The Threshers' Liens Act

The Threshers' Liens Act, C.C.S.M. c. T60 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Retention of grain to secure payment of charges 3 Quantity that may be retained 4 When retention to be ended 5 Advances to take priority over claim by thresher 6 Priority of retention 7 Assertion of right of retention 8 Sale of retained grain 9 Thresher to sell grain in 60 days 10 Liability of farmer for wages, fuel, and repairs 11 Proceedings where dispute as to amount of wages, or where claims exceed earnings 12 Claimants may join in proceedings 13 Interpleader between farmer and thresher 14 When lien abandoned, payment out of court 15 Time checks to be furnished to workers on demand 16 Person holding lien entitled to statement 17 Repealed Schedule HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "farmer" means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 ») "worker" means any employee, servant, or worker, engaged in the threshing operations and employed by or working for the thresher. (« travailleur ») Retention of grain to secure payment of charges 2 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. Quantity that may be retained 3 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. When retention to be ended 4 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. Advances to take priority over claim by thresher 5 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. Priority of retention 6 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. Assertion of right of retention 7(1) The right of retention shall be held to be asserted by the thresher when they declare their intention of holding the grain either orally or in writing, or does any act, or uses any language, indicating that they have taken or retained, or are about to take or retain, possession of it. Penalty for interfering with right when asserted 7(2) 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, the thresher from exercising the thresher's 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. Sale of retained grain 8(1) The thresher who asserts the right of retention may forthwith house or store the grain so retained in their 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 the thresher may sell the grain at a fair market price. Application of proceeds 8(2) 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 their assigns. Thresher to sell grain in 60 days 9(1) 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. Accounting for sale 9(2) 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. Liability of farmer for wages, fuel, and repairs 10(1) Every farmer is, to the extent of the amount earned by the thresher in the threshing of the farmer's grain, liable for the wages due to every worker for the time put in by the worker 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 worker 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. Remedies to collect amount due 10(2) 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 the farmer may be proceeded against by the worker in respect of the wages due to the worker under The Employment Standards Code , which is declared to be applicable to any such proceedings. Payments to be credited by thresher 10(3) 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 the thresher's claim against the farmer. Priority of claims for wages and repairs 10(4) 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 worker or supplier of fuel or repairer; but the claim of a worker prevails over that of a supplier of fuel and over that of a repairer. When proceedings to be taken 10(5) Unless a worker or supplier of fuel or repairer takes proceedings to enforce the claim against a farmer within 20 days after they have given the notice as aforesaid they shall be deemed to have abandoned the claim and ceases to have any claim against the farmer. When thresher may bring action 10(6) The thresher is not entitled to commence an action for the amount of their 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 the thresher's account the amount of any unpaid claim or claims. Wages protected from garnishing or attaching order 10(7) 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 the farmer from paying them to the thresher, unless the amount of the earnings exceeds the total amount of the wages of the workers employed by the thresher, whether paid or unpaid by the thresher, 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 workers employed by the thresher in doing the work, or amounts due for the hire of teams and workers engaged therein. S.M. 1998, c. 29, s. 162 . Proceedings where dispute as to amount of wages, or where claims exceed earnings 11(1) Where there is a dispute as to the amount payable for wages as aforesaid to any worker or workers, or where the total amount of workers' 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 King's Bench. Interpleader 11(2) 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 workers who have served the thresher with notice under this Act, whereupon any of the workers 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 worker and the thresher the former shall be plaintiff and the latter defendant, and all proceedings under The Employment Standards Code shall thereupon be stayed, and the costs of the proceedings both in the court and under The Employment Standards Code are in the discretion of the judge. S.M. 1998, c. 29, s. 162 . Claimants may join in proceedings 12 Any number of the workers 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. Interpleader between farmer and thresher 13(1) 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 counter-claim against the thresher, the total amount claimed by the thresher may be paid by the farmer into the Court of King's Bench. Interpleader 13(2) 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 Court of King's Bench Act . S.M. 2022, c. 52, s. 14 . When lien abandoned, payment out of court 14 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 the thresher may order or assign the money. Time checks to be furnished to workers on demand 15(1) Every person owning or operating a threshing machine in the province shall, upon demand of any of the workers assisting in operating the machine, at any time furnish to the worker forthwith a written statement of the length of time for which the worker is entitled, at the time of the demand, to be paid for their work and of the amount earned by them for their work up to that time; and the written statement shall be signed by the owner or operator or by their foreperson or agent acting for them. Penalty for refusing or neglecting to furnish same 15(2) An owner or operator or their foreperson 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. Person holding lien entitled to statement 16(1) 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 their 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. Penalty 16(2) 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. 17 [Repealed] S.M. 2018, c. 29, s. 39 . SCHEDULE (Sections 11, 13) INTERPLEADER SUMMONS No. In the Court of King's Bench Between ___________________________________ plaintiffs, And ___________________________________ defendant. To ___________________________________ , defendant.