called the Court) shall hold the same in open Court in such manner and under such conditions as the Court may think most effectual for ascertaining the causes and circumstances of the accident, and enabling the Court to make the report in this section mentioned.

(3) The Court shall have for the purpose of the investigation all the powers of a Court of summary jurisdiction when acting as a Court in the exercise of its ordinary jurisdiction, and in addition the following powers, namely:

(a) Power to enter and inspect, or to authorize any person to enter and inspect, any place or building, the entry or inspection whereof appears to the Court requisite for the said

purpose;

(b) Power, by summons signed by the Court, to require the attendance of all such persons as it thinks fit to call before it and examine for the said purpose, and for that purpose to require answers or returns to such enquiries as it thinks fit to make;

(c) Power to require the production of all books, papers and documents, which it considers important for the said purpose;

(d) Power to administer an oath and to require any person examined to sign a declaration of the truth of the statements made by him in his examination.

(4) Every person attending as a witness before the Court and not being the employer of the person killed or injured, or in the employment of that employer, shall be allowed such expenses as would be allowed to a witness attending before a Court of record, and in case of dispute as to the amount to be allowed, the same shall be referred by the Court to a master of the Supreme Court, who on request signed by the Court shall ascertain and certify the proper amount of the

expenses.

(5) The Court holding an investigation under this section shall make a report to the Minister of Justice stating the causes of the accident and its circumstances, and adding any observations which the Court thinks it right to make, and the Minister of

Justice may cause any such report to be made public in such manner as the Minister of Justice thinks fit.

(6) The Court may order any costs and expenses incurred in and about an investigation under this section (including any remuneration payable to any person appointed to hold the investigation or to act as assessor) to be paid by any person summoned before it, if it finds that the accident was due to the act or default or negligence of that person; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by any Court of summary jurisdiction as if the costs and expenses were a penalty imposed by the Court.

(7) If any person without reasonable excuse (proof whereof shall lie on him) either fails, after having had the expenses, if any, to which he is entitled, to comply with any summons or requisition of a Court holding an investigation under this section, or prevents or impedes the Court in the execution of its duty, he shall for every such offence be liable on summary conviction to a fine not exceeding fifty dollars, and in case of a failure to comply with a requisition for making any return or producing any document shall be liable, on summary conviction, to a fine not exceeding fifty dollars for every day that such failure continues.

4. This Chapter shall apply in the case of accidents occurring to persons employed by a department of the Government, and in such cases the notice to be given by an employer shall be given by the person in charge of the work.

of

5. The provisions of this Chapter are in addition to the provisions Chapter of these Consolidated Statutes respecting railways, whereby investigations or inquiries into accidents may be authorized or ordered.

any

SCHEDULE.

1. Construction, use, working or repair of any railway, tramway, gasworks, electric works, canal, bridge, tunnel, harbor, dock, port, pier, quay, lumber or pulp mill, factory or mine, or other work whether authorized by any Act of the Legislature or not.

2.

Construction

or repair by means of a scaffolding of any building

which exceeds thirty feet in height, or use or working of any such build

ing in which more than twenty persons, not being domestic servants, are employed for wages.

3. Use or working of any traction or other engine worked in the open air.

1. This Chapter may be cited as "The Mechanics' Lien Act."

2. Where the following words occur in this Chapter, or in the schedule thereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears:

(1) "Contractor" shall mean a person contracting 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 Chapter.

(2) "Sub-contractor" shall mean a person not contracting with, or employed directly by the owner for the purposes aforesaid, but contracting with or employed by the "contractor," or under him by another "sub-contractor."

(3) "Owner" shall extend to and include a person having any estate

or interest in the land 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 with whose consent in writing, 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 fur

3. No agreement shall be held to deprive anyone otherwise entitled ' to a lien under this Chapter, and not a party to the agreement, of the benefit of the lien, but the lien shall attach notwithstanding such agree

ment.

4. Unless he signs an express agreement to the contrary, every mechanic, machinist, builder, miner, laborer, contractor, 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 railway, 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 railway, 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.

5. (1) The lien shall attach upon the estate and interest of the owner as defined by this Chapter, in the building, erection, railway, or mine, upon or 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 fee-simple may also, with the consent of the owner thereof, be subject to said charge; 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 labor performed, or upon which materials or machinery are placed, is encumbered by a prior mortgage or other charge, existing or created before the commencement of the work, or of the placing of the materials or machinery upon the land, such mortgage or other charge shall not bear priority over the lien to any greater extent than the sum by which the selling value of the land, with such work, material, or machinery thereon, exceeds the sum by which such selling value thereof has been actually increased by the improvement caused by such work, materials, or machinery being placed thereon; provided that the mortgagee or holder of such charge consents to such lien charging the land, and testifies his consent thereto by executing the contract in respect of which the lien is claimed;