Workmens Liens Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO ET QUINQUAGESIMO

SEPTIMO

A.D. 1893.

No. 575.

An Act relating to Workmen's Liens.

E it Enacted by the GOT crnor of the Province of South Aus- Preamble.

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the 1,cgislative Council
ment assembled, as follows:

C-

1, This Act may be cited as " The Workmen's Liens Act, 1893," Short title and commencement. -1

and shall come into operation on a day to bc fixed by the Govcrnor 2726 /%H

by Proclamatiorl in the Govemmelzt Gazette. du g-em 3 9 L

2, I n this Act, where not inconsistent wi tll the context, the fol- Interpretation*

A-575

lowing terms have the following meanings :-

L ' Contract " means any agreement, whether written, oral, or

implied, to do work ur to procure work to be done, or to furnish materials in connection with work, or to pay for

work, or for materials furnished or to be furnished in con-

nection with work:

Contract price " means the money payable to any contractor or sub-contractor fbr any work, or &aterids fhrnished or to be furnished in connection with work, under any contract, and whether such price has becn fixed by express agreement or not:

Contractor " means a person (not being a sub-contractor) con- tracting with or employed by another person to do work, or to procure work to be done, or to furnish materials in connection with work: Court *'

56" & 57" VICTORIA, No. 575.

The Workmen's Liens Act,-1893.

- -- p-

" Court" in the case of an action in the Supreme Court includes a Judge of that Court, and in the case of an action in a Local Court includes a Special Magistrate:

" Fixture" means such a fixture upon land as, having been attached

to such land by the vendor, would pass to the purchaser upon

the sale of the fee simplc of trhe land:

Goods " includes all produce of land when severed from the

land:

' G Owner" means the owner of the legal or equitable fee simple of

land:

"Occupier" means the lessee, sub-lessee, tenant, or occupier for the time being of land other than the owner thereof:

" Prescribed " means prescribed by regulation made under this

Act:

'"egulation " means a regulation made under this Act:

CC Sub-contractor " means a person contracting with or employed

by a contractor or sub-contractor to do work, or to procure work to be done, or to furnish materials in connection with work for the purposes of the contract made by such contrac- tor or last-mentioned sub-contractor:

*'The lteal Property Act " means ' L The Real Property Act,

1886," and any Act or Acts amending the same or substi-

tuted therefbr:

Wages" means money to which a workman i8 C)! * m entitled

for manual work or personal service, and whethcr to be ascertained by time o r b y thc piece, and wlietller at a fixed price or rate or otherwise:

"Work" means every description of manual work or personal

service:

6gWorkman" means every person employed in or doing any manual work or personal service.

Division of ~ c t. 3, 'J'his Act is divided into four parts, viz. :-

PART ~.--Liens and Charges:

PART 11.-Registration and Discharge of Liens:

PART 1x1.-Legal Procedure:

PART

5 6 & 57" VICTORIAE, No. 575. -p-

-

me Worknwn's Liens Act. -1 893.

PART I.

LIENS AND CHARGES.

4, (1) A workman doing work for an owner or occupier, or for a Workmeds lien.

contractor or sub-contractor for the benefit of an owner or occupicr, shall have a lien for his wages for such work on the estate or interest in land of the owner or occupier in each of the following cases-

( a ) Where the work is done with the assent, express or implied, of the owner or occupier to the land or to any fixture thereon:

( b ) Where the work is done in or about the manufacture of

materials which are, with the assent, express or implied, of the owner or occupier, used or intended to be used in or about work done, or intended to be done, to the land or to any fixture thereon.

(2) A workman employed upon land and doing work there for the owncr or occupier thereof in connection with pastoral, agricul- tural, horticultural, or mining pursuits carried on upon such land shall have a lien on all goods on such land belonging to such owner or occupier, but such lien shall not avail against the title of a bond

fide purchaser, mortgagee, plcdgcc, or incurnbrancee without notice

of such lien.

(8) A lien under this section shall be limited to four weeks' wages or wages for work not occupying more than four weeks, not exceed-

ing the sum of Twelve Pounds.

5. A contractor or sub-contractor shall have a lien for the con- Lien of contractoa 01

tract price, so far as accrued due, on the estate or interest in land sub-c0ntractor.

of any owner or occupier in each of the following cases-

( a ) Whcre the work is done, with the assent, express or implied,

of the owncr or occupier to the land or to any fixture

thereon:

( b ) Where the materials are, with the assent, express or implied, of the owner or occupier, used or intended to be used '

in or about work done, or intended to be done, to the

land or to any fixture thereon.

6, Liens under sub-section (l) of section 4 or under section Extent oflien #

5 shall not, in cases other than those of workmen employed by

the owncr or occupier, extend beyond that portion of the contract price payable by the owner or occupier under the contract for the purposes of which the work or materials are done, furnished, or manu- factured and unpaid at the time when the owner or occupier shall receive notice of the _lien or of its registration, whichever shall

--- first happen, no; extend at all to cases where there is no such

contrac6Ending the owner or occupier to pay a contract price.

ICTORIE, No. 575.

ZRe Workmen's Liens A c r. 1 8 9 3.

PART L 7, (1) A workman shall have a charge on any money payable

~lhsrge of to the contractor or sub-contractor by whom he is employed for his

.ndmb-oOntmotor* wages in respect of work done for the purposes of the contract of

such contractor or ~ub~contractor.

(2) A sub-contractor shall have a charge on any money payable

to the contractor or sub-contractor with whom he shall have

1 contracted for that portion of the contract-price payable to the contractor or secondly mentioned sub-contractor. l first-mentioned sub-contractor in respect of work done or materials \ 1 furnished or manufactured for the purposes of the contract of such

A charge under this section shall attach only to money payable under the contract for the purposes of which the work or materials have been done, supplied, or manufactured, and shall lapse unless an action be brought to enforce the same within twenty-eight days after the wages or contract price in respect of which such charge has arisen shall have become ue within the meaning of section 10, sub-

(3)

section (2). Such action sh % not be discontinued without the consent

l

of the defendant or an order of the Court, and the Court on making

,	such order may declare that any charge claimed does not exist or order that it shall forthwith lapse, or that the plaintiff have further time to bring a fresh action to enforce the charge.
(4) The charge of a workman under this section shall be limited to four weeks' wages or wages for work not occupying more than four weeks, not exceeding the sum of Twelve Pounds.
(5) A charge under this section shall not avail as to any moneys bond fide paid over without notice of such charge.

Mont7 of liena ana

aharges. 8. The several liens and charges created by this Act shall have

priority in the following order ;-

I. The liens and charges of workmen for wages:

j 11. The liens and charges of sub-contractors:

III, The liens of contractors:

As between themselves, persons belonging to each of the said three

classes @hall, sub'ect to the provisions hereinafter contained, partici

pate ratably in t h e benefits of their liens or charges.

wn aubjeet t~ mngia- ut not to

9. A lien under this part of Act shall be subject to every

dealing, assurance, mortgage, encumbrance, or charge on the estate

tss,

gage, &C. or interest in the land of the owner or occupier, or on the goods the subject of the lien, registered before the registration of such lien, but shall take priority of any dealing, assurance, mortgage?, encum- brance, or charge not so registered.

PART

56" & 5 7 O VICTORIW, No. 575.

The Workmen's Liens Act .1893,

PART rr.

PART 11.

REGISTR.4TIOM. AND DISCHARGE OF LIENS.

10, (1) A lien under this Act with regard to land shall be Lien to be registered.

available only if registered before the expiration of twenty-eight days after the wages or contract price in respect of which such lien

has arisen shall for the purposes of this section have become due.

(2) Any wages or contract price shall for the purposes of this section be deemed to have become due-

( a ) If unpaid for seven days after the same (being payable) shall have been demanded by notice in writing, signed by the person claiming the same and given to the person liable to pay the same, or posted in a registered letter addressed to him at his usual or last known place of abode in South Australia:

( b ) If either before or after the same shall have become payable, the person liable to pay the same shall have called a meeting of his creditors, or committed an act of insol- vency, or executed a deed of assignment within the meaning of "The Insolvent Act, 1886," or any other Insolvency Act, or shall have taken or attempted to take the benefit of any law relating to insolvent; debtors, or shall have suffered his goods to be taken in execution or seized under legal process or distress for rent.

(3) A lien shall be registered by the person claiming the swme lodging in the General Registry Office a notice in the prescribed form or in a form to a similar effect, which notice shall be signed by such person and attested.

(4) A lien may be registered after the wages or contract price have become payable, although the seven days mentioned in sub- section (2) shall not have commenced to run.

(5) Notices of lien under this Act shall state the Court in which action will be brought to enforce the same, and any person to whom notice is given may deposit the amount claimed in such Court to ,abide the event of such action, and thereupon the lien shall be deemed to cease.

11. Upon the lodging of such notice the Registrar-General Duty of Registrar- General on receivin

shall- notice of lien.

I. Where the estate or interest of the owner or occupier sought

to be affected by the lien is registered under the Real

Property Act, make a memorandum of such notice and the day and hour of the lodging thereof upon the foliurn of the Register Book on which such estate or interest is registered, and shall send a copy of such notice through the post addressed to the owner or occupier at his address as appearing in the Register Book:

11. Where

56" & 57" VICTORIK, No. 575.

The Workmen's Liens A c t. 1 8 9 3. ---P --

11. Where the estate or interest of the owner or occupier sought

to be affected by the lien is not registered under the Real Property Act, make a memorandum on such notice of the day and hour of the lodging thereof, and send a copy of such notice through the post addressed to the owner or occupier at his address as given in the notice.

Notioe to be deemed

caveat. 12, A notice lodged in respect of land under the provisions ot

the Real Property Act shall be deemed to be a caveat forbidding the registration of any dealing with the estate or interest sought to be affected by the lien, unless such dealing shall be expressed to be subject to the claim of the person lodging the notice, and the pro- visions of the Real Property Act relating to caveats shall, so far as applicable and so far as consistent with this Act, apply to every such notice.

Registrar-General to

keep index. 13, All notices of lien lodged in the General Registry Office

shall be numbered consecutively, and the Registrar-General shall keep an alphabetical index containing the names of a l l persons giving notices of lien and of the persons named in such notices as owners or occupiers.

Notioes of lien open 14, All notices of lien, and the indexes thereof, shall be open to

to inspection. inspection by any person during the hours and upon the days appointed for search in the General Registry Office, upon payment of Two Shillings in lieu of any other fee.

Liens to cease in 16. Every lien under this Act upon the estate or interest of any

certain events.	owner or occupier shall cease unless an actiou shall be brought against the owner or occupier for enforcement of the lien within fourteen days from the registration thereof.
Satisfaation of lien to

be recorded. 16, The Registrar-General upon proof to his satisfaction that any

person who has registered a lien has failed in an action to cnforce the same, or that no such action has been brought by him against

having been so brought hqs been discontinued without an order of

the owner or occupier within fourteen days from registration or

the Court giving further time to bring a fresh action to enforce the lien, which order the Court is empowered to make, or that any claim made or judgment obtained against the owner or occupier has been satisfied by payment or otherwise, or in any case where the owner or occupier shall have deposited with the Registrar-General the amount claimed in respect of the lien, either in discharge of such lien or to abide the event of an action to enforce the same, or to recover the amount so deposited, shall make on the proper folium of the Register Book if the lien is registered there or other- wise on the notice of lien a memorandum that the lien has ceased, and upon such entry the lands affected by such notice shall be dis- charged from the lien.

17. If the Registrar-General shall refuse to make the memoran-

Proceedings ~egistrar-General to to

record lien inevent of dum that any lien has ceased, the owner or occupier may apply

refusal. to

56" & 5 7 O VICTORIA, No. 575.

The Workmen's Liens Act.-1 893. - - -- p ---

to a Judge of the Supreme Court or a Special Magistrate in a --	PART	11.
summary niarlner to direct the Regisl ra r-General tu iriak c such memorandum, and notice of such application shall be given by posting the same in a registered letter two cle:~r days at least before such application sl-iall be heard to the person who has given the notice of thc licn to his adclrcss rncntioncd in such notice, and he shall bc entitled to be heard on the application.

Mttgistrrtte may make such order i11 respect thereof as shall be order. r8. Tipon the hearing of such application the Judgc or Special Judge m y make

just and the Registrar-General shall obey such order, and the costs of and incidental to such application shall be in the discretion of the Judge or Special Magistrdte.

19. (l ) Any person entitled to CL lien under scction 4 sub-sec- Enforcement of lien

tion (2) hereof may give to the owner or occupier, his manager, or ~ ~ 2 ~ ~ $ ~ ~ ~ s e c. 4 ~

overseer, or leave for him at his residence or place of business,

or may send to him bp registered letter to his last Irnown address,

n notice in writing, dernanciing payment of the wages due to him,

and stating. the amount thereof and the nature of the claim; and from the giving or. leaving of such notice such goods shall not be rernoved by the owner or uccnpier, or any pcr.so11 on his behalf, from the land 11-ntil the wages of such pn-son, to the cxtrnt of his lien, have been paid, or an agreement permitting the removal of the gooils shall have been nindc.

(2) l3verv s ~ ~ c l l pc~sou shall, within fourteen daq-S after giving or

leaving such noticc, comn~ence an action to cnforce his licn, other-

wise such lien shall cease.

20, Where a lien unclcr this Act attaches to thc cstnte or intcrest Mortgagee may pay

any owler or occupier or to any woods any pcrson interested wages or contract.

in land of 9

in such land or goods as mortgag.e.fr, incoinbrancr, or pledgee, whether his intcrcst is or is not subject to such licn, inay pay the wages or contract 1~1 with a11 costs, charges. and cxlwnscs of and incidental thcreto, and ice in respcc t of which the lien exists, together shall, on demand, be entitled to ;ecover the same from the mortgagor, Mortgngee may

Or

oncnmbmncer, or plcdgor, togethcr with interest. thereon, at the contract prlce paid by

rate of eight per ccntuin per annum, calcdatcd from the date of him.

payment, a i d the moneys a 6 paid with iiltercst as aforesaid, shall be a

charge on the tlstate or intr~mt; or the goods as if originally portioir

of the moncys sccured by the mortgzzgc, incnmbrancc, or pledge.

PART 111. PART 111.

LEGAL PROCEDURE.

21. Any person entitled to a lien or charge under this Act may Action to enforce

bring an action to enforce such lien or charge, or to recover any lien or charge.

amount dcr~osited under section I G, in any Court in which the

wages or e'ontract price in respect of which such lien or charge

is claimed could have been recovered against the person primarily

liable therefor. 22. In

56' 8r 57* VICTORIW, No. 575.

The Workmen's Liens A c t. 1 8 9 3.

22. In case of deposit under section 16 of the amount claimed may be brought within fourteen days from the registration of the lien, but not after, and if such action bc not so brought the amount so deposited shall be repaid hy the Registrar-Gcncral to the pcrson who deposited the same.

Procedure in case of	in respect of a lien, an action to recover the amount so deposited
deposit.
Pereon primarily
liable may be joined	23. In every action to cnforce a lien or charge or to recover for the wages or contract price may be joined as cz defendant unless judgment has already bceri obtained against him, and judgment in such action shall be given against the person primarily liable for the full sum due by him, and an order shall be made for the enforcement of the licn or charge, or the payment of thc money deposited or otherwise in relation thereto as shall be just, but shall not prejudice the right of the plaintiff to ellforce any other lien or charge to which he shall be entitled under this Act.
in action to ellforce	an amount deposited under section 16, the person primarily liable
lien or charge.
Certificate of judg-
ment against person	24, 'When a judgment has been obtained against the person driction of it certificate of such jud~ment in the prescribed form, specifying such wages or contract prrce or part thereof and purport-
primarily liable	primarily liable for wages, or contract price or part thereof, the pro-
p r i d facic evidence.
ing to be signed by thc progcr officer of the Court in which such
judgmcnt has been obtained, shnll in a11 cases bc p~irnti! fhcie proof that the wages or contract ,,rice or part tllerpnf in respect of which such judgment has been obtained are due.
of lien or charge, how

Order for enforcement 25. (1) An order for t.he enforceulent of a lien or liens may be

carried into effect by a writ or warrant from the Court f ~ r the sale

carried into effect.

!	of the estate or interest in land or the goods the subject of the lien.
i	(2) ,4n order for the enforcement of n charge may be carried into effect in like manner as a juclgmcnt of the Court making the order by cxecution against the goods and land of thc person against whorrl such order shall be made.
(3) Any order for the payment of money deposited under sectioli 16 shall be obeyed by the Registrar-General, who need not, how- ever, be a party to the action.

lien or charge may 26. (1.) In, case of an action to enforce a lien the person againsl.	Person affected by
p~.m0neyintoCou*. whose property such lien is sought to be enforced or any person interested in such property may by payment into Court of the amount claimed in respect thereof relieve himself and the property from liability with regard to the lien or in respect of the costs of further proceedings.

(2) In case of an action to enforce a charge the person against whom such charge is sought t-o be enforced may by pay- ment into Court of the amount claimed in respect thereof reGeve himself of all further littbility in respect of such charge or in respect of the costs of further proceedings.

----- No.

The Workmen's Liens Act.-1893.

27, In case of an action to enforce a lien or charge the Court in which such action is brought mag, upon the application of any	Court may order for detention, inepection,
partv with or wittlout notice to any other party, make any order	&c.
for the detention, preservation, or inspection of any property con- cerned, and may for any purpose ancillary or incidental to the action authorise any person to enter npon or into any land or building in the possession of any party to the action.

28, Where more than one action is brought in respect of any	consolidation
Court may order

matter to which this Act relates the Suplane Court or a Judge actions.

thereof, or as to actions wher ount sought to be recovered

does not exceed Four Hun nety Pounds, whether on a balance of accounts or otherwise, the Local Court of Adelaide or a Special Magistrate may make a11 order or orders for the eonsolida- tion of' such actions, and also such order or orders fbr the removal

01 remission of any such actions in to or to the Supreme Court or the

Local Court of Adelaide as shall be expedient fbr the purposes of such consolidation, and upon such consolidation being effected may deal with the consolidated actions or the subject matter thereof as shall be just.

29, In any action to enforce a lien or charge- included c l d that in actions may be to

I. The claims of any number of persons may be included and enfOrce'enOrchrge.

claims against any persons interested in the subject matter of the action or in any contract or sub-contract out of which the claim in the action arises may be included, but

if it appears to the Court that any of such claims cannot

con~enient~ly be tried or dealt with in such action the Court may order separate trials or separate actions in respect of any of such claims:

11. The Court may deal with any claim relating to or connected

with the-original subject of the action and made by any palrty to the action against any person whether already a	party to the action or not, who shall have been duly served	with notice in writing of such claim pursuant to regula-
tion, and may grant relief in respect of such claim as if such person had been defendant to an action under this Act. Every person so served with notice shall thenceforth
be deemed a party to such action, and shall have the same
rights in respect of his defence against or counter-claim to such claim and with respect to any claim over against any other person as if he had been a defendant to such action and the party claiming against him had been plaintiff.

30, Any person claiming to be interested in the subject matter Per8onintemtedin subject matter may be

of an action under this Act may apply to the Court to be made a	a
party to the action, and the Court may make such order in respect
of such application and of the subsequent proceedings in relation to
such person as shall be just.

B-575 31. (1) Any

10 56" & 57" VICTORIA$ No. 575.

The Workmen's Liens Act.-1893.

PART III. 31, (1) Any person who has obtained an order for the enforcement

Lienor m y pay of a lien under this Act upon any goods subject to a registered

moneys due

mortgagee of chattels mortgage may pay the mortgagee, who shall receive, the principal

moneys secured by his mortgage, with interest up to the date of such payment, at the rate provided for in such mortgage, notwith- standing the principal moneys shall not be due. or may pay such principal moneys and interest into the Court making the order, which Court shall on application hy the mortgagee order payment thereof to him.

(2) On payment to the mortgagee, or into Court under sub- section ( l ) the goods shall be discharged from the mortgage, but the sum secured by the lien shall be increased by the amount so paid, and the order for the enforcement of the lien shall be enlarged accordingly.

(3 ) Any principal moneys paid under sub-section (l) shall carry

interest in favor of the person paying the same at the same rate as

under the mortgage.

claimorregisbation

may be cancelled.	32. Any person alleging that he is prejudicially affected by a claim, lien, or charge, or by registration under this Act, may at any time apply to the Court to have such claim or registration cancelled or the effect thereof modified, and such order may be made as niay be deemed just.
Penalty for claim

with intent to 33. If any person vexatiously or without any reasonable grounds,

defraud.	and with intent to defraud, gives notice of claim, lien, or charge, or registers any lien, such person shall be guilty of an offence against this Act, punishable, on summary conviction, by a penalty not ex- ceeding Fifty Pounds or by imprisonment (with or without hard labor) for a term not exceeding six months.
claim.

Penalty for voxstious 34, If any person vexatiously or without any reasonable grounds

gives notire of claim, lien, or charge, or registers any lien, such

person shall be liable to pay to any person prejudicially affected

thereby, such compensation not exceeding Ten Pounds, as a Court

on a summary application may fix and determine.

Appeal.

35. There may be an appeal to the Supreme Court in the prescribed manner and within the prescribed time from any judgment or order given or made by a Local Court or Special Magistrate by virtue of this Act, but, except as by this Act or "The Local Court Act,

1886," or other Act provided, no such judgment or order shall be

appealed against or removed by certiorari or otherwise into the

Supreme Court.

Jurisdiction, QC., of 36. Nothing in this Act shall affect the provisions of the law

Courts preserved. for the time being relating to the jurisdiction and practice of the Supreme Court or of Local Courts, except where inconsistent with this Act or any rcgulation made hereunder.

37, The

56" & 57' VICTORIAZ, No. 575.

The Workmen's Jiens Act.-1893.

37. The costs of all proceedings shall be in the discretion of the PART m - - - 111.

Court in which such proceedings are taken, which may also make costs. such order as it shall deem just in reference to proceedings pre- liminary to action in relation to the registration or discharge of liens

and the giving of notices and otherwise, but, ur~less a Court having

jurisdiction i n the matter shall for good cause otherwise order, any owner or occupier may charge upon and deduct from any'contract price payable by him, as specified in section 6, his reasonable cost

of obtaining the discharge of any lien and the making of a

memorandum by the Registrar-General that any lien has ceased.

38. There shall be an appeal from any conviction or ordcr and Appeal to Local Court from order

from any order dismissing any information under this Act ox any by spacial

regulation, which appeal shall be to the Local Court of Adelaide of Magistrate. conducted in manner appointed by the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4 for appeals to Local Courts, but the 1,ocnl Court of ,4delaide may make such order as to payment of the costs of such appeal as it shall think fit, although such costs may excecd Ten Pounds.

PART" IV.

RXISCELLANEOUS.

39. The Governor may from time to time make, alter, and Regulations.

revoke regulations for all or any of the following purposes--

( a ) Prescribing forms for use and fees not exceeding Five Shillings for any registration or proc,ess to be paid under this Act:

( b ) The regulation of all matters relating to the practices

respectively of the Supreme Court and Local Courts under this Act, or to the costs of proceedings therein, including

the costs to be allowed to practitioners in such Courts, but

so that no such costs shall exceed the costs which would have ,M

been payable in an action in a Local Court of Limited	_c-----
3 urisdickg.:

- ... - --

( c ) Generally for carrying out the objects of this Act.

In the construction of this section general words shall not be limited or controlled by particular words.

Parliament within fourteen clays after the publication thereof if published, &c. 40, All such regulations shall be laid before both Houses of Reglfiationsto be

Parliament be then sitting, and, if Parliament be not sitting, then within fourteen days after the commencement of the next sitting

of Parliament; and if not disallowed by express resolution of one

House of Parliament within one month from the timc when they were laid before such Housc shall be published in the Government Gaxettc, and shall afterwards be judicially noticed and have the force of law.

41. Every

56" & 57" VICTORIE, No. 575. . . ..

The Workmen's Liens Ac t. 1893.

PART IT. 41, Every person who-hashestowed work or materials upon any

Persons having lien at chattel or thing in altering the condition thereof, or improving the common law may sell. same, and who is entitled to a lien on such chattel or thing at

common law, may, while such lien exists, if the amount due to him in respect of such lien remains unpaid for one month after the same has become due, sell such chattel or thing by public auction, upon giving to the owner thereof, or posting to him a t his last known place of abode in South Australia fourteen days before such sale, a notice in writing, by registered letter, stating the amount of the debt, a description of the chattel or thing to be sold, the time and place of sale, and the name of the proposed auctioneer.

Application of pro-

ceeds of sale. 42. Upon any sale under the last preceding section the proceeds

arising therefrom shall be applied in payment of the amount in respect of which such lien exists, and of the costs of and incidental to such sale, and any surplus shall forthwith be paid to the clerk of the Local Court nearest to the place of sale, to be held by him for the benefit of the person entitled thereto.

A Special Magistrate may, on the application of such last-mentioned

person, order payment of such moneys to him.

Wagea of workman

payable monthly. 43, Whenever any contract shall hereafter provide for payment

of wages to any workman at longer intervals than from month to month; the wakes of such workgm shall, notwithstanding such provision, be deemed to be payable monthly, computing from the date of the commencement of thc work.

Other remedy not

prejudiced. 44, Nothing in this Act shall prejudice any other remedy which

any person may have in respect of any contract price or wages

payable to him.

Penalty on attempt

to deprivs workman 45. If any person, after a demand has bccn made, as provided

of lien ongoods,	by section 19, shall conceal, sell, kill, remove, or destroy any goods
unon which any workman has a lien under this Act with intent to
deprive such wbrkman of his lien, or to delay such workman in the enforcement thereof, or in obtaining payment of his wages, he shall be guilty of an offence against this Act, punishable on summary con- viction by a penalty not exceeding Fifty Pounds, or by imprisonment (with or without hard labor) for n term not exceeding six months.
Substitution of $12

for B6, section 202 of 46, Section 202 of "The Insolvent Act, 1886," shall be read

he Insobent A C ~, as if the same provided for payment of the sum of Twelve Pounds

1 s ~.

to a workman for his wages or labor, in lieu of Six Pounds, as

therein mentioned.

Duties of Registrar-

General.

47, The Registrar-General and every officer under him shall be liable to the same penalties and consequences for neglect or default in respect of the duties imposed by this Act as if such duties were imposed under the Real Property Act.

48, Nothing

56' & 57' VICTORIE, No. 575.

l'he FVorkme?aYs Liens Act.--189:?.

48, Nothing in this Act containcd shall crcate or give any right Lands, $C., of Crown

or remedy against land vested in Her Majesty or in any person A,,,	not affected by this
for or on behalf of the Government or incrcase or change the liability of Her Majesty, or of any person procuring the perform- ance of work for or on behalf of the Government and, except aa between the contractors, sub-contractors, and workmen. this Act shall not apply to such work.

49. Notwithstanding the provisions of 'l'he Real Property Act to apply to land

Act. 1886," this Act shall apply to lard subject to the provisions of A,,	under Bed Property
the said Real Property Act

In the name and on behalf of Her Majesty, 1 hereby assent to

this Bill.

S. J. WAY, Lieu tenant-Governor.

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Adelaide: By authority, G. E Bluyrow, Government Printer, North terrace.

U-575