|This is an unofficial archived version of The Stable Keepers Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S200
The Stable Keepers Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act, "stable keeper" means the keeper of a livery stable, or of a boarding or sale stable.
Every stable keeper has a lien on the animals and effects hereinafter mentioned for the value or price of any food, care, attendance, or accommodation, furnished for any animal; and in addition to all remedies provided by law has the same rights and privileges for exercising and enforcing the lien, in so far as they are applicable, as boarding house keepers and hotel keepers have or possess by virtue of The Hotel Keepers Act, so far as not inconsistent with, or provided for by, this Act.
Any stable keeper in the province may detain in his custody and possession, before it has been removed out of his custody and possession, but not afterwards, any animal, vehicle, harness, furnishings, or other gear appertaining thereto, or any personal effects, of any person who is indebted to him for stabling, boarding, or caring for, the animal; and the right of detention by any keeper of a livery stable of any animal has priority over, and is not subject to, any existing lien, chattel mortgage, bill of sale, or other charge or encumbrance of whatever nature or kind, affecting the animal.
Every stable keeper is obliged to keep in his possession, and is responsible for, any animals and effects detained by him for the full period of the detention, unless they are sooner released; and if the owner does not reclaim and release the animals and effects so detained within one month from the commencement of the detention, the person detaining them may cause them to be sold by public auction; and, after paying himself and the costs of sale, he shall pay over to the owner of the animals and effects the balance, if any, of the price thereof.
Where the owner cannot be found, the balance shall be handed over to the Registrar of the Court of Queen's Bench, to be kept by him for the owner for one year; after which time, if the owner does not appear or claim the amount so kept, it shall be paid over to the Minister of Finance, and form part of the Consolidated Fund.
Every stable keeper shall have a copy of this Act conspicuously posted up in the office, and in at least two other conspicuous places in his stable.