the land cleared, broken or cultivated pursuant to the agreement, sown within eighteen months of the completion of the contract work. (Section 9).

The lien is given priority over all incumbrances, and claims, except claims for taxes, claims of the Crown, mort gages for seed grain and necessaries and charges for seed and/or feed advances. (Section 10). The lien is enforceable by distress. (Section 11). The prescribed form of agreement is set out in the

Schedule to the Bill. R. ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.)

BILL No. 41 of 1938.

An Act to provide a Lien for the Cost of Clearing, Breaking or otherwise Cultivating Land upon Crops grown thereon. (Assented to , 1938.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Farm Cultivation Lien Act." 2.

Subject to the other provisions of this Act, any person who, pursuant to an agreement in writing made in good faith with any other person who is in the lawful occupation of any land suitable for farming which has been duly filed and registered pursuant to this Act, clears any such land of brush and timber or either of them, or who breaks up such land, or who otherwise cultivates such land, hereinafter called "the contractor," shall have a lien or charge upon the crop grown upon the land so cleared, broken or otherwise cultivated, for the amount paYaible under the agreement for clearing, breaking and otherwise cultivating of the said land. 3.-

(1) Every such agreement shall be in Form A in the

Schedule hereto or to the like effect, and shall be in duplicate and each duplicate shall be signed by each of the parties thereto or their duly authorized agent, and shall be attested by a witness who shall make an affidavit of attestation in Form B of the

Schedule hereto.

(2) If the parties so agree, the agreement may provide for the delivery to the contractor of grain in satisfaction of the .<~laims of the contractor under the agreement and such provision shall be valid and binding on the parties to the agreement. 4. Every such agreement shall have endorsed thereon or attached thereto an affidavit of good faith made by each of the. parties to the agreement, which shall be in Form C in the

Schedule hereto. 5.-

(1) A duplicate of such agreement shall be delivered for filing to the Registration Clerk of the Registration Dis trict in which the land to which the agreement relates is

2 situate within thirty days after the date upon which the agreement was executed, and shall be accompanied by the affidavit of attestation and the affidavits of good faith required to be made pursuant to sections 3 and 4 together with a fee of one dollar.

(2) The Registration Clerk shall proceed to file and register such agreement upon the provisions of subsection (1) being complied with and not otherwise.

(3) The Registration Clerk shall proceed to file, register and deal with any such agreement in the manner prescribed under The Bills of Sale Act in the case of a chattel mortgage. 6. The lien created by this Act shall become effective upon the compliance with all the terms of this Act as to the execution, filing and registration of the agreement out of which it arises, and upon the due performance by the con tractor of all his obligations under the agreement, and not otherwise. 7.

The amount of the lien shall not exceed an amount calculated as follows: For clearing land of brush and/or timber .... $6.00 per acre. For breaking .................................................... $6.00 per acre. For cultivating ................................................ $3.00 per acre. 8.

The money payable under any such agreement shall be payable in two equal instalments and the first of such instal ments shall become due and payable on the first day of October next after the completion of the work to be per formed under the agreement and the other instalment shall become due and payable on the first day of October of the next ensuing year. 9.

The lien shall be upon any crops grown upon the land cleared, broken or cultivated pursuant to the agreement, which are sown within eighteen months of the completion of the work to be performed under the agreement and shall subsist from the time of the sowing of any such crop until such time as the same remains upon the land upon which it is grown or upon any other land under the control of any person who is for the time being the owner, mortgagee, lessee, tenant or occupier of the land upon which the crop is grown. ~O.

The lien shall have priority over all claims, demands, rights, interests, mortgages, liens, charges or incumbrances whatsoever against or in respect to any crop subject to the lien, save and except only claims for taxes, claims of the Crown, mortgages for seed grain and necessaries, and charges for seed and/ or feed advances. ~~. For the purpose of enforcing any lien created by this Act, the person entitled for the time being to the benefit of the lien may, upon default being made in due payment of

3 the amount secured by the lien, proceed to issue a distress warrant directing the Sheriff of the Judicial District in which is situate the land upon which the crop subject to the lien is grown, to levy by distress upon the crop subject to the lien the amount owing in respect thereof together with the costs of the distress; and upon receipt of any such war rant the Sheriff shall proceed to realize the amount so owing and costs of the distress and for that purpose to seize the crop subject to the lien and to sell the same or so much there of as may be required to realize the said amount and costs, and all the provisions of The Seizures Act relating to the seizure and sale of crops under a distress shall apply to the -execution of any distress warrant issued pursuant to this Act. 12.

This Act shall come into force on the day upon which it is assented to. THE SCHEDULE. FORM A. The Farm Cultivation Lien Act. An Agreement made the .................... day of ........................ , 193 ...... .

Between .................................................................................. , of ................................ , in the Province of Alberta, (herein- after called "The Contractor") and ....................................... . ............................................................ , of ................................ in the Province of Alberta (hereinafter called "The Party of the Second Part").

Whereas the party of the second

part is in the lawful occupation of ........................ (describe land) ....................... . as owner, homesteader, lessee or tenant, as the case may be; And

whereas the party of the second part has requested the contractor to carry out the operations hereinafter mentioned. Now it is hereby agreed and declared as follows: 1. The contractor, in consideration of the agreements on the part of the party of the second part hereinafter con- tained, will clear ........................ acres of the said land situate ........................................ at the rate of $ .................... per acre. 2. The contractor will break .................... acres of the said land situate ................... , ................ at the rate of $ ................... . per acre. 3.

The contractor will cultivate by plowing, harrowing, d!sk harrowing, seeding .................... acres of the said land SItuate ........................................ at the rate of $ ................... . per acre.

4 The contractor agrees with the party of the second part,-

(1) That the whole of the said work agreed to be done by him shall be carried out in the same manner as a competent farmer in the district in which the said land is situate would perform similar work upon land owned by him.

(2) That the whole of the work shall be completed not later than the .................... day of ................................ , 193 ...... .

The party of the second part, in consideration of the premises, agrees with the contractor that upon the con tractor performing the work hereinbefore by him agreed to be performed, the party of the second part will pay to the contractor the amount due to the contractor for the work so done, calculated at the rate per acre hereinbefore set out, in two equal instalments, the first on the first day of October, 193 ...... , and the other on the first day of October of the next ensuing year.

And further that until such payment is made, the con tractor shall have a lien for the amount of the first of such instalments on all crops grown upon the land upon which the said work was done, within six months after the com pletion of such work, and for the amount of the second instalment together with any sum owing in respect of the first instalment upon all crops grown upon the said land after the expiratipn of six months and before the expiration of eighteen months after the completion of such work, in accordance with the provisions of The Farm Cultivation Lien Act. (Here set out any agreement by the party of the second part as to any crops to be sown by him.) It is further mutually agreed between the parties here to,- 1.

That the party of the second part will permit the con tractor to proceed with the performance of the said work without any act or hindrance on the part of the party of the second part. 2. That the contractor will furnish all machinery, equip ment, horses and all labour and all fuel, feed, supplies and things required for the performance of the said work at the sole ,costs and charges of the contractor. (N.B.-If provision is to be made for payment in grain the blanks in the following clause must be filled in.) 3.

The party of the second part may deliver to the con- tractor at .......................................... , wheat, oats, barley, rye or flax, on account of any of the claims of the contractor, and the contractor hereby agrees to accept any such grain on account of such claims at the following rate, namely: For wheat at the rate of $ .................... per bushel; for oats at

5 the rate of $ .................... per bushel; for barley at the rate of $ .................. per bushel, and for rye at the rate of $ ................. . per bushel. 4. That the contract shall enure to the benefit of the executors, administrators and assigns of each of the parties hereto.

As witness the hands of the parties: on the ............................ day of .................................... , 193 ...... , Signed .by ................................ } i~.::;:::~fO~it;;~~;.:...... ·Sig;-;~t~~~·~f·C~;-;i~a;;iO~:·· on the ............................ day of Signed by ................................ l .................................... , 193 ...... , .... ; ........................................ .. in the presence of,- SIgnature of Party of the I Second Part . .................................................... Signature of Witness. FORM B.

I, ................................................ , of ........................................ , in the ................................ of .................................... , make oath and say as follows: 1. That I was personally present and did see ..................... . ............................................ named in the (within or annexed) agreement, who is personally known to me to be the person named therein, duly sign and execute the same for the pur poses named therein. 2.

That the same was executed at ........................................ , in the .................................... of ....................................... on the .................... day of ................................ , 19 ...... . 3. That I know the said ............................................... ,,, ...... , and that he is in my belief of the full age of twenty-one years.

Sworn at ................................. . in the .............. of .................... , this ............ day of .................. , 19 ...... , before me,- A Notary Public or A Commissioner for Oaths or A Justice of the Peace. Signature.

(' ) FORM C. I, ................................................ , of ........................................ , .in the ................................ of .................................... , make oath and say as follows: 1. That I am a party to the (within or annexed) agree ment. 2. That the said agreement was entered into in good faith and that the consideration set out in that agreement is truly set forth therein and that there is no further or other agree ment in any way modifying that agreement.

Sworn at ................................. . in the .............. of .................... , this ............ day of .................. , 19 ...... , before me,- A Notary Public or A Commissioner for Oaths or A Justice of the Peace. Signature.

SIXTH SESSION EIGHTH LEGISLATURE 1 GEORGE VI 1938 BILL

An Act to provide a Lien for the Cost of Clearing, Breaking or other wise Cultivating Land upon Crops grown thereon. Received and read the First time ........................................ . Second time .................................... .. Third time ...................................... .. HON. MR. MULLEN. EDMONTON: A. Bhnitka. King's Printer 1938 Title: 1938 (8th, 6th) Bill 41,

An Act to provide a Lien for the Cost of Clearing, Breaking or otherwise Cultivating Land upon Crops grown thereon

Document details

Collection	Alberta — Bills
Citation	L8 S6 8143
Type	bill
Volume / chapter	L8 S6 8143
Language	en
Format	json
Source	PROVINCIAL
Identifier	d146a145ff1b0c684ad7fe6d9df6e7d2a5048039

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