R. S. S., cap. 59, sec. 39 (2):

This provision is on the same lines, and is to the effect that the unfortunate unsuccessful litigant may be saddled also with the expense of providing lodgings and refreshment for the jurors during the time they are not allowed to separate.

Verily the burdens placed upon the individual seeking to have recourse in the Courts for the purpose of obtaining redress of his wrongs in Saskatchewan are many and grievous. Would it not be better to abolish the Courts altogether and have done with it?

R. S. S., cap. 72, sec. 11:

This section contains a curious provision. It is to the effect that "the articles " (of association in the case of Companies) shall be expressed in separate paragraphs numbered arithmetically!

It seems difficult to understand how paragraphs could be numbered otherwise than arithmetically. This expression in its redundancy reminds one again of the expression "female textatrix" already referred to.

MECHANICS' LIEN ACT.

R. S. S., cap. 150, secs. 3 and 4:

These sections of the Mechanics' Lien Act contain a provision which seems to be entirely unintelligible. Section 3 provides that any agreement by a workman that the relief provided by sec. 4 (the creation of a lien in his favour for work done) shall not have effect, shall be null and void.

Then sec. 4 proceeds, as follows:—

"Unless he signs an express agreement to the contrary, and in that case subject to the provisions of sec. 3, any person who performs any work or service upon 'any erection or building"

"shall by virtue thereof have

a lien for the price of such work.”

The meaning of this seems to be "every workman shall have a lien for his work unless he signs an agreement to the contrary, and even then he shall still have a lien because such agreement is void under sec. 3."

If it does not mean that, what does it mean?3

5

On referring to "The Mechanics' Lien Act" in the Revised Statutes of Ontario (189,) ch 153, sec. 3 & 4 the puzzle is explained. The sections now under comment are taken from the Ontario Act. But in the Ontario Act after the first mentioned provision (viz., that prohibiting workmen from contracting themselves out of the opera

LIENS IN GENERAL.

R. S. S., cap. 152, sec. 2:

This Act relates to threshers' liens. It is remarkable, by the way, what a mania they seem to have in Saskatchewan for the creation of liens in favour of workers. Thus besides the Mechanics' Lien Act, we have the Woodmen's Lien Act, The Threshers Lien Act, The Threshers Employees' Lien Act, the Lien for Improvement of Chattels Act, etc. In fact the only workman we can think of at the moment, who has not had a special Act pased, securing him a lien, is the street scavenger. We cannot discover that any Act has yet been passed securing him a lien on the street.

Some of the provisions of these Lien Acts are extremely complicated and involved. Take for instance the following from the Threshers' Lien Act, which provides that a thresher may take grain to secure payment for his work.

"The quantity of grain which may be so retained shall be a sufficient quantity, computed at the market value thereof at the nearest market, less one and one-half cents per bushel in the case of oats, and two cents per bushel in the case of all other grain, for each five miles or fractional part thereof between the place of threshing and the nearest market for hauling the same to and delivering the same at the nearest available market when sold to pay for the threshing of all grain threshed by the person taking the grain or by his servants or agents for the owner thereof during that same season."

A sentence of this kind is enough to make one's head whirl, Let anyone read the sentence over two or three times, and see if he can extract any meaning from it, and also incidentally whether he can parse it.

If you come successfully through that ordeal try your hand. on the following from the Threshers' Employees Act. This Act gives the thresher's employee a claim for his wages against the earnings of his employer in the hands of the third person. for whom the threshing was done. Sections 8 and 9 provide that the third person may in case of dispute, pay the money owing by him to the thresher into Court.

tion of the Act) there follows the following clause: "This section shall not apply to any foreman, manager, officer, or other person whose wages are more than $3 a day." That clause is omitted from the Saskatchewan Act. Of course its omission required the omission also from the next section of the words unless he signs an express agreement to the contrary." That point was evidently overlooked. however, with the curious result above noted.

Then follows the section in question:

"The person so paying money into Court under the provisions of secs. 8 or 9 of this Act shall be entitled to deduct therefrom his necessary disbursements and costs (not exceeding five dollars), except when such sum of money is larger than the amount of the claim of the employee, in which case the person so paying money into Court may deduct such costs and disbursements out of the balance in his hands, but if such balance is not sufficient to cover such disbursements and costs, he may deduct the difference from the amount to be paid into Court. 1908-9, cap. 11, sec. 10.

It looks, as Lord Dundreary would say, like one of those things that no feller can find out.

EXEMPTIONS FROM EXECUTION.

R. S. S., cap.

47:

But the most astounding statutory provisions of Saskatchewan, are found in the Act relating to the exemptions. from execution.

It is a policy generally recognized in most countries that it is reasonable, and in the best interests of the public that certain limited exemptions should be accorded to needy debtors, to the end that they may not be absolutely deprived of the means of subsistence, and rendered mere burdens upon the State. But listen to the bounteous manner in which Saskatchewan deals with them.

The following is the list of exemptions in force there:"The following real and personal property of an execution debtor and his family is hereby declared free from seizure by virtue of all writs of execution, namely:

1. The necessary and ordinary clothing of himself and his family;

2. Furniture, household furnishings, dairy utensils, swine and poultry, to the extent of five hundred dollars;

3. The necessary food for the family of the execution debtor during six months, which may include grain and flour or vegetables and meat, either prepared for use or on foot; "(On foot seems a curious expression by the way, more especially when applied to vegetables.)"

4. Three oxen, horses or mules or any three of them, six cows, six sheep, three pigs and fifty domestic fowls, besides the animals the execution debtor may have chosen to keep for

food purposes and food for the same, for the months of November, December, January, February, March, and April, or for such of these months or portions thereof as may follow the date of seizure, provided such seizure be made between the first day of August and the thirtieth day of April next ensuing;

5. The harness necessary for three animals, one wagon or two carts, one mower or cradle and scythe, one breaking plough, one cross plough, one set of harrows, one horse rake, one sewing machine, one reaper or binder, one set of sleighs, and one seed drill;

6. The books of a professional man;

7. The tools and necessary implements to the extent of two hundred dollars used by the execution debtor in the practice of his trade or profession;

8. Seed grain sufficient to seed all his land under cultivation, not exceeding eighty acres, at the rate of two bushels per acre, defendant to have choice of seed, and fourteen bushels of potatoes;

9. The homestead, provided the same be not more than one hundred and sixty acres; in case it be more the surplus may be sold subject to any lien or incumbrance thereon;

10. The house and buildings occupied by the execution debtor, and also the lot or lots on which the same are situate according to the registered plan of the same to the extent of fifteen hundred dollars. C. O., 1898, ch. 27, sec. 2."

Commenting on these bounteous provisions in aid of the execution debtor, a friend of ours who had recently returned from a visit to Saskatchewan, expressed himself as follows:

"Picture to yourself the comfortable dishonest debtor reclining at his ease in his arm chair-part of his $500 stock of furniture-in his $1,500 house, surrounded by his three horses, six cows, six sheep, three pigs, and fifty domestic fowls, with his thrifty $200 stock of tools, and his snug provision of six months food for himself, family and live stock, interviewing his humble and needy creditor, the corner grocery woman, to whom he owes $35 for food supplied, and calmly bidding her 'to go Jericho,' when she pleads for payment of her modest bill, and explaining to her that he hasn't more than two or three thousand dollars for himself, all told, and that, therefore, she must not be so presumptuous as to expect payment of her account, and further picture to yourself the law patting him on the back and aiding and abetting him in this gentle divertisement.

Talk about the robber barons of the Rhine, entrenched in their mountain fastnesses, levying tribute in ancient days on the defenceless peasantry. They were mere shoestring pikers compared to these bloated plutocrats.

The Rhine country may have had its attractions in by-gone days; but for a real whole-hearted, dishonest, debtor, who has resolved to hoist the Jolly Roger, and live at home at ease, toiling not, neither spinning, but preying quietly on his fellow creatures, Saskatchewan is the place to live."

But this is surely too drastic a criticism.

F. P. BETTS.

London, Ont.