North-West Territories Power of sale. Every 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 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 (35).

Such mechanic or other person shall apply the proceeds of the sale 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 (36).

Jeweler's lien-New Brunswick.-The following statutory provision exists in the Province of New (35) Con. Ord. N.W.T. 1898, c. 59, S. 31. (36) Con. Ord. N.W.T. 1898, c. 59. s. 31 (a).

Brunswick: "All watches, jewelry and other articles, left by any person with any watchmaker or jeweler in this Province to be mended or repaired in any way, may, if no agreement is made to the contrary, if not called for within two years from the time such watch, jewelry or other article, was left as aforesaid, be sold at public auction by the watchmaker or jeweler, upon four weeks' public notice of the time and place of sale, which place shall be in the parish, city or town where the watchmaker or jeweler resides, posted in three or more public places in such parish, city or town, and also in two successive issues of a newspaper published in the county, if any such newspaper is published, and in two consecutive issues of the Royal Gazette, and such notice shall have specified therein the name of the person who left such watch, jewelry or other article, if known, the date when the same was left, and if a watch, the maker and number of the watch, and the amount of charges thereon (37).

The amendment, indicated by the words added in italics, is by the provisions of the amending Act (38), not to apply so as to affect any watches, jewelry or other articles left by any person with any watchmaker or jeweler in New Brunswick to be mended repaired, until after July 1, 1899.

or

If such watches, jewelry or other articles are sold, and realize more than the charge due thereon with interest, together with the costs and expenses of advertising and selling, the surplus shall be paid by the watchmaker or jeweler, on demand, to the person who left the same for repairs, or to his or her legal representatives; provided nevertheless that such demand shall be made therefor within six months

(37) Cons. Stat. N. B. (1877) c. 95, s. 1, as amended by Acts of N.B., 1898, c. 10.

(38) Stat. N. B. 1898, c. 10, s. 2, passed 18 March, 1898.

after such sale; and in the event of no such demand being made before the expiration of the six months the surplus shall be paid to the Receiver General, and the watchmaker or jeweler shall at the same time file with the Receiver General a copy of the advertisement under which such sale was made, and a detailed statement of the articles sold and prices obtained.

6

If the owner of any watch or jewelry so sold, or his legal representative, shall make application within years for the sum so paid in, the Receiver General is authorized to pay back the same to him (39). The Receiver General referred to is the Receiver General of the Province of New Brunswick at Fredericton, N. B.

If any sale be made under the provisions of the Act, and the watchmaker or jeweler refuse or neglect, upon demand duly made under the provisions thereof, to pay the surplus of any such sale after deducting the amounts thereby authorized to be deducted to the person entitled to receive the same, or if the watchmaker or jeweler shall omit for the space of four weeks after the expiration of six months from the time of any such sale (in case the said surplus has not been demanded) to pay such surplus into the hands of the Receiver General, and to file the statement and copy of the advertisement of sale, such watchmaker or jeweler will be liable in any such case to a penalty of not exceeding $100, to be recovered before any two Justices of the Peace, or before any Police or Stipendary Magistrate residing in the county where such watchmaker or jeweler resides (40).

Threshers' liens - N. W. Territories.- In every case in which any person threshes or causes to be

(39) Cons. Stat. N. B. (1877) c. 95, s. 2. (40) Con. Stat. N.B. (1877) c. 95, s. 3.

threshed grain of any kind for another person, at or for a fixed price or rate of remuneration, the person who so threshes the grain, or causes the same to be threshed, is given in the North-West Territories a statutory right to retain a quantity of such grain sufficient for the purpose of securing payment of the fixed price or remuneration, if such grain is taken at the time when the threshing is finished or within 30 days thereafter (41). The quantity of grain which may be so retained shall be a sufficient quantity, computed at the market value thereof at the nearest market, less two and one-half cents per bushel for each 10 miles between the place of threshing and the nearest market for hauling the same to and delivering the same at the nearest available market, when sold, to pay for the threshing of all grain threshed by the person taking the grain, or by his servants or agents, for the owner thereof during that same season (42). The right to retain and remove such quantity of grain shall, if exercised forthwith after the threshing is finished, prevail over all writs of execution against the owner thereof, or chattel mortgages, bills of sale or conveyances, made by him, and over rights of distress for rent reserved upon the land upon which the grain is threshed, and the person performing such work of threshing, or procuring the same to be done, shall be deemed a purchaser for value of the grain which he takes by virtue of the Ordinance (43).

(41) Con. Ord. N.W.T. 1898, c. 60, s. 2, as amended by Ord. 1899, C. II.

(42) Con. Ord. N. W. T. 1898, c. 60, s. 2, as amended by Ordinance of 1899, c. 11.

(43) Con. Ord. N. W. T. 1898, c. 60, s. 3, as amended by Ord. of 1899, C. II.

Threshers' liens-Manitoba.-In the Province of Manitoba any person who threshes, or causes to be threshed, grain of any kind for another person at or for a fixed price or rate of commission, has a statutory right to retain, for the purpose of securing payment of the price, a sufficient quantity of the grain to pay, when sold, for the threshing of all grain threshed for the owner by the person retaining the grain, or by his servants or agents, within 30 days prior to the date when such right of retention is asserted (44). The grain is to be considered as still in the possession of the person by whom or by whose servants or agents it is threshed, and as subject to this right of detention, although the same has been piled up or placed in bags. or other receptacles, unless and until said grain is sold and delivered to a bona fide purchaser and value received therefor, and unless it has been removed from the premises and vicinity where the grain was threshed, and out of the possession of the person for whom the threshing was done (45). The threshers' lien given by this statute is therein declared to prevail against the owner of such grain and "any and all liens, charges, encumbrances, conveyances and claims whatsoever" (46).

The right of retention of the grain by the thresher is effectually asserted when the person entitled to such right

(a) declares either verbally or in writing his intention of holding such grain, or

(b) does any act or uses any language indicating that he has taken or retained or is about to take or retain possession of such grain (47).

(44) Stat. Man. 1894, c. 36, ss. I, 2.

(45) Stat. Man. 1894, c. 36, s. 3; Stat. Man. 1896, c. 30.

(46) 57 Vict. (Man.) c. 36, s. 4.

(47) 57 Vict. (Man.) c. 37, s. 6.