to such contract, and retain for the period of thirty days CHAP. 171. after the completion or abandonment of the contract, fifteen per cent. of the value of the. work, services, and materials actually done, furnished, or placed, and such value shall be calculated on the basis of the price to be paid on the whole contract; and the liens created by this Chapter shall be a charge upon the amounts so retained under this section in favor of sub-contractors whose liens are derived under persons to whom such moneys so retained are respectively payable.

(2.) All payments up to eighty-five per cent. of such value made in good faith by the owner to the contractor, by the contractor to the sub-contractor, or by one subcontractor to any other sub-contractor, before notice in writing of such lien has been given by the person claiming the lien to the owner, contractor, or sub-contractor, shall operate as a discharge pro tanto of the lien created by this Chapter.

(3.) Payment of the moneys required to be retained under this section may be validly made so as to discharge all liens or charges under this Chapter in respect thereto after the expiration of the period of thirty days mentioned in this section, unless proceedings have been previously taken under this Chapter to enforce any lien or charge against the moneys so retained. 1899, c. 29, s. 9.

work, &c., when

9. If the owner or contractor makes payments to Payments for any person who has performed work or service, or placed allowed against or furnished materials, in manner as in this Chapter contractor, &c. previously specified, for, or on account of, any debts justly due to them for work or service so done, or for materials furnished or placed to be used as so specified, and within three days afterwards gives, by letter or otherwise, written notice of such payment to the contractor, or his agent, or to the sub-contractor, or his agent, as the case may be, such payments shall, as between the owner and the contractor, or as between the contractor and the subcontractor, be deemed to be payments to the contractor or the sub-contractor on his contract generally, but not so as to affect the percentage to be retained by the owner, as provided by the next preceding section of this Chapter. 1899, c. 29, s. 10.

10.—(1.) Any lien created by this Chapter shall have Priority of liens, priority over all judgments, executions, assignments, attachments, garnishments, and receiving orders recovered, issued, or made after such lien arises, and over all conveyances or mortgages made after registration of such lien as in this Chapter provided.

(2.) In case of an agreement for the purchase of land, and the purchase money, or any part thereof, is unpaid, and no conveyance made to the purchaser, the purchaser shall, for the purposes of this Chapter, be deemed the mortgagor, and the seller the mortgagee.

(3.) Except as is otherwise provided by this Chapter, no person entitled to a lien on any property, or to a charge on any moneys under this Chapter, shall be entitled to any priority or preference over any other person of the same class, entitled to a lien or charge on such property or moneys under this Chapter, and each class of lien holders, except as is otherwise provided by this Chapter, shall rank pari passu for their several amounts, and the proceeds of any sale shall, subject as aforesaid, be distributed among the lien holders pro rata, according to their several classes and rights. 1899, c. 29, s. 11.

11.-(1.) Every mechanic or laborer whose lien is for work done for wages shall, to the extent of thirty days' wages, have priority over all liens derived through the same contractor or sub-contractor on the fifteen per cent. directed to be retained under this Chapter, to which the contractor or sub-contractor, through whom such lien is derived, is entitled, and all such mechanics and labourers shall rank pari passu on such fifteen per cent. (2.) A lien for wages may be enforced in respect to a contract not completely fulfilled.

(3.) If the contract has not been completely fulfilled when a lien is claimed for wages, the percentage required to be retained shall be calculated on the work done, or materials furnished or placed by the contractor or sub-contractor by whom the person claiming such lien is employed.

(4.) Where the contractor or sub-contractor makes default in completing his contract, the percentage required to be retained shall not, as against a person claiming a lien for wages under this Chapter, be applied to the completion of the contract, or for any other purpose, by the owner or contractor, nor to the payment of damages for non-completion of the contract by the contractor, or sub-contractor, nor in payment or satisfaction of any claim of any kind. against the contractor or sub-contractor.

(5.) Every device by any owner, contractor,' or sub-contractor adopted to defeat the priority given to liens for wages by this Chapter shall, as respect the holders of such liens, be null and void. 1899, c. 29, s. 12.

12. (1.) During the continuance of the lien no portion of any materials or machinery affected thereby shall be removed to the prejudice of the lien, and any attempt at

such removal may be restrained on application to the CHAP. 171. Supreme Court, or a judge thereof, or to the county court or a judge thereof, respectively, according as the claim is over or under the sum of four hundred dollars.

(2.) The court or a judge to whom any such application is made, may make such order as to the costs of and incidental to the application as he deems just. 1899, c. 29, s. 13 (part).

13. Where any materials are actually brought upon any land to be used in connection with such land for any of the purposes previously specified in this Chapter, the same shall be subject to a lien in favor of the person supplying the same until put in the building, erection, or work. 1899, c. 29, s. 13 (part).

REGISTRATION OF CLAIM.

claim.

14. A claim for lien may be registered in the registry Registration of of deeds for the registration district in which the land is situated. 1899, c. 29, s. 14.

15. (1.) A claim for lien shall state,
(a) the name and residence of the person claiming
the lien, and of the owner of the property to be
charged (or of the person whom the person claim-
ing the lien, or his agent, believes to be the owner
of the property proposed to be charged) and of the
person for whom and on whose credit the work or
service was, or is to be, done, or materials or
machinery furnished or placed, and the time within
which the same was, or is to be, done, or furnished
or placed;

(b) a short description of the work or service done, or
to be done, or materials or machinery furnished or
placed, or to be furnished or placed;

(c) the sum claimed as due or to become due;
(d) a description of the land to be charged;
(e) the date of expiry of the period of credit, if any,
agreed upon by the lien holder for payment for his
work or service or materials, where credit has been
given.

(2.) The claim may be in one of the forms A or B in the schedule to this Chapter, or to the like effect, and shall be verified by the affidavit (form C) of the person claiming the lien, or of his agent or assignee having a personal knowledge of the matters required to be verified, and the affidavit of the agent or assignee shall state that he has such knowledge.

(3.) Where it is desired to register a claim for lien against the lands of a railway company, it shall be a sufficient

Contents and form of claim.

CHAP. 171. description of such lands to describe them as the lands of such railway company, and every such claim for lien shall be registered in the registry of deeds for the registration district in which such lien is claimed to have arisen. 1899, c. 29, s. 15.

Union of claims.

Irregularity not to invalidate lien.

Registrar to register, fees,

Registry Act to apply.

Rezistration in other cases.

16. A claim for lien may include claims against any number of properties, and any number of persons claiming liens on the same property may unite therein (form D), but when more than one lien is included in one claim, each lien shall be verified by affidavit (form C), as provided in the next preceding section of this Chapter. 1899, c. 29, s. 16.

17. (1.) Substantial compliance only with the next two preceding sections of this Chapter shall be required, and no lien shall be invalidated by reason of the failure to comply with any of the requisites of such sections, unless in the opinion of the court, or judge who has power to try the action under this Chapter, the owner, contractor, or subcontractor, or mortgagee, or other person, as the case may be, is prejudiced thereby, and then only to the extent to which he is thereby prejudiced.

(2.) Nothing in this section contained shall be construed as dispensing with the registration required by this Chapter. 1899, c. 29, s. 17.

18. The registrar, upon payment of a fee of twentyfive cents, shall register the claim so that the same may appear as an incumbrance against the land so described. 1899, c. 29, s. 18.

19. Where the claim for lien is so registered the person entitled to such lien shall be deemed the purchaser pro tanto and within the provisions of "The Registry Act," but, except as in this Chapter provided, "The Registry Act" shall not apply to any lien arising under this Chapter. 1899, c. 29, s. 19.

20.—(1.) A claim for lien by a contractor or sub-contractor may, in cases not otherwise provided for, be registered before or during the performance of the contract, or within thirty days after the completion thereof.

(2.) A claim for lien upon materials or machinery may be registered before or during the furnishing or placing thereof, or within thirty days of the furnishing or placing of the last materials or machinery so furnished or placed.

(3.) A claim for lien for wages may be registered at any time during the performance of the work for which such wages are claimed, or within thirty days after the last day's work for which the lien is claimed. 1899, c. 29, s. 20.

WHEN LIEN SHALL CEASE.

CHAP. 171.

21. Every lien which is not duly registered under the Unregistered provisions of this Chapter shall absolutely cease to exist on claim, lapse of. the expiration of the time by this Chapter limited for the registration thereof, unless in the meantime an action is commenced to realize the claim, or in which the claim may be realized under the provisions of this Chapter, and a certificate thereof (form E) (which may be given by the proper officer of the court in which the proceedings are instituted) is duly registered in the registry of deeds for the registration district in which the lands in respect to which the lien is claimed are situated. 1899, c. 29, s. 21.

to lapse unless

22. Every lien which has been duly registered under Registered lien the provisions of this Chapter shall absolutely cease to action brought. exist after the expiration of ninety days after the work or service has been completed, or the materials or machinery furnished or placed, or the expiry of the period of credit, where such period is mentioned in the claim of lien registered, unless in the meantime proceedings are instituted to realize the claim under the provisions of this Chapter, and a certificate registered as required by the next preceding section. 1899, c. 29, s. 22.

TRANSMISSION OF LIEN.

of lien.

23. In case of the death of a lien holder, his right of Transmission lien shall pass to his personal representatives, and the right of a lien holder may be assigned by an instrument in writing. 1899, c. 29, s. 23.

DISCHARGE OF LIEN.

lien.

24. (1.) A lien may be discharged by a receipt signed Discharge of by the claimant, or his agent duly authorized in writing, acknowledging payment, and verified by affidavit and registered. The fee shall be the same as the fee for registering a claim of lien.

(2.) Upon application the court or judge having power to try an action to realize a lien may receive security or payment into court in lieu of the amount of the claim and costs, and may thereupon order that the registration of such lien be vacated.

(3.) The court or judge may, upon any other ground, order that the registration of any lien be vacated.

(4.) Where the certificate that proceedings have been taken to realize any lien has not been registered within the time limited by this Chapter, and an application is made to vacate the registration of such lien after the time for registration of such certificate, the applicant shall not be required to give notice of the application to the person claiming the lien, and the order vacating the lien may be