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the same with soap and hot water and immediately afterwards thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one half drachm to one gallon of water; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than $10 and to a fine of not more than $25 for every subsequent offence. C.O., c. 57, s. 8.

CHAPTER 58.

An Ordinance respecting Auctioneers, Hawkers
and Pedlers.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

"Hawker

1. In this Ordinance the expression "hawker" or "pedler" Interpretation means and includes any person who (being a principal or any "Pedler" agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterward delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean nor include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. C.O., c. 58, s. 1.

pursue certain

2. No person shall follow the calling or pursue the business License to of an auctioneer, hawker or pedler within the Territories with- callings out having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Council may authorize. C.O., c. 58, s. 2.

license

3. Every applicant for a hawker's or pedler's license shall Application for as part of his application for such license furnish a statement in writing containing a full description of the goods, wares and merchandise which he proposes to sell or offer for sale under such license. C.O., c. 58, s. 3.

4. On every application for a license under this Ordinance Fees payable there shall be paid:

(a) For a hawker's or pedler's license the sum of $25;

(b) For an auctioneer's license, on first application there-
for, the sum of $10 and on every subsequent con-
secutive application the sum of $5. C.O., c. 58, s. 4.

limited

5. No hawker or pedler shall sell or offer for sale any goods, Hawker's sales wares or merchandise other than those set forth in his application for license. C.O., c. 58, s. 5.

6. Every license issued under this Ordinance shall expire on Duration of the thirty-first day of December of the year in which it is issued. license C.O., c. 58, s. 6.

Penalty

Municipalities

excepted

7. Any person violating the provisions of this Ordinance shall be liable, on summary conviction thereof, to a fine not exceeding $100 and costs of prosecution. C.O., c. 58, s. 7.

8. The provisions of this Ordinance shall not apply within a municipality nor shall any license be issued under the provisions hereof in any such municipality. C.O., c. 58, s. 8.

CHAPTER 59.

An Ordinance respecting Liens in favour of Mechanics

and others.

THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts. as follows:

SHORT TITLE.

1. This Ordinance may be cited as "The Mechanics' Lien Short title Ordinance." C.O., c. 59, s. 1.

INTERPRETATION.

2. In this Ordinance

Interpretation

1. The expression "contractor" means a person contracting Contractor with or employed directly by the owner for the doing of work or placing or furnishing of machinery or materials for any of the purposes mentioned in this Ordinance;

2. The expression "subcontractor" means a person not con- Subcontractor tracting with or employed directly by the owner for the purposes aforesaid but contracting with or employed by the contractor or under him by another subcontractor:

3. The expression "owner" shall extend to and include a Owner person having any estate or interest in the lands upon or in respect of which the work is done or materials or machinery are placed or furnished at whose request and upon whose credit or on whose behalf or consent or for whose direct benefit any such work is done or materials or machinery placed or furnished, and all persons claiming under him whose rights are acquired after the work in respect of which the lien is claimed is commenced or the materials or machinery furnished have been commenced to be furnished.

[4. The expression "labourer" shall extend to and include Labourer every mechanic, artisan, machinist, miner, builder, or other person doing labour for wages.] C.O., c. 59, s. 2; 1903, 2nd session, c. 18, s. 1.

LIEN FOR WORK ON MATERIALS.

to liens

3. No agreement shall be held to deprive any one otherwise Agreement as entitled to a lien under this Ordinance and not a party to the' agreement of the benefit of the lien but the lien shall attach notwithstanding such agreement. C.O., c. 59, s. 3.

Third party's rights

4. Unless he signs an express agreement to the contrary, Nature of lion every mechanic, machinist, builder, miner, labourer, contrac

Property upon which lien shall attach

Where estate charged is leasehold

Prior mortgage

Claim for wages

Owner to retain 10

ot

tor, or other person doing work upon or furnishing materials to be used in the construction, alteration or repair of any building or erection, or erecting, furnishing or placing machinery of any kind in, upon or in connection with any building erection or mine, shall, by virtue of being so employed or furnishing, have a lien for the price of the work, machinery or materials, upon the building, erection or mine, and the lands occupied thereby or enjoyed therewith, limited in amount to the sum justly due to the person entitled to the lien. C.O., c. 59, s. 4.

5. The lien shall attach upon the estate and interest of the owner, as defined by this Ordinance, in the building, erection or mine, in respect of which the work is done or the materials or machinery placed or furnished and the land occupied thereby or enjoyed therewith.

(2) In cases where the estate or interest charged by the lien is leasehold the land itself may also with the consent of the owner thereof be subject to said lien provided such consent is testified by the signature of such owner upon the claim of lien at the time of the registering thereof and duly verified.

(3) In case the land upon or in respect of which any work as aforesaid is executed or labour performed or upon which materials or machinery are placed is encumbered by a prior mortgage or other charge and the selling value of the land is increased by the construction, alteration or materials or machinery, the lien under this Ordinance shall be entitled to rank upon the increased value in priority to the mortgage or other charge. C.O., c. 59, s. 5.

6. Without prejudice to any lien which he may have under the preceding sections every mechanic, labourer, or other person who performs labour for wages upon the construction, alteration or repairs of any building or erection or in erecting or placing machinery of any kind in, upon or in connection with any building, erection or mine shall to the extent of the interest of the owner have upon the building, erection or mine and the land occupied thereby or enjoyed therewith a lien for such wages, not exceeding the wages of thirty days or a balance equal to his wages for thirty days.

(2) The lien for wages given by this section shall attach when the labour is in respect of a building, erection or mine on property belonging to the wife of the person at whose instance the work is done, upon the estate or interest of the wife in such property as well as upon that of her husband. C.O., c. 59, s. 6.

7. In all cases the owner shall in the absence of a stipulacontract price tion to the contrary be entitled to retain for a period of thirty days after the completion of the contract ten per centum of the price to be paid to the contractor. C.O., c. 59, s. 7.

for 30 days

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