FORM 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 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).

Short title.

CHAPTER 54.

An Ordinance respecting Liens in favour of Miners and others.

1. This Ordinance may be cited as "The Miners' Lien Ordinance." No. 31 of 1902, s. 1.

INTERPRETATION.

2. In this Ordinance,

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 commenced to be furnished.

2. The expression "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.

3. The words "registering" or registration" means the filing or depositing of an instrument with the regis tration clerk. No. 31 of 1902, s. 2.

Nature of lien.

LIEN FOR WORK OR MATERIALS.

3. Unless he signs an 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 the price of such work, services or materials upon the said mine, the minerals, or ore produced therefrom, or the materials supplied for the working thereof, and the lands occupied thereby 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, however, in amount to the sum justly due to the person entitled to the lien;

(2) Such lien upon registration as in this Ordinance pro- To take effect vided shall attach and take effect upon the date of the registration. registration as against subsequent purchasers, mortgagees or other encumbrances. No. 31 of 1902, s. 3.

lien shall

4. The lien shall attach upon the estate or interest of the Property owner and all persons having any interest in the mine and upon which the minerals or ore produced therefrom, and upon the ap- attach. purtenances thereto and the lands occupied thereby or enjoyed therewith. No. 31 of 1902, s. 4.

except as

5. Any lien created by this Ordinance shall have priority Lien to have over all claims against said mine and the minerals or ore priority produced therefrom excepting conveyances and mortgages against certain registered prior to the registration of said lien under the registered regulations governing quartz or placer mining passed by the Governor General in Council. No. 31 of 1902, s. 5.

instruments.

REGISTRATION OF LIEN.

6. A claim of lien may be deposited in the office of the Where lien to Registration Clerk for the district in which the mine is be registered. situated and shall state:

What to

(a) The name and residence of the claimant and of the contain.
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;

(b) 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 personal knowledge of the facts sworn to. No. 31 of 1902, s. 6.

labourers.

7. A claim for wages may include the claims of any May include number of mechanics, labourers or other persons aforesaid claims of other 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. 31 of 1902, s. 7.

8. Where the lien is for wages the claim may be registered at any time within thirty days after the last day's labour for which the wages are payable. No. 31 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

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. 31 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 herein before limited for the registration thereof. No. 31 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 such 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. 31 of 1902, s. 11.

12. Upon such summons being granted the court or judge may after notice given to the various parties interested, including 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. 31 of 1902, s. 12.

13. Any number of lien holders may join in one summons 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 within 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.

(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.

(3.) If the minerals or ore produced from said mine are not sufficient to satisfy 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 month from the recovery of judgment and it shall not be necessary to delay the sale for a longer period thereafter than is requisite to give reasonable notice thereof.

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

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

(6.) Where there are several liens under this Ordinance against the same property each class of the lien holders. shall rank pari passu for their several amounts against the said property; and the minerals received by the receiver together with the proceeds of any sale shall, subject as aforesaid, be distributed among such lien holders 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 sub-sections (7) and (8) 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 has filed said lien or 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 of the other party. No. 31 of 1902, s. 13.

DEATH OF LIEN HOLDER.

14. In the event of the death of a lien holder his right of Right to pass lien shall pass to his personal representatives and the right to personal of a lien holder may be assigned by any instrument in tatives on writing. No. 31 of 1902, s. 14.

represen

death of lienholder.