CNLR 783/96 - Mechanics' Lien Forms Regulations under the Mechanics' Lien Act

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 783/96 Mechanics' Lien Forms Regulations under the Mechanics' Lien Act (O.C. 96?284) Under the authority of section 47 of the Mechanics' Lien Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations. REGULATIONS Analysis 1. Short title 2. Definition 3. Form of claim 4. Repeal Schedule A Short title 1. These regulations may be cited as the Mechanics' Lien Forms Regulations. 83/78 s1 Back to Top Definition 2. In these regulations "Act" means the Mechanics' Lien Act . 83/78 s2 Back to Top Form of claim 3. (1) Every claim for lien under subsection 17(1) of the Act shall be in Form 1, 2 or 3 set out in Schedule A. (2) Every affidavit verifying the lien required by subsection 17(2) of the Act shall be in Form 4 set out in Schedule A. (3) Every notice of trial served under subsection 36(2) of the Act shall be in Form 5 set out in Schedule A. (4) A judgment of the court shall be in Form 6 set out in Schedule A. 83/78 s5 Back to Top Repeal 4. The Mechanics' Lien (Fees and Forms) Regulations, 1974, Newfoundland Regulation 83/78, are repealed. Back to Top Schedule A FORM 1 MECHANICS' LIEN ACT Claim of Lien A.B., (name of claimant) of (state residence of claimant), (if so, as assignee of, stating name and residence of assignor), under the Mechanics' Lien Act, claims a lien upon the estate of (here state the name and residence of owner of the land upon which the lien is claimed) in the undermentioned land, in respect of the following work (or materials) that is to say, (here give a short description of the nature of the work done, or materials furnished, and for which the lien is claimed), which work (or service) (or is to be) done (or materials were furnished) for (here state the name and residence of the person upon whose credit the work is done or materials furnished) on or before the...... day of....... The amount claimed as due (or to become due) is the sum of $....... The following is the description of the land to be charged (here set out a concise description of the land to be charged sufficient for the purpose of registration: Dated at............, this............ day of............, 19..... (Signature of Claimant) FORM 2 MECHANICS' LIEN ACT Claim of Lien for Wages A.B., (name of claimant) of (here state residence of claimant), if so, as assignee of, stating name and residence of assignor), under the Mechanics' Lien Act, claims a lien upon the estate of (here state the name and residence of the owner of land upon which the lien is claimed), in the land, in respect of...... days' work performed while in the employment of (here state the name and residence of the person upon whose credit the work was done), on or before the............ day of............. The amount claimed as due is the sum of $............. The following if the description of land to be charged (here set out a concise description of the land to be charged sufficient for the purpose of registration). Dated at............, this............ day of............, 19.... (Signature of Claimant). FORM 3 MECHANICS' LIEN ACT Claim of Lien for Wages by Several Claimants The following persons, under the Mechanics' Lien Act, claim a lien upon the estate of (here state the name and residence of the owner of land upon which the lien is claimed) in the land, in respect of wages for labour performed while in the employment of (here state name and residences, or names and residences of employers of the several persons claiming the lien) - A.B., of (address for service), $........ for........ wages for work done on or before the........ day of........, 19... C.D., of (address for service), $........ for........ wages for work done on or before the........ day of........, 19... E.F., of (address for service), $........ for........ wages for work done on or before the........ day of........, 19... The following is a description of the land to be charged (here set out a concise description of the land to be charged sufficient for the purpose of registration). Dated at......, this...... day of......, 19.... (Signatures of Several Claimants) FORM 4 MECHANICS' LIEN ACT Affidavit Verifying Claim I, A.B., named in the above (or annexed) claim, swear (or affirm) that the claim is true (or, that the claim, so far as t relates to me, is true). Or, We, A.B. and C.D., named in the above (or annexed) claim, swear (or affirm) and each swears (or affirms) that the claim, so far as it relates to him or her, is true. (Where the affidavit is made by an 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. Sworn (or affirmed), etc. Or, A.B. and C.D. were severally sworn before me, etc. FORM 5 MECHANICS' LIEN ACT Notice of Trial (Style of Cause) TAKE NOTICE that, under the Order of.......... dated the.......... day of........... 19..., this action will be tried at the................... in............ on........ the......... day of......... 19... by.............. and at that time and place the.................. will proceed to try the action and all questions as provided by the Mechanics' Lien Act. AND FURTHER TAKE NOTICE that if you do not appear at the trial and defend the action or prove your claim, if any, the proceedings will be taken in your absence and you may be deprived of all benefit of the proceedings and your rights disposed of in your absence. AND FURTHER TAKE NOTICE that all parties and lien claimants shall bring with them on the day set for trial all mortgages, contracts, agreements, orders, cheques, notes, delivery slips, time books, books of account, diaries, duplicate original liens and other books or papers necessary to prove liens or defences. If a person fails to comply with these directions, the costs of the day may be given against him or her in the event that an adjournment is necessary for the production of documentary evidence. This is a mechanics' lien action brought by the plaintiffs against the defendants to enforce a mechanics' lien against the following lands: (set out description of lands). This notice is served by, etc. Dated this.......... day of.........., 19... To.............................................. FORM 6 MECHANICS' LIEN ACT Judgment (Style of Clause) This action coming on for trial before................ at.............. upon opening of the matter and it appearing that the following persons have been duly served with notice of trial (set out names of all persons served with notice of trial) and all those persons appearing at the trial (or and the following persons not having appeared set out names of non-appearing persons) and upon hearing the evidence adduced and what was alleged by counsel for the plaintiff and for C.D. and E.F. and the defendant (or and by A.B. appearing in person). 1. This court declares that the plaintiff and the several persons mentioned in Schedule 1 are respectively entitled to a lien under the Mechanics' Lien Act upon the land described in Schedule 2 for the amounts set opposite their respective names in the second, third and fourth columns of Schedule 1, and the persons primarily liable for the claims respectively are set forth in the fifth column of Schedule 1. 2. And this court further declares that the several persons mentioned in Schedule 3 are also entitled to some lien charge or encumbrance upon the land for the amounts set opposite their respective names in the fourth column of Schedule 3 according to the facts). 3. And this court further orders and adjudges that upon the defendant (A.B., the owner) paying into court to the credit of this action the sum of $.............. (gross amount of liens in Schedule 1 for which the owner is liable) on or before the.......... day of.........., next, that the liens mentioned in Schedule 1 be and are discharged and the money so paid into court is to be paid out in payment of the claims of the lienholders. 4. In case the defendant (owner) defaults in payment of the money into court this court orders and adjudges that the land be sold with the approbation of this court at.............. and that the purchase money be paid into court to the credit of this action. 5. And the court orders and adjudges that the purchase money be applied in or towards payment of the several claims mentioned in Schedule(s) 1 (and 3) as the court shall direct, with subsequent interest and subsequent costs to be computed and taxed by the court. 6. And this court further orders and adjudges that in case the purchase money is insufficient to pay in full the claims of the several persons mentioned in Schedule 1, the persons primarily liable for the claim as shown in Schedule 1 pay to the persons to whom they are respectively primarily liable the amount remaining due to those persons immediately after they have been ascertained by the court. 7. And this court declares that................... have not proved a lien under the Mechanics' Lien Act, and that they are not entitled to a lien, and this court orders and adjudges that the claims of liens registered by them against the land mentioned in Schedule 2 be discharged, according to the fact. Back to Top Schedule 1 Column 1 Column 2 Column 3 Column 4 Column 5 Names of lien- holders entitled to mechanics' liens Amount of debt and interest Costs Total Names of primary debtors ........................................... (Signature of Officer) Back to Top Schedule 2 The lands in question in this matter are ............................................................................................... (Set out a description sufficient for registration purposes) .................................................. (Signature of Officer) Back to Top Schedule 3 Column 1 Column 2 Column 3 Column 4 Names of persons entitled to encumbrances other than mechanics' liens Amount of debt and interest Costs Total ........................................... (Signature of Officer) 83/78 Sch ©Earl G. Tucker, Queen's Printer