tration district wherein the property in respect of which the lien is claimed is situated. R.O. c. 48, s. 22.

enforce

23. Every lien which has been duly deposited under the Action to provisions of this Ordinance shall absolutely cease to exist registered lien after the expiration of ninety days after the work has been Time for completed or materials or machinery furnished or wages earned or the expiry of the period of credit where such period is mentioned in the claim of lien filed unless in the meantime proceedings are instituted to realise 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 registered in the land titles office of the land registration district wherein the property in respect of which the lien is claimed is situate. R.O. c. 48, s. 23.

action if no

stated

24. If there is no period of credit or if the date of expiry Time for of the period of credit is not stated in the claim so filed the lien period of shall cease to exist upon the expiration of ninety days after credit or none the work has been completed or materials or machinery furnished unless in the meantime proceedings shall have been instituted pursuant to section 23 of this Ordinance. R.O. c. 48,

s. 24.

realisable in

25. In all cases the lien may be realised in the Supreme Lien Court in the judicial district in which the land charged is situ- Supreme ated according to the ordinary procedure of that court. c. 48, s. 28.

R.O. Court

joining in

26. Any number of lienholders may join in one action and Lienholders any action brought by a lienholder shall be taken to be brought action on behalf of all the lienholders of the same class who shall have Action enuring registered their liens before or within thirty days after the to class commencement of the action or who shall within the said thirty days file in the proper office of the court from which the writ issued a statement of their respective claims intituled in or referring to the said action.

refusal

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

Time for

(3) In case of a sale of the estate and interest charged with Sale of land 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 authorise its removal.

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

Class to rank pari passu

Removing

lien on terms

Annulling registration

Summary hearing and

(6) Where there are several liens under this Ordinance against the same property each class of the lienholders 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 lienholders pro rata according to their several classes and rights and they shall respectively be entitled to execution for any balance due to them respectively after said distribution.

(7) Upon application the court or judge may receive 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 any other ground.

(9) In any of the cases mentioned in subsections (7) and (8) determination the court or judge may proceed to hear and determine 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. R.O. c. 48, s. 29.

Death of holder

Assignment of lien

Discharge of lien

Discharge to be at contractor's

cost

Materials exempt from execution

27. In the event of the death of a lienholder his right of lien shall pass to his personal representatives and the right of a lienholder may be assigned by any instrument in writing. R.O. c. 48, s. 25.

DISCHARGE OF LIEN.

28. A lien may be discharged by a receipt signed by the claimant or his agent duly authorised in writing acknowledg ing 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 any book; the fees shall be the same as for registering a claim of lien. R.O. c. 48, s. 26.

29. When there is a contract for the prosecution of the work as hereinbefore mentioned the registration of all discharges of liens shall be at the cost of the contractor unless a court or judge otherwise orders. R.O. c. 48, s. 27.

EXECUTION AGAINST PERSON SUPPLYING MATERIAL.

30. Where any mechanic, artisan, machinist, builder, miner, contractor or any other person has furnished or procured materials for use in the construction, alteration or repair 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. R.O. c. 48, s. 30.

LIENS ON CHATTELS.

improvement

31. Every mechanic or other person who has bestowed Liens for money or skill and materials upon any chattel or thing in the of chattels alteration and improvement of its properties or for the purpose Enforcing 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 the 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 residence or last known 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 be known.

(a) Such mechanic or other person shall apply the proceeds of the sile in payment of the amount due to him and the costs of advertising and sale and shall upon application pay over any surplus to the person entitled thereto. No. 5 of 1889.

FORMS.

32. The forms in the schedule hereto shall be deemed suf- Forms ficient for the purposes specified in such schedule.

SCHEDULE.

FORM A.

CLAIM OF LIEN.

A.B., (name of claimant) of (here state residence of claimant), (if so, as assignee of state name and residence of original lienholder) claims a lien under The Mechanics' Lien Ordinance 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

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).

When credit has been given, insert: The said work was done (or materials were furnished) and the period of credit agreed to expired (or will expire) on the

Dated at

of

day of

this

A.D. 1

(Signature of Claimant.)

1

day

FORM B.

CLAIM OF LIEN FOR WAGES.

A.B. (name of claimant) of (here state residence of claimant) (if so, as assignee of state name and residence of original lienholder) claims a lien under The Mechanics' Lien Ordinance, 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 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

The amount claimed as due is the sum of $

day 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.)

The following persons claim a lien under The Mechanics' Lien Ordinance upon the land of (here 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 residences of employers of the several persons claiming the lien).

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

of

the

A.D. 1

day

(Signatures of the several claimants).

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

FORM D.

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 C.D. 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 affidavit 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).