next preceding section shall be liable at the suit of any workman or labourer so engaged under the said contract, engagement or agreement for the amount of pay so due and owing to the said workman or labourer under the said contract, engagement or agreement. [1906, c. 21, s. 38.] 5. The person to whom such pay-roll or sheet is given Retention of sums due to shall retain for the use of the labourers or workmen whose workmen names are set out in such pay-roll or sheet the sums set opposite their respective names which have not been paid, and the receipt or receipts of such labourers or workmen shall be a sufficient discharge therefor. [1906, c. 21, s. 39.] Nature of Lien. 6. (1) Any person performing any labour, service or Lien services in connection with any logs or timber within this Province shall have a lien thereon and upon any logs or timber belonging to the same owner with which any such logs or timber or any portion thereof may have become mixed, for the amount due for such labour, service or services, and the same shall be deemed a first lien or charge on such logs or timber and shall have precedence over all other claims or liens thereon, except any lien or claim which the Crown may have upon such logs or timber for or in respect of any dues or charges and no contract hereinbefore or hereafter entered into shall deprive such person of such lien. (2) In this section "person" shall include clerks, timekeepers, storekeepers, cooks, blacksmiths, artisans and all others usually employed in connection with such labour, service or services. [1913(1), c. 28, ss. 2(c), 3. ] of lien 7.—(1) The lien provided for in the last preceding sec- Condition tion shall not remain a charge on the logs or timber, unless a remaining statement thereof in writing, verified upon oath by the charge on logs person claiming such lien or some one duly authorized on his behalf, and bearing indorsed thereon the name and address of the claimant or his solicitor, is filed in the office of the Clerk of the District Court or of the Supreme Court (according to the amount of the claim) of the judicial district in which the labour or services or some part thereof have been performed. (2) When such labour or services have been performed upon any logs or timber got out to be run down, or run down, any of the rivers or streams within or partly within the Province of Alberta, such statement may, at the option of the claimant, be filed in the office of the Clerk of the District Court or of the Supreme Court of the judicial district wherein the drive terminates or reaches its destination. [1913(2), c. 28, s. 4.] Contents of statement of lien Time of filing statement of claim Effect of interim mortgage, sale or transfer of logs Enforcement of lien Summary disposal of cases 8. Such statement shall set out briefly the nature of the debt, demand or claim, the amount due to the claimant, as near as may be, over and above all legal set-offs or counterclaims, and a description of the logs or timber upon or against which the lien is claimed, and may be in form A in the schedule to this Act or to the like effect. [1913(2), c. 28, s. 5.] 9.—(1) If such labour, service or services be performed between the first day of October and the first day of June next thereafter, the statement of claim shall be filed on or before the thirtieth day of said month of June, but such labour or services be done or performed on or after the first day of June and before the first day of October in any year, then such statement shall be filed within thirty days after the last day such labour, service or services were performed. (2) No mortgage, sale or transfer of the logs or timber upon which a lien exists under this Act made during the time limited for the filing of the statement of claim and previous to the filing thereof, or after the filing thereof and during the time limited for the enforcement thereof, shall in anywise affect such lien, but such lien shall remain and be in force against such logs or timber, no matter in whose possession the same are found. [1913(2), c. 28, s. 6.] Enforcement of Lien. 10. (1) Any person or persons having a lien upon or against any logs or timber under this Act may enforce the same by the regular practice and procedure of the Courts according to the amount of the claim either in the District Court, or in the Supreme Court in the district within which the said logs or timber, or any part thereof, may be situated at the time of the commencement of the suit; and such suit may be commenced to enforce such lien immediately after the filing of the statement, if the amount thereof be due, or, if credit has been given, immediately after the expiry of the period of credit; and such lien shall cease to be a lien upon the property named in the statement, unless proceedings to enforce the same be commenced within thirty days after the filing of the statement of claim or within thirty days of the expiry of the period of credit, as the case may be. (2) In all such suits the person, company or corporation liable for the payment of such debt or claim shall be made a party defendant. [1913(2), c. 28, s. 7.] 11. In any proceeding, whether commenced by service of statement of claim or otherwise, the judge may order that the same shall be disposed of summarily in chambers, upon such terms as to notice and otherwise as the order shall provide, and the same may be so heard and disposed of. [1913(2), c. 28, s. 8.] application 12. The judge may also entertain in chambers any Chamber application to set aside an attachment or seizure or to to set aside release logs or timber that have been seized, and may or seizure summarily dispose of such application. [1913(2), c. 28, s. 9.] attachment attachment 13. (1) When the amount of any claim filed as afore- Issue of said is not less than ten dollars, upon the production and filing of a copy of said claim and affidavit, and of an affidavit made and sworn by the claimant as to the correctness of the amount of the claim due and owing, and showing that the same has been filed as aforesaid, and stating— (a) that he has good reason to believe and does believe (b) that the person indebted for the amount of such (c) that the logs or timber are about to be cut into (d) that he is in danger of losing his said claim if (2) If an affidavit corroborating the affidavit of the Issue of writ plaintiff in respect of paragraphs (a), (b), or (c) of subsection (1) of this section be also filed, then the Clerk of the proper Court within whose jurisdiction the logs or timber are shall issue a writ of attachment, directed to the sheriff or bailiff of such Court, commanding such sheriff or bailiff to attach, seize, take and safely keep such logs or timber, or a sufficient portion thereof to secure the sum mentioned in the said writ, and the costs of the suit and of the proceedings to enforce the lien, and to return the writ forthwith to the Court out of which the same issued. [1913(2), c. 28, s. 10.] 14. Where additional claims are made or the amount of Second seizure a claim is increased or a sufficient seizure has not been made, a second or subsequent seizure may be made either under execution or attachment. [1913(2), c. 28, s. 11.] writ of 15. (1) The said writ of attachment shall also, where no Service of statement of claim has issued, summon the defendant to attachment enter an appearance in the Court out of which the attachment has issued, and a copy of the writ of attachment shall be served upon the defendant, and if the defendant in such attachment is not the owner of the logs or timber described in the writ of attachment then a copy of the writ shall also be served upon the owner of the said logs or timber, or upon the agent or person in whose possession, custody or control they may be found for him. Orders allowing defendant or owner to defend Prohibition of seizure in transit by water Restoration of possession of bond (2) The owner may on his own application or by direction of a judge be made a party defendant at the trial. [1913(2), c. 28, s. 12.] 16. Where the service has not been personal upon either the defendant or owner, and where a proper defence has not been filed, the judge may in his discretion admit them or either of them to make full defence and may make such order as to service and otherwise in the premises as may be reasonable and just to all parties. [1913(2), c. 28, s. 13.] 17. No sheriff or bailiff shall seize upon or detain any logs or timber under the provisions of this Act when in transit by water from the place where cut to the place of destination. [1913(2), c. 28, s. 14.] 18. In case of an attachment, if the owner of said upon execution logs or timber, or any other person in his behalf, executes and files with the Clerk of the Court out of which the attachment has issued a good and sufficient bond to the person claiming the lien, executed by two sureties and approved by the said Clerk and conditioned for the payment of all damages, costs, charges, disbursements and expenses that may be recovered by the claimant in such proceedings, together with the amount for which a lien is claimed in any other suit, if any, the Clerk shall issue an order to the sheriff or bailiff having in charge the logs or timber directing their release, and upon service of such order upon the bailiff, he shall release the same. [1913(2), c. 28, s. 15.] Notice of dispute Judgment by default Payment into 19. Any person who has been served with a copy of the writ of attachment under this Act, and who may desire to dispute the same, shall, within ten days after such service, file in the Court in which proceedings are pending a statement of defence. [1913(2), c. 28, s. 16.] 20. If no statement of defence is filed under the next preceding section, judgment may be entered as in the case of default, and the practice or procedure may be the same as in a suit begun by statement of claim. [1913(2), c. 28, s. 17.] 21. The defendant may, at any time after service of the writ of attachment and before the sale of the logs or timber, pay into Court the amount for which a lien is claimed in the suit, together with the amount for which a lien is claimed in any other suit (if any), and together with costs of the proceedings thereon to the date of such payment taxed by the Clerk of the Court if so required, and the person making such payment shall thereupon be entitled to a certificate vacating such lien; and upon the said certificate being filed with the Clerk of the Court in which the original statement of claim was filed the said lien shall be vacated parties, taking 22. In any case commenced by writ of attachment, after Hearing the expiration of the time herein before named within which accounts, etc. a statement of defence may be filed and provided a statement of defence has been filed, the judge shall, in chambers as provided by section 11 of this Act, or at the next sitting of the Court after due notice has been given to all parties to the suit and to all persons claiming liens on the logs or timber and whose liens are duly filed as aforesaid, or to their solicitors, hear all such parties and claimants, and take all accounts necessary to determine the amounts, if any, due to them or any of them or to any other holders of liens who may be called by the judge to prove their liens, and shall fix or cause to be taxed by the Clerk their costs and determine by whom the same shall be payable and settle their priorities and generally determine all such matters as may be necessary for the adjustment of the rights of the several parties. [1913(2), c. 28, s. 19.] and order for 23. At the conclusion of the inquiry the judge shall make Judge's report. his report and order, which shall state his findings and direct payment the payment into the Court in which proceedings are pending of the amounts, if any, so found due and costs, within eight days thereafter, and, in default of such payment that the logs or timber shall be sold by the sheriff or bailiff for the satisfaction of the amounts found due to the several parties upon the inquiry and costs. [1913(2), c. 28, s. 20.] 24. In default of payment into Court under the last Time of sale preceding section within the said eight days the said logs or timber shall, within twenty days thereafter, be sold by the sheriff or bailiff, in the same manner and subject to the same provisions of law as goods and chattels seized or taken in execution, unless the judge directs that additional publicity be given to the sale; and the amount realized Payment of by such sale shall, after deducting the expenses thereof into Court payable to the sheriff or bailiff, be paid into the Court in which the proceedings are pending, and shall upon the application of the several parties found to be entitled thereto under the order of the judge, be paid out to them by the Clerk of the said Court: money realized where sum Provided that where the amount realized upon the sale Apportionment is not sufficient to pay the claims in full and costs, the realized judge shall apportion the amount realized pro rata among pay all claims the different claimants. [1913(2), c. 28, s. 21.] insufficient to |