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Arbitration
of sub-
contractor's
claim.



14« In case a claim is made by a sub-contractor in respect
of a lien on which he is entitled, and a dispute arises as to
the amount due or payable in respect thereof, the same
shall be settled by arbitration.

(2) One arbitrator shall be appointed by the person mak-
ing the claim, one by the person by whom he was employed,
and the third arbitrator by the two so chosen.

(3) The decision of the arbitrators or a majority of them
shall be final and conclusive.

(4) In case either of the parties interested in any such
dispute refuses or neglects within three days after notice in
writing requiring him to do so, to appoint an arbitrator, or
if the arbitrators appointed fail to agree upon a third, the
appointment may be made by a judge of the Territorial
Court. N.W.T., c. 59, s. 14.



Material
affected by
lien not to be
removed.



15. During the continuance of a lien no portion of the
property or machinery affected thereby shall be removed to
the prejudice of the lien ; and any attempt at such removal
may be restrained by application to the Territorial Court
or a judge thereof. N.W.T., c. 5l», s. 15.



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J902 mechanics' liens Cap. 68 -487

REGISTRATION OF LIEN.

!•• A claim of lien applicable to the case may be Re^tration
deposited in the land titles office of the Yukon land regis- ^^ ^^®^-
tration district and shall state :

(a) The name and residence of the claimant, and of the
owner of the proi)erty to be charged and of the person
for whom and upon whose credit 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 material or machinery furnished ;

(c) The sum claimed as due or to become due ;

(d) The description of the property to be charged ;

\e) The date of expiring of the period of credit agreed
to by the lien holder for payment for his work, ma-
terials or machinery where credit has been given.
(2) Such claim shall be verified by the affidavit of the
claimant or his agent. N.W.T., c. 69, s. 16.

IV* A claim for wages may include the claims of any Claim for
number of mechanics, labourers or other persons aforesaid ^m^
who may choose to unite them, in such case each claimant several claims.
shall verify his claim by his affidavit but need not repeat
the facts set out in the claim and an affidavit substantially
in accordance with form D in the schedule to this Ordinan-
ce shall be sufficient. N.W.T., c. 69, s. 17.

IS. The registrar upon payment of the proper fee shall ^j^ ^ ^
enter and register the claim as an encumbrance against the incumbi^oe.
land or the estate or interest in land therein described as
provided in The Land Titles Act 1894. The said claim of
lien may be described ea a mechanics' lien. N.W.T., c. 69,
s. 18.

19. Where a claim is so deposited the person entitled to Lien holder a
the lien shall be deemed a purchaser pro tanto. N.W.T., c. |JJ^[^^'
69, s. 19.

20. Where the lien is for wages under section 6 or 9 of Time for
this Ordinance the claims may be registered : registration.

(a) At any time within thirty days after the last day's
labour for which the wa^es are payable ; or

(b) At any time within thirty days after the completion
of the construction, alteration or repair of the build-
ing or erection or after the erecting or placing of the
machinery in or towards which, respectively, the
labour was i)erformed and the wages earned but so
that the whole period shall not exceed sixty days
from the last day's labour aforesaid.

(2) Such lien shall not be entitled to the benefit of the
provisions of sections 6 and 9 of this Ordinance after the



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488



Oap. 58



CONSOLIDATED ORDINANCES



CO.



Time for
registration.



said respective periods unless the same is duly registered
before the expiration of the said periods so limited.

(8) Such lien shall have the same priority for all purposes
after as before registration. N.W.T., c. 59, s. 20.

21«*In other cases the claim of lion may be deposited
before or during the progress of the work or within thirty
days from the completion thereof or from the supplying or
placing the machinery. N.W.T., c. 69. s. 21.



PBOCEEDINQS TO BffAUZE LIBP7.

Actions to 23* Every lien which has not been duly deposited under

um^tered t^^ provisious of this Ordinance shall absolutely cease to

jjen. exist on the expiration of the time hereinbefore limited for

Time for. ^^^ registration thereof unless in the meantime proceedings

are instituted to realize the claim under the provisions of

this Ordinance and a certificate thereof (which may be

granted by the court in which or judge before whom the

proceedings are instituted) is duly filed in the land titles

office of the Yukon land registration district. N.W.T., c.

59, s. 22.

Action to 28. Every lien which has been duly deposited under the

^^i^red lien provisious of tMs Ordinance shall absolutely cease to exist
Time for. after the expiration of ninety days after the work has been
completed or materials or machinery furnished or wa^es
earned or the expiry of the period of credit where such period
is mentioned in the claim of lien filed unless in the mean-
time proceedings are instituted to realize the claim under
the provisions of this Ordinance and a certificate thereof
(which may be granted by the court in which or judge be-
fore whom the proceedings are instituted) is duly registered
in the land titles office of the Yukon land registration
district N.W.T., c. 59, s. 28.

Time for 24. If there is no period of credit or if the date of expiry

J^rkS of"^ of the period of credit is not stated in the claim so filed the
credit or none lien shall ccase to exist upon the expiration of ninety days
stated. j^fi^y jj^^ work has been completed or materials or machin-

ery famished unless in the meantime proceedings shall
have been instituted pursuant to section 28 of this Ordin-
ance. N.W.T., c. 59, s. 24.



Lien ^M* In all cases the lien may be realized in the Territor-

^piS^lr ^" ^^^ Court according to the ordinary procedure of that court.
Court. N.W.T., c. 59, s. 25.



Lienholders
joining in
action.



^6. Any number of lien holders may join in one action
and any action brought by a lienholder shall be taken to be
brought on behalf of all the lienholders of the same class



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1902 MECHANios' LIENS Cap. 58 489

who shall have registered their liens before or within thirty Action
days after the commencement of the action or who shall ^ ciasf
within the said thirty days file in the proper office of the
court from which the writ issued a statement of their
respectire claims intituled in or referring to the said action.

(2) In the event of the death of the plaintiflF or his refusal Death of
or neglect to proceed any other lien holder of the same class ^^^ ^'
who has registered his claim or filed his statement in the to proceed.
manner and within the time above limited for that purpose
may be allowed to prosecute and continue the action on such
terms as are considered just and reasonable by the court or
judge.

(8) In case of a sale of the estate and interest charged ^^ o| ^an^.
with the lien the court or judge may direct the sale to take ™® ^^*
place at any time after one month from the recovery of
judgment and it shall not be necessary to delay the sale for
a longer period than is requisite to give reasonable notice
thereof.

(4) The said court or judge may also direct the sale of any Machinery.
machinery and authorize its removal.

(5) When judgment is given in favour of a lien the court Costs.
or judge may add to the judgment the costs of and inciden-
tal to registering the lien as well as the costs of the action.

(6) Where there are several liens under this Ordinance class to rank
against the same property each class of the lien holders p**^ '*"'*^-
shall, subject to the provisions of sections 5, 9 and 11 of

this Ordinance, rank pari passu for their several amounts
against the said property and the proceeds of any sale shall,
subject as aforesaid, be distributed amongst such lien holders
pro rata according to their several classes and rights and
they shall respectively be entitled to execiition for any bal-
ance due to them respectively after said distribution.

(7) Upon application the court or judge may receive Removing
security or payment into court in lieu of the amount of the ^^^^ ^^ *«"^-
claim and may thereupon vacate the registry of the lien.

(8) The court or judge may annul the said registry upon AnnuUing

anv other ground. registration.

(9) In any of the cases mentioned in subsections (7) and Suminary
(8) the court or judge may proceed to hear and determine d^SmSation
the matter of the said lien and make such order as seems

just, and in case the person claiming to be entitled to such
lien has wrongfully refused to sign a discharge thereof or
without just cause claims a larger sum than is found by
such court or judge to be due the court or judge may
order and adjudge him to pay the costs to the other party.
N.W.T., c. 69, s. 26.

DEATH OF LIEN HOLDER. — ASSIGNMENT OF LIEN.

SW« In the event of the death of a lienholder his right of Death o
lien shall pass to his personal representatives and the right \^J^^n,ent
of a lien holder may be assigned by any instrument in of Uen.
writing. N.W.T., c. 59, s. 21.



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440



Cap. 58



CONSOLIDATBD ORDINANCES



CO.



DISCHARGE OP LIRN.



Discbarge
of lien.



Discharge
to be at
contractor's
cost.



ftH. A lien may be discharged by a receipt signed by the
claimant or his agent duly authorized in writing acknow-
ledging payment and verified by affidavit and filed, such
receipt shall be numbered and entered by the registrar like
other instruments but need not be copied in anjr book ; the
fees shall be the same as for registering a claim of lien.
N.W.T., c. 69, 8. 28.

S^9» When there is a contract for the prosecution of the
work as hereinbefore mentioned the registration of all dis-
charges of liens shall be at the cost of the contractor unless
a court or judge otherwise orders. N.W.T., c 59, s. 29.



EXECUTION AGAINST PERSON SUPPLYING MATERIAL.



Materials
exempt from
execution.



30* Where any mechanic, artisan, machinist, builder,
miner, contractor or any other person has furnished or pro-
cured materials for use in the construction, alteration or re-
pair of any building, erection or mine at the request of and
for some other person, such materials shall not be subject
to execution or other process to enforce any debt (other than
for the purchase thereof) due by the person furnishing or
procuring such materials, and whether the same have or not
been in whole or in part worked into or made part of such
building or erection. N.W.T., c. 59, s. 80.



LIENS ON CHATTELS.



Liens for
improvement
of chattels.
Enforcing.



31. Everv mechanic or other person who has bestowed
money or skill and materials upon any chattel or thing in
the alteration and improvement of its properties or for the
purpose of imparting an additional value to it so as thereby
to be entitled to a lien upon such chattel or thing for the
amount or value of the money or skill and 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 the right in addition to all other remedies provided
by law to sell the chattel or thing in respect of which the
lien exists on giving one month's notice by advertisement
in a newspaper published in the locality in which the
work was done, or in case there is no newspaper published
in such locality or within ten miles of the place where the
work was done, then by posting up not less than five
notices in Ihe most public places within the locality for
one month, stating the name of the person indebted, the
amount of the debt, a description of the chattel or thing to
be sold, the time and place of sale, and the name of the
auctioneer, and leaving a like notice in writing at the



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1902 mechanics' liens Cap. 58 441

residence or last kxiown place of residence if any of the
owner as the case may be or by mailing the same to him
by registered letter if his address is known.

(a.) Such mechanic or other person shall apply the pro-
ceeds of the sale in payment of the amount due him and* •
the cost of advertising and sale and shall upon application
pay over any surplus to the person entitled thereto. N.W.T.,
c. 69, s. 81.

FORMS.

85^. The forms in the schedule hereto shall be deemed Forms.
sufficient for the T purposes specified in such schedule.
N.W.T., c. 69, s. 82.



SCHEDULE.

FORM A.— Sec. 16.
Claim of Lien.

A.B., (name of claimant) of {here state residence of claimant),
{if sOy as assignee of state, name and residence of original
lien holder) claims a lien under The Mechanics^ Lien Ordi-
nance upon the estate of {here state the name and residence of
the owner of the land upon which the lien is claimed) in the
undermentioned land in respect of the following work {or
materials) that is to say : {here give a short description of
the work done or materials furnished and for which the lien is
claimed) which work was {or is to be) done {or materials
furnished) for {here state the name and residence of the person
upon whose credit the work is done or materials furnished) on
Or before the day of

The following is the description of the work done {or
material or machinery furnished, as the case may be) :

{State the work done or material or machinery furnished)

The amount claimed as due {or to become due) is the
sum of I

The following is the description of the land to be charged :
{here set out a concise description of the land to be charged suf*
^ieientfor the purpose of registration).

Where credit has been given, insert : The said work was
done {or materials wefe furnished) and the period of credit
agreed to expired {or will expire) on the day of 19 .

Dated at this day

of A.D. 19 .

{Signature of Claimant.)

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4tt Cap. 58 CONSOLIDATED ORDINANCES C. 0.

FOEM B.— Sec. 16.

Claim of Lien for Wages.

• ' A B. {name cf claimant) of {here state residence of claimant)
{if so, as assignee of state name and residence of original lien
holder) claims a lien under The Mechanics' Lien Ordinance,
upon the estate of {here state the name and residence vf the
owner of the land upon which the lien is claimed) in the under-
mentioned land in respect of days' work
performed thereon while in the employment of {here state
the name and residence of the person upon whose credit the
work was done) on or before the day of
The amount claimed as due is the sum of |
The following is the description of the land to be charged :
{here set out a concise description of the land to be charged
sufficient for the purpose of registration.)

Dated at this day

of A.D- 19 .

{Signature of Claimant.)



FORM C— Sec. 1*7.

Claim of Likn for Wages when several Claimant&
The following persons claim a lien under The Mechanics^
Lien Ordinance upon the land of {Iiere state the name and
residence of the owner of the land) in respect of wages for
labour performed thereon while in employment of {here
state name and residence or names and residence of employers
of the several persons claiming the lien).

A B., of {residence) $ for days' wages.

CD., of $ for days' wages.

EF., of k for days' wages.*

The following is the description of the land to be charg-
ed : {here set out a concise description of the land to be charged
sufficient for the purpose of registration.)

Dated at the day

A.D. 19.

{Signatures of the several claimants).

^[If any of the above named claimants are assignees of the
original lien holder that fact must be stated and the name and
residence of the original lien holder stated.]



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1902 MEOHAifios' LIBNS Cap. 68 44S

FOEM D.— Sec. 16.
Affidavit Verifying Claim.

I, A.B., named in the above (or annexed) claim do make
oath that the said claim is true {or the said claim so far as
it relates to me is true).
Or,

We A, B. and CD. named in the above (or annexed) claim,
do make oath and each for himself saith that the said claim,
so far as it relates to him, is true.

( Where affidauit is made by agent or assignee^ a clause must
be added to the following effect : I have full knowledge of
the facts set forth in the above or annexed claim).

Sworn before me at
in the Yukon Territory,
this

of A.D. 19

Or,
The said A.B. and CD. were
severally sworn before me at
in the Yukon Ter-
ritory, this day of A.D. 19
Or,
The said E,F. was sworn before
me at in the

Yukon Territory, this
day of A.D. 1



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444 Cap. 64 consolidated ordinances C. 0.



CHAPTER 54.



An Ordinance respecting Liens in favour of Miners

and others.

Short title. *• TMs Ordinance may be cited as ** The Miners' Lien

Ordinance:' No. 81 of 1902, s. 1.



INTERPBETATION.

inten)reution ^* I^^ t^is Ordinance,

** Owner." 1. The expression "owner" extends to and includes

a person having any estate or interest in the mine upon or
in respect to which the work is done or materials are
placed or furnished at whose request and upon whose
credit or on whose behalf or consent or for whose direct
benefit any such work is done, or materials placed and all
persons claiming under him whose rights are acquired
after the work in respect of which the lien is claimed is
commenced or the materials furnished have been com-
menced to be furnished.

"Layman." 2. The expressiou "layman" means any person other
than the owner who is working said mine or a part thereof
for an interest or share of the minerals or ore produced
therefrom.

"Registering" 8. The words " registering " or " registration " means
the filing or depositing of an instrument with the regis-
tration clerk. No. 81 of 1902, s. 2.

LIEN FOR WORK OR MATERIALS.

Nature of lien. ^* Huless he sigus au express agreement to the contrary,
any person who performed any work or service upon or in
respect to, or places or furnishes any material to be used in
the working of any placer or quartz mine for any owner or
layman, shall by virtue thereof have a lien for tne price of
such work, services or materials upon the said mine, the
minerals, or ore produced therefrom, or the materials sup-
plied for the working thereof, and the lands occupied there-
by or enjoyed therewith, or upon or in respect to which
such work or service is performed, or upon which such
materials are furnished or placed to be used, limited, how-
ever, in amount to the sum justly due to the person en-
titled to the lien ;



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1902 FAVOUR OF MINERS Cap. 54 445

(2) Such lien upon registration as in this Ordinance pro- To t^e effect
vided shall attach and take effect upon the date of the re^tratfon.
registration as against subsequent purchasers, mortgagees
or other encumbrances. No. 81 of 1902, s. 8. j

4. The lien shall attach upon the estate or interest of the Property
owner and all persons having any interest in the mine and u^^hln^**
the minerals or ore produced therefrom, and upon the ap- attach.
purtenances thereto and the lands occupied thereby or en-
joyed therewith. No. 81 of 1902, s. 4.

5. Any lien created by this Ordinance shall have priority Lien to have
over all claims against said mine and the minerals or ore ^"^"J^
produced therefrom excepting conveyances and mortgages againstcertam
registered prior to the registration of said lien under the Jj^JJ^^ts.
regulations governing quartz or placer mining passed by

the Governor General in Council. No. 31 of 1902, s. 5.



REGISTRATION OF LIEN.

6. A claim of lien may be deposited in the office of the where lien to
Eegistration Clerk for the district in which the mine is ^'^^*«'^-
situated and shall state : what to

(a) The name and residence of the claimant and of the ^'*^^"-
owner of the property to be charged, and of the
person for whom and upon whose credit the work
is done or materials furnished and the time or
period within which the same was or was to be
done or furnished ;
(6) The work done or material furnished ;

(c) The sum claimed as due or to become due ;

(d) The description of the property to be charged ;

{e,) The date of expiring of the period of credit agreed

to by the lien holder for payment for his work, or

materials where credit has been given ;

(2.) Such claims shall be verified by the affidavit of the

claimant or his agent, having a i>erspnal knowledge of the

facts sworn to. No. 81 of 1902, s. 6.

■y. A claim for wages may include the claims of any May include
number of mechanics, labourers or other persons aforesaid ^^^4°'***'^
who may choose to unite them, in such case each claimant
shall verify his claim by his affidavit but need not repeat
the facts set out in the claim. No. 81 of 1902, s. *7.

*• Where the lien is for wages the claim may be registered
at any time within thirty days after the last day's labour
for wnich the wages are payable. No. 81 of 1902, s. 8.

9. In other cases the claim of lien may be deposited
before or during the progress of the work or within thirty



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446 Gap. 64 consolidated obdinanoes 0. 0.

days from the completion thereof or from the supplying or
placing the materials.

Provided that a lien for materials supplied shall be only
for such materials as were supplied within thirty days prior
to the last day on which any materials were supplied. No.
81 of 1902, s. 9.

10« Every lien which has not been duly deposited under
the provisions of this Ordinance shall absolutely cease to
exist on the expiration of the time hereinbefore limited for
the registration thereof. No. 81 of 1902, s. 10.

proceedings to realize lien.

11# Every lien which has been duly deposited under the
provisions of this Ordinance shall absolutely cease to exist
after the expiration of sixty days after the work has been
completed or materials furnished or wages earned, unless in
the meantime proceedings are instituted to realize the claim
under the provisions of this Ordinance and a certificate
thereof (which may be granted by the court in which, or
judge before whom, the proceedings are instituted) is duly
filed in the office of the registration clerk wherein the
property in respect of which the lien is claimed is situate.
Such liens may be enforced by originating summons in
which shall be set forth the grounds upon which he claims
such lien. Such summons shall be granted upon affidavit
of the facts set forth in said summons and the court or judge
may, either ex parte, or after notice, appoint a receiver for
sucn time and upon such terms as are just and proper, upon
proof to his satisfaction that the lien holder is in danger of
losing his claim unless such receiver is appointed. No. 81
of 1902, s. 11.

12# Upon such summons being granted the court or judge
may after notice given to the various parties interested, in-
cluding the workmen on said claim, summarily determine
and fix the liability of such owner or layman for wages due
to the claimant and other workmen who have filed claims
and also his liability to any other person who has filed a
lien for material supplied. No. 81 of 1902, s. 12.

13. Any number of lien holders may join in one sum-
mons and any action brought by a lien holder shall be taken
to be brought on behalf of all the lien holders of the same
class who shall have registered their liens before or within
thirty days after the commencement of the action, or who
shall witnin the said thirty days file in the proper office of
the court from which the summons issued a statement of
their respective claims intituled in or referring to the said
action.



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1902 FAVOUB OF MINERS Cap. 54 44*7

(2.) In the event of the death of the plaintiff or his refusal
or neglect to proceed, any other lien holder of the same class
who has registered his claim or filed his statement in the
manner and within the time above limited for that purpose
may be allowed to prosecute and continue the action on
such terms as are considered just and reasonable by the
court or judge.

(8.) If the minerals or ore produced from said mine are not
sufficient to satisfv the liens registered against it, the court
or a judge may direct a sale of the estate and interest
charged with the lien to take place at any time after one



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 48 of 77)