sale of goods is registered (or filed) under The (c) to the grantee of the goods under any bill of sale (d) to any other person known by the warehouseman (3) The notice shall contain (a) a brief description of the goods; and (d) a demand that the amount of the charges as stated (e) a statement that unless the charges are paid Contents of notice of sale (4) Where the charges are not paid on or before the day Advertisement mentioned in the notice, an advertisement of the sale, describing the goods to be sold, and stating the name of the person liable as debtor for the charges for which the lien exists, and the time and place of the sale, shall be published at least once a week for two consecutive weeks in a newspaper published in the Province and circulating in the locality where the sale is to be held. The sale shall be held not less than fourteen days from the date of the first publication of the advertisement. [1922, c. 46, s. 5.] Substantial Compliance with Act. irregularities 7. Where a notice of lien under the provisions of section Unessential 5 hereof, or a notice of intention to sell under the provisions of section 6 hereof has been given, but such provisions. have not been strictly complied with, if the Court or a judge before whom any question respecting the notice is tried or inquired into considers that such provisions have been substantially complied with, or that it would be inequitable Disposition of proceeds of sale Provision for payment before sale of goods Duty of warehouseman on payment Method of giving notices that the lien or sale shall be void by reason of such non- Disposition of Proceeds of Sale. 8. (1) From the proceeds of the sale the warehouseman shall satisfy his lien, and shall pay over the surplus, if any, to the person entitled thereto; and the warehouseman shall when paying over the surplus deliver to the person to whom he pays it a statement of account showing how the amount has been computed. (2) If the surplus is not demanded by the person entitled thereto within ten days after the sale, or if there are different claimants or the rights thereto are uncertain, the warehouseman shall pay the surplus into the Supreme Court upon the order of a judge. (3) The order may be made ex parte upon such terms and conditions as to costs and otherwise as the judge may direct, and may provide to what fund or name the amount shall be credited. (4) The warehouseman at the time of paying the amount into Court shall file in Court a copy of the statement of account showing how the amount has been computed. [1922, c. 46, s. 7.] Duty of Warehouseman where Charges Paid before Sale. 9.—(1) At any time before the goods are sold any person claiming an interest or right of possession in the goods may pay the warehouseman the amount necessary to satisfy his lien, including the expenses incurred in serving notices and advertisement and preparing for the sale up to the time of the payment. (2) The warehouseman shall deliver the goods to the person making the payment if he is the person entitled to the possession of the goods on payment of the warehouseman's charges thereon, otherwise the warehouseman shall retain possession of the goods according to the terms of the contract of deposit. [1922, c. 46, s. 8.] Manner of Giving Notices Required by Act. 10. Where by this Act any notice in writing is required to be given, the notice shall be given by delivering it to the person to whom it is to be given, or by mailing it in the post office, postage paid and registered, addressed to him at his last known address. [1922, c. 46, s. 9.] Construction of Act. of Act 11. This Act shall be so interpreted and construed as Construction to effect its general purpose of making uniform the law of those provinces which enact it. [1922, c. 46, s. 10.] Short title Right of detention of goods Right of sale Application of proceeds of sale Disposition of surplus Provision for mortgagees and creditors of guest CHAPTER 106. An Act respecting Hotel and Boarding House HIS Short Title. 1. This Act may be cited as "The Hotelkeepers Act." Lien of Hotel or Boarding House Keeper. 2. Any hotel, boarding or lodging house keeper may detain in his hotel or on his premises the trunks and other personal property of any person who is indebted to him for board and lodgings and shall be responsible for the safe keeping of the same. [C.O. 1898, c. 56, s. 2.] Enforcement of Lien. 3. In addition to all remedies provided by law the hotel, boarding or lodging house keeper shall have the right in case the charges remain unpaid for three months after the beginning of the detention thereof to sell by public auction the said trunks and other personal property, on posting and keeping posted during the period of one week on the outside of the door of such hotel, boarding or lodging house a notice of the intended sale, stating the name of the person indebted for board and lodging, the amount of his indebtedness, a description of the property to be sold, the time and place of sale, and the name of the auctioneer. [C.O. 1898, c. 56, s. 2.] 4.-(1) Such hotel, boarding or lodging house keeper may apply the proceeds of the sale in payment of the said indebtedness and the costs of the advertising and sale; and shall pay over the surplus if any to the person entitled thereto on application being made by him therefor; and in case application therefor is not forthwith made he shall immediately pay the same to the Provincial Treasurer, to be kept by him for the owner for one year, after which time if the owner has not previously claimed the amount so kept the same shall form part of the general revenue fund of the Province. (2) The Provincial Treasurer may entertain any application verified by such affidavit or affidavits as he may require on the part of a mortgagee of the property so sold or on the part of any creditor of the owner of the said property, and may in his discretion pay all or a portion of the said moneys to such mortgagee or creditor as he may appear entitled; or the Provincial Treasurer may informally refer the case to a judge of the Supreme Court or a District Court, and the judge may direct interpleader proceedings to be taken where there are more claimants than one, or in any case may, on the production of such evidence as he may deem necessary, make such order as to him seems just: Provided that creditors shall be paid according to their priorities. payment (3) Such order shall be sufficient authority for the Authority for Provincial Treasurer to pay any moneys in his possession conferred according to the terms of the said order. [C.O. 1898, c. 56, s. 2; 1921, c. 5, s. 11.] Liability of Hotel Keeper. by order of liability of hotel keeper in certain cases 5. (1) No hotel keeper shall be liable to make good to Limitation any guest of such hotel keeper any loss of or injury to goods or property brought to his hotel, not being a horse or other live animal or any gear appertaining thereto or any carriage, to a greater amount than two hundred dollars except in the following cases, that is to say: (a) When such goods or property have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ; (b) When such goods or property have been deposited expressly for safe custody with such hotel keeper: (2) In the case of a deposit as mentioned in paragraph (b) of the preceding subsection the hotel keeper may require as a condition of his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. Miscellaneous. [C.O. 1898, c. 56, s. 4.] hotel keeper goods into 6. If any hotel keeper refuses to receive for safe custody Refusal of as before mentioned any goods or property of his guest, to receive or if any such guest through any default of the hotel keeper safe custody is unable to deposit such goods or property as aforesaid, the hotel keeper shall not be entitled to the benefit of this Act, in respect of such goods or property. [C.O. 1898, c. 56, s. 5.] Act in hotel. 7. Every hotel keeper shall cause to be kept conspicuously Posting of posted in the office and public rooms in his hotel a copy of this Act printed or plainly written, and he shall be entitled to the benefits of this Act in respect of such goods or property only as are brought to his hotel while such copy is so posted as aforesaid. [C.O. 1898, c. 56, s. 6.] |