« PreviousContinue »
And notwith any such Actes, Instruments and Documents have already been declared to be unaustanding any judgment to
thentic, invalid and of none effect by reason of the aforesaid informalities, by any
judgment rendered or pronounced before the passing of this Act, in any of Her Majesin any case.
ty's Courts of Law, or in any other Court in that part of this Province which formerly constituted the Province of Lower Canada, in any action or suit brought before any
of the said Courts with regard to such Actes, Instruments and Documents, or on any
opposition, intervention, exception or other proceeding founded on any such Actes, No exception Instruments and Documents; and that no exception of chose jugée (res judicata) with to be founded respect to any such Actes, Instruments or Documents, shall in any case be pleaded on such judg.
against any party bringing any such action after the passing of this Act, on any such Actes, Instruments and Documents so declared unauthentic or invalid by any judgment already rendered in any of the said Courts; any law, usage, or custom to the contrary in anywise notwithstanding.
Such judg. ments to be anulled on memorial to Court which pronounced ihem.
Act to affect
reason of any
II. And be it enacted, That it shall and may be lawful for the parties against whom any such judgment as aforesaid shall have been rendered, or their legal heirs or representatives, to present a memorial to the Court by which any such judgment may have been rendered, pleading therein the present Act and praying that the benefit thereof be granted to such parties; and thereupon, after a reasonable notice shall have been given to all the parties interested in the matter of the said memorial, such judgment shall be considered as revoked, and shall be null and of none effect whatever, and is hereby annulled, set aside and quashed, and the said parties shall be and are hereby
reinstated in all their legal rights, claims and demands, as if such judgment had never Proviso : no been rendered : Provided always, that nothing in this Act contained shall affect, alter thing in this
or prejudice the rights of any party or parties other than the party or parties to any the rights of such Actes, Instruments or Documents, his, her or their legal heirs or representatives, in third parties, acquired by all or any of the cases in which such rights may have been acquired to any third party such judg.
or parties, by reason of any judgment already rendered in and by any of the said
Courts, and not otherwise ; and nothing in this Act contained shall be considered as costs awarded affecting any condemnation to pay costs by and in virtue of any judgment rendered by by any such reason of any informalities in any of the cases mentioned in the present Act. judgment. Style to be ta III. And in order to avoid all difficulties as to the title, style and addition of Nota
ries for the aforesaid part of this Province, Be it enacted, That the Notaries for that in acles passed part of the Province of Canada which heretofore constituted the Province of Lower
Canada, who shall in their Notarial Actes have stated or shall state their qualities of
their limits for which they were or are authorized to act as Notaries, shall for all legal be a sufficient purposes be held and taken to have sufficiently set forth their official capacity and to
have complied with all the requirements of law with regard to the statement of their their quality. qualities as Notaries in Actes passed by or before them.
ken by Notarics hereafter
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act to regulate the duties between Master and Servant, and for other purposes therein mentioned.
[ 28th July, 1847.] HEREAS no Statute is in force to regulate the duties between Masters and Proamble.
Servants or Labourers in that part of the Province formerly Upper Canada ; And whereas it would tend to promote the general interests of society if such duties were better defined and understood: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada ; and it is hereby enacted by the authority of the same, That from and after the passing of this Act, all Verbal as well agreements or bargains between Masters and Servants or Labourers, for the perfor- agreements mance of any duties or service of whatsoever nature, whether such agreement be between masverbal or written, shall, upon due proof, be binding on each party for the due fulfil- to be binding. ment thereof; Provided always, that such verbal agreement shall not exceed the term Proviso.
of one year.
into an enga
II. And be it enacted, That after any such engagement as contemplated by this Act Persons leavshall have been entered into, any person having thereby engaged to perform any ser- of their master vice or work, and who shall, during the period of such engagement, and after the or refusing to commencement of such employment, refuse to go to work, or who shall (without per- ter entering mission or discharge) leave the employ of the party whom he was engaged to serve, or who shall refuse to obey the lawful commands of the person under whose direction contrary theresuch services are to be performed, or who shall neglect the service or injure the pro- liable to panperty of such employer, shall (upon the complaint of such employer, or any person ishment. in charge under him) be liable to punishment for every such offence in the manner hereinafter provided
III. And be it enacted, That if any tavern keeper, boarding-house keeper or other Tavern keepperson, shall induce or persuade any servants or labourers to confederate for demanding servants in extravagant or high wages, and prevent their hiring, then, upon due proof of the offence, confederate for such tavern keeper shall forfeit his license, in addition to any fine, and such boarding- higher wages, house keeper or other person shall be subject to fine or imprisonment, as hereinafter to be also sub
ject to fine, &c. provided.
above £1 10s.
tices of the Peace on re
travention of this Act.
the fine im
Tavern keep- IV. And be it enacted, That the wearing apparel of any servant or labourer shall ers, &c. not to keep wearing not be kept by any tavern keeper or boarding-house keeper in pledge for any expenses apparel pole de incurred to any greater amount than one pound ten shillings currency, on the payment for any amount or tender of which sum, or of any lesser sum due, such wearing apparel shall be im
mediately given up, whatever be the amount due by such servant or laborer: Provided Proviso.
always, that this shall not apply to other property of such servant or labourer. Duty of Jus
V. And be it enacted, That it shall be the duty of any one or more of Her Majesty's
Justices of the Peace for that part of this Province which formerly constituted the Proceiving com
vince of Upper Canada to receive the complaints upon oath of parties complaining of plaints against parties for con- any contravention of the preceding provisions of this Act, and to cause all parties
concerned to appear before him or them, and to hear and determine the same in a summary and expeditious manner, and to punish parties found guilty of the offence alleged by fine or imprisonment, allowing such costs as may be legal and just, and all fines imposed under this Act shall be paid to the Treasurer of the District, Town, or City in which such conviction may be had, to be applied to the general uses of such District, Town or City respectively: Provided always, that no Justice or Justices shall impose any fine exceeding five pounds, and no imprisonment shall exceed one
month, nor be less than one day. Justices of the VI. And be it enacted, That in every case of a summary conviction under this Act commit offend- where the sum which shall be forfeited, or which shall be imposed as a penalty by the ers to Jail, if
Justice, shall not be paid either immediately after the conviction or within such period posed be not as the Justice shall at the time of conviction appoint, it shall be lawful for the convicting paid.
Justice to commit the offender to the Common Jail of the District where such conviction shall have been had, there to be imprisoned for the time limited by such conviction.
VII. And be it enacted, That any person offending against the preceding provisions travening the preceding sec. of this Act may be prosecuted, convicted and punished in any District in which he shall
be found, and the offence shall be deemed to be committed in such District, whether punished in
such District be or be not that in which his employer resides, or in which the contract in which they of service was entered into. shall be found. Justices of the VIII. And be it enacted, That it shall and may be lawful for any one or more such
Justices, upon oath of any such servant or labourer against his master or employer concomplaints by cerning any misusage, refusal of necessary provisions, cruelty, ill-treatment or non-payagainst the ment of wages, to summon such master or employer to appear before him or them at a employer for
reasonable time to be stated in such summons, and he or they or some other Justice or misusage,
Justices shall, upon proof on oath, of the personal service of such summons, examine of wages &c.
into the matter of such complaint, whether such master or employer shall appear or not, and may de
and upon due proof of the cause of complaint, he or they may discharge such servant or labourer from his service or employment, and direct the payment to him of any wages found to be due, not exceeding the sum of ten pounds, and the said Justice or Justices shall and may make such order for payment of the said wages as to him or them shall seem just and reasonable with costs, and in case of non-payment of the same, together with the costs, for the space of twenty-one days after such order shall have been made, it shall and may be lawful for such Justice or Justices to issue his or their warrant of distress for the levying of such wages, together with the costs of conviction and of such distress.
tions may be
termine the same,
made may ap
General Quarter Sessions.
IX. And be it enacted, That any person who shall think himself aggrieved by any Persons consuch conviction or order for the payment of wages; or order for the dismissal from ser- against whom vice or employment, may appeal to the next Court of General Quarter Sessions, which orders shall be shall be holden not less than twelve days after the day of such conviction or order for peal to the the District wherein the conviction or order shall be had; Provided that such person shall give to the complainant a notice in writing of such appeal, and of the cause and Proviso. matter thereof within three days after such conviction, and seven clear days at the least Notice and sebefore such Sessions, and shall also, in the case of such conviction, either remain in cus- given. tody until the Sessions, or enter into a recognizance, with two sufficient sureties before a Justice of the Peace, and in the case of such order shall enter into a like recognizance conditioned personally to appear at the said Sessions, and to try such appeal and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded; and upon such notice being given, and such recognizance being entered into, the Justice before whom the same shall be entered into, shall liberate such person if in custody ; and the Court at such Sessions shall hear and determine the mat- Court of Q. S.
to ter of the appeal, and shall make such order therein with or without costs to either hear and doparty, as to the Court shall seem meet; and in case of the dismissal of the appeal or termine on
. the affirmance of the conviction or order, shall order and adjudge the offender to be punished according to the conviction; or enforce the order for payment of wages or of dismissal from service, and to pay such costs as shall be awarded, and shall, if necessary,
for carrying such judgment into effect.
X. And be it enacted, That the word "party" whenever it occurs in this Act, shall Interpretation include any person or persons, body or bodies politic or corporate, and that all words words. importing the singular number or the masculine gender only, shall include several persons, matters or things of the same kind as well as one person, matter or thing, and females as well as males, unless there be something in the subject or context inconsistent with such interpretation.
XI. And be it enacted, That this Act shall apply to that part of this Province which To apply to formerly constituted the Province of Upper Canada.
Upper Canada only.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.