|This is an unofficial archived version of The Threshers' Liens Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. T60
The Threshers' Liens 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,
"farmer" means a person for whom a thresher threshes or causes to be threshed grain of any kind; (" agriculteur")
"repairer" means a person who repairs or does work upon the threshing machine or the engine or appliances used in connection therewith; ("réparateur")
"repairs" means the repairs or work so done by a repairer; ("réparations" )
"thresher" means a person who threshes or causes to be threshed grain of any kind for another person, or who threshes or cuts and threshes grain, or causes grain to be threshed or cut and threshed for another person, with a harvester-thresher, combine, or any other implement that both cuts and threshes grain; ("exploitant de batteuse")
"workman" means any employee, servant, or workman, engaged in the threshing operations and employed by or working for the thresher. ("travailleur")
Where a thresher threshes, or causes to be threshed, grain of any kind for a farmer at or for a fixed price or rate of remuneration, the thresher may retain a quantity of the grain for the purpose of securing payment of the price or remuneration.
The quantity of grain that may be so retained is a sufficient amount, computed at the fair market value thereof, less the reasonable cost of hauling the grain to, and delivering it at, the nearest available market, to pay when sold for the threshing of all grain so threshed within 30 days prior to the date when the right of retention is asserted.
The grain shall be held to be still in the possession of the thresher and subject to the right of retention herein provided for, although the grain has been piled up or placed in bags or other receptacles, until the grain is sold and delivered to a bona fide purchaser and value received therefor and removed from the premises and vicinity where the grain was threshed, and out of the possession of the farmer.
Where grain threshed, as aforesaid, is delivered by the owner to any person who advances money upon security thereof, all advances bona fide made by the person before receiving notice of the thresher's right of retention take priority over any claim by the thresher.
The right of retention hereinbefore provided for prevails against the owner of the grain and against any and all liens, charges, encumbrances, conveyances, and claims whatsoever, including any mortgage or encumbrance charged upon the grain to secure the purchase price of the seed from which it was grown.
The right of retention shall be held to be asserted by the thresher when he declares his intention of holding the grain either orally or in writing, or does any act, or uses any language, indicating that he has taken or retained, or is about to take or retain, possession of it.
Any person who takes, or endeavours to take, the grain so retained, or any part thereof, out of the custody or control of the thresher, or prevents, or endeavours to prevent, him from exercising his right of retention or any of the rights conferred by this Act, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $20. or more than $100., and in default of payment to three months' imprisonment.
The thresher who asserts the right of retention may forthwith house or store the grain so retained in his own name, and if, at the expiration of five days from the giving of notice in writing to the farmer that the right of retention is asserted, the price or remuneration for the threshing is not paid to the thresher or into court as hereinafter provided he may sell the grain at a fair market price.
The proceeds thereof shall be applied first in payment of the reasonable cost of transporting the grain to market, and next in payment of the price or remuneration for threshing, and the balance then remaining, if any, shall be paid on demand to the owner of the grain or his assigns.
The grain so retained shall be sold within 60 days after the right of retention is asserted, unless the owner thereof consents in writing to the grain being held unsold for a longer time.
Within 15 days after the sale of the grain the thresher shall render to the farmer a statement showing the threshing bill, the number of bushels of grain retained, the price realized for it, the charges arising from the removal, storage, insurance, and the like, of the grain and the balance if anything owing by one party to the other.
Every farmer is, to the extent of the amount earned by the thresher in the threshing of his grain, liable for the wages due to every workman for the time put in by him on the farmer's threshing, and for the fuel used by the threshing outfit while it is engaged during the threshing season on the farmer's premises, and for the cost of repairs done during that threshing season, if the workman or supplier of fuel or repairer, within ten days after the threshing machine is removed from the farmer's premises, gives notice in writing to the farmer stating the amount due in respect of the wages or fuel or repairs, as the case may be.
In default of payment, by the farmer or the thresher, of the amount due, the farmer may be proceeded against for the amount by action in any court of competent jurisdiction; and in addition he may be proceeded against by the workman in respect of the wages due him under The Wages Recovery Act, which is declared to be applicable to any such proceedings.
Any payment by the farmer of any claim for wages or fuel or repairs shall, if they were properly due and owing at the time of payment, be credited by the thresher in reduction of his claim against the farmer.
No transfer of the ownership or right to possession of the threshing machine, or any assignment of the earnings thereof, or any attachment of the earnings by garnishing order, or any other claim of any kind or description, prevails against the claim of a workman or supplier of fuel or repairer; but the claim of a workman prevails over that of a supplier of fuel and over that of a repairer.
Unless a workman or supplier of fuel or repairer takes proceedings to enforce his claim against a farmer within 20 days after he has given the notice as aforesaid he shall be deemed to have abandoned the claim and ceases to have any claim against the farmer.
The thresher is not entitled to commence an action for the amount of his claim against the farmer within the period of 10 days mentioned in subsection (1), without first producing to the farmer evidence that there is no such unpaid claim for wages or fuel or repairs, or offering to deduct from his account the amount of any unpaid claim or claims.
No garnishing or attaching order issued out of any court, and no assignment of the earnings of the thresher, has any effect to bind those earnings in the hands of the farmer or to prevent him from paying them to the thresher, unless the amount of the earnings exceeds the total amount of the wages of the men employed by the thresher, whether paid or unpaid by him, and the cost of fuel used by the threshing outfit while it is engaged during the threshing season on the farmer's premises, and the costs of repairs to the threshing outfit made within 10 months prior to the commencement of the threshing, and then only to the extent of any excess: but this subsection does not protect any such earnings from being bound or attached by garnishing orders or actions to recover any unpaid wages of the men employed by the thresher in doing the work, or amounts due for the hire of teams and men engaged therein.
Where there is a dispute as to the amount payable for wages as aforesaid to any workman or workmen, or where the total amount of workmen's claims, notice of which has been so received by the farmer, exceeds the amount earned by the thresher, the amount claimed in the notice or notices up to the total sum earned by the thresher may be paid into the Court of Queen's Bench.
At the time of paying the money into court the person so paying in shall notify the Registrar of the name of the thresher and of the names of the workmen who have served him with notice under this Act, whereupon any of the workmen may sue out an interpleader summons in the form in the Schedule to determine, adjust, and finally settle, the rights of the several parties to the money so paid into court; and in the proceedings between the workman and the thresher the former shall be plaintiff and the latter defendant, and all proceedings under The Wages Recovery Act shall thereupon be stayed, and the costs of the proceedings both in the court and under The Wages Recovery Act are in the discretion of the judge.
Any number of the workmen may join in the interpleader proceedings; and, if there is not sufficient money in court to satisfy all their claims, the money shall be distributed pari passu according to their respective claims, subject to an order of the court as to costs.
Where there is a dispute between the farmer and the thresher as to the amount of grain threshed, or as to the price to be charged therefor, or where the farmer asserts any set-off or counterclaim against the thresher, the total amount claimed by the thresher may be paid by the farmer into the Court of Queen's Bench.
At the time of paying the money into court the person so paying in shall notify the clerk of the name of the thresher; whereupon there may be sued out an interpleader summons in the form in the Schedule, to determine, adjust, and finally settle, the rights of the farmer and the thresher to the money so paid into court, after taking into account any such set-off or counter-claim; and in the proceedings between the farmer and the thresher the former shall be the plaintiff and the latter the defendant, and all proceedings thereunder shall be according to the practice under The Queen's Bench Act.
In the event of the interpleader proceedings not being taken within 30 days after the money has been paid into court, the money shall, on praecipe, be paid out to the thresher or to whomsoever he may order or assign the money.
Every person owning or operating a threshing machine in the province shall, upon demand of any of the workmen assisting in operating the machine, at any time furnish to the workman forthwith a written statement of the length of time for which the workman is entitled, at the time of the demand, to be paid for his work and of the amount earned by him for his work up to that time; and the written statement shall be signed by the owner or operator or by his foreman or agent acting for him.
An owner or operator or his foreman or agent who refuses or neglects to furnish such a written statement on demand is guilty of an offence and is liable, on summary conviction, to a fine of $5. for every day during which the statement is withheld.
Any person who has a valid and subsisting lien or charge upon, or special property or interest in, any grain other than a lien created by this Act, upon furnishing evidence of his lien or charge, or special property or interest, to the person who has threshed the grain, is entitled to a statement setting forth the number of bushels of grain threshed, the kind of grain, and the price per bushel, or a statement showing the price per acre charged for threshing, or the rate per hour and the number of hours, or the rate per day and the number of days, for which payment is claimed in respect of the grain.
A thresher who refuses or neglects to give such a statement on demand is guilty of an offence and is liable, on summary conviction, to a fine of $5. for every day during which the default continues.
A copy of this Act, furnished by the Queen's Printer, shall be kept affixed to every threshing machine while being operated anywhere in the province.
The person in charge of operating the machine shall see that this section is observed, and every person who wilfully neglects that duty is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $10.; and any person who wilfully defaces or destroys the copy of this Act so affixed to the machine is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $10.
In the Court of Queen's Bench
To , defendant.
You are hereby summoned to appear at the sittings of this Court, to be held at on the day of , 19 , at ten o'clock in the forenoon, when the claim of yourself and the plaintiff to the money paid into Court by under The Threshers' Liens Act, will be adjudicated upon, and such order may thereupon be made as the Court may deem fit.
Dated the day of , 19 .
By the Court, Registrar.