Who to ad minister the affidavits. Act not to 28. All affidavits and affirmations required by this Act shall be taken and administered by any Judge, Notary Public, or Commissioner or other person in or out of the Province authorized to take affidavits in and for the High Court or by a Justice of the Peace, and the sum of twenty cents shall be paid for every oath thus administered. R. S. O. 1877, c. 119, s. 24; 41 V. c. 8, s. 12 (2); 48 V. c. 16, s. 1. 29. This Act does not apply to mortgages of vessels regisapply to mort- tered under the provisions of any Act in that behalf. R. S.0. sels duly regis. 1877, c. 119, s. 25. gages of ves tered. to day of which mortgage A.D. has satisfied all money due on, or to grow due on a certain chattel mortgage made by bears date the and was registered (or in case the mortgage has been renewed was re-registered,) in the office of the Clerk of the of on the A.D. Court of the as No. (here mention the day and date of registration of each assignment thereof, and the names of the parties, or mention that such mortgage has not been assigned, as the fact may be); and that I am the person entitled by law to receive the money, and that such mortgage is therefore discharged. Witness my hand, this day of A.D. Statement exhibiting the interest of C. D. in the property mentioned in on the of the day of Court of the of and of the amount due for principal and interest thereon, and of all payments made on account thereof. The said C. D., is still the mortgagee of the said property, and has not assigned the said mortgage (or the said E. F. is the assignee of the said Mortgage by virtue of an assignment thereof from the said C. D. to him, dated the day of 18 ,) (or as the case may be). No payments have been made on account of the said Mortgage (or the following payments, and no other, have been made on account of the said Mortgage : The amount still due for principal and interest on the said Mortgage is the sum of $ computed as follows: [here give the computation.] C. D. of the in the County of the Mortgagee named in the Chattel Mortgage mentioned in the foregoing (or annexed) statement (or assignee of the Mortgagee named in the Chattel Mortgage mentioned in the foregoing [or annexed] statement,) (as the case may be), make oath and say: 1. That the foregoing (or annexed) statement is true. 2. That the Chattel Mortgage mentioned in the said statement has not . been kept on foot for any fraudulent purpose. CHAPTER 126. An Act respecting Liens of Mechanics, and others. SHORT TITLE, s. 1. INTERPRETATION, s. 2. WHO ENTITLED TO LIEN, ss. 3, 4, 6. PROPERTY UPON WHICH ATTACH, SS. 5, 6 (2). LIEN TO OWNER MAY RETAIN 10 PER CENT. OF REGISTRATION OF CLAIM, ss. 16, 19. PRICE, s. 7. SUB-CONTRACTOR'S CLAIM, s. 8. CLAIMS AGAINST LIEN HOLDERS: May be paid by owner of premises, Arbitration, respecting, s. 12. Time for registering claims, ss. 20, EXPIRY OF LIEN, ss. 22, 24. 30. EXEMPTION OF MATERIALS FROM EX- SALE OF CHATTELS BY PERSON ENTITLED Short title Interpretation. HE ́ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Mechanics' Lien Act." R. S. O. 1877, c. 120, s. 1. 2. Where the following words occur in this Act, or in the schedules thereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears:"Contractor." 1. "Contractor" shall mean a person contracting with or employed directly by the owner for the doing of work or placing or furnishing of machinery or materials for any of the purposes mentioned in this Act; "Sub-contrac tor." "Owner." 2. "Sub-contractor" shall mean a person not contracting with or employed directly by the owner for the purposes aforesaid, but contracting with or employed by the "Contractor," or under him by another "Sub-contractor;' 3. "Owner" shall extend to and include a person having any estate or interest in the lands upon or in respect of which the work is done, or materials or machinery are placed or furnished, at whose request and upon whose credit or on whose behalf or with whose privity or consent or for whose direct benefit any such work is done, or materials or machinery placed or furnished, and all persons claiming under him, whose rights are acquired after the work in respect of which the lien is claimed is commenced, or the materials or machinery furnished have been commenced to be furnished. R. S. O, 1877, c. 120, s. 2. deprived of 3. No agreement shall be held to deprive anyone otherwise Persons not entitled to a lien under this Act, and not a party to the agree- en by agreement, of the benefit of the lien, but the lien shall attach, ment unless a notwithstanding such agreement. 47 V. c. 18, s. 1, part. party thereto. have 4. Unless he signs an express agreement to the contrary, Mechanics every mechanic, machinist, builder, miner, labourer, contractor aliens for or other person, doing work upon, or furnishing materials to work done, be used in, the construction, alteration or repair of any build- etc. ing or erection, or erecting, furnishing or placing machinery of any kind in, upon or in connection with any building, erection or mine, shall, by virtue of being so employed or furnishing, have a lien for the price of the work, machinery or materials, upon the building, erection or mine, and the lands occupied thereby or enjoyed therewith; limited in amount to the sum justly due to the person entitled to the lien. R. S. O. 1877, c. 120, s. 3 ; 47 V. c. 18, s. 1, part. lien shall 5.-The lien shall attach upon the estate and interest of Upon what the owner, as defined by this Act, in the building, erection or property the mine upon or in respect of which the work is done or the attach. materials or machinery placed or furnished, and the land occupied thereby or enjoyed therewith. (2) In cases where the estate or interest charged by the When the lien is leasehold, the fee simple may also, with the consent of estate charged is leasehold, the owner thereof, be subject to said charge, provided such the fee may be consent is testified by the signature of such owner upon the charged in claim of lien at the time of the registering thereof, and duly verified. R. S. O. 1877, c. 120, s. 6; 47 V. c. 18, s. 5. certain cases. land. (3) In case the land upon or in respect of which any Mortgaged work as aforesaid is executed, or labour performed, or upon which materials or machinery are placed, is incumbered by a prior mortgage or other charge, and the selling value of the land is increased by the construction, alteration or repairs of the building, or by the erection or placing of the materials or machinery, the lien under this Act shall be entitled to rank upon the increased value in priority to the mortgage or other charge. R. S. O. 1877, c. 120, s. 7; 45 V. c. 15, s. 13. 6.-(1) Without prejudice to any lien which he may have Lien for 30 under the preceding sections, every mechanic, labourer, or other days' wages. person, who performs labour for wages upon the construction, alteration, or repairs of any building or erection, cr in erecting, Property affected. Owner may retain 10 per cent. of contract price. Claim by subcontractor limited. Certain payments to discharge the ien. Lien to extent of 10 per cent. or placing machinery of any kind in, upon, or in connection with, any building, erection, or mine, shall to the extent of the interest of the owner have, upon the building, erection, or mine, and the land occupied thereby or enjoyed therewith, a lien for such wages, not exceeding the wages of thirty days, or a balance equal to his wages for thirty days. (2) The lien for wages given by this section shall attach when the labour is in respect of a building, erection or mine on property belonging to the wife of the person at whose instance the work is done upon the estate or interest of the wife in such property as well as upon that of her husband. 45 V. c. 15, ss. 2, 3. 7. In all cases, the owner shall, in the absence of a stipulation to the contrary, be entitled to retain, for a period of thirty days after the completion of the contract, ten per centum of the price to be paid to the contractor. 45 V. c. 15, s. 5. 8. In case the lien is claimed by a sub-contractor, the amount which may be claimed in respect thereof shall be limited to the amount payable to the contractor or sub-contractor (as the case may be) for whom the work has been done, or the materials or machinery have been furnished or placed. R. S. O. 1877, c. 120, s. 6. 9.-(1) All payments, up to ninety per centum of the price to be paid for the work, machinery or materials, as defined by section 4 of this Act, made in good faith by the owner to the contractor, or by the contractor to the sub-contractor, or by one sub-contractor to another sub-contractor, before notice in writing by the person claiming the lien has been given to such owner, contractor or sub-contractor (as the case may be), of the claim of such person, shall operate as a discharge pro tanto of the lien created by this Act, but this section shall not apply to any payment made for the purpose of defeating or impairing a claim to a lien existing or arising under this Act. 41 V. c. 17, s. 1. (2) A lien shall, in addition to all other rights or remedies when a charge. given by this Act, also, operate as a charge to the extent of ten per centum of the price to be paid by the owner, for the work, machinery or materials as defined by section 4 of this Act up to ten days after the completion of the work, or of the delivery of the materials in respect of which such lien exists, and no longer, unless notice in writing be given as herein provided. 41 V. c. 17, s. 2. Priority of lien for 30 days' wages. (3) A lien for wages for thirty days or for a balance equal to the wages for thirty days, shall, to the extent of the said per cent. of the price to be paid to the contractor, have priority over all other liens under this Act, and over any claim ten |