CHAP. 170. and also that the interest of the debtor bound by the judgment against him had been conveyed by such deed to the purchaser. R. S., c. 124, s. 15. Purchaser to of his debtor as a tenant is in possession, and the rents after sale. PURCHASER'S TITLE. 14. If the land so sold, or any portion thereof, is in succeed to rights the possession of a tenant of the judgment debtor holding landlord if a under a tenancy created previously to the registry of the judgment, the purchaser shall become the landlord in the place of the judgment debtor, and shall have the like rights and remedies against the tenant as the judgment debtor would have had if such sale had not taken place, and shall be entitled to all rents accruing due after such purchase. R. S., c. 124, s. 16. Where mortgaged lands sold in position of mortgagor. 15. (1.) The effect of the sale and conveyance of purchaser to be land subject to mortgage shall be to vest in the purchaser all the interest of the mortgagor therein bound by the judgment, and to vest in such purchaser the same rights as such mortgagor would have had if such sale had not taken place. redeem an in isting at time of ment. Purchaser may (2.) The purchaser may pay, remove, or satisfy any cumbrance ex mortgage, charge, or lien, which, at the time of the registry rezistry of Judg. of the judgment, existed upon the land so sold, in like manner as the mortgagor might have done; and thereupon the purchaser shall acquire the same estate, right, and title as the mortgagor would have acquired if the payment, removal, or satisfaction had been effected by the mortgagor. Entitled to release. Mortgagee may sale under judg (3.) On payment of the amount due on the mortgage by the purchaser, such purchaser shall be entitled to a release. R. S., c. 124, s. 4. be purchaser at 16. (1.) A mortgagee of land so sold, or the heirs or ment, and not assigns of such mortgagee, may be the purchaser at such withstanding he sale, and notwithstanding he is the judgment creditor, and he shall acquire the same estate, interests, and rights any other pur- thereby as any other purchaser. is judgment creditor, and have rights of chaser. In such case recovers mortgage debt, (2.) If the mortgagee becomes the purchaser, he shall give to the mortgagor a release of the mortgage debt. (3.) If another person becomes the purchaser, and the comes purchaser mortgagee enforces payment of the mortgage debt against and mortgagee the mortgagor, the purchaser shall repay the debt and mortgagor the interest to the mortgagor, and in default of payment &c., purchaser' thereof within one month after demand, the mortgagor to mortgagor, may recover the debt and interest from the purchaser, and shall have a charge therefor upon the mortgaged lands. R. S., c. 124, s. 5. shall repay same and mortgagor to have a lien for same. Grantee may have writ of WRIT OF POSSESSION. 17. Any person who has obtained from the sheriff a Painst debtor deed of land sold under execution, may apply to a judge possession on summons. of the court out of which the execution issued for a CHAP. 170. summons calling upon the judgment debtor, and upon or person claim" every person in possession of such land, or any portion ing under him thereof, deriving title by, through, or under the judgment debtor, subsequently to the registry of the judgment, to show cause why a writ of possession should not issue to put the purchaser in possession. R. S., c. 124, s. 21. 18. (1.) The summons shall be served on the judgment served on debtor debtor, and on any such person in possession. Summons to be and any such person. service of may (2.) If it is made to appear to a judge that prompt Constructive personal service cannot be effected, the judge may make be made. such order for substituted or other service, or for the substitution of notice for service, by letter, public advertisement, or otherwise, as is just. R. S,, c. 124, s. 22. affidavits to be writ to issue, and time. 19. Upon the return of the summons the judge may Evidence or receive evidence, either viva voce or by affidavit, and if he used on return, is of opinion that the purchaser is entitled to the and may direct possession of the land, as against the persons named after a fixed in the summons, and that such persons are withholding the possession of the land, he shall make an order directing a writ of possession to issue out of such court, and may in such order direct that such writ shall be issued only after a certain number of days, to be fixed by him. R. S., c. 124, s. 23. put in possession 20. If the persons mentioned in such summons do Purchaser to be not deliver up possession of the land forthwith, or by sheriff if within the time mentioned in the order, the sheriff shall possession not immediately execute the writ of possession, and put purchaser in possession of the land. R. S., c. 124, s. mentioned in 24. delivered up the forthwith, or within time order. entitled to costs, notice first given 21. The applicant for such summons shall not be Applicant only entitled to any costs unless, at least ten days before the if ten days' application, he has served such persons with a notice to parties in demanding possession of the land, or left such notice at possession. their respective residences. R. S., c. 124, s. 25. 22. The writ of possession schedule, or to the like effect. may be in the form in the Form of writ. R. S., c. 124, s. 28. SURPLUS PROCEEDS. to be paid to &c., 23. Where the sum realized by the sale is more than Surplus proceeds sufficient to satisfy the execution, interest, and necessary such person as expenses attendant on the sale, the surplus shall be paid court, by the sheriff to such person as is directed by an order of the court or a judge. R. S., c. 124, s. 17. GENERAL PROVISIONS. out in two 24. Where the land of any person is situated in adjoin- Land situated ing counties, with the boundary line between such counties running through the same, the sheriff of either of the said counties, sheriff of either may sell. CHAP. 171. counties may sell such land under an execution issued upon a judgment which binds such land, and may execute a deed thereof to the purchaser; and such sale and deed shall have the same effect as if all such land was situated within the county of which he is sheriff. R. S., c. 124, s. 20. Sheriff dying before deed, give deed. 25. (1.) If the sheriff dies, or otherwise vacates his successor may office after he has made a sale of land under the provisions of this Chapter, but before the execution of a deed, his successor shall execute a deed of such land to the purchaser. (2.) If a deed executed by a sheriff is lost before the registry, sheriff registry thereof, such sheriff, or his successor, may execute execute another. to the purchaser a duplicate of such deed. R. S., c. 124, s. 14 (part); 1886, c. 31, s. 1 (part). Lost sheriff's deed before or successor may under this Chap. Coroner may act 26. Where the sheriff of any county is incapacitated ter if sheriff is by interest, or otherwise, all the powers vested in, and incapacitated, duties imposed upon, such sheriff under this Chapter may be exercised and performed by a coroner of such county. R. S., c. 124, s. 27. SCHEDULE. (Section 22.) Short title. Interpretation. SS. FORM OF WRIT OF POSSESSION. Victoria, by the Grace of God, of the United Kingdom of Great To the Sheriff of the County of ..... or to any other of our Sheriffs: Whereas, A. B. is the purchaser at sheriff's sale of the land hereinafter described, and it has been adjudged that as against C. D. he is entitled to the possession of (here describe the land); We command you that you omit not by reason of any liberty of your county, but that you enter the same and without delay you cause the said A. B. to have possession of the said land, and that you cause to be paid and satisfied unto the said A. B., at the value thereof in money, the sum of.. for costs hereof, and your own fees, out of the goods and chattels, lands or tenements of the said .. not and make due return of this writ unto our said .. in thirty days from the issue hereof. Issued at...... this...... day of ...... A. D. 19.. CHAPTER 171. Whereof fail court at OF LIENS OF MECHANICS AND OTHERS. 1. SHORT TITLE. This Chapter may be cited as "The Mechanics' Lien Act." 1899, c. 29, s. 1. INTERPRETATION. 2. In this Chapter, unless the context otherwise requires, the following expressions shall be construed in the manner in this section mentioned : (a) "contractor means a person contracting with, CHAP. 171. (b) "sub-contractor" means a person not contracting "Sub-contrac- (c) owner" includes includes any person, firm, com- Owner." pany, corporation, or association having any estate or interest in the lands upon, or in respect to, which the work is done, or machinery or materials are furnished or placed, at whose request and upon whose credit, or upon whose behalf or with whose privity or consent, or for whose direct benefit, any such work is done, or machinery or materials placed or furnished, and any person claiming under him whose rights are acquired after the work in respect to which the lien is claimed is commenced to be done, or the materials furnished have been commenced to be furnished; (d) "person" includes a body corporate, firm, partner- "Person." ship or association; (e) "materials". includes every kind of movable "Materials." (f) "wages" means money earned by the mechanic "Wages." piece work; (g) "registrar" means registrar of deeds. 1899, c. “Registrar.” 29, s. 2. LIEN, PERSON ENTITLED TO, CREATION AND EFFECT OF. 3.—(1.) Unless he signs an express agreement to the When lien arises contrary, every person who performs any work or service upon or in respect to, or places or furnishes any material to be used in the construction, fitting, alteration, improvement, or repair of, any erection, building, road, railway, wharf, pier, bridge, mine, well, excavation, sidewalk, pavement, drain, or sewer, or the appurtenances to any of them, for any owner, contractor, or sub-contractor, shall by virtue thereof, have a lien for the price of such work, services, or materials upon the erection, building, road, railway, wharf, pier, bridge, mine, well, excavation, sidewalk, pavement, drain, or sewer, and upon the appurtenances to any of them, and the lands occupied thereby or enjoyed therewith, CHAP. 171. or upon or in respect to which such work or service is performed, or upon which such materials are furnished or placed to be used; limited, however, in amount to the sum justly due to the person entitled to the lien and the sum justly owing (except as in this Chapter provided) by the When it attaches. Upon what lien attaches. When property destroyed by fire. Amount of lien. Amount in case of person other owner. (2.) Such lien, upon registration, as in this Chapter provided, shall attach and take effect from the date of the registration as against subsequent purchasers, mortgagees, or other incumbrancers. 1899, c. 29, s. 4. 4. (1.) The lien shall attach upon the estate or interest of the owner in the erection, building, road, railway, wharf, pier, bridge, mine, well, excavation, sidewalk, pavement, drain, or sewer, and upon the appurtenances to any of them, and the lands occupied thereby or enjoyed therewith. (2.) Where the estate or interest charged by the lien is leasehold, the fee simple may also, with the consent of the owner thereof, be subject to the lien; provided that such consent is testified by the signature of the owner upon the statement of claim at the time of the registering thereof, and verified as in this Chapter provided. 1899, c. 29, s. 5. 5. Where any of the property upon which a lien is given by this Chapter is wholly or partly destroyed by fire, any money received by reason of any insurance thereon by the owner shall take the place of the property so destroyed, and shall, after satisfying any prior mortgage or charge, be subject to the claims of all persons for liens to the same extent as if such moneys were realized by sale of such property in an action to enforce a lien. 1899, c. 29, s. 6. 6. Except as in this Chapter is otherwise provided, a lien shall not attach so as to make the owner liable for a greater sum than the sum payable by the owner to the contractor. 1899, c. 29, s. 7. 7. Except as in this Chapter is otherwise provided, than contractor. Where the lien is claimed by any other person than the contractor, the amount of such lien shall be limited to the amount owing to the contractor, or sub-contractor, or other person for whom such work or service has been done, or the materials have been furnished or placed for such work, service, or materials. 1899, c. 29, s. 8. Deductions in favor of sub 8.-(1.) In all cases the person primarily liable on any contractors, &c. contract under or by virtue of which a lien may arise under the provisions of this Chapter shall, as the work is done or materials are furnished under such contract, deduct from any payments made by him in respect |