4. That the said.... was in the employment of.. contractor for the work in respect of which the lien is claimed, for.... tioned date. 5. That the sum of. to.... was or will be due on the. .days after the above men dollars is owing in respect of the same, and . day of.... 6. That the description of the property to be charged is as follows: (Describe property.) Sworn at. day of... me. Alberta, this.. before [1906, c. 21, Schedule A; 1907, c. 5, s. 17(1).] SCHEDULE B. (Section 17.) PAY ROLL. I hereby certify that the above statement is correct to the best of my knowledge and belief, and is made by me in compliance and in accordance with section 17 of The Mechanics' Lien Act, on account of my contract to (or employment by, as the case may be), (here insert brief description of the work) for (owner's name) up to the.. day of. Dated.. SCHEDULE C. (Section 34.) FORM 1. To... Take notice that the mechanics' lien filed by you in the Land Titles Office for the Registration District on the. 19. ..., as D.B. No..... . Alberta Land day of. Ishall be deemed to have lapsed according to the provisions of section 35 of The Mechanics' Lien Act unless, within. days from the date of service of this notice on you, you shall have taken proceedings in Court to enforce such lien and shall have caused a certificate thereof to be filed as required by said section. This is to certify that proceedings have been taken in Court to enforce a certain mechanics' lien filed by. CHAPTER 183. An Act to Provide for Giving Threshers a Lien in HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Registration of threshing machine Posting of registration certificate Fees 1. This Act may be cited as "The Threshers' Lien Act." [1913(2), c. 26, s. 1.] Registration of Machine. 2. Every person, firm or company owning or operating a threshing machine or separator, or causing the same to be operated, shall each year before commencing operations register his or its machine or machines with the Minister of Agriculture and shall procure a certificate of registration as in form A in the schedule hereto. [1913(2), c. 26, s. 2.] 3. Such registration certificate shall be kept posted in a conspicuous place upon the machine or separator by the owner or operator during the whole of the threshing [1913(2), c. 26, s. 3.] season. 4. (1) The fee for registration shall be one dollar. (2) Upon a transfer of ownership of a machine, registered under this Act, the certificate of registration may be transferred as in form B in the schedule hereto by the Minister of Agriculture upon proof to his satisfaction of such transfer and upon payment of a transfer fee of fifty [1913(2), c. 26, s. 4.] cents. Imposition of lien upon grain threshed Lien. 5. (1) Every person who threshes or causes to be threshed grain of any kind for another person at or for a fixed price or rate of remuneration shall from the date of the commencement of such threshing have a lien upon such grain for the purpose of securing payment of the said price or remuneration and may take a sufficient quantity of such grain to secure payment of the said price or remuneration or of such part or proportion thereof as may be earned at the time of such taking. (2) Such lien shall have priority over all rights of execution against the owner thereof or chattel mortgages, bills of sale or conveyances made by him and over rights of distress for rent reserved upon the land upon which the grain is grown: Provided that the right to exercise the said lien and to take, remove and sell the grain retained thereunder shall be subject to the following conditions, that is to say: (a) The machine or separator shall be registered in the (b) Notice of the retention of the grain shall be given (c) All claims for wages from employees of the thresher [1913(2), c. 26, s. 5.] grain to be 6. The quantity of grain which may be so retained Quantity of shall be approximately such as will when computed at retained the market value thereof at the nearest market pay the total account for threshing done that season, together with the cost of haulage of the grain so retained as follows: four cents for every hundred pounds for six miles or less, and three-quarters of a cent for every hundred pounds for each additional mile: Provided that the total charge for haulage shall not exceed twenty cents per hundred pounds. [1913(2), c. 26, s. 6.] sale of grain 7. The person who exercises such right of retention and Storage and removal may house or store the grain so taken and removed in his own name and if at the expiration of fifteen days from the time when such right of retention is exercised by the person entitled to the same the price or remuneration for which the said grain is held be not paid such person may sell the said grain at a fair market price, retain the haulage as set out in section 6 hereof and the price or remuneration for threshing and pay the balance, if any, to the owner of the said grain. [1913(2), c. 26, s. 7.] 8. In all cases grain retained under the provisions of this Act shall be sold within thirty days after the right of retention is exercised, unless the owner thereof consents in writing to the same being held unsold for a longer period. [1913(2), c. 26, s. 8.] Returns-Penalties. Department of 9. Every owner or operator of a machine shall from Returns to time to time, as he may be required by the Minister of Agriculture, send to the Department of Agriculture such Penalties Dispoition of fines certificates as to compliance with the provisions of The Noxious Weeds Act, and such other information, statistics and returns as may be required from him. [1913(2), c. 26, s. 9.] 10. The violation of any of the provisions of this Act shall be an offence for which the offender shall be liable. on summary conviction to a penalty not exceeding twentyfive dollars and costs, and in default of payment thereof it shall be lawful for the justice or justices of the peace or police magistrate so convicting to commit the offender to the nearest common gaol, with or without hard labour, for a period not exceeding thirty days, unless the said penalty be sooner paid. [1913(2), c. 26, s. 10.] 11. All fines imposed for the violation of this Act shall be paid over to the general revenue fund of the Province. [1913(2), c. 26, s. 11.] threshing machine in accordance with the provisions of section 2 of The Threshers' Lien Act. |