2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. APPENDIX THE ALIEN LABOR ACT. (1) (R. S., 1906, c. 97). 1. Short Title.-This Act may be cited as the Alien Labor Act. Added. Sec. 1. Sec. 2. Importation of foreign labor prohibited. It shall be unlawful for any person company, partnership or corporation, in any manner to prepay the transportation, or in any way to assist, encourage or solicit the importation, or immigration of any alien or foreigner into. Canada, under contract or agreement, parole or special, express or implied, made previous to the importation or immigration of such alien or foreigner, to perform labour or service of any kind in Canada. Meaning unchanged. Sec. 3. Sec. 3. Penalty for infringement of prohibition.— For every violation of the last preceding section, the person, partnership, company or corporation violating it by knowingly assisting, encouraging or soliciting the immigration or importation of any alien or foreigner into Canada to perform labour or service of any kind under contract or agreement, express or implied, parole or special, with such alien or foreigner, previous to his becoming a resident in or a citizen of Canada, shall forfeit and pay a sum not exceeding one thousand dollars, nor less than fifty dollars. Slightly altered. (2) As the offence is that of knowingly assisting, etc.. the immigration or importation of any alien or foreigner into Canada to perform labor, etc., a conviction which does not recite that the alleged offence was done knowingly, is bad, as not disclosing an offence known to the law. (3) Sec. 3. Sec. 4. Recovery of penalty by civil action. Unchanged. (2) (1) See pages 1063-5 of the Author's second edition of the Criminal Code for the old Act. (2) These four new sections, 3, 4, 5 and 6, are taken from section 3 of the old Alien Labor Act. (3) R. v. Hayes, 6 Can. Cr. Cas., 357. 2ND EDIT. REVISED STATUTES 1906 REMARKS Sec. 3. THE ALIEN LABOR ACT.—Continued. Sec. 5. Recovery of penalty upon summary conviction.-Such sum may also, with the written consent, to be obtained ex parte, of the Attorney General of the province in which the prosecution is had, or of a judge of a superior or county court, be recovered upon summary conviction before any judge of a county court (being a justice of the peace), or any judge of the sessions of the peace, recorder, police magistrate, or stipendiary magistrate, or any functionary, tribunal, or person invested, by the proper legislative authority, with power to do alone such acts as are usually required to be done by two or more justices of the peace, and when recovered shall be paid to the Minister of Finance. Unchanged. (3a) The purpose of requiring the consent of a judge to a summary prosecution under this Act is to prevent frivolous complaints, and the consent must therefore contain a general statement of the offence alleged, the name of the person in respect of whom the offence is alleged to have been committed and the time and place with sufficient certainty to identify the particular offence intended to be charged. A consent signed by a judge and which is in general terms, specifying merely the person accused but not otherwise identifying the offence charged under the Act is not sufficient to confer jurisdiction upon a magistrate and a summary conviction founded upon such general consent must be quashed. (4) Sec. 3. Sec. 6. Separate proceedings for each alien. Unchanged. (3a) Sec. 2. Sec. 7. Certain contracts, with aliens for services, Sec. 4. Sec. void. Unchanged. 8. Punishment of master of vessel knowingly bringing such aliens as aforesaid to Canada. Unchanged Sec. 5. Sec. Sec. 9. Exceptions or exemptions. Meaning unchanged. Sec. 6. Sec. 10. Return, -to the country whence he came, of an immigrant landed in contravention of the Act. Meaning unchanged. It was held that the expression, "returned to the country whence he came," intends the actual depositing, on foreign soil, of the (3a) These four new sections, 3, 4, 5 and 6, are taken from section 3 of the old Alien Labor Act. (4) R. v. Breckenridge, 10 Can. Cr. Cas., 180; 10 Ont. L. R., 459. 2ND EDIT. REVISED STATUTES 1906 REMARKS alien who is in custody for deportation, and that the extra-territorial constraint thereby assumed is beyond the power of the Dominion Parliament to authorize, that the language necessitates not simply the prisoners' conveyance to the boundary, but their arrival on foreign soil, and that the custody of the prisoners from then until their release was consequently invalid, and their discharge was ordered. (5) But this holding has been recently reversed by the Privy Council, which decided that the Crown undoubtedly possesses the power to expel an alien from Canada or to deport him to the country whence he came, that the Alien Labor Act, assented to by the Crown, delegated to the Dominion Government that power and that the fact that extra-territorial constraint must be exercised in effecting the expulsion does not invalidate the warrant authorizing the same. (6) Sec. 7. Sec. 11. Share of penalty may be paid to informer by the Minister of Finance. (7) Sec. 8. Sec. 12. Advertising for foreign labor deemed a violation of the Act.-It shall be deemed a violation of this Act for any person, partnership, company or corporation to assist or encourage the importation or immigration of any person who resides in or is a citizen of any foreign country to which this Act applies, by promise of employment through advertisements printed or published in such foreign country. Slightly changed, as here set forth. 2. Advertisements, resulting in the coming of such aliens, deemed contracts.-Any such person coming to this country in consequence of such an advertisement shall be treated as coming under a contract as contemplated by this Act, and the penalties by this Act imposed shall be applicable in such case; Provided that this section shall not apply to skilled labor not obtainable in Canada, as hereinbefore specified. The usual manufacturer's advertisement of "Mechanics' wanted" is only an invitation to apply for employment and not a (5) In re Gilbula and Cain, 41 C. L. J., 573; 10 Ont. L. R., 469. (6) Attorney General of Canada v. Gilhula, and Same v. Cain, [1906], A. C., 542; 75 L. J. P. C., 81. (7) Changed by substituting "Minister of Finance" for "Receiver General." 2ND EDIT. REVISED STATUTES 1906 REMARKS "promise of employment," the advertising of which is prohibited by the Alien Labor Statutes. (8) Where, upon a prosecution, under Alien Labor Statutes, it appears that, although the workman was born in the United States, his father was born in Canada, and no evidence is given that either the workman or his father became United States citizens by naturalization, it is to be inferred that the workman is a British subject and not an alien. (9) Sec. 9. Sec. 13. Application of Act. Reciprocity. Unchanged Sec. 9. Sec. 14. Evidence of foreign law. Unchanged. Sec. 15. Powers of Dominion and Provincial Govern ments as to immigration saved. Added. A judge of a county court, in New Brunswick, has no jurisdiction to convict for an offence under the law against the importation and employment of aliens, when such offence is not committed within his territorial jurisdiction. (10). DEMISE OF THE CROWN ACT. Sec. 1. Short Title. (R. S., 1906, c. 101). Demise of the Crown Act. Sec. 2. Government commissions to judges and others not affected by Demise of the Crown. Governor General's proclama tion authorizing continuance. Sec. 3. Validity of acts done between demise and Governor General's proclamation. Sec. 4. Rights and prerogatives of the Crown saved. Sec. 5. Judicial proceedings preserved. Sec. 1. Short Title. Sec. 2. Victoria Day VICTORIA DAY ACT. (R. S., 1906, c. 107). Victoria Day Act. (24th May of every year) a holiday. Sec. 3. When 24th May is a Sunday, the 25th of May shall be a holiday. THE MONEY-LENDERS ACT. (R. S., 1906, c. 122). Sec. 1. Short Title. - The Money-Lenders Act. 2. Definition. Money-lender' in this Act includes any person who carries on the business of money-lending, or (8) Downie v. Vancouver Engineering Works, 8 Can. Cr. Cas., 66. (9) R. v. Hayes, supra. (10) R. v. Forbes, 37 N. B. R., 402; Can. Ann. Dig., (1906), 1. Sec. Sec. MONEY LENDERS' ACT.—Continued. advertises, or announces himself, or holds himself out in any way, as carrying on that business, and who makes a practice of lending money at a higher rate than ten per centum per annum, but does 'not comprise registered pawn brokers as such. 4. Limitation as to small loans. This Act shall not apply to This Act shall not apply to any loan or transaction in which the whole interest or discount charged or collected in connection therewith does not exceed the sum of fifty cents. Sec. 5. Act not to increase existing rate of interest. Nothing in this Act shall operate to increase the rate of interest that may be recovered in any case where by law the rate is fixed at less than twelve per centum per annum. Sec. 6. Interest limited to twelve per cent. per annum. Notwithstanding the provisions of the Interest Act, no moneylender shall stipulate for, allow or exact on any negotiable instrument, contract or agreement, concerning a loan of money, the principal of which is under five hundred dollars, a rate of interest or discount greater than twelve per centum per annum; and the said rate of interest shall be reduced to the rate of five per centum per annum from the date of judgment in any suit, action or other proceeding for the recovery of the amount due. Sec. 7. Power of enquiry by court, and relief of debtor. — In any suit, action or other proceeding concerning a loan of money by a money-lender the principal of which was originally under five hundred dollars, wherein it is alleged that the amount of interest paid or claimed exceeds the rate of twelve per centum per annum, including the charges for discount, commission, expenses, inquiries, fines, bonus, renewals, or any other charges, but not including taxable conveyancing charges, the court may reopen the transaction and take an account between the parties, and may, notwithstanding any statement or settlement of account, or any contract purporting to close previous dealings and create a new obligation, re-open any account already taken between the parties, and relieve the person under obligation to pay from payment of any sum in excess of the said rate of interest; and if any such excess has been paid, or allowed in account, by the debtor, may order the creditor to repay it, and may set aside, either wholly or in part, or revise, or alter, any security given in respect of the transaction. |