Tavern keep ers, &c. not to keep wearing apparel of serfor any amount vant in pledge above £1 10s. Proviso. Duty of Justices of the Peace on receiving complaints against travention of this Act. IV. And be it enacted, That the wearing apparel of any servant or labourer shall not be kept by any tavern keeper or boarding-house keeper in pledge for any expenses incurred to any greater amount than one pound ten shillings currency, on the payment or tender of which sum, or of any lesser sum due, such wearing apparel shall be immediately given up, whatever be the amount due by such servant or laborer: Provided always, that this shall not apply to other property of such servant or labourer. 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 Province of Upper Canada to receive the complaints upon oath of parties complaining of 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. Costs. Proviso. 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 Justice, shall not be paid either immediately after the conviction or within such period as the Justice shall at the time of conviction appoint, it shall be lawful for the convicting 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. ers to Jail, if the fine imposed be not paid. Persons contravening the VII. And be it enacted, That any person offending against the preceding provisions 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 such District be or be not that in which his employer resides, or in which the contract of service was entered into. tions may be punished in any District in which they shall be found. Justices of the Peace may likewise hear the servants against the employer for misusage, non-payment of wages &c. and may determine the same. 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-payment of wages, to summon such master or employer to appear before him or them at a reasonable time to be stated in such summons, and he or they or some other Justice or Justices shall, upon proof on oath, of the personal service of such summons, examine into the matter of such complaint, whether such master or employer shall appear or not, 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. victed or 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 se'curity to be before 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 matter of the appeal, and shall make such order therein with or without costs to either party, as to the Court shall seem meet; and in case of the dismissal of the appeal or 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 necesissue process for carrying such judgment into effect. sary, Court of Q. S. hear and deempowered to termine on such appeal. of certain 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 word 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. Upper Canada 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. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, only. An Act to amend the Act, intituled, An Act to amend the Law constituting the Board of Works. [ 28th July, 1847. ] Future conlating to any matter under the CommisWorks, to made in the name of Her tracts, &c. re the control of sioners of Pub HEREAS it is expedient and necessary to make certain alterations and amend- Preamble. ments in a certain Act passed in the ninth year of Her Majesty's Reign, and intituled, An Act to amend the Law constituting the Board of Works: Be it therefore Act 9, Vict. enacted by the Queen's Most Excellent Majesty, by and with the advice and consent c. 37, cited. 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 all contracts, agreements, stipulations, bargains, arrangements, sales, covenants, or leases made or entered into with any person or persons whomsoever, or body corporate, by the Commissioners of Public Works for, or on account of, or relating to any public work, or any land or real or personal property, or hydraulic or other privilege, or any other matter or thing over or concerning which any power or authority is given to or vested in the said Commissioners, or in Her Majesty the Queen, Her Heirs and Successors, in and by the said first recited Act, or of this Act, shall be made and entered into in the name of Her Majesty, Her Heirs and Successors, and not otherwise: Provided always, that all such contracts, agreements, stipulations, bargains, arrangements, sales, covenants, or leases of or concerning any of the matters hereinbefore mentioned as shall have been made by the said Commissioners before the passing of this Act, shall be valid and effectual to all intents and purposes whatever, whether the same have been made and entered into in the name of the Commissioners of Public Works, or in the name of Her Majesty, Her Heirs and Successors. II. And be it enacted, That all writings or documents which the said Commissioners of Public Works have power or authority to make, sign or execute in the name of Her Majesty, Her Heirs and Successors, shall and may be signed and sealed by the Assistant Commissioner, and countersigned by the Secretary, and shall be as valid and effectual to all intents and purposes whatever, as if signed and sealed by the Chief Commissioner as now required by law; any thing in the said Act to the contrary notwithstanding. be Majesty. Proviso: for&c. shall be valid whether name of Her Majesty or of sioners. mer contracts, made in the the Cominis The Assistant, Commissioner' cuments, &c. executed in may sign do the name of Her Majesty. III. If any party having a claim of any kind for damages arising from any Public Work, or out of any contract with regard to any such work, shall bring such claim before the Commission ers, sioners may within thirty days tender such amount as they may think sufficient. If the tender be not accepted the claim shall be submitted to the arbitrators. What shall be III. And be it enacted, That if any person or persons or body corporate shall have any claim or claims for property taken, or for alleged, direct or consequent damages to property arising from the construction or connected with the execution of any public works in any part of this Province, heretofore undertaken, commenced or performed at the expense of this Province, or of either of the late Provinces of Upper or Lower Canada, or any claim or claims arising or to arise out of or connected with the execution or fulfilment, or on account of deductions made for the non-execution or non-fulfilment of any contract or contracts for the performance of any such public work as aforesaid or any part thereof, made and entered into with the said Commissioners or either of them, either in the name of Her Majesty, Her Heirs and Successors, or in any other manner whatsoever, or with any other Board, or any other Commissioners lawfully authorized to enter into the same on behalf of this Province, or either of the said The Commis- Provinces of Upper or Lower Canada,-it shall and may be lawful for such person or persons or body corporate to give notice of such claim or claims to the said Commissioners of Public Works, stating the particulars thereof, and how the same has or have arisen; and thereupon the said Commissioners may at any time within thirty days after such notice, tender what they shall consider a just satisfaction for the same, with notice that the said claim or claims shall be submitted to the decision of the Arbitrators appointed under the said first recited Act, unless the said sum so tendered is accepted within ten days after such tender, which shall be deemed to be legally made by any written authority for the payment of such sum given under the hand of the said Commissioners or either of them, and notified to the person or persons or body corporate having such claim or claims; and such tender so made shall be sufficient likewise in cases of tender of compensation under the eighth clause of the said first recited Act; Provided always, that before any claim or claims either under this Act, or the eighth clause of the said first recited Act, shall be arbitrated upon, the claimant or claimants thereof shall give security to the satisfaction of the said Arbitrators or any two of them, for the payment of the costs and expenses incurred by the said arbitration, in the event of the award of the said Arbitrators being against such claimant or claimants, or not exceeding such sum so tendered as aforesaid, which costs shall in other cases when the award is in favor of such claimant or claimants be paid by the said Commissioners in addition to the sum awarded, and shall in either case be taxed by the proper officer of the Court of Queen's Bench in Upper or Lower Canada, as the case may be; And provided also, that the award of a majority of the said Arbitrators shall in all cases, either under the said first recited Act or this Act, be as binding and valid as if made by all the said Arbitrators; and that any award made under the said first recited Act or under this Act, shall be subject to all the provisions contained in the said first recited Act for the annulling or confirming awards directed to be made therein; and the remuneration of the said Arbitrators shall in all cases be fixed at the sum of twenty shillings per diem, for every day of attendance upon such arbitration, together with travelling expenses at the rate of ten shillings per diem, velling expen- while engaged in going to, remaining at and returning from the places where such arbitration shall be held. a tender under this Act or Section 8, of 9 Vict, c. 37. Proviso: claimants to give security for the costs of Arbitrration, to the satisfac. tion of the Ar bitrators. Costs how to be taxed. Proviso: award of two Arbitrators to be valid: awards to be subject to be set aside, &c. as provided by 9 Vict. c. 37. Arbitrators to have 20s. per diem and tra ses. Claims having arisen before IV. And be it enacted, That no claims of any nature or kind soever according to the passing of the next preceding section hereof, which shall have arisen before the passing of this this Act to be Act, shall be entertained by the said Arbitrators or any of them, unless such claim shall be brought before the said Commissioners of Public Works within nine months from the passing of this Act. made within nine months after the pas sing hereof. |