Bill 94 (Legislature 12, Session 1)

L12 S1 6762

Alberta — Bills

Bill No. 94 of 1953 A BILL TO AMEND THE GARAGEMEN'S LIEN ACT NOTE This Bill amends The Garagemen's Lien Act, being chap ter 233 of the Revised Statutes of Alberta,

Section 3 is amended by the addition of a new subsection (3) which requires that a garageman obtain from the person who authorized the repair, etc., of a motor vehicle, or who ordered accessories for it, an acknowledgment of indebtedness in the form of a signed invoice or other state ment of account. The purpose of this amendment is to remove a source of dissatisfaction in the Act.

As the Act stood, a lien might attach where the amount ,charged was in excess of the amount agreed upon for the work and the owner would have no recourse until after the vehicle had been seized and held, at his expense, for some time during which he would be without his vehicle. Sections 7 and 8 are struck out and new sections sub stituted in their stead to remove a source of ambiguity and inj ustice in the Act. Form A in the

Schedule is amended to correspond to the amendments to se,ction 3. This Bill comes into force on the 1st day of July, 1953. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

section 3 amended Statement of account Sections 7 and 8 amended Dura.tion of lien Seizure BILL No. 94 of 1953

An Act to amend The Garagemen's Lien Act ( Assented to ,1953) HER MAJESTY, by and with the advice and consent of the Legislative Assemibly of the Province of Alberta, enacts as follows: 1. The Garagemen's Lien Act, being

chapter 233 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 3 is amended by adding immediately after subsection (2) the following new su'bsection: "

(3) No garageman shall be entitled to a lien under this Act unless b~fore surrendering. possession of the motor vehicle he obtains from the person who authorized the storage, repair or maintenance, or who ordered that acces sories be furnished for it, an a,cknowledgment of indebt edness by requiring that person to sign an invoice or other statement of account.". 3. Sections 7 and 8 are struck out and the following are substituted: "7.

Upon the filing of a .lien pursuant to this Act the same shall continue for a further ·period of ninety days from the date of filing and shall determine 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 re turn the same to the garageman, is issued and delivered to the sheriff. "8.

(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 js appointed, and thereafter, 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 shall expire and the lien shall de termine six months after the issuing of the warrant unless a judge otherwise orders, in which ,case the warrant and lien shall eX1pire and determine upon the day specified in the order.".

2 4. Form A in the

Schedule is amended by striking out sche~uli the words" (also insert the name and address of the person amen er who authorized such storage, or repairs). The amount for which the lien is claimed is the sum of $ ...................

" and by substituting the words"..................... ............ .. ... of (name) ............................................... , who authorized the storage, re- (address) pairs, maintenance or furnishing of accessories, for which a lien in the sum of $ .................... is claimed, has acknow- ledged indebtedness to me for the amount claimed by sign ing an invoice or other statement of account.". 5. This Act comes into force on the first day of July, {~:~~llg 1953. into

No. 94 FIRST SESSION lWELFrH LEGISLATURE 2 ELIZABETH II 1953 BILL

An Act to amend The Garagemen's Lien Act Received and read the First time ........................................ . Second time ....................................... . Third time ................................. . HON. MR. GERHART Title: 1953 (12th, 1st) Bill 94,

An Act to amend The Garagemen's Lien Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6762
Type	bill
Volume / chapter	L12 S1 6762
Language	en
Format	json
Source	PROVINCIAL
Identifier	e4de83c5a937db09ae49bda58ecbfe66f327bd56

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