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Counterclaim by employer

repealed

two months wages as aforesaid) direct such master or employer
to pay such servant or labourer such further amount as to him
may seem reasonable but not exceeding in any event four
weeks' wages at the rate at which he was being paid by his 1411-12
master or employer when improperly dismissed as aforesaid
together with the costs of prosecution the same to be levied
by distress and sale of the goods and chattels of such master
or employer.

(3) If upon the inquiry by the justice it is made to appear by the oath of the master or employer or some person acquainted with the facts that such master or employer would or might be entitled to a claim in a civil action by the complainant for the recovery of the wages claimed to be due for services rendered or for improper dismissal or both by way of set off or counterclaim the justice shall not further inquire into the transmitted to matter but shall forthwith transmit the information and other papers connected therewith to the clerk or deputy clerk of the [District] Court in whose district or subjudicial district respectively the matter arose. 1909, c. 4, s. 4.

Papers to be

clerk of court

Clerk shall enter

complaint as an action

1

Procedure on trial

Judgment

for instituting proceedings

(4) The clerk or deputy clerk pon receipt of the said information and papers shall immediately enter the complaint as an action under order 47 of the Rules of Court and the information or complaint shall be considered a statement of claim and the statement under oath of the master or servant or other person of the dispute.

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(5) The clerk or deputy clerk shall thereupon forthwith submit the papers to the judge who shall fix a day for the trial até of the said complaint and the procedure thereupon shall be the procedure provided by said order 47.

(6) In the event of the judgment upon the trial by the judge being in favour of the complainant such judgment may be enforced by distress warrant or otherwise in the same manner as if it had been made by the justice before whom the complaint was laid.] 1904, c. 3, s. 3.

Limit of time [4. Proceedings may be taken under this Ordinance within three months after the engagement or employment has ceased or been terminated or within three months after the last instalment of wages under the agreement of hiring has become due whichever shall last happen.] 1904, c. 3, s. 4.

Ordinance applies to contracts

made outside Territories

Civil remedy preserved

[5. The provisions of this Ordinance shall be held to apply in the Territories to contracts and agreements made at any place outside the same.] 1904, c. 3, s. 5.

[6. Nothing in this Ordinance shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or masters may have against

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servants or employees or which servants or employees may have against their masters or employers.] 1904, c. 3, s. 6.

or employer

[7. The term "master" or "employer" wherever used in Master this Ordinance shall include a corporation as well as an individual' or partnership.] 1904, c. 3, s. 7.

CHAPTER 51.

An Ordinance respecting the Legal Profession and the Law Society of the Territories.

(C.O., c. 51.)

Chapter 20, 1907, substituted; amended 1908, c. 20, s. 29.

1909, c. 5, s. 14.

CHAPTER 52.

An Ordinance respecting the Medical Profession.

(C.O., c. 52.)

Chapter 28, 1906, substituted; amended 1908, c. 20, s. 31;

1910 (2nd Session), c. 2, s. 14.

CHAPTER 51.

An Ordinance respecting the Legal Profession and the Law Society of the Territories.

(C.O., c. 51.)

Chapter 20, 1907, substituted; amended 1908, c. 20, s. 29. 1909, c. 5, s. 14.

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