The Garage Keepers Act

Transcription

1 The Garage Keepers Act being Chapter 298 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). 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 Table of Contents SHORT TITLE 1 Short title PART I GARAGE KEEPERS 2 Interpretation 3 Garage keeper s lien 4 Registration of claim of lien and effect thereof 5 Priorities 6 Enforcement of lien by seizure 7 Enforcement of lien on delivery of motor vehicle to garage keeper 8 Power of sale at public auction 9 Notice of sale 10 Application of proceeds 11 Operation of vehicles prohibited 12 Act to be kept posted up PART II BATTERY SERVICE STATIONS 13 Interpretation 14 Rental storage battery to be marked 15 Identification mark not to be removed 16 Proprietor to have his own storage batteries only 17 Storage battery to be retained not more than 14 days 18 Information may be laid when storage battery not returned 19 Court may order return of storage battery to owner and payment of certain charges 20 Penalty SCHEDULE

3 CHAPTER 298 An Act respecting Garage Keepers and Proprietors of Battery Service Stations SHORT TITLE Short title 1 This Act may be cited as The Garage Keepers Act. 1931, c.63, s.1; R.S.S. 1940, c.298, s.1. PART I GARAGE KEEPERS Interpretation 2 In this Part, unless the context otherwise requires, the expression: Garage 1. Garage means any building or part of a building within or in connection with which service is rendered upon a motor vehicle in the ordinary course of business; Garage keeper 2. Garage keeper means any person, firm or corporation who or which renders service upon a motor vehicle in a garage for or at a charge, price or consideration in the ordinary course of business, and as the principal employment or one of the principal employments of such person, firm or corporation; Motor vehicle 3. Motor vehicle means every vehicle propelled by any power other than muscular power except aeroplanes and motor vehicles which run only on tracks or rails; Service 4. Service means bona fide repairs to a motor vehicle by labour or by supplying parts thereof or accessories thereto. 1940, c.99, s.2; R.S.S. 1940, c.298, s.2. Garage keeper s lien 3(1) In addition to every other remedy which a garage keeper has for recovery of money owing to him for services, he shall have a lien upon every motor vehicle and upon any part, accessory or equipment pertaining thereto for services, to an amount not exceeding the charge, price or consideration therefor. (2) Actual and continued possession of the motor vehicle or part, accessory or equipment is essential to the existence of the lien. (3) Section 44 of The Mechanics Lien Act shall not apply to a lienholder under this Act. 1940, c.99, s.2; R.S.S. 1940, c.298, s.3.

4 4 Registration of claim of lien and effect thereof 4(1) In lieu of remaining in actual and continued possession under subsection (2) of section 3 a garage keeper by himself or through his authorized agent may file: (a) a claim of lien (form A) and an affidavit (form B) made by the claimant or his agent, verifying the claim, in the office of the registration clerk for chattel mortgages in the registration district of Regina; and (b) a true copy of the claim and affidavit in the office of the registration clerk for chattel mortgages in the registration district in which the services were performed if that is a district other than the registration district of Regina. (2) If a claim is so filed within fifteen days after the date upon which the services were completed, the garage keeper shall have a lien on the motor vehicle for a period of one hundred and eighty days from the date of filing, and on the expiration of that period the lien shall determine unless within that period proceedings had been commenced under this Act to enforce the lien. (3) If the charge, price or consideration for repairs required to a motor vehicle and for supplying parts therefor and accessories thereto, or for any of them, will exceed the sum of $100 and the vendor of the motor vehicle or his assignee has a lien thereon for all or part of the purchase price, the garage keeper shall not proceed with such repairs or supply such parts or accessories until he has received the written authority of the vendor or his assignee to do so, and if the garage keeper proceeds without such authority the lien of the vendor or his assignee shall have priority over any lien filed by or on behalf of the garage keeper under this section. 1940, c.99, s.2; R.S.S. 1940, c.298, s.4. Priorities 5(1) A lien under this Act shall be postponed to any interest in or charge, lien or incumbrance on the motor vehicle which is created or arises in good faith and without express notice of the first mentioned lien, at any time during which the motor vehicle is out of the possession of the person entitled to the lien under this Act, and before the filing of the lien pursuant to section 4. (2) If at any one time more persons than one have a lien under this Act upon the same motor vehicle, the person whose claim of lien is filed earlier in time shall have a prior lien over that of a person whose claim of lien is filed later in time; and if one of such persons causes a seizure to he made of the motor vehicle, he shall be deemed to have made the seizure on behalf of all persons who have a lien upon the motor vehicle which is subsisting at the time of the seizure. 1940, c.99, s.2; R.S.S. 1940, c.298, s.5. Enforcement of lien by seizure 6(1) At any time during the continuance of the lien created by section 4 the garage keeper may issue a warrant addressed to the sheriff or deputy sheriff for the judicial district in which the car is for the time being, directing the person to whom the warrant is addressed to seize the motor vehicle within one hundred and eighty days from the date on which the lien was filed, and return the vehicle to the garage keeper; and in such case the person to whom the warrant is addressed shall seize the vehicle if found in such judicial district within the said one hundred and eighty days and shall deliver the same to the garage keeper or his agent at the place at which the same is kept under seizure in the judicial district, upon receipt of the amount of the fees payable in respect of the warrant and seizure.

5 5 (2) The Lieutenant Governor in Council may from time to time prescribe a tariff of the fees which may be charged in respect of any warrant and any seizure thereunder or any matter or thing incidental thereto. 1940, c.99, s.2; R.S.S. 1940, c.298, s.6. Enforcement of lien on delivery of motor vehicle to garage keeper 7 Upon delivery to him of the motor vehicle so seized the garage keeper shall have the same rights and remedies for enforcing his lien against the motor vehicle as if he then had a possessory lien for the same amount as the amount of the lien which he has pursuant to this Act, and may enforce the lien in the manner hereinafter mentioned. 1940, c.99, s.2; R.S.S. 1940, c.298, s.7. Power of sale at public auction 8 If the amount payable to the garage keeper for services on the motor vehicle has not been paid: (a) upon the expiration of one hundred and eighty days from the date upon which the services were completed in case the garage keeper retains possession of the motor vehicle; or (b) upon the expiration of the period mentioned in subsection (2) of section 4, or on the expiration of sixty days from the date of delivery of the motor vehicle to the garage keeper under section 7, whichever is later; the garage keeper may sell the motor vehicle or any part thereof at public auction. 1940, c.99, s.2; R.S.S. 1940, c.298, s.8. Notice of sale 9 Before a sale is held a garage keeper shall insert in The Saskatchewan Gazette and in a newspaper circulating in the locality in which the services were performed, and shall post and keep posted during a period of at least two weeks, on the outside of a front door of his garage, a notice of such intended sale, stating: (a) the name so far as known of the owner of the motor vehicle to be sold; (b) a general description of the vehicle, including its engine number and serial number; (c) the time and place of sale; and (d) the name of the person who is to act as auctioneer. 1940, c.99, s.2; R.S.S. 1940, c.298, s.9. Application of proceeds 10(1) The proceeds of the sale shall be applied in payment of: (a) the costs of seizure of the vehicle; (b) the costs of advertising the sale, the auctioneer s fee and other reasonable costs of the sale; (c) the claim of a prior lienholder, if any, under subsection (3) of section 4;

6 6 (d) the claim of any person under subsection (1) of section 5 or any prior lienholder under subsection (2) of section 5; (e) the amount payable to the garage keeper for services; (f) the claim of any other lienholder; and the surplus, if any, shall on application be paid to the person entitled thereto. (2) If such person does not apply for the same within one month from the day of sale, the surplus shall be handed over to the Provincial Treasurer to be kept by him in a special trust account for one year, after which, if such person does not claim it, the surplus shall be paid into and belong to the consolidated fund. 1940, c.99, s.2; R.S.S. 1940, c.298, s.10. Operation of vehicles prohibited 11(1) No garage keeper shall operate, or permit to be operated, outside his premises, any motor vehicle, or use, or permit to be used, any part of a motor vehicle, left with him for service or held by him; but nothing contained in this section shall apply to the operation of a motor vehicle for the sole purpose of testing it either before or after making repairs thereto or supplying parts therefor or of transferring it to the place at which it is to be sold pursuant to this Act. (2) A garage keeper who violates subsection (1) shall be guilty of an offence and liable on summary conviction to a fine of not less than $25 nor more than $ , c.99, s 2; R.S.S. 1940, c.298, s.11. Act to be kept posted up 12 Every garage keeper shall keep a copy of this Act conspicuously posted in the office and in at least two other conspicuous places in the garage, and unless he complies with this section he shall not be entitled to the benefits of this Act. 1940, c.99, s.2; R.S.S. 1940, c.298, s.12. PART II BATTERY SERVICE STATIONS Interpretation 13 In this Part, unless the context otherwise requires, the expression: Battery service station 1. Battery service station means a building or part of a building within or in connection with which service is rendered in the ordinary course of business upon a storage battery by recharging it or by making repairs thereto or supplying parts therefor; Person 2. Person means an individual, a partnership or corporation;

7 7 Proprietor 3. Proprietor means the proprietor or owner of a battery service station; Storage battery 4. Storage battery includes any electrical storage battery, generator, electrical motor distributor and the necessary wires, wiring or parts thereof. 1931, c.63, s.10; R.S.S. 1940, c.298, s.13. Rental storage battery to be marked 14 Every proprietor who supplies a storage battery to a person under an agreement for hire shall print, paint, stamp or emboss thereon the word rental or securely attach thereto a tag or disk with the word rental printed, painted, stamped or embossed thereon, together with such other name or mark as is sufficient to identify the battery as the property of such proprietor. 1931, c.63, s.11; R.S.S. 1940, c.298, s.14. Identification mark not to be removed 15 No person shall remove, deface, alter or destroy, or cause to be removed, defaced, altered or destroyed, the word rental or any such tag or disk or any identification name or mark printed, painted, stamped, embossed on or attached to a storage battery except a storage battery of which he is the owner. 1931, c.63, s.12; R.S.S. 1940, c.298, s.15. Proprietor to have his own storage batteries only 16 Except as herein provided, no proprietor shall receive or retain in his possession a rental storage battery of which he is not the owner; provided that in cases of emergency he may receive and retain a rental storage battery if within two days from the receipt thereof he notifies the proprietor whose name or mark is printed, painted, stamped, or embossed thereon or on a tag or disk attached thereto of the receipt of such rental storage battery. 1931, c.63, s.13; R.S.S. 1940, c.298, s.16. Storage battery to be retained not more than 14 days 17 No person shall retain in his possession for a longer period than fourteen days, without the written consent of the owner, a storage battery upon which the word rental is printed, painted, stamped or embossed thereon or to which is attached a tag or disk with the word rental printed, painted, stamped or embossed thereon. 1931, c.63, s.14; R.S.S. 1940, c.298, s.17.

8 8 Information may be laid when storage battery not returned 18 If a person retains in his possession for a period longer than fourteen days a rental storage battery of which he is not the owner and after notice by registered letter mailed to him at his last known address fails, within eight days from the date of mailing of such notice, to return the battery forthwith to the owner thereof, the owner may lay an information under oath before a justice of the peace or police magistrate, who shall thereupon issue his summons directed to the person failing to return the battery calling upon him to appear at a time and place named in the summons to show cause why the battery has not been returned to the owner. 1931, c.63, s.15; R.S.S. 1940, c.298, s.18. Court may order return of storage battery to owner and payment of certain charges 19(1) If the justice of the peace or police magistrate finds that the owner is entitled to the return of the storage battery he shall make an order for its return to the owner forthwith, or, if the battery cannot be returned or if it has been damaged, then he shall order such person to pay to the owner the value of the battery or compensate him for the damage caused to it, and in addition may order such person to forthwith pay to the owner the rental, if any, owing to him for the use of the battery and the amount of the charges of the owner for recharging or repairing or supplying parts for the battery after its return to him. (2) If a person fails to carry out an order made by a magistrate or justice, under subsection (1), he may, on the order of such magistrate or justice, be imprisoned for a term not exceeding ten days. 1931, c.63, s.16; R.S.S. 1940, c.298, s.19. Penalty 20 Every person who violates any of the provisions of section 15, 16 or 17 shall be guilty of an offence and liable on summary conviction to a fine not exceeding $20 for each such offence and, in default of payment, to imprisonment for a term not exceeding ten days. 1931, c.63, s.17; R.S.S. 1940, c.298, s.20.

9 9 SCHEDULE FORM A (Section 4) CLAIM OF LIEN (Name of claimant) of (address of claimant) carrying on the business of a garage keeper at (give address) pursuant to The Garage Keepers Act, claims a lien upon a certain vehicle (set out the licence number, if any, of the vehicle and the make, style, year and model thereof and the serial number of the vehicle and its engine) in respect of (insert particulars of the services rendered) for (state name and address) and which were completed on (state date of completion of services). The amount for which the lien is claimed is the sum of $. The address for service of the claimant is. Dated at this day of 19. FORM B (Section 4) AFFIDAVIT VERIFYING CLAIM... (Signature of the claimant or his authorized agent) I, (name of person by whom the claim of lien is signed) make oath and say that the statements set out in the above (or annexed) claim are true and that I have full knowledge of such facts. Sworn before me at in the Province of Saskatchewan this day of, Commissioner for Oaths (or as the case may be).

10 Regina, Saskatchewan Printed by the authority of THE QUEEN S PRINTER