FORM B. (Section 4.) CERTIFICATE OF TRANSFER, I hereby certify that this certificate is this day transferred from. to. ..of... .of. Dated at Edmonton, Alberta, this. 19. ... day of. Minister of Agriculture. [1913(2), c. 26, Schedule, Form B.] Short title CHAPTER 184. An Act for the Protection of Wages of Threshing HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. 1. This Act may be cited as "The Thresher Employees' Lien Act." [1913(1), c. 17, s. 1.] Interpretation. Interpretation Court Judge Employee Employer Priority of claim for wages 2. In this Act, unless the context otherwise requires,— (a) "Court" shall mean the District Court of the judicial district within which the threshing or some part thereof has been performed; and "judge" shall mean the judge of the said Court; (b) "Employee" shall include every person who is engaged in an employment of threshing on or about any threshing machine and any person who has entered into or works under a contract of service with an employer as defined by this Act whether the contract is expressed or implied, is oral or in writing; (c) "Employer" shall include any person or body of persons corporate or incorporate with whom or which an employee has entered into a contract of service whether such employer is the owner, lessee or bailee of the threshing machine on or about which such contract of service is performed. [1913(1), c. 17, s. 2.] Nature and Prosecution of Claim. 3. (1) Any employee who works for wages on or about any threshing machine shall to the extent of his wages have a claim against the earnings of his employer in the hands of a third person for whom such threshing has been done by his employer and in the course of which such employee was engaged, provided that he notifies the said third person, while such threshing is being done, that he has such claim; and such claim shall have priority over all assignments, attachments or garnishments of such earnings whensoever made and over every claim or right of every kind and description whatsoever accruing either before or after the passing of this Act. third person (2) No such third person shall be liable to any action Exemption of or proceeding by such employer or his assigns in respect of such earnings while retained by him pursuant to the provisions of this Act. [1913(1), c. 17, s. 3.] 4. (1) Such claim shall cease to exist unless such em- Conditions of ployee shall serve a claim and proceed as provided by this claim Act; provided however that within ten days after such threshing has been completed any employer and one or more employees may sign an agreement showing the amount due as wages by the employer to such employee or employees, and any third person for whom threshing has been done by said employer may sign said agreement and undertake to pay to the employee or employees the amount so shown to be due. (2) The execution of such agreement and undertaking shall be a release to the employer of such indebtedness to his employee or employees and a discharge pro tanto of the indebtedness of the said third person to the employer; and each employee may collect from said third person such sum as is so shown to be due him. (3) The said amounts so due shall have priority over all assignments, attachments and garnishments whensoever made and over every claim or right of every kind or description. (4) The said agreement and undertaking may be in form A in the schedule to this Act. [1913(1), c. 17, s. 4.] 5. (1) Such claim shall be in writing and shall set Contents of out (a) the full name and post office address of such (b) a short description of the work or service done (c) the sum of money claimed as due. claim (2) Such claim may be in form B in the schedule to Form of claim this Act or to the like effect and shall be verified by the affidavit of such employee. claim (3) Such claim shall within ten days after such threshing Service of is completed be served on such third person and on such employer. [1913(1), c. 17, s. 5.] Liability of third person 6.—(1) If any employee notifies the third person for to employee for whom such threshing shall have been done as provided wages Payment out to employee by third person Protection of payment by third person Proceedings against third person on default of payment Proceedings in case total claims exceed amount of earnings Procedure in case claim is contested by employer in section 3 hereof and the employee's claim has not been paid, the said third person shall hold in his possession until the expiration of the said ten days the sum of money earned by such employer. (2) In case a claim under this Act has within the said ten days has been served upon him such third person shall continue to hold in his possession such sum of money until the expiration of thirty days from the completion of such threshing or for such further time as may be provided by this Act. (3) Such third person shall if he fail to hold in his possession such sum of money, be to the extent thereof liable for the wages due to every employee in respect of such threshing. [1913(1), c. 17, s. 6.] 7. (1) Subject to the provisions of the next following section such third person shall after the expiration of said thirty days pay to such employee upon demand the amount of his claim unless within the said thirty days such employer shall have served upon such third person a notice of contest as herein provided. (2) All payments lawfully made under this Act by such third person shall be deemed to be payment pro tanto to such employer. (3) In case such third person neglects or refuses to pay such wages upon demand as provided by this section he may be proceeded against by such employee under The Master and Servants Act, the provisions whereof are hereby declared to be applicable to any proceedings taken by such employee under this section. [1913(1), c. 17, s. 7.] 8. In case the total sum of money in respect of which such claims have been served on such third person exceeds the total sum of money earned by such employer in threshing for such third person such third person shall after the expiration of ten days and not later than thirty days after such threshing was completed pay into the District Court such total sum of money, which payment shall be a valid discharge to him against such employer to the amount paid and shall at the same time deliver or transmit by registered post letter to the Clerk of such Court all claims, notices of contest and all other documents served upon him relating to such sum of money. [1913(1), c. 17, s. 8.] 9. (1) Wherever the provisions of the next preceding section do not apply to the circumstances of the case such third person shall in case within the said thirty days he is served with a notice of contest by such employer in respect of any claim as herein provided forthwith but not later than forty days after such threshing was completed and subject to the provisions of the next preceding section pay into the District Court the sum of money claimed in such claim which payment shall be a valid discharge to him against such employer to the amount paid and he shall at the same time deliver or transmit by registered post letter to the Clerk of such Court the claim, notice of contest and all other documents served upon him relating to the said sum of money. (2) In case the provisions of the next preceding section Proviso apply to the circumstances of the case such third person shall forthwith after being served with any notice of contest of such employer but not later than forty days after such threshing was completed deliver or transmit by registered post letter to the said Clerk all claims, notices of contest and all other documents served upon him and relating to the said sum of money. [1913(1), c. 17, s. 9.] into Court 10. The person so paying money into Court under the Costs of provisions of sections 8 or 9 of this Act shall be entitled person paying to deduct therefrom his necessary disbursements and costs (not exceeding five dollars) excepting when such sum of money is larger than the amount of the claim of the employee, in which case the person so paying money into Court may deduct such costs and disbursements out of the balance in his hands but if such balance is not sufficient to cover such disbursements and costs he may deduct the difference from the amount to be paid into Court. [1913(1), c. 17, s. 10.] notice of 11. The notice of contest provided by this Act shall Form of be in form C in the schedule to this Act or to the like effect, contest shall contain a brief statement of the nature or grounds of contest and the post office address of such employer and be verified by the affidavit of the employer. [1913(1), c. 17, s. 11.] 12. The Clerk of the Court shall from time to time Proceedings by Clerk of the etc. (a) forthwith after receipt by him of money paid Court upon (b) forthwith after receipt by him of notice of contest Provided that if an employer shall in his notice Proviso |