The Threshers' Lien Act

The Threshers' Lien Act creates a 60-day lien for every person who threshes grain or causes it to be threshed for another person for a fixed price. The lien is the remedy to secure payment of the price of threshing the grain.

The lienholder has protection against other creditors because the lien is given priority over other claims against the owner of the grain.

The lien may be enforced even where the threshed grain has been sold except that, in that case, it then becomes a charge against as much of the price as may remain unpaid when notice of the lien is given to the purchaser.

A lienholder may, after having given written notice to the owner of the grain, take a sufficient quantity of the grain to secure payment of the said price. "Sufficient quantity" is determined in accordance with the Act. If the price is not paid within 5 days, the lienholder may sell the grain. In Saskatchewan, "grain" is not limited to particular kinds of grain.

The 60-day lien created under the Act exists regardless of whether the thresher makes a seizure or gives notice of an intention to take the grain, and anyone who receives the threshed grain within 60 days from the completion of the threshing receives it subject to the lien. After the 60 days the lien is at an end unless, in the meantime, the thresher has given the statutory notice and has taken the grain.