to, the amount of the contract or sub-contract, or wages due by him or them to any contractor, sub-contractor, or labourer, and may order a final judgment against such contractor or owner, or either of them, in default for such costs, with execution as provided in section 16 of this Act.

21. If the property sold in any proceedings under this Act shall be Leasehold property a leasehold interest, the purchaser at any such sale shall be deemed to

be the assignee of such lease.

22. All moneys realized by proceedings under this Act shall be Distribution of proapplied and distributed in the following order :

(1.) The costs of all the lienholders of and incidental to the proceedings, and of registering and proving the liens :

(2.) The balance shall then be divided by first paying six weeks' wages (if due) to all labourers employed by the owner, contractor, and sub-contractors (provided such balance shall be sufficient to pay six weeks' wages as aforesaid, but if not, then amount shall be divided pro rata among the said labourers), and the balance remaining, after paying six weeks' wages as aforesaid, shall be divided pro rata among the sub-contractors, and other persons employed by the owner and contractor, after all labourers, sub-contractors, and other persons employed by the owner and contractor, have been paid their liens and costs, the balance shall be paid to the contractor.

ceeds of sale under

Act.

chattels.

23. Every mechanic or other person who has bestowed money or Mechanics' lien on skill and materials upon any chattel in the alteration and improvement of its properties, or increasing its value, so as thereby to become entitled to a lien upon such chattel or thing for the amount or value of the money, skill, or materials bestowed, shall, while such lien exists, but not afterwards, in case the amount to which he is entitled remains unpaid for three months after the same ought to have been paid, have power to sell the chattel in respect of which the lien exists, on giving two weeks' notice by advertisement in a newspaper published in the city, town, or district in which the work was done, or in case there is no newspaper published in such city, town, or district, then in a newspaper published nearest thereto, stating the name of the person indebted, the amount of his indebtedness, a description of the chattel to be sold, the time and place of sale; and after such sale, such mechanic or other person shall apply the proceeds of such sale in payment of the amount due to him, and the costs of advertising and sale, and shall pay over the surplus (if any) to the person entitled thereto on application being made to him therefor, and a notice in writing of the result of the sale shall be left at or posted to the address of the owner at his last known place of abode or business.

When a lien shall expire

When a registered lien shall be cancelled.

Receipted pay rolls of woodman's wages must be produced.

Person not requiring

production of re

Expiration, Cancellation, and Discharge.

24. Every lien shall absolutely cease to exist after the expiration of thirty days after the filing of the affidavit mentioned in section 8 of this Act, unless the claimant in the meantime shall have instituted proceedings to realize his lien under the provisions of this Act, and a certificate of the Judge or Registrar of the Court wherein the proceedings are commenced, certifying that such action has been commenced, is duly filed in the office of the Government Agent in the city, town, or district wherein the land is situate, and in case there shall be no Government Agent in such city, town, or district, then in the office of the Registrar-General of Titles, or, the land being in New Westminster District, in the office of the nearest District Registrar of Titles.

25. The Government Agent, Registrar-General, or District Registrar of Titles shall, on receiving a certificate under the seal of the Registrar of the Court wherein such action is pending, stating the names of the lienholders parties to such action, and that the amount due by the owner in respect of such liens has been ascertained and paid into Court in pursuance of an order of such Court or Judge, or that the property has been sold to realize such liens, or that such lien has been improperly filed, or that such lien has otherwise ceased to exist or on receiving a statement in writing signed by the claimant or his agent that the lien has been satisfied, cancel all liens registered by such parties.

26. Every person making or entering into any contract, engagement, or agreement with any other person for the purpose of furnishing, supplying, or obtaining timber or logs by which it is requisite and necessary to engage and employ workmen and labourers in the obtaining, supplying, and furnishing such logs or timber as aforesaid shall, before making any payment for, or on behalf of, or under such contract, engagement, or agreement of any sum of money, or by kind, require such person to whom payment is to be made, to produce and furnish a pay-roll or sheet of the wages and amount due and owing, and of the payment thereof, which pay-roll or sheet may be in the form of Schedule C annexed to this Act, or if not paid, the amount of wages or pay due and owing to all the workmen or labourers employed or engaged on or under such contract, engagement, or agreement at the time when the said logs or timber is delivered or taken in charge for, or by, or on behalf of, the person so making such payment and receiving the timber or logs.

27. Any person making any payment under such contract, engageceipted pay roll shall ment, or agreement without requiring the production of the pay-roll be liable at suit of or sheet as mentioned in section 26 of this Act, shall be liable, at the suit of any workman or labourer so engaged under said contract,

workman.

engagement, or agreement, for the amount of pay so due and owing to

said workman or labourer under said contract, engagement, or agreement.

28. The person to whom such pay-roll or sheet is given shall retain, Sums mentioned in pay roll as unpaid to for the use of the labourers or workmen whose names are set out in be retained. 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.

of Court.

29. The Judges of the County Court, or any two of them, may Judges of County make general rules and regulations, not inconsistent with this Act, for Court to make Rules expediting and facilitating the business before such Court under this Act, and for the advancement of the interests of suitors therein.

Acts.

30. The "Mechanics' Lien Act, 1888," (being Chap. 74 of the Con- Repeal of former solidated Acts, 1888), the "Mechanics' Lien Amendment Act, 1889," and the "Mechanics' Lien Amendment Act, 1890," are hereby repealed; but such repeal shall not affect any right of lien which would have existed but for the passing of this Act, nor shall this Act affect any proceedings pending at the time of the passage of this. Act under the Acts hereby repealed, or any of them; and any notice given under authority of the repealed Acts, or any of them, and any proceedings taken, or claim for lien or proceeding taken or filed for the realization of any lien under the Acts hereby repealed, or any of them, may be continued under the former Acts, in like manner as if this Act had not been passed.

SCHEDULE A.

In the matter of the "Mechanics' Lien Act, 1891," and in the matter

a mechanic's lien against the property or interest hereinafter mentioned, whereof

is owner.

2. That the particulars of the work done are as follows:

:

3. That the work was finished or discontinued on or about the day of

4. That the said [insert name of person claiming the lien] was in the employment of

in respect of which the lien is claimed, for

after the above mentioned date.

contractor for the work

days

5. That the sum of

dollars is owing to

on the

of

day of

in respect of the same, and was due

6. That the description of the property to be charged is as follows:Sworn at

B.C., this

day

[Here insert nature and location of work, and nature of interest of

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 12 of the "Mechanics' Lien Act, 1891," 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

18

An Act to amend the "Act respecting the union of certain Methodist Churches in Canada.

HER

[20th April, 1891.]

[ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. The said Act is hereby amended by striking out the whole of section 6 thereof.

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.