Acts and Regulations

L-6 - Liens on Goods and Chattels Act

Full text
Repealed on 10 February 2015
CHAPTER L-6
Liens on Goods and Chattels Act
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act
“articles” includes watches, jewellery and all other articles that are usually mended or repaired by a jeweller;(articles)
“jeweller” includes watchmaker;(bijoutier)
“judge” means a judge of The Court of Queen’s Bench of New Brunswick.(juge)
R.S., c.131, s.1; 1979, c.41, s.74
Creation of lien
2A person who at the request of the owner expends money, labour or skill upon a chattel, or furnishes materials for the alteration or repair of a chattel, has a particular lien on the chattel for the amount of the money expended, materials furnished and his proper charges for such labour or skill.
R.S., c.131, s.2
Sale of chattels left with jeweller
3(1)Articles deposited with a jeweller to be mended or repaired, if not called for within two years after being so deposited, may, where no agreement is made to the contrary be sold at public auction by the jeweller upon four weeks public notice of the time and place of sale.
Publication of notice of sale
3(2)The place of sale shall be in the parish, city, town or village where the jeweller does business, and the notice shall be posted in three or more public places in such parish, city, town or village and published in two consecutive issues of a newspaper having general circulation in the county, and once in The Royal Gazette.
Contents of notice
3(3)The notice shall state the amount of the charges, the name of the person who deposited the articles, if known, the date when they were deposited, and in case of a watch the name of the maker and the number of the watch.
R.S., c.131, s.3; 1983, c.7, s.10; 1987, c.6, s.54
Lien of wharfinger
4A wharfinger has a particular lien for his lawful charges, on the goods entrusted to his keeping.
R.S., c.131, s.4
Lien of gratuitous bailee
5(1)A gratuitous bailee of goods has a particular lien on the goods for his reasonable charges for caring for them after the expiration of the time mentioned in a notice given by him to the bailor to take possession of the goods.
5(2)A judge may dispense with such notice if the bailor’s address or whereabouts is unknown.
R.S., c.131, s.5
Possession essential to lien
6Actual, or constructive, and continued possession of the property is essential to the existence of the lien.
R.S., c.131, s.6
Waiver of lien
7The right to a lien under this Act may be waived by an agreement in writing based on lawful consideration, and made between the parties at or after the time the contract out of which the lien arises is made.
R.S., c.131, s.7
Detention of property
8(1)A person entitled to a lien on property under this Act may detain the property in his possession until the amount of his lien is paid, together with lawful storage charges for the period the property is so detained.
Sale of perishable goods
8(2)Where a bailee has in his possession perishable goods that may deteriorate or be destroyed by detention, he may forthwith apply to a judge for leave to sell the goods, and the judge may give directions for the sale or may make such order as he deems just.
R.S., c.131, s.8
Application for order for sale of goods
9(1)If the amount of the lien and storages charges, if any, are unpaid at the expiration of six months from the time when the same are due, or if the goods are not taken by the bailor within the period fixed by the contract, if any, or at or before the expiration of the time specified in the notice referred to in section 5, the lienholder may give notice to the debtor by registered post or personal service, specifying a reasonable time and place for payment, the amount owing and the property detained, and stating that in default of payment an application will be made to a judge at the time and place to be mentioned therein for leave to sell such goods.
9(2)The time fixed for the application shall be not less than thirty days from the date of the mailing or service of the notice.
9(3)On the hearing of the application the judge may make such order as he deems just.
9(4)Unless the judge otherwise directs, it is not necessary to take out an order for sale, but the judge may note informal directions for the sale on the notice or on any affidavit that may be used.
9(5)If a dispute arises as to the amount due, or if the bailor does not appear, the judge may fix the amount due in a summary way or he may direct an action to be brought.
9(6)In all cases the costs of proceedings are in the discretion of the judge and taxed by him with or without notice.
9(7)In the event of costs being ordered against an unsuccessful applicant, the person awarded such costs has a right of action against the applicant for the amount thereof.
R.S., c.131, s.9; 1957, c.45, s.1; 1987, c.6, s.54
Disposition of proceeds of sale
10(1)The proceeds of the sale shall be applied, first in payment of the costs of the proceedings and the expenses of the sale, and then in payment of the lienholder’s debt, and the balance, if any, shall be paid to the person entitled thereto, on application being made by him therefor.
10(2)If the application is not made within thirty days, the person conducting the sale shall immediately pay the same to the Minister of Finance to be kept by him for the owner and if no claim thereto is made by the owner within a year the amount forms part of the revenue of the Province.
10(3)When remitting to the Minister of Finance, the person who conducted the sale shall file with the Minister of Finance a copy of the advertisement under which the sale was made and a detailed statement of the articles sold and prices obtained and of the application of the proceeds of the sale.
10(4)The Minister of Finance may receive applications for the payment of the balance, verified by such affidavits as he may require, on behalf of mortgagees of the goods or of creditors of the owner and may make orders for the payment of all or portions of the money to such mortgagees or creditors, or may refer the matter to a judge.
10(5)The judge may direct interpleader proceedings to be taken when there is more than one claimant, or on the production of such evidence as he may deem necessary, make such order as he deems just.
10(6)All such orders shall provide that creditors and mortgagees, if any, be paid according to their respective priorities.
10(7)In the event of a sale proving abortive by reason of there being no purchaser of the property, or in the event of the proceeds of sale being insufficient to pay the costs of proceedings, the expenses of sale and the debt of the lienholder, such lienholder has a right of action against the owner for the amount of such costs, expenses and debt, or the balances thereof remaining unpaid.
R.S., c.131, s.10; O.C.67-164
Offence respecting payment of sale surplus
11A person who refuses or neglects to pay over the surplus of the sale on demand to the owner, or failing any such demand to pay the surplus over to the Minister of Finance, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
R.S., c.131, s.11; O.C.67-164; 1990, c.61, s.71
Application of Act
12This Act applies to liens only where there is no provision in any other Act for sale or for determining the rights of the owner and the bailee.
R.S., c.131, s.12
Law respecting general liens
13Nothing herein affects the law respecting general liens.
R.S., c.131, s.13
N.B. This Act is consolidated to February 9, 2015.