Security may be given in lieu of lien. Registry may be annulled. Wrongful claim or refusal to dis subject as aforesaid, be distributed amongst them pro rata, according to their several classes and rights, and they shall respectively be entitled to execution for any balance due to them respectively after said distribution. R.S.O.1877, c. 120, s.17. (7) Upon applications to the County Court, in claims under $200, and to the High Court in other cases, the Court or Judge may receive security or payment into Court in lieu of the amount of the claim, and may thereupon vacate the registry of the lien. (8) The Court or Judge may annul the said registry upon any other ground. R. S. O. 1877, c. 120, s. 23. (9) In any of the cases mentioned in sub-sections 7 and 8 the Court or Judge may proceed to hear and determine the charge, costs. matter of the said lien, and make such order as seems just, and in case the person claiming to be entitled to such lien has wrongfully refused to sign a discharge thereof, or without just cause claims a larger sum than is found by such Court or Judge to be due, the Court or Judge may order and adjudge him to pay costs to the other party. R. S. O. 1877, c. 120, s. 24; 47 V. c. 18, s. 7. When ma terials used in tion of build. ings are not the construc be subject to execution. Mechanics entitled to lien on a 31. Where any mechanic, artisan, machinist, builder, miner, contractor or any other person, has furnished or procured materials for use in the construction, alteration or repair of any to building, erection or mine, at the request of and for some other person, such materials shall not be subject to execution or other process, to enforce any debt (other than for the purchase thereof) due by the person furnishing or procuring such materials, and whether the same have or have not been in whole or in part worked into or made part of such building or erection. R. S. O. 1877, c. 120, s. 25. chattel may sell the chattel months) pay if (after three ment is not made. 32.-(1) Every mechanic or other person who has bestowed money or skill and materials upon any chattel or thing in the alteration and improvement in its properties or for the purpose of imparting an additional value to it so as thereby to be entitled to a lien upon such chattel or thing for the amount or value of the money or skill and materials bestowed, shall, while such lien exists but not afterwards, in case the amount to which he is entitled remains unpaid for three months after the same ought to have been paid, have the right in addition to all other remedies provided by law, to sell the chattel or thing in respect of which the lien exists, on giving one week's notice by advertisement in a newspaper published in the municipality in which the work was done, or in case there is no newspaper published in such municipality, then in a newspaper published nearest thereto, stating the name of the person indebted, the amount of the debt, a description of the chattel or thing to le sold, the time and place of sale, and the name of the auctioneer, and leaving a like notice in writing at the last or place of residence (if any) of the owner, if he be a resident of such municipality. known (2) Such mechanic or other person shall apply the proceeds Application of of the sale in payment of the amount due to him and the costs sale of advertising and sale, and shall upon application pay over any surplus to the person entitled thereto. 41 V. c. 17, s. 3. SCHEDULE. FORM 1. CLAIM OF LIEN. A. B. (name of claimant) of (here state residence of claimant,) (if so, as assignee of, stating name and residence of assignor) under the Mechanics' Lien Act claims a lien upon the estate of (here state the name and residence of owner of the land upon which the lien is claimed,) in the undermentioned land in respect of the following work [or materials] that is to say (here give a short description of the nature of the work done or materials furnished and for which the lien is claimed) which work was [or is to be] done [or materials were furnished] for (here state the name and residence of the person upon whose credit the work is done or materials furnished), on or before the day of The amount claimed as due [or to become due] is the sum of $ The following is the description of the land to be charged (here set out a concise description of the land to be charged sufficient for the purpose of registration). When credit has been given, insert: The said work was done [or materials were furnished] on credit, and the period of credit agreed to expired [or will expire] on the 18 day of FORM 2. CLAIM OF LIEN FOR WAGES. A. B. (name of claimant) of (here state residence of claimant,) (if so, as assignee of, stating name and residence of assignor) under the Mechanics' Lien Act claims a lien upon the estate of (here state the name and residence of the owner of land upon which the lien is claimed) in the undermentioned land in respect of days' work performed thereon while in the employment of (here state the name and residence of the person upon whose credit the work was done) on or before the The amount claimed as due is the sum of $ day of The following is the description of land to be charged, (here set out a concise description of the land to be charged sufficient for the purpose of registration). Dated at this day of (Signature of claimant). FORM 3. CLAIM OF LIEN FOR WAGES BY SEVERAL CLAIMANTS. The following persons under the Mechanics' Lien Act claim a lien upon the estate of (here state the name and residence of the owner of land upon which the lien is claimed) in the undermentioned land in respect of wages for labour performed thereon while in the employment of (here state name and residence or names and residences of employers of the several persons claiming the lien). The following is the description of the land to be charged (here set out a concise description of the land to be charged sufficient for the purpose of registration). I, A. B., named in the above (or annexed) claim, do make oath that the said claim is true (or that the said claim, so far as relates to me, is true). Or, We, A. B. and C. D., named in the above (or annexed) claim, do make oath, and each for himself saith that the said claim, so far as relates to him, is true. [Where affidavit made by agent or assignee a clause must be added to the following effect:-I have full knowledge of the facts set forth in the above (or annexed) claim.] HE CHAPTER 127. An Act respecting Wages. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: ments for 1. Whenever an assignment is made of any real or personal Wages or property for the general benefit of creditors, the assignee shall salaries to have priority pay in priority to the claims of the ordinary or general creditors in assignof the person making the same, the wages or salary of all persons benefit of in the employment of such person at the time of the making of creditors. such assignment, or within one month before the making thereof, not exceeding three months' wages or salary, and such persons shall be entitled to rank as ordinary or general creditors for the residue, if any, of their claims. 48 V. c. 29, s. 1. under Rev. 2. In distributing the assets of a company under the pro- Wages or visions of The Joint Stock Companies' Winding up Act, the salaries to have priority liquidator shall pay in priority to the claims of the ordinary in winding up or general creditors of the company the wages or salary of all proceedings persons in the employment of the company at the time of the Stat. c. 183. making of the winding-up order, or within one month before the making thereof, not exceeding three months' wages or salary, and such persons shall be entitled to rank as ordinary or general creditors of the company for the residue, if any, of their claims. 48 V. c. 29, s. 2. of execution c. 65, s. 4. 3. All persons in the employment of an execution debtor at Rights of the time of the entry of the notice mentioned in section 4 employees of The Creditors' Relief Act, or within one month before debtors. such entry, who shall become entitled to share in the distribu- Rev. Stat. tion of money levied out of the property of a debtor within the meaning of the said Act, shall be entitled to be paid out of such money the wages or salary due to them by the execution debtor, not exceeding three months' wages or salary, in priority to the claims of the other creditors of the execution debtor, and shall be entitled to share pro rata with such other creditors as to the residue, if any, of their claims. 48 V. c. 29, s. 3. 4. This Act shall apply to wages or salary whether the em- Wages or ployment in respect of which the same shall be payable, be, by the salary affected day, by the week, by the job or piece or otherwise. 48 V. c. 29, S. 4. by this Act. 5. This Act is not intended to apply to an assignment Application of made under the provisions of any Act of the Parliament of Act. Canada relating to or respecting bankruptcy or insolvency. 4S V. c. 29, s. 5. CHAPTER 128. An Act respecting Contracts in relation to Goods entrusted to Agents. Interpretation. "Person." "Goods." "Shipped." "Document of title." When and to what extent agents to be deemed owner. INTERPRETATION, s. 1. AGENT ENTRUSTED WITH GOODS TO BE AGENT IN POSSESSION TO BE DEEMED AGENT IN POSSESSION OF DOCUMENT NOT TO AUTHORIZE LIEN, 8. 8. BONA FIDE TRANSACTIONS TO BIND BONA FIDE LOAN OR ADVANCE WHEN OF TITLE DEEMED ENTRUSTED BY IT, S. 4. CONTRACTS FOR PURCHASE, WHEN CONTRACTS FOR LIEN, ETC., WHEN PLEDGE OF DOCUMENT OF TITLE TO BE DEEMED MADE WITH AGENTS, 8.12. PAYMENTS WHEN DEEMED ADVANCES, s. 13. CIVIL LIABILITY OF AGENT, ss. 14, 15. BY AGENT, S 16. ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts. as follows: 1. Where the following words occur in this Act they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Person" shall include a body corporate or company as well as an individual; 2. “Goods" shall include all personal property of whatever nature or kind soever; 3. "Shipped" shall mean the carriage of goods, whether by land or by water; 4. "Document of title" shall include every bill of lading, warehouse-keeper's or wharfinger's receipt or order for delivery of goods, every bill of inspection of pot or pearl ashes and every other document used in the ordinary course of business, as proof of the possession or control of goods, or authorizing or purporting to authorize either by endorsement or by delivery, the possessor of such document to transfer or receive goods thereby represented. R. S. O. 1877, c. 121, s. 1. or of 2. Any agent entrusted with the possession of goods the documents of title thereto, shall be deemed the owner thereof for the following purposes, that is to say: |