WORKMEN'S LIENS.
•A, bushfelling'contbact. '....;;.;..■. ''Melson, -,6'ptober 26. , A case of importance, to workmen was decided by Mr. J.'S; Evans,, S.M.; to-day in the action Smith,'and, \ Son v. Morrison.; Plaintiffs were workmen" for a contractor engaged in bushfoiling for> defendant. Defendant '.had failed to retain ,25 per cent, of the contract money, as required, by the Wages ProtectionAct. Plaintiffs gave notice of lien over defendant's land, but omitted to register the claim. No notice of a charge on the money was given. Thirty days after completion of the work plaintiffs commenced proceedings to enforce the lien, without filinga plaint-note. The Magistrate, in giving judgment for de. fendant, held that proceedings to enforce lien is'action within.Seotibn 65 of the Magistrates' Court Act, and the application for a summons should be by : plaint-note.. That! lien was extinguished, and action against the defendant failed, with extinguishment ■•.of the lien, no charge having been attached. He could, not allow notice of charge to be given, or treat the notice' of-lien as; a notice of'charge; after, the time for. giving notice had elapsed. ■V. '
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https://paperspast.natlib.govt.nz/newspapers/DOM19091028.2.68
Bibliographic details
Dominion, Volume 3, Issue 649, 28 October 1909, Page 8
Word Count
178WORKMEN'S LIENS. Dominion, Volume 3, Issue 649, 28 October 1909, Page 8
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