Woodmen’s Lien Act, W-16

1 WOODMEN’S LIEN c W-16 The Woodmen’s Lien Act being Chapter W‑16 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979‑80, c 92; 1982‑83, c 16; 2004, c L‑16.1; 2018, c 42; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c W-16 WOODMEN’S LIEN Table of Contents 1 Short title 19 Notice of dispute 2 Interpretation 20 Payment into court 3 Contracts void where rights waived 21 Hearing 4 Nature of lien 22 Judge’s order 5 Lien to continue on statement being filed 23 Time and proceeds of sale 6 Contents of statement 24 Judgment and execution for balance 7 Statement filed 25 Discharge of liens 8 Mortgage or sale not to affect lien 26 Disposition of balance 9 Limitation for enforcement of lien 27 Dismissal for want of prosecution 10 Summary of disposal of cases 28 Adding parties 11 Commencement of proceedings to enforce lien 29 Judgment where lien not established 12 Issue of writ of attachment 30 Other remedies preserved 13 Second seizure 31 Joinder of lienholders 14 Service of writ 32 Suits at different centres 15 Service when defendant cannot be found 33 Certificate of local registrar 16 Admission to make defence where service not personal 34 Forms and procedure 17 No seizure in transit SCHEDULE 18 Possession restored Form A Statement of Claim of Lien Form B Certificate 3 WOODMEN’S LIEN c W-16 CHAPTER W-16 An Act respecting the Liens of Woodmen Short title 1 This Act may be cited as The Woodmen’s Lien Act. Interpretation 2 In this Act: (a) “court” means the Court of King’s Bench; (a.1) “judge” means a judge of the court; (b) “labour” includes cutting, skidding, felling, hauling, scaling, rossing, banking, driving, running, rafting or booming any logs or timber and any work done by cooks, blacksmiths, artisans and others usually employed in connection therewith; (b.1) “local registrar” means a local registrar of the Court of King’s Bench; (c) “logs or timber” includes logs, timber, telegraph poles, railway ties, pulpwood, shingle bolts, staves, fence posts and cordwood, or any of them. RSS 1978, c W‑16, s 2; 1979‑80, c 92, s 111; 2018, c 42, s 65; 2024, c 4, s 32. Contracts void where rights waived 3(1) Every agreement or bargain verbal or written, expressed or implied, made or entered into on the part of any workman, servant, labourer, mechanic or other person employed in any kind of manual labour that this Act shall not apply or that the remedies provided by it shall not be available for the benefit of any person entering into such agreement is hereby declared to be null and void as against such workman, servant, labourer, mechanic or other person. (2) This section does not apply to any manager, officer, foreman or other person whose wages are more than $3 a day exclusive of board and lodgings. RSS 1978, c W‑16, s 3. Nature of lien 4 Any person performing labour in connection with logs or timber shall have a lien thereon and on all lumber manufactured therefrom for the amount due for such labour; and the same shall be a first lien or charge on the logs or timber or lumber and shall have priority over all other claims or liens thereon except any lien or claim that the Crown has upon such logs or timber or lumber for or in respect of any dues or charges. RSS 1978, c W‑16, s 4. 4 c W-16 WOODMEN’S LIEN Lien to continue on statement being filed 5(1) The lien provided for in section 4 shall not continue to be a charge on the logs or timber or lumber after the time within which the statement of claim hereinafter provided for is required to be filed unless the statement, verified upon oath by the person claiming the lien or someone duly authorized on his behalf, is filed as hereinafter provided. (2) The statement shall be in writing and shall be filed in the office of the local registrar at the judicial centre nearest to which the labour or some part thereof has been performed: Provided that when such labour has been performed upon any logs or timber got out to be run down or that have been run down any of the rivers or streams within or partly within Saskatchewan such statement may at the option of the claimant be filed in the office of the local registrar at the judicial centre nearest to which the drive terminates or reaches its destination. RSS 1978, c W‑16, s 5; 1979‑80, c 92, s 111. Contents of statement 6 The statement (form A) shall set out briefly the nature of the debt, demand or claim, the amount due to the claimant as near as may be over and above any legal set‑off or counterclaim and a description of the logs or timber or lumber upon or against which the lien is claimed. RSS 1978, c W‑16, s 6. Statement filed 7 Notwithstanding The Limitations Act, if the labour or any part thereof is performed on or after the first day of October and before the first day of April next thereafter the statement of claim shall be filed on or before the thirtieth day of the said month of April; but if the labour or any part thereof is performed on or after the first day of April and before the first day of October in any year then such statement shall be filed within thirty days after the last day upon which the labour or some part thereof was performed. RSS 1978, c W‑16, s 7; 2004, c L‑16.1, s 88. Mortgage or sale not to affect lien 8 No mortgage, sale or transfer of the logs or timber or lumber upon which a lien is claimed under this Act made during the time limited for the filing of such statement of claim and previous to the filing thereof or after the filing thereof and during the time limited for enforcement thereof shall in any way effect the lien; but the lien shall remain and be in force against such logs or timber or lumber in whatsoever person’s possession the logs are, or the timber or lumber is found. RSS 1978, c W‑16, s 8. Limitation for enforcement of lien 9(1) Any person or persons having a lien upon or against logs or timber or lumber under this Act may enforce the lien in the manner hereinafter provided. (2) Proceedings may be commenced to enforce the lien, if the amount claimed is due, immediately after the statement of claim and affidavit have been filed in accordance with the foregoing provisions or, if credit has been given, immediately after the expiry of the period of credit. 5 WOODMEN’S LIEN c W-16 (3) The lien shall cease to be a lien on the property described in the statement of claim unless proceedings to enforce the lien are commenced within thirty days after the date upon which the statement of claim and affidavit were filed or within thirty days after the date upon which the period of credit expired. RSS 1978, c W‑16, s 9. Summary of disposal of cases 10(1) The judge may direct that proceedings taken to enforce a lien under this Act shall be disposed of summarily by him in chambers without waiting for the regular sittings of the court upon such terms as to notice and otherwise as the order provides. (2) The judge may also entertain in chambers an application to set aside an attachment or to release logs or timber or lumber seized and may summarily dispose of the application. RSS 1978, c W‑16, s 10. Commencement of proceedings to enforce lien 11(1) Proceedings to enforce the lien shall be taken in the court at the judicial centre at which the statement of claim and affidavit mentioned in section 5 are filed. (2) Proceedings shall be commenced by filing in the office of the local registrar a copy of the statement of claim and affidavit along with an affidavit made and sworn by the claimant verifying the amount of the claim and showing that the statement of claim has been filed as required by section 7, that the amount is justly due and owing to him and that payment thereof has been demanded but has not been received. RSS 1978, c W‑16, s 11; 1979‑80, c 92, s 111. Issue of writ of attachment 12 Upon the filing of the said documents the local registrar shall issue a writ of attachment directed to a sheriff commanding him to attach, seize, take and safely keep the logs or timber or lumber or a sufficient portion thereof to secure the sum mentioned in the writ and the costs of the proceedings to enforce the lien and to return the writ forthwith to the court, at the judicial centre at which it was issued. RSS 1978, c W‑16, s 12; 1979‑80, c 92, s 111. Second seizure 13 Where additional claims are made or the amount of claim is increased or a sufficient seizure has not been made a second or subsequent seizure may be made. RSS 1978, c W‑16, s 13. Service of writ 14(1) A copy of the writ of attachment shall be served upon the person liable for payment of the debt, hereinafter called the defendant; and if the defendant is not the owner of the logs or timber or lumber described in the writ of attachment a copy of the writ shall also be served upon the owner of the logs or timber or lumber or upon the agent or person in whose possession, custody or control for him they may be found; the owner may on his own application or by the direction of a judge be made a party defendant. (2) A copy of the statement of claim shall be attached to the copy of the writ of attachment and served with it. RSS 1965, c 280, s 14. 6 c W-16 WOODMEN’S LIEN Service when defendant cannot be found 15 If the defendant or owner cannot be found within the province or the owner cannot be ascertained and no agent or person is in possession for the owner the writ may be served in such manner as the judge by order directs. RSS 1965, c 280, s 15. Admission to make defence where service not personal 16 Where service upon the defendant or owner has not been personal the judge, notwithstanding that a defence has not been entered, may at any time before the close of the proceedings admit the defendant and the owner or either of them to make full defence upon such terms as he deems just. RSS 1965, c 280, s 16. No seizure in transit 17 No sheriff shall seize or detain logs or timber or lumber under this Act when in transit by water from the place where cut to the place of destination. RSS 1965, c 280, s 17. Possession restored 18 In case of an attachment, if the owner of the logs or timber or lumber or any person in his behalf executes and files with the local registrar at the judicial centre at which the attachment has issued a good and sufficient bond to the person claiming the lien executed by two sureties and conditioned for the payment of the claim and of all damages, costs, charges, disbursements and expenses which may be recovered by the claimant in the proceedings together with the amount for which any other lien is claimed in accordance with this Act, the judge may upon application without notice, if satisfied as to the sufficiency of the bond, issue an order to the sheriff having in charge the logs or timber or lumber directing their release; and upon service of the order upon the sheriff he shall release the logs or timber or lumber. RSS 1965, c 280, s 18; 1979‑80, c 92, s 111; 2018, c 42, s 65. Notice of dispute 19 Any person who has been served with a copy of the writ of attachment and who desires to dispute the claim shall within twenty days after the service enter in the court at the judicial centre at which proceedings are pending a notice that he or they dispute the claim upon the lien in whole or in part or file a statement of defence as the practice of the court requires. RSS 1965, c 280, s 19; 1979‑80, c 92, s 111. Payment into court 20(1) The defendant may at any time after service of the writ of attachment and before the sale of the logs or timber or lumber pay into court the amount for which the lien is claimed together with the amount for which any other lien is claimed and the costs of the proceedings to the date of such payment taxed by the local registrar if so required; and the person making the payment shall thereupon be entitled to a certificate vacating the lien or liens. 7 WOODMEN’S LIEN c W-16 (2) Upon the certificate being filed with the local registrar at the judicial centre at which the original statement or statements of claim was or were filed the lien or liens shall be vacated and all further proceedings thereon shall cease and the person making payment shall further be entitled to an order directing the delivery up of the logs or timber or lumber seized under the attachment or the cancellation of any bond given under section 18. RSS 1965, c 280, s 20; 1979‑80, c 92, s 111; 1982‑83, c 16, s 70. Hearing 21 After the expiration of the time hereinbefore named within which notice of dispute may be entered or statement of defence filed the judge shall in chambers as provided by section 10 or at the next sitting of the court, after due notice to all parties to the proceedings and to all persons claiming liens on the logs or timber or lumber and whose liens are filed in accordance with this Act or to their solicitors, hear all such parties and claimants and take all accounts necessary to determine the amounts, if any, due to them or any of other holders of liens who may be called by the judge to prove their liens and shall tax to them their costs and determine by whom they shall be payable and settle their priorities and generally determine all matters necessary for the adjustment of the rights of the several parties. RSS 1965, c 280, s 21. Judge’s order 22 At the conclusion of the inquiry the judge shall make his report and order which shall state his findings and direct payment into court of the amounts, if any, so found due and the costs within ten days thereafter, and in default of such payment that the logs or timber or lumber shall be sold by the sheriff for the satisfaction of the amounts found due to the several parties upon the inquiry and costs. RSS 1965, c 280, s 22. Time and proceeds of sale 23 In default of payment into court under section 22 within the time named therein the logs or timber or lumber shall within twenty days thereafter be sold by the sheriff holding the logs or timber or lumber in the manner and subject to the same provisions of law as goods and chattels seized or taken in execution unless the judge directs that additional publicity be given to the sale; and the amount realized by such sale shall, after deducting the expenses thereof payable to the sheriff, be paid into court and shall upon the application of the several parties found to be entitled thereto under the order of the judge be paid out to them by the local registrar: Provided that where the amount realized upon the sale is not sufficient to pay the claims in full and costs the judge shall apportion the amount realized pro rata among the different claimants. RSS 1965, c 280, s 23; 1982‑83, c 16, s 70. 8 c W-16 WOODMEN’S LIEN Judgment and execution for balance 24 If after the sale and distribution of the proceeds thereof any balance remains due to any person under the order of the judge judgment may be entered therefor against the person or persons by whom the claim was directed to be paid and execution may be issued thereupon as in the case of other judgments in the court. RSS 1965, c 280, s 24; 1979‑80, c 92, s 111. Discharge of liens 25 Where nothing is found due upon the several claims filed under this Act or upon the lien or liens in respect of which proceedings have been taken the judge may direct that the lien or liens be discharged and the logs or timber or lumber released or the security given therefor be delivered up and cancelled and shall also direct payment forthwith of any costs that are found due to the defendant or owner of the logs or timber or lumber. RSS 1965, c 280, s 25. Disposition of balance 26 Where more money is paid into court as the proceeds of the sale of logs or timber or lumber than is required to satisfy the liens that have been proved and the interest and costs the remaining moneys shall be paid over to the party entitled thereto unless the judge otherwise orders. RSS 1965, c 280, s 26. Dismissal for want of prosecution 27 A person affected by proceedings taken under this Act may apply to the judge to dismiss the proceedings for want of prosecution and the judge may upon the application make such order as to costs or otherwise as he deems just. RSS 1965 c 280 s 27. Adding parties 28 The judge may at any stage of the proceedings on the application of any party or as he sees fit order that any person who is deemed a necessary party to the proceedings be added as a party thereto or be served with any process or notice provided for by this Act; and the judge may make such order as to the costs of adding that person or as to service as he deems just. RSS 1965, c 280, s 28. Judgment where lien not established 29 Where proceedings are taken to enforce a lien but no lien is found to exist judgment may be directed for any amount found due as in an ordinary case. RSS 1965, c 280, s 29. 9 WOODMEN’S LIEN c W-16 Other remedies preserved 30 Nothing in this Act disentitles any person to any other remedy than that afforded by this Act for the recovery of any amount due in respect of labour or any part thereof performed upon or in connection with logs or timber. RSS 1965, c 280, s 30. Joinder of lienholders 31 Any number of lienholders may join in taking proceedings under this Act or may assign their claims to any one or more persons; but the statement of claim to be filed under section 5 shall include particular statements of the several claims of persons so joining and shall be verified by the affidavits of the persons so joining or separate statements of claim may be filed and verified as by this Act provided and one attachment issued on behalf of all the persons so joining. RSS 1965, c 280, s 31. Suits at different centres 32 Where proceedings are taken at more than one judicial centre respecting liens or claims upon the same logs or timber or lumber the proceedings after the issue of the first attachment shall be had at the judicial centre at which attachment first issued unless the judge otherwise orders. RSS 1965, c 280, s 32. Certificate of local registrar 33 Where no proceedings have been commenced to enforce a lien under this Act the local registrar shall, upon request, furnish a certificate in form B. RSS 1965, c 280, s 33; 1982‑83, c 16, s 70. Forms and procedure 34 The forms necessary to be used in proceedings under this Act, the costs to be taxed to any party therein and the procedure regulating practice shall be as nearly as may be according to the forms, tariff of costs and procedure in force in the court so far as they are not inconsistent with this Act. RSS 1965, c 280, s 34; 1979‑80, c 92, s 111. 10 c W-16 WOODMEN’S LIEN SCHEDULE FORM A [Section 6] STATEMENT OF CLAIM OF LIEN A.B., (name of claimant), of (here state residence of claimant), (if claim made as assignee then say as assignee of stating name and address of assignor) under The Woodmen’s Lien Act claims a lien upon certain logs or timber or lumber of (here state the name and residence, if known, of the owner of the logs or timber or lumber upon which the lien is claimed) composed of (state the kind of logs or timber or lumber such as spruce, tamarack or other logs, ties, poles, posts, etc., also where situated at the time of filing of statement), in respect of the following labour, that is to say (here give a short description of the labour for which the lien is claimed) which labour was performed for (here state the name and residence of the person upon whose credit the labour was performed) between the ____ day of ______________________, 19 _________________________, and the _ day of ______________________, 19 _____ , at _________per day (or month or quantity). The amount claimed as due (or to become due) is the sum of _______________________ (when credit has been given add: The said labour was performed on credit and the period of credit will expire on the _________________ day of ____________________, 19 __ ). ___________________________________ (Signature of Claimant) AFFIDAVIT TO BE ATTACHED TO STATEMENT OF CLAIM I, _______________________ , make oath and say that I have read (or have heard read) the foregoing statement of claim and I say that the facts set forth therein are to the best of my knowledge and belief true and the amount claimed to be due to me in respect of my lien is the just and true amount due and owing to me after giving credit for all sums of money, goods or merchandise to which the said (naming the debtor) is entitled to credit as against me. Sworn before me at __________________ in the Province of ___________________ this _____ day of ___________________, ___________________________________ (Signature of Claimant) 19 ______. ____________________________________ Commissioner for Oaths (or as the case may be) 11 WOODMEN’S LIEN c W-16 FORM B [Section 33] CERTIFICATE In the matter of the statement of claim of lien filed on the _____day of ____________ , 19 ____________,by (name of claimant) of (here state residence of claimant) under The Woodmen’s Lien Act, claiming a lien upon certain logs or timber or lumber of (here state name and residence of the owner of the logs or timber or lumber as set forth in the statement of claim of lien): I certify that no proceedings have been commenced in the Court of King’s Bench at the judicial centre of ______________________________________________________________ , for enforcement of the said lien. Dated at ___________________ in the Province of Saskatchewan, this __________ day of __________________________, 19 __________ . ___________________________________ Local Registrar of the Court of King’s Bench at the Judicial Centre of ____________________ 2018, c 42, s 65; 2024, c 4, s 32. 12 c W-16 WOODMEN’S LIEN REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024