Payment into court, order vacating lien
51(1)A judge may at any time receive security for, or payment into court of, the amount claimed in a filed claim of lien together with such costs as the judge may fix; and the judge may thereupon order the filing of the claim of lien be vacated.
51(2)A judge may order vacated the filing of a claim of lien upon any other proper ground.
51(3)Money paid into court or any security given in an action,
(a)
takes the place of the land against which the claim of lien was filed, and
(b)
subject to subsection (4), and notwithstanding that no certificate has been filed as required by section 27 is subject to the claim of every person who has filed a lien and, before the time limited by section 27 has expired, has commenced an action,
to the same extent as if the money had been realized by a sale of the property in an action to enforce the lien.
51(4)The amount found by the judge to be owing to the person, the filing of whose claim of lien has been vacated under this section, is a first charge upon the money or security so paid in or given.
51(5)Where a judge orders a filing of a claim of lien to be vacated, the order shall forthwith be filed by the owner in the proper registry office.
R.S., c.142, s.50; 1965, c.27, s.1, 2