Judgment and execution for balance remaining unpaid

Discharge of liens where

claims

unfounded

Disposition of balance of money paid into Court

Dismissal for want of prosecution

Adding parties

Saving of other remedies

25. If, after such sale and distribution of the proceeds thereof under the preceding section, any balance remains due to any person under the said order of the judge, the Clerk of the Court shall upon the application of such person give to him a certificate that such amount remains due, which certificate may be entered as a judgment in the court having jurisdiction, against the person or persons by whom the claim was directed to be paid, and execution may be issued thereupon as in the case of other judgments in the Courts. [1913(2), c. 28, s. 22.]

26. Where nothing is found due upon the several claims filed under this Act or upon the lien or liens in respect to which proceedings have been taken, the judge may direct by his said order that the lien or liens be discharged and the logs or timber released or the security given therefor be delivered up and cancelled, and shall also by such order direct payment forthwith of any costs which may be found due to the defendant or owner of the said logs or timber. [1913(2), c. 28, s. 23.]

27. Where more money is paid into Court as the proceeds of the sale of logs or timber than is required to satisfy the lien which has been proven and the interest and costs, the remaining moneys shall be paid over to the party entitled to the same unless the judge otherwise orders. [1913(2), c. 28, s. 24.]

28. Any person affected by the proceedings taken under this Act may apply to the judge to dismiss the same for want of prosecution, and the judge may make such order upon the application as to costs or otherwise as may be just. [1913(2), c. 28, s. 25.]

29. The judge may at any stage of such proceedings on application of any party, or as he may see fit, order that any person or corporation who may be deemed a necessary party to any such proceedings be added as a party thereto or be served with any process or notice provided for by this Act, and the judge may make such order as to the costs of adding such person or corporation or as to such service as may be just. [1913(2), c. 28, s. 26.]

30. Nothing in this Act contained shall be deemed to disentitle any person to any remedy other than that afforded by this Act for the recovery of any amount due in respect of labour, service or services performed upon or in connection with any logs or timber; and where a suit is brought to enforce a lien, but no lien is found to exist, judgment may be directed for the amount found due as in an ordinary [1913(2), c. 28, s. 27.]

case.

lien-holders

31. Any number of lien-holders may join whether by Joinder of writ of attachment or otherwise in taking proceedings under this Act, or may assign their claims to any one or more persons, but the statement of claim shall include particular statements of the several claims of persons so joining.

[1913(2), c. 28, s. 28.]

costs

32. The practice and procedure of the District Courts Practice and and of the Supreme Court (according to the amount of the claim) shall be followed as nearly as may be, as also the tariff of costs of the said Courts.

[1913(2), c. 28, s. 29.]

SCHEDULE.

FORM A.

(Section 8.)

STATEMENT OF CLAIM OF LIEN.

claim of lien

A.B. (name of claimant), of (here state residence of claim- Statement of ant), (if so) as assignee of (state name and address of assignor) under The Woodmen's Lien Act, claims a lien upon certain logs or timber, the property of (here state the name and residence of the owner of logs or timber upon which the lien is claimed, if known) and which logs and timber are composed of (state the kinds of logs or timber such as spruce, tamarac, cedar, or other logs, ties, poles, posts, etc., also where situate at the time of filing of statement) in respect of the following work, that is to say (here give a short description of the work done for which the lien is claimed), which work was done for (here state the name and residence of the person upon whose credit the work was done) between the...

.day of

The amount claimed as due (or to become due) is the sum of.... (when credit has been given) the said work was done on credit, and the period of credit will expire on the .day of.

A.D. 19. . . .

(Signature of claimant.)

AFFIDAVIT TO BE ATTACHED TO STATEMENT OF CLAIM.

proving

I. make oath and say that I have read Affidavit (or have heard read) the foregoing statement of claim, and claim say that the facts therein set forth are to the best of my knowledge and belief true, and the amount claimed to be

I

due to me in respect of my lien is due and owing to me after giving credit for all the sums of money, goods or merchandise to which the said (naming the debtor) is entitled to credit as against me.

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 3 of The Woodmen's Lien Act, on account of (my contract, or employment by, as the case may be). (Here insert brief description of the work) for (owner's name) up to the...

day of..

19. ...

Dated..

(Signed).

day of..

Contractor. .19...

[1906, c. 21, Schedule C.]

DIVISION XVIII. PROTECTION OF PERSON
AND PROPERTY.

CHAPTER 186.

An Act for the Protection of Persons Employed in Factories, Shops and Office Buildings.

HIS

IS 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 Factories Act."

Interpretation.

Short title

[1917, c. 20, s. 1.]

Interpretation

2. In this Act, unless the context otherwise requires,
(a) "Bake-shop" shall mean any building, premises, Bake-shop
workshop, structure, room or place wherein is
carried on the manufacture or sale of confectionery,
or bread, biscuits, cakes or any other food product
made from flour or from meal or from both, in
whole or in part, and shall include any room or
rooms used for storing the confectionery, bread,
biscuits, cakes and other food products and
materials;

(b) "Child" shall mean a person under the age of Child
fifteen years;

(c) "Court" shall mean the justices of the peace or Court
police magistrates, as the case may be, to whom
jurisdiction is given by this Act to hear and deter-
mine prosecutions under this Act;

(d) "Day shift" shall refer to the hours between seven Day shift
o'clock in the forenoon and six o'clock in the after-
noon and "night shift" shall refer to any other
hours of the day; and where any part of a shift
is before seven a.m. or after six p.m. it shall be
deemed a night shift;

(e) "Employer" as applied to a factory, shop or bake- Employer
shop shall mean any person who in his own behalf,
or as the manager, superintendent, overseer or
agent has charge of any factory, shop or bake-shop
and employs persons therein, and in the case of
an office building shall include the superintendent
or manager thereof; and shall include contractor
or sub-contractor;

Factory

Inspector

Mill-gearing

Minister

Office

Office building

Outworking

(f) "Factory" shall include

(i) any building, workshop, structure or premises of the description mentioned in schedule A hereto together with such other buildings, structures or premises as the Lieutenant Governor in Council may by proclamation declare to be factories within the meaning of this Act;

(ii) any other building, workshop, structure, premises, room or place wherein or within the precincts of which steam, water, electrical power or energy or other power is used to move or work any machinery employed in preparing, manufacturing or finishing, or in any process incidental to the preparing, manufacturing or finishing of any article, substance, material, fabric or compound, or is used to aid the manufacturing process carried on there; (iii) any other building, workshop, structure, premises, room or place wherein the employer of the persons working therein has the right of access and control, and in which or within. the precincts of which any manual labour is exercised by way of trade or for purposes of gain in or incidental to the making of any article or part of any article, the altering, repairing, ornamenting or finishing of any article, or the adapting for sale of any article; (g) "Inspector" shall mean an inspector appointed by the Lieutenant Governor in Council for enforcing the provisions of this Act and shall include the Chief Inspector;

(h) "Mill-gearing" shall include every shaft, whether upright, oblique or horizontal, and every wheel, drum, pulley or other appliance by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing process;

"Minister" shall mean the member of the Executive Council charged for the time being with the administration of this Act;

"Office" shall include a building or that part of a building occupied and under the control of a separate employer and used for office purposes; (k) "Office building" shall mean a building used or occupied for office purposes and not as a shop or factory, and shall include a part of a building when so used or occupied;

(1) Outworking" shall mean working on articles or materials given out to be made up, cleaned, washed,