"Contractor,"

"Sub-contrac

tor.'

"Owner."

Workman

furnishing material to have first lien

(.) The expression "contractor" means a person contracting with or employed directly by the owner, for the doing of work, or the placing or furnishing of machinery or materials, for the purposes mentioned in the third section of this Act:

(b.) The expression "sub-contractor" means a person contracting with or employed either mediately or immediately by a person so contracting with or employed by the owner;

(c.) The expression "owner" extends to and includes a person having any estate or interest, real or equitable, in the lands upon or in respect of which the work is being done, or materials or machinery are being placed or furnished, and at whose request and upon whose credit, or on whose behalf, or with whose privity or consent, or for whose direct benefit, any such work is done, or materials or machinery placed or furnished, and all persons claiming under him, whose rights are acquired after the work in respect of which the lien is claimed was commenced, or the materials or machinery furnished were commenced to be furnished. C. S. M. c. 53, s. 2.

3. Unless he shall have agreed to the contrary, every doing work or mechanic, machinist, builder, miner, laborer or other person doing work upon, or furnishing materials to be used in the on property. construction, alteration or repair of, any building or erection, or erecting, furnishing or placing machinery of any kind in, or upon, or in connection with, any building, erection or mine, shall, by virtue of being so employed or furnishing, have a lien or charge for the price of such work, machinery or materials upon such building, erection or mine, and the lands occupied thereby or connected therewith, and limited in amount to such sum as shall be justly due to the person entitled to such lien :

When under $20.

Such lien not

to extend

beyond employer's

interest therein.

Sub-contrac

tor.

Provided that no such lien shall exist under this Act for any claim under the sum of twenty dollars. 46 and 47 V. c. 32, s. 3, part.

4. Such lien shall be limited to the estate or interest in such lands, building or erection of the owner at whose instance or request, or with whose privity or consent, such work shall have been done or such machinery or materials placed or furnished, 46 and 47 V. c. 32, s. 3, part.

5. Such lien shall attach upon the estate and interest, legal or equitable, of such owner, in the building, erection or mine upon or in respect of which the work is done, or the materials or machinery placed or furnished, and the land occupied thereby or enjoyed therewith:

Provided, always, that, in case the lien be claimed by a subcontractor, the amount to be claimed in respect thereof shall

be limited to the amount payable to the contractor or subcontractor, as the case may be, for whom the work has been done, or materials or machinery have been furnished or placed, and shall not in any case attach upon such estate and interest, so as to make the same or the owner thereof liable to the payment of any greater sum than the sum payable by such owner to the contractor. C. S. M. c. 53, s. 4; 46 and 47 V. c. 32, s. 4.

REGISTRATION.

registered

within 30

days and sworn to.

6. No lien under this Act shall exist unless and until a Lien to be statement of claim is registered in the proper office before or during the progress of the work aforesaid, or within thirty days from the completion thereof or from the supplying or placing of the material or machinery aforesaid. Such statement of claim shall be verified by the affidavit of the person entitled thereto or, if there be more than one person entitled thereto, then by any one of such persons. 46 and 47 V. c. 32, s. 6, part.

7. Such statement of claim and affidavit shall be regis- Office of tered in the land titles office in which instruments or registration. dealings affecting the lands affected or proposed to be affected thereby are to be registered, if such lands have been brought under the operation of "The Real Property Act," or, if the lands have not been so brought, then such statement shall be registered in the registry office or registry office or land titles office for the registration district or land titles district in which such lands are situate. If the lands be partly under the operation of said Act and partly not, each portion shall be affected only by registration in the proper office. 46 and 47 V. c. 32, s. 6 part; 51 V. c. 29, s. 34.

8. Such statement of claim shall state,

(a.) The name and residence of the claimant, and of the reputed owner of the property to be charged, and of the person for whom the work is done or materials or machinery furnished, and the time or period within which the same was or was to be done or furnished :

(b) The work done or materials or machinery furnished;

(c.) The sum claimed as due or to become due :

(7.) The description of the land to be charged. 46 and 47 V. e. 32, s. 6 part: 51 V. c. 29, s. 5.

Contents of such statement.

To be verified by affidavit.

Person regis

chaser pro tanto.

How lien shall

9. Any affidavit taken under and by virtue of former Acts respecting Mechanics' Liens, or any Act or Acts amending the same, or under and by virtue of this Act, before any Commissioner for taking affidavits, magistrate, or justice of the peace, Judge of any Court, registrar, deputy registrar, notary public or other person authorized to take affidavits in this Province shall be held to have been properly taken. 47 V. c. 14, s. 1.

10. And when such statement of claim and affidavit shall have been so filed or registered in an office under "The Lands Registration Act of Manitoba" or under the "The Registry Act" the person entitled to the said lien shall be deemed a purchaser pro tanto and within the provisions of "The Registry Act." 46 and 47 V. c. 32, s. 7, part.

11. Such lien may be discharged by the registrar or dishe discharged, trict registrar on receiving a certificate to that effect from the person entitled to said lien, and verified as required in cases of certificates of discharge of mortgages. C. S. M. c. 35, s. 6: 46 and 47 V. c. 32, s. 7, part.

PROCEEDINGS TO REALIZE.

Determination of lien.

When lien may be enforced in

12. Every such lien shall absolutely cease to exist within ninety days after such work shall have been completed, or materials or machinery furnished, unless in the meantime proceedings shall have been instituted to realize such claim under the provisions contained in this Act and a certificate of lis pendens thereof be registered in the proper registry office or land titles office. C. S. M. c. 53, s. 7: 46 and 47 V. c. 32, s. 5.

13. When the amount of such lien is within the sum of two hundred and fifty dollars, proceedings may be taken in County Court. the County Court of the Judicial Division in which the land charged is situate, for the sale of the estate and interest affected by said lien, the Clerk of which Court may issue the necessary certificate of lis pendens; and the said Court or a Judge thereof may proceed in a summary manner by summons and order, and may take accounts and make the requisite inquiries, and, in default of payment, may direct the sale of the estate and interest charged; and such further proceedings may be taken for the purpose aforesaid as the said Court or Judge may think proper in its or his discretion; and the fees and costs in all proceedings taken under this section shall be such as are payable in respect for the like or similar matters according to the ordinary procedure of the said Court. C. S. M. c. 53, s. 8.

Queen's Bench

14. In all cases the lien may be realized in the Court of Court of Queen's Bench, on the equity side thereof, according to the may enforce ordinary procedure of that Court, regard being had to costs. C. S. M. c. 53, s. 9.

lien.

15. The said Courts, in their discretion, may respectively The Courts may order order the sale of the estate and interest affected at such time sale. and in such manner, in each case, as such Court may think proper, and may also direct the sale of any machinery or other materials and authorize the removal of the same, although fixtures. C. S. M. c. 53, s. 10.

matter of the

removed.

16. After the filing and registration in manner aforesaid The subject and during the continuance of any claim, no portion of the lien not to be property affected thereby or the machinery thereon shall be removed to the prejudice of such lien; and any attempt at such removal may be restrained on application by the Court or a Judge thereof, by order or injunction. C. S. M. c. 53, s. 11.

may accept

payment into

17. Upon application to the Court or to any Judge thereof, The Courts such Court or Judge may order security to be given, or pay-security or ment of money into Court in lieu of the amount of such lien, Court. and may thereupon vacate the registry of such lien, or upon any other ground, if the Court or Judge shall think fit, annul said registry, and, in any of said cases, may nevertheless proceed to hear and determine the matter of the said lien, and to make such order as the Court or Judge may think fit; and in case the person claiming to be entitled to such lien shall have wrongfully refused to sign a certificate of discharge thereof or shall, without just cause, claim a larger sum to be due than is found by the Court or Judge, the Court or Judge may order and adjudge him to pay to the other party such costs and any further sum, not exceeding one-fifth of the amount of the original claim, as the Court or Judge may think fit to award. C. S. M. c. 53, s. 12.

MISCELLANEOUS PROVISIONS.

is on a lease

18. In cases where the estate or interest charged by said When the lien lien is leasehold, the fee simple may also, with the consent of hold, the fee the owner thereof, be subject to said charge, provided such ed in certa in may be charg consent be testified by the signature of such owner upon the cases. statement of claim at the time of the filing or registration thereof, and duly attested and proved. C. S. M. c. 53, s. 13.

ing claims lienholders.

19. Any person furnishing material to, or doing labor for, Persons hav the person claiming a lien under this Act, in respect of the against the subject of such lien, who shall notify to the owner of the premises sought to be affected thereby, within thirty days after such material is furnished or labor performed, of an

Several liens.

Priority of lien.

ments.

unpaid account or demand against such lienholder for such material or labor, shall be entitled to a charge therefor upon any amount payable by such owner under said lien; and he shall thereupon be liable to pay the amount of such charge to such person furnishing material or doing labor as aforesaid: and payment when made shall be deemed a satisfaction pro tanto of such lien; and in case of any dispute as to the validity or amount of such unpaid account or demand, the same shall be first determined by suit in the proper Court in that behalf, or otherwise, as shall be directed by any Judge: and during the pendency of such proceedings, so much of the amount of the lien as is in question therein may be withheld from the person filing or registering his lien. C. S. M. c. 53, s. 14.

20. In cases where there are several liens filed or registered under this Act against the same property, and the proceeds at any sale shall be insufficient to pay all lien holders in full, the said proceeds shall be distributed amongst them rateably and pari passu; and they shall respectively be entitled to execution for any balance due to them respectively after said distribution, upon an order of a Judge, without any ulterior proceedings. C. S. M. c. 53, s. 15.

21. In case the land upon or respect of which the work is done, or materials or machinery are placed, be incumbered by a mortgage or other charge existing or created before the commencement of the work or of the placing of the materials or machinery upon the land, such mortgage or other charge shall not have priority over a lien under this Act to any greater extent than the actual value of such land was at the time the improvements were commenced. C. S. M. c. 53, s. 17.

Effect of pay- 22. All payments made in good faith by the owner to the contractor, or by the contractor to the sub-contractor, or by one sub-contractor to another sub-contractor, before notice in writing by the person claiming the lien shall have been given to such owner, contractor or sub-contractor, as the case may be, of the claim of such person, shall operate as a discharge pro tanto of the lien created by this Act:

Arbitration.

Provided, always, that this section shall not apply to any payment made for the purpose of defeating or impairing a claim to a lien existing or arising under this Act. C. S. M. c. 53, s. 18.

23. In case a claim be made by a sub-contractor or any other person in respect of a lien to which he is entitled, and a dispute arises as to the amount due or payable in respect thereof, the same may be settled by arbitration. One arbitrator may be appointed by the person making the claim, one by the person by whom he may have been employed, and the