IMAGE EVALUATION TEST TARGET (MT-3) A 1.0 E.I f.^ IIIIM I 40 2.0 1.8 1.25 1 1.4 1.6 ^ 6" ^ m m Ta 7 Photographic Sciences Corporation \ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 ^> *« <^ Sf - > ci^ ^ ^!^ 4^ ^ % rii CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques C^ Technical and Bibliographic Notes/Notes techniques et bibliographique« to The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D D n D Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommag6e Covers restored and/or laminated/ Couverture restaurde et/ou pelliculde I I Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes gdographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D Bound with other material/ Reli6 avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajout^es lors d'une restauration appAraissent dans le texte. mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 filmdes. Additional comments:/ Commentaires suppldmentaires; L'Institut a microfilm^ Id meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-Atre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la mdthode normale de filmage sont indiqu6s ci-dessous. □ Coloured pages/ Pages de couleur n Pages damaged/ Pages endommagdes n Pages restored and/or laminated/ P.^gnc ro'si^a(ir6es et/ou pelliculdes pelliculdes led or f oxei Page& dc^odordes. tachet^es ou piqudes Pages detached/ Pages ddtachdes Showthrough/ Transparence Quality of prir Quality indgale de I'impression Includes supplementary materif Comprend du matdriel suppl^mentaire Only edition available/ Seule Edition disponible Tl P< o1 fil Oi b4 th si( ol fil si( 01 I j Pajjf ;.?'oured, stained or foxed/ L — I Page& o-ir-i r~lf Pages detached/ rylr Showthrough/ r^ Quality of print varies/ I I Includes supplementary material/ I I Only edition available/ Tl sli Tl w M di er b< ri< re D Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6;6 filmdes d nouveau de fapon d obtenir la meilleure image possible. This item is filmed at the reduction ratio checked below/ Ce document est filmi au taux de rMuction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X □ 32X The copy filmed h«r« has been reproduced thanks to the generosity of: IMetropolitan Toronto Library Social Sciences Department L'exemplaire filmi fut reproduit grAce k la gtnirositi de: Metropolitan Toronto Library Social Sciences Department The imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. Ail other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on xhe last page with a printed or illustrated impression. Les images suivantes ont 6tA reproduites avec le plus grand soin, compte tenu de la condition et de (a nettet* de l'exemplaire film*, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimte sont fiimAs en commen^ant par le premier plat et en terminant soit par la derniire page qui comporte une empreinte d'impression ou d'illustration. soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmte en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernlAre page qui comporte une telle empreinte. The last recorded frame on each microfiche shell contain the symbol -^(meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants appara!tra sur la derniire image de chaque microfiche, selon le cas: le syrnboie — »■ signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc.. peuvent dtre filmte d des taux de reduction diffdrents. Lorsque le document est trop grand pour 6tre reproduit en un seul clichd. il est fiimi A partir de I'angle sup^rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 : IJ>|l|fi!|^9i|PPpfiPiPP| mm i ■ ' I LABOUR LAWS OF ONTARIO BEING A collection of the Revised Statutes of 1897 and subsequent enactments affecting; the relations of Employers and Employees and other matters of interest to Operatives and Wag;e-Earnv*,rs. COfAPlLED BY ,. ALLAN M. DYMOND LAW CLERK OF THE LEGISLATIVE ASSEMBLY OF ONTARIO >"'', ' "',' I',' ,',''•. ,»"'' '».l o ; '¥ TORONTO : THE HUNTER, ROSE CO., LIMITED. 1898 ^ •'■ --' ! '"■"'l''7'»!Pppp^p!f||||p|pi«^^ s ' l».JpU#l. l »lMt|1 ii | i! |,t.l, i || i! i|)«j . lit 1 ,1 11 .. . 1 I llWj'in M Hp yii^i| i j | | i i|| I UHHI| i|| ^/7^S ••■••• ••• • • •■I • •• • • • •• mmm ^im^^^m CONTENTS. PAGE Mining Regulations 1 Mechanics' and Wage-Earners' Liens 10 Woodmen's Liens 30 Labour on Public Works 42 Wages — Priority of 44 Master and Servant ---45 Trade Disputes .....---- 52 compensatiox for injuries to workmen - - - - 67 Apprentices and Minors 77 Innkeepers 82 Pawnbrokers 84 Di RECTO as' Liability for Wages 92 Mining Companies — Liability of Directors for Wages - - i)3 Co-operative Associations 94 Insurance by Trades Unions 9!) Railway Companies— By-Laws affecting Employees - - 101 Street Railways — Lien for Wages 102 Immigration Aid Societies 102 Municipal Matters 107 Schools for Artisans Ill Public Meetings 112 Lord's-Day Observance 116 Factories 121 Shops — Regulation of 143 Children— Immigration of 156 Egress from Public Buildings 161 Horse- Power Threshing Machines, etc. - - - - - 163 Accidents om Railways - 164 Technical Schools 168 Prisoners — Employment of 170 ■■mmrn^!"-' T— -T COMPILER'S NOTE. \ This collection of the Laws of Ontario affecting Labour and Wages, has been compiled at the suggestion of some of the leading members of Trades Organizations in the Province, in the hope that a wider knowledge of their rights and remedies may prove of substantial value to wage-earners. It is most desirable that all classes should take a lively interest in legislation which has proved of inestimable benefit to the community, and of which, while we do not claim that it has been brought to perfection, the people of this Province may bo justly proud. Our labour laws are a striking evidence of the existence of a progressive and enlightened public opinion, and a desire for fair dealing to- wards those upon whom in so large a measure our national happiness and prosperity depend. A. M. D. Toronto, 15th December, 1898. .k %, -/\^_ ^„T. wmm MINING REGULATIONS. R. S. O. 1897, Cap. 36. An Act respecting Mines. PART IV.— Mining REoutA- TIOHS SB. 69-72. ArpuoATioir of this part, b. 69. Bhplotbis, 88. 60 65. Waobs not to be paid in pdbuc HOUSBS, ETC., a. 66. ASSVAh RRFOR'i.' OF STATISTICS, 8. 67. PbKVKNTION of ACCIDENTS, 88. 68- 72. Fentii-iK unworked mine, a. 68. General rules for mining, a. 69. Notice of new workings, 8 70. Notice of accidents, as. 71, 72. PART v.— Offences and Pen- alties, 88. 73-87. Punishment for diffbbbnt of- fences, 88. 73-80. Prosecution of owners and AGENTS, 88. 80, 81. Inspector mat convict on view, 8. 82. Who hay trt offenders, a. 83. Form of complaint, etc., sb. 84-86. Application op fees and fines, b. 87. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act may be cited as " Tlie Mines Act." 5!) V, c. 9, s. 1. Short title ****** PART IV.— MINING REGULATIONS. APPLICATION OF PART. 59. This Part shall apply to all mines, quarries and pits, and oil, Application of gas and salt wells, and other openings from which ores or minerals of ^"^ IV. any kind or class are raised or taken, and to all furnaces or works for smelting or otherwise treating ores, rocks, clays, sands, oils, brines or other minerals for any economic object ; and all owners or agents of such mines, quarries, pits, wells, furnaces and works shall observe and keep the provisions of this Part, and in case of non-observance thereof shall incur the penalties provided therefor by section 80. 59 V. c. 13, 8. 2. EMPLOYEES. 60. No boy under the age of fifteen years shall be employed in or EmpIoyBMnft allowed to be for the purpose of employment in any mine to which "L'JT'''"'' *"** this Act applies below ground ; and no girl or woman shall be em- ° ployed at mining work or allowed to be for the purpose of employ- ment at mining work in or about any mine. 55 V. c. 9, s. 54. MMMMMiip^!; l-f- 2 ippUPMipnii LABOUR LAWS OF ONTARIO. Hours of em- 61. — ( 1 ) No boy or young male person of the age of fifteen and under ^i^ent of j.jjg ^gg ^£ seventeen years shall be employed or allowed to be for the purpose of employment in any mine to which this Part applies below ground on Sunday or for more than forty-eight hours in any one week, or more than eight hours in any one day. (2) The period of such employment, and the time during which any such boy or person may be below ground for the purpose of employment, shall respectively be deemed to begin at the time of leaving the surface, and to end at the time of returning to the surface. (.3) A week shall mean the period between midnight on Sunday night and midnight on the succeeding Saturday night. 65 Y. c. 9, s. 55 ; 60 V. c. 8, s. 22. ?***'*f'i*j *** ®^' ^^® owner or agent of every mine to which this Part applies k«pt of ladi employed. shall keep in the office at the mine, or in the principal office of the mine belonging to the same owner in the district in which the mine is situated, a register, and shall cause to be entered in such register the name, age, residence and date of first employment of all boys or young male persons of the age of fifteen and under the age of seven- teen years who are employed in the mine below ground, and shall produce such register to any Inapector at the mine at all reasonable times when required by him, and allow him to inspect and copy the same. The immediate employer of every boy or male young person of the age aforesaid, other than the owner or agent of the mine, before he causes such boy or male young person to be in any mine to which this Part applies below ground, shall report to the owner or agent of such mine, or some person appointed by such owner or agent, that he is about to employ such boy or young male person in the said mine. 55 V. c. 9, s. 56. Age Mid MX of 63. Where there is a shaft, inclined plane, or level in any mine penonaem' ployed in connection with engine!, to which this Part applies, whether for the purpose of an entrance to such mine or of a communication from one part to another part of such mine, and persons are taken up, down or along such shaft, plane or level by means of any engine, windlass or gin, driven or worked by steam or by any mechanical power, or by an animal, or by manual labor, no person shall be allowed to have charge of such engine, wind- lass or gin, or of any part of the machinery, ropes, chains or tackle connected therewith, unless he is a male of at least twenty years of age. Where the engine, windlass or gin is worked by an animal, the person under whose direction the driver of the animal acts shall for the purposes of this section be deemed to be the person in charge of the engine, windlass or gin, and no person shall be employed as such driver who is under sixteen years of age. 65 V. c. 9, s. 57. Penalty for 64. If any person contravenes any provision of the four next pre- ofmnons con- ^^^^"^S sections of this Act, he shall be guilty of an offence against trwry to Act. t^is Act, and in case of any such contravention, by any person whom- soever in the case of any mine, the owner and the agent of such mine shall each be guilty of an offence against this Act, unless such owner or agent proves that he had taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the provisions of this Act. 55 V. c. 9, s. 58 (1). IW^^W^ mm'^f^^^mf^^^m^^^m^i^^^mF ^wpp m^f^^ MINING REGULATIONS. 8 65. If it appears that a boy or young person or any person Where pmon employed about an enginu, windlass or gin, was employed on theand*r*8« representation of his parent or guardian that he was of an age &*< fJSiw rapr^" which his employment would not be in contravention of this Act, and lentation. under the belief in good faith that he was of that age, the owner or agent of the mine and the immediate employer shall be exempted from any penalty, notwithstanding such boy or other person was not of an age at which his employment as aforesaid is authorized by this Act, provided such owner, agent or employer shall immediately upon discovery of the fact discharge such boy from such employment, but the parent or guardian shall for the misrepresentation aforesaid be deemed guilty of an offence against this Act 55 V. c. 9, s. 58 (2) ; 60 V, 0. 8, 8. 23. PAYMENT OF WAGES. 66. — (1) No wages shall be paid to any person employed in or p^yj,jy^„ „( about any mine to which this Part applies at or within any public payment of house, beer shop or place for the sale of any spirits, wine, beer or ''•?•• •*P'j|^ other spirituous or fermented liquor, or other house of entertainment, * *'>■«■> or witlun any office, garden or place belonging or contiguous thereto or occupied therewith, (2) Every person who contravenes, or permits any person to con- travene this section shall be guilty of an offence against this Act, and in the event of any such contravention by any person whomsoever the owner and agent of the mine in respect of which the wages were paid shall each be guilty of an offence against this Act, unless such owner or agent proves that he hod taken all reasonable means to prevent such contravention by publishing and to the best of his power enforcing the provisions of this section. 55 V. c. 9, s. 59. ANNUAL STATISTICAL RETURNS. 67. — (1) The owner or agent of every mine, quarry or other works Aonu«l to which this Part applies shall, on or before the 1 5th day of January wtunw by in every year, send to the Bureau of Mines a correct return for the 2g«ite of* year ending on the preceding 31st day of December of the number of mines, persons ordinarily employed in or about such mine below ground and above ground respectively, and distinguishing the different classes and ages of the persons so employed whose hours of labor are regulated by this Act, the average rate of wages of each class and the total amount of wages paid during the year, the quantity in standard weight of the mineral dressed, and of the undressed mineral which has been sold, treated or used during such year, and the value or esti- mated value thereof ; and the owner or agent of every metalliferous Proviaion for mine shall if required make similar returns at the end of each month monthly or or quarter of the calendar year for such month or quarter in order ''"*'*"'y that the same may be tabulated for publication by the Director of the Bureau under the instructions of the Commissioner of Crown Lands. (2) For the purpose of collecting the data of such statistics Schedules to the Director of the Bureau of Mines shall prepare the required be fmrnUhed schedul<>s in such form as he may from time to time deem desirable, ESa^lS!'***' and send the same by mail to be tilled op and returned by the owner or agent of every such mine, quarry or works in the Province. 55 V. c. 9, 8. 60 (1, 2) ; 59 V. c. 13, s. 3 (1) ; 60 V. c. 8, s. 24. »*'*• same shaft is used for raising the material being mined, the first men- ' tioned portion shall be cased or otherwise securely fenced off from the last mentioned portion. 12. Every working shaft in which persons are raised which exceeds Signalling, fifty yards in depth, shall, unless exempted in writing by the Inspec- tor, be provided with guides and some proper means of communicating by distinct and definite signals from the bottom of the shaft, and h. w^^^^ I I OoT«r over- head. Ohaina. Slipping of rope on drum. Brake. LABOUR LAWS OF ONTARIO. from every entrance for the time being in work between the surface and the bottom of the shaft, to the surface, and also of communicating from the surface to the bottom of the shaft, and to every entrance for the time being in work between the surface and the bottom of the shaft. 13. A sufficient cover overhead shall be used when lowering or raising persons in every working shaft, except where it is worked by a windlass, or where the person is employed about the pump or some work of repair in the shaft, or where a written exemption is given by the Inspector. 14. A single linked chain shall not be used for lowering or raising persons in any working shaft or plane except for the short coupling chain attached to the cage or load. 15. There shall be on the drum of every machine used for lowering or raising persons such flanges or horns, and also, if the drum is conical, such other appliances as may be sufficient to prevent the rope from slipping. 16. There shall be attached to every machine worked by steam, wuter or other mechanical power, and used for lowering or raising persons, an adequate brake, and also a proper indicator (in addition to any mark on the rope), which will show to the person who works the machine the position of the cage or load in the shaft. 17. A proper footway or ladder, inclined at the most convenient angle which the space in which the ladder is fixed allows, shall be provided in every working shaft where no machinery is used for raising or lowering persons ; and every such ladder shall jave sub- stantial platforms at intervals of not more than forty feet, and no such ladder shall be fixed for permanent use in a vertical or over- hanging position unless in shafts used exclusively for pumping. In every mine in which vertical or overhanging ladders shall be in use in the shaft at the time these rules were first applied to it, such ladders may be retained if securely fixed platforms are constructed at inter- vals of not more than 30 feet from each other, and such ladders have sufficient spaces for footholds of not less than six inches. 18. If more than twelve persons are ordinarily employed in the mine below ground, sufficient accommodation shall be provided above ground near the principal entrance of the mine, and not in the engine house or boiler house, for enabling the persons employed in the min-i to conveniently dry and change their clothes. Fencing 19. Every fly-wheel and all exposed and dangerous parts of the machinery, machinery used in or about the mine shall be and be kept securely fenced. Inclination of ladders. Drening room. Ganges to boilers and safcty-valTes. Wilful damage. 20. Every steam boiler shall be provided with a proper steam gauge and water gauge, to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety vaive. 21. No person shall wilfully damage, or without proper authority remove or render useless, any fencing, casing, lining, guide, means of signalling, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam-gauge, water-gauge, safety-valve, or other appliance or thing provided in any mine in compliance with this Act. 55 V. c. 9, s. 74 (7-20). f t» «9 Btsssn BBB MINING REGULATIONS. with the work- ing of a mine jg or in respect of ite ofiioem, 70. In any of the following cases namely : Notice of 1. Where any working is commenced for the purpose of opening oonmection a new shaft for any mine to which this Part applies ; 2. Where a sliaft of any mine to which this Part applies abandoned, or the working thereof discontinued ; etc. 3. Where the working of a shaft of any mine to which this Part applies is recommenced after an abandonment or discon- tinuance for a period exceeding two months ; or 4. Where any change occurs in the name of a mine, or in the name of the owner or ageni of a mine to which this Part applies, or in the officers ol any incorporated company which is the owner of a mine to which this Part applies ; the owner or agent of such mine shall give notice thereof to the Inspector within two months after such commencement, abandonment, discontinuance, recommencement or change, and if such notice is not given the owner or agent shall be guilty of an oiFence against tliis Act. 55 y. c. 9, 8. 62 ; ri9 V. c. 13, s. 4. NOTICE OF ACCIDENTS. \ 71. — (1) Where in or about any mine to which this Act applies Notice of acci- whether above oi- below ground, either to b^wntto** 1. Loss of life or any personal injury to any person employed inMK™" °* or .ibout the mine occurs by reason of any explosion of gas, powder or of any steam boiler ; or 2. Loss of life or any serious personal injury to any person employed in or about the mine occurs by reason of any accident whatever, the owner or agent of the mine shall within twenty-four hours next after the explosion or accident send notice in writing of the explosion or accident and of the loss of life, or personal injury occasioned thereby to the Director of the Bureau of Mines, and shall specify in such notice the character of the explosion or accident and the number of persons killed and injured respectively. (2) Where any personal injury, of which notice is required to be sent under this section, results in the death of the person injured, notice in writing of the death shall be sent to the Inspector within twenty-four hours after such death comes to the knowledge of the owner or agent. Evei y owner or agent who fails to act in compliance with this section shall be guilty of an oflfence against this Act. 55 V, c. 9, 8. 61. , 72. The Commissioner of Crown Lands may at any time direct an Special report Inspector to make a special report with respect to any accident in a mine to which this Act applies, which accident has c;.usv.vi loss of life or personal injury to any person, and in such case shall cause such report to be made public at such time and in such manner as he thinks expedient ; and in conducting an enquiry into the cause of loss of life or of personal injury to any person in or about a mine, the Inspector shall have power to take evidence upon oath. 55 Y. c. 9, 8. 67, part ; 57 V. c. 16, 8. 8. LABOUR LAWS OF ONTABIO. B«aii\f for picket. PART v.— OFFENCES AND PENALTIES. lil. Any person who removes, or disturbs with intent to remove, any stake, picket or other mark placed under the provisions of this Act, shall forfeit and pay a sum not exceeding $20 and costs-; and in default of payment of the fine and costs, may be imprisoned for any period not exceeding one month. 55 V. c. 9, s. 45. FuiuBhiiieiit for defacing notices. Penalty for olMtnicting Inspector. 75. Every person who pulls down, injures or defaces any rules, notice or abstract posted up by the owner or agent shall be guilty of an oflFence against this Act. 55 V. c. 9, s. 75. 76. Every person who wilfully obstructs an Tuspector in the execution of his duty under this Act, and every owner or agent of a mine who refuses or neglects to furnish to the Inspector the means necessary for making any entry, inspection, examination or enquiry under this Act in relation to such mine, shall be guilty of an offence against this Act. 55 V. c. 9, s. 65 (2). Reeponaibility 77. Where work of any sort in or about a mine is let to a con- of contractor tractor, he shall observe and carry out all the provisions of Part IV for the prevention of .iccidents, and ii he contravenes any of sucli provisions he shall be guilty of an offence against this Act and shall be liable to the same penalties and may be proceeded against in the same way and to the same extent and effect as if he were an owner or agent. 57 V. c. 16, s. 9. to prevent acoldenti. Contravention of rules to be an offence. Where em- ployee* deem- ed gtiilty. PenalHw. 78. Every person who contravenes or does not comply with any of the general rule.s contained in section 69 shall be guilty of an offence jigainpt this Act, and in the event of any contravention of or non- compliance with any of the said general rules in the case of any mine to which this Act applies by any person whomsoever being proved, the owner and agent of such mine, and any contractor and foreman employed in or about such mine, shall each be guilty of an offence against this Act unless such contractor or foreman proves that he had taken all reasonable means to prevent such contravention or non-com- pliance by publishing and to the best of his power enforcing the said rules as regulations for the working of the mine. 55 V. c. 9, s. 74 (21); 57 V. c. 16, s. 10, part. 79. Every person other than the owner or agent employed in or about a mine who is guilty of any act or omission which in the case of the owner or agent would be an offence against Part IV shall be deemed to be guilty of an offence against the said Part. 56 V. c. 9, s. 69, part. 80. Every owner or agent guilty of an offence against Part IV shall be liable to a penalty not exceeding, except as in this section hereinafter provided, fifty dollars, and any other person guilty of an offence against Part IV aforesaid shall lie liable to a penalty not ex- ceeding, except as in this section hereinaft^er provided, ten dollars : Provided that if the Director of the Bureau of Mines or an Inspector has given written noti: 3 of any such offence having been committed, every such owner, agent or other person shall be liable to a further I iiiUniiii w^ MINING REGULATIONS. penalty not exceeding five dollars for every day that such offence con- tinues after such notice. 55 V. c. 9, s. 69, part ; 59 V. c, 1 3, s. 5. 81. No prosecution shall be instituted against the owner or agent of a mine to which this Part applies for any offence under this Act except by an Inspector, or by the County or District Crown Attorney, or with the consent in writing of the Attorney-General ; and in case the owner or agent of a mine is charged with an offence under this Act he .shall not be found guilty thereof if he proves that he had taken all reasonable means to prevent" the commission thereof, and an In- spector shall not institute any prosecution against an owner or agent if satisfied that he had taken such reasonable means as aforesaid. 55 V. c. 9, s. 71. ****** 83. All prosecutions for the punishment of any offence under this Act except under section 18 may take place before any two or more of Her Majesty's Justices of the Peace having jurisdiction in the county or district in which the offence is committed, or before a Police or Stipendiary Magistrate, or before an Inspector of the mining division under the provisions of The Ontario Summary Convictions Act. .55 V. c. 9, ss. 52, 73. 60 V. c. 8, s. 21. ProMoution of owner or agent. Manner in which prose- cutions may take place. Be\. Stat. c90. 84. Any complaint or information made or laid in pursuance of Limitation of this Act shall be made or laid within three months from the time •"jl"^""/ when the matter of such complaint or information respectively arose, information, and 1. The description of any offence under this Act in the words of this Act shall be sufficient in law. 2. Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence in this Act, may be proved by the defendant, but need not be specified or negatived in the information, and if so specified or negatived, no proof in relation to the matter so specified or negatived shall be required on the part of the prosecutor or informant. S.*) V. c. 9, s. 70. 85. Nothing in this Act shall prevent any person from being in- Prosecntions dieted or liable under any other Act or otherwise to any other or ?* »*' "**' higher penalty or punishment than is provided for any offence by this Act, provided that he shall not be punished twice for the same offence. 55 V. c. 9, s. 72 (1). 86. If the Court before whom a person is charged with an offence Where prose- under this Act thinks that proceedings ought to be taken against such *"*'•*" •'""*'** person for such offence under any other Act or otherwise, the Court another Act. may adjourn the case to enable such proceedings to be taken. 55 V. c. 9, 8. 72 (2). 87. Fees, penalties and fines received under thi'? Act, and the costs Application of of all such convictions as take place before any Inspector or magistrate *®^^J^ appointed under this Act, shall form part of the Consolidated Revenue Fund of this Province, and be accounted for and dealt with accord- ingly ; and the expenses of carrying this Act into effect in any mining diyision shall be paid by the Lieutenant-Governor out of the said Consolidated Revenue Fund. 55 V. c. 9, s. 51. ' ll^mmmm^^K w^tmmi^^^^^^m ■V^pv-iwii HHi 1^ 10 LABOUR LAWS OF ONTARIO. MECHANICS' AND WAGE-EARNERS' LIENS. R. S.O. 1897, Cap. 153. An Act respecting Liens of MechanicH, Wage-Earners and others. i - Short Title, s. 1. Interpretation, b. 2. Contracts waiving rights under Act void, s. 3. Who entitled to lien, b. 4. HCSBAND TO BE DEEMED WIFE's agent, 8. 5. Contracts not to deprive k third party of lien, s. 6. Property on which lien attaches, 8.7. Insurance money, s. 8. Limit of owner's liability, sb. 9, 10 Percentage to be retained by OWNER, 8. 11. Owner may pay lienholders, b. 12. Over what, liens shall have pri- ority, 8. 13. Lien for wages, b. 14. Payjiknt to defeat lien void, 8. 16. Materials not to be removed to prejudice of lien, a. 16. Registration of claim, sb. 17-22. When lien shall cease, ss. 23-25. Death of lienholder, s. 26. Discharge of lien, s. 27. Taking security not to prejudice, 8. 28. Lienholders entitled to infor- mation from owners, 88. 29, 30. Enforcing liens by action, ss. 31- 38. New trial and appeals, b. 39. Costs, sb. 40-45. Payment out, of moneys in court, 8.46. Personal judgment, hn. 47, 48. Forms authorized, b. 49. Act not to apply to liens arising before 7tb April, 1896, s. 50. Persons entitled to lie*' on chat- tels MAY SELL SAME, 8. 61 . How FAR Act applies to rail- ways, 8. 62. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : Short Title. 1. This Act may be cited as Tfie " Mechanics' and Wage-Earneffs' Lien Act." 59 V. c. 35, s. 1. Interpretation 2. Where the following words occur in this Act, or in the schedules hereto, they shall be construed in the manner hereinafter mentioned, unless a contrary intention appears : "ContrMtor." 1. "Contractor" shall mean a person contracting with or employed directly by the owner or his agent for the doing of work or placing or furnishing materials for any of the purposes mentioned in this Act ; " Sub-oontrac- 2. " Sub-contractor " shall mean a person not contracting with or *"'■ employed directly by the owner or his agent for the purposes aforesaid, r-.vfc. niteiirt' 11 "•WflWWl MECHANICS AND WAGE-EARNERS LIENS. 11 'Owner." • but contracting with or employed by a contractor, or under him by another sub-contractor ; 3. " Owner " shall extend to and include any person, firm, associa- ' tion, body corporate or politic, including a municipal corporation and railway company having any estate or interest in the lands upon or in respect of which the work or service is done, or materials are placed or furnished, at whose request and upon whose credit or on whose behalf or with whose privity or consent or for whose direct benefit any such work or service is performed or materials are placed or furnished, and all persons claiming under him or them whose rights are acquired after the work or service in respect of which the lien is claimed is commenced or the materials furnished have been commenced to be furnished ; 4. "Person " shall extend to and include a body corporate or politic, "Person." a firm, partnership or association ; 5. "Material" or " materials" shall include every kind of movable "Material." property. 59 V. c. 35, s. 2 (1-5). 6. "Wages" shall mean money earned by a mechanic or labourer Meaning of for work done, whether by the day or as piece work. 59 V. c. 35, s. "Wages." 13 (6). 7. " Registry ofiice " shall include land titles office. 59 V. c. 8. 2 (6). 35 ''Regiftry ' Office." 3. — (1) Every agreement or bargain, verbal or written, express or Contracts implied, which has heretofore been made or entered into, or which may waiving ap- hereafter be make or entered into, on the part of any workman, ser- ^^ ^^ vant, labourer, mechanic, or other person employed in any kind of be void, manual labour intended to be dealt with in this Act, by which it is agreed that this Act shall not apply r that the remedies provided by it shall not be available for the benent of any person entering into such agreement, is and shall be null and void and of no efiect as against any such workman, servant, labourer, mechanic, or other person. 59 V. c. 38, 8. 3. (2) This section shall not apply to any foreman, manager, officer or other person whose wages are more than $3 a day. 59 V. c. 38, s. 12. 4. Unless he signs an express agreement to the contrary, and in Nature of that case subject to the provisions of section 3, any person who per- lien- forms any work or service upon or in respect of, or places or furnishes any materials to be used in the making, constructing, erecting, fitting, altering, improving or repairing of any erection, building, railway, land, wharf, pier, bulkhead, bridge, trestlework, vault, mine, well, excavation, or fence, sidewalk, paving, fountain, fishpond, drain, sewer, aqueduct, roadbed, way, fruit and ornamental trees, or the appurten- ances to any of them, for any owner, contractor or sub-contractor, shall by virtue thereof have a lien for the price of such work, service or materials upon the erection, building, railway, land, wharf, pier, bulk- head, bridge, trestlework, vault, mine, well, excavation, fence, side- walk, paving, fountain, fishpond, drain, sewer, aqueduct, roadbed, waj, fruit and ornamental trees, and appurtenances thereto, and the lands occupied thereby or enjoyed therewith, or upon or in respect of which the said work or service is performed, or upon which such materials are placed, or furnished to be used, limited however in amount to the mmm I |i,(iw«,'|!.j»i||W|^!l,jjl5iiii)iji jjfii^iii , 12 LABOUR LAWS OF ONTARIO. sum justly due to the person entitled to the lien and to the sum justly owing (except as herein provided) by the owner. 69 V. c. 35, s. 5 ; 60 V. c. 24, s. 1. 6. Where work or services is done or materials are furnished upon or in respect of the lands of any married woman with the privity and consent of her husband he shall be conclusively presumed to be acting as well for himself and so as to bind his own interest, and also as the agent of such married woman for the purposes of this Act, unless the person doing such work or service or furnishing such materials shall have had actual notice to the contrary before doing such work or fur- nishing such materials. 59 V. c. 35, s. 3. Coutractg 6. No agreement shall be held to deprive anyone otherwise entitled third' art '*^* ^ * ^^^^ under this Act, and not a party to the agreement, of the bene- of lien. fit of the lien, but the lien shall attach, notwithstanding such agree- ment. 59 V. c. 35, s. 4. Work dune or materiala fur- nished on lands of married women. which hen shall attach. ■ 1 Propieij^upon 7. — (1) The lien shall attftch upon the estate or interest of the owner as defined by this Act in the erection, building, railway, land, wharf, pier, bulkhead, bridge, trestlework, vault, mine, well, excava- tion, fence, sidewalk, paving, fountain, fishpond, drain, sewer, aque- duct, roadbed, way, fruit and ornamental trees and the appurtenances thereto, upon or in respect of whicli the work or service is performed, or the materials placed or furnished to be used, and the lands occupied thereby or enjoyed therewith. (2) In cases where the estt»te or interest charged by the lien is lease- hold the fee simple may also, with the consent of the owner thereof, be subject to the said lien, provided such consent is testified by the signature of such owner upon the claim of lien at the time of the re- gistering tliereof, and duly verified. (3) In case the land upon or in respect of which any work or service is performed, or upon or in respect of which materials are placed or fur- nished to be used, is incumbered by a prior mortgage or other chorge, and the selling value of the land is increased by the work or service, or by the furnishing or placing of the materials, the lien under this Act shall be entitled to rank upon such increased value in priority to the mortgage or other charge. 59 V. c. 35, s. 6 (1-3). Application of 8. Where any of the property upon which a lien is given by this whei^ra ^^^ ^^ wholly or partly destroyed by fire, any money received by reason attaches. of any insurance thereon by an owner or prior mortgagee or chargee shall take the place of the property so destroyed, and shall be subject to the claims of all persons for liens to the same extent as if such moneys *vere realized by a sale of such property in an action to enforce a lien. 59 V. c. 35, s. 7. Where estate charged is leasehold. Prior mortgage Limit of amonnt of lien.. 0. Save as herein provided the lien shall not attach so as to make the owner liable for a greater sum than the sum payable by the owner to the contractor. 59 V. c. 35, s. 8. Limit of lien lO. Save as herein provided where the lien is claimed by any other i^ TOme oOier Person than the contractor, the amount which may be claimed in re- than con- spect thereof shall be limited to the amount owing to the contractor traotor. RiW^ I), ,fW- 1 >l ■mMPMHip IIHIIiPI-Mijilimn mechanics' and wage-earners' liens. 18 I or sub-contractor or other persons for whom the work or service has been done or the materials have been placed or furnished. 59 V. c. 35, s. 9. ' 11. — (1) In all cases the person primarily liable upon any contract Percentage to under or by virtue of which a lien may arise under the provisions of ^^j^^^*'^ this Act shall, as the work is done or materials are furnished under the by o\nier for contract, deduct from any payments to be made by him in respect of tnirty days, the contract, and retain for a period of thirty days after the completion or abandonment of the contract twenty per cent, of the value of the work, service and materials actually done, placed or furnished as men- tioned in section 4 of this Act, and such values shall be calculated on the basis of the price to be paid for the whole contract ; Provided that Proviso, where a contract exceeds $15,000 the amount to be retained shall be fifteen per cent, instead of twenty per cent, and the liens created by this Act shall be a charge upon the amounts directed to be retained by this section in favour of sub-contractors who liens are derived under persons to whom such moneys so required to be retained are respective- ly payable. 60 V. c. 24, 8. 2 (1). (2) All payments up to eighty per cent, (or eighty-6ve per cent. Payments where the contract price exceeds $15,000) of such value made in good J^jjj^^jlljljjj faith by an owner to a contractor, or by a contractor to a sub-corn rac- notice of lien, tor, or by one sub-contractor to another sub-contractor before notice in writing of such lien given by the person claimining the lien to the owner, contractor, as the case may be, shall operate as a discharge pro ?anl to be used as therein mentioned, and shall within titled to lien, three days afterwards give, by letter or otherwise, written notice of such payment to the contractor or his agent or to the sub-contractor or his agent, as the case may be, such payments shall, as between the owner and the contractor, or as between the contractor and the sub- contractor, as the case may be, be deen ed to be payments to the con- tractor or sub-contractor, as the case may be, on his contract generally, but not so as to aflfect the percentage to be retained by the owner, as provided by section 11 of this Act. 59 V. c. 35, s. 11. 13. — (1) The lien created by this Act shall have priority over all Priority of judgments, executions, assignments, attachments, garnishments and''^"- receiving orders recovered, issued or made after such lien arises, and over all payments or advances made on account of any conveyance or mortgage after notice in writing of such lien to the person mak- ing such payments or after registration of such lien as hereinafter provided. tSESIHBHI r 14 AKreeniKiits for purchaBe where part of pur- chase money unpaid. Priority among lien- holders. LABOUR LAWS OF ONTARIO. (2) In case of an agreement for the purchase of land, and the pur- chase money or part thereof is unpaid, and no conveyance made t" the purchaser, the purcliaser shall, for the purposes of this Act and within the meaniug thereof, be deemed a mortgagor and the seller a mort- Priority of lien for wages, Enforcing lien in such cases. Calculating percentage when contract not fulfilled. Percentage not to be otherwise applied. Devices to defeat priority of wage- «amers. (3) Excepting where it is otherwise declared by this Act, no person entitled to a lien on any property, or to a charge on any moneys under this Act shall be entitled to any priority or preference over another person of the same class entitled to a lien or charge on such property or moneys under this Act, and each class of lien holders, except where it is otherwise declared by this Act, shall rank pari passu for their several amounts, and the proceeds of any sale shall, subject as afore- said, be distributed among them pro rata according to their several classes and rights. 59 V. c. 35, s. 1 2. 14. — (1) Every mechanic or labourer whose lien is for work done for wages shall, to the extent of thirty days' wages, have priority over all other liens derived through the same contractor or sub-contractor to the extent of and on the twenty per cent, or lift' en per cent., as the case may be, of the contract price directed to be retailed by section 11 of this Act, to which the contractor or sub-contractor through whom such lien is derived is entitled, and all such mechanics and labourers shall rank thereon ^Jffln ^ssm. 59 V. c. 35, s. 13 (1) ; 60 V. c. 24, s. 3. (2) Every wage earner shall be entitled to enforce a lien in respect of the contract not completely fulfilled. (3) In case of the contract not having been completely fulfilled when the lien is claimed by wage-earners, the percentage aforesaid shall be calculated on the work done or materials furnished by the contractor or sub-contractor by whom such wage-earners are employed. (4) Where the contiactor or sub contractor makes default in com- pleting his contract the percentage aforesaid shall not, as against a wage-earner claiming a lien under this Act, be applied to the comple- tion of the contract or for any other purpose by the owner or contrac- tor, nor to the payment of damages for the non-completion of the con- tract by the contractor or sub-contractor, nor in payment or satisfaction of any claim of any kind against the contractor or subcontractor. (5) Every device by any owner, contractor or sub-contractor adopt- ed to df'feat the priority given to wage-earners for their wages by this Act shall, as respects such wage-earners, be null and void. 59 V. c. 35, s. 13 (2-5). , Payments made for put 15. Nothing in this Act contained shall apply to make legal any . payment made for the purpose of defeating or impairing a claim for a Hig^laim^for ^^^^ arising or existing under this Act, and all such payments shall be lien. taken to be null and void. 59 V. c. 35, s. 14. Restraining 16. — (1) During the continuance of a lien no portion of the mater- attempt to ials affected thereby shall be removed to the prejudice of the lien, and iaftSfe'cted by *"y »«'ttempt at such removal may be restrained on application to the lien. High Court, or to a judge or officer having power to try an action to realize a lien under this Act. Costs. (2) The Court, Judge or officer lo whom any such application is maide, may make such order as to the costs of and incidental to the application and order as he deems just. ■■ iSnl mm " Jnnji" 1 1 mechanics' and wage- earners' liens. 15 (3) When any material is actually brought upon any land to be used ^^J**^ *"'* in connection with such land for any of the purposes enumerated in "ertata pur- section 4 of this Act, the samo shall not be subject to execution or poses not other process to enforce any debt (other than for the purchase thereof) *° ^ subjeot due by the person furnishing the same. 59 V. c. 35, a. 15. 17; — (1) A claim for lien applicable to the case may be registered ReBi»t'»^on in the registry office of the registry division or where the land is regis- Ugn_ *" *" terod under 27*6 Land Titles Act in the land titles office of the locality -g^y q^^^ in which the land is situated, and shall set out : — c. 138. (a) The name and residence of the person claiming the lien and of the owner of the property to be charged (or of the person whom the person claiming the lien, or his agent, believes to be the owner of the property to be charged) and of the person for whom and upon whose credit the work (or service) was or is to be done, or materials furnished or placed, and the time or period within which the same was, or was to be, done or furnished or placed ; (b) A short description of the work (or service) done or materials . furnished or placed or to be furnished or placed ; (c) The sum claimed as due or to become due ; 59 V. c. 35, s. 16 (1 a-c). (d) A description of the land to be charged sufficient for the purpose Rev. Stat, of registration, and where the land is registered under Thv Land"- ^^* I'itles Act such claim shall also contain a reference to the number of the parcel of the land and to the register in which such land is registered in the Land Titles office. (e) The date of e.xpiry of the period of credit (if any) agreed by the lienholder for payment for his work (or service) or materials where credit has been given. (2) The claim may be in one of the forms given in the schedule to Form of this Act and shall be verified by the affidavit of the person claiming ola"™- the lien or of his agent or assignee having a personal knowledge of the matters required to be verified and the affidavit of the agent or assignee shall state that he has such knowledge. R. S. O. 1887, c. 116, s. 55; 59 V. c. 35, s. 16. (3) When it is desired to register a claim for lien against the lands Descriptiou of of a railway company, it shall be a sufficient description of such lands j?""^* where 11611 rQflri fit orflrt to describe them as the lands of such railway company and every such agajngt rail- claim for lien shall be registered in the general registry in the registry way. office for the registration district where such lien is claimed to have arisen. 60 V. c. 24, s. 4. 18. A claim for lien may include claims against any number of What may be properties, and any number of persons claiming liens upon the same'?^^™™ property may unite therein, but where more than one lien is included in one claim each lien shall be verified by affidavit as provided in section 17 of this Act. 59 V. c. 35, s. 17. 19. — (1) A substantial compliance with sections 17 and 18 of this Claims not i« Act shall only be required, and no lien shall be invalidated by reason J* '?^*1''^***^ > * tor inionQ^J* of failure to comply with any of the requisites of the said sections jty, unless in the opinion of the court, judge or officer who has power to wfmifmvmm^Wf '■Ty^f/ . 16 LABOUR LAWS OF ONTARIO. try an action under this Act, the owner, contractor or sub-oontraotor, mortgagee or other person, as the case may be, is prejudiced thereby, and then only to the extent to which he is thereby prejudiced. (2) Nothing in this section contained shall be construed as iis- pensing with registration of the lien required by this Act. 59 V " 35, s. 18. c. Lien to be registered M Ml enoum- bnmoe. Fee for leglitrktion. Mumer of regbtration. 20. — (1) The registrar, upon payment of his fee, shall register the claim, so that the same may appear as an incumbrance against the land therein described. (2) The fee for registration shall be twenty-five cents. If several persons join in one claim, the registrar shall be entitled to a farther fee of ten cents for every person afte:- the first. (3) The registrar shall not be bound to copy in any registiy book any claim or affidavit, but he shall number each claim, and shall insert in the alphabetical and abstract indexes the like particulars as in other oases ; he may describe the nature of the instrument as " Mechanics' Lien." 59 V. c. 35, s. 19. Lienholder to 21. Where a claim is so registered, the person entitled to the lien be deemed a slmW be deemed a purchaser pro tanto, and within the provisions of R«T Stat ^^ Registry Act, but except as herein otherwise provided, Th« Begtatry o. 136. Act shall not apply to any lien arising under this Act. 59 V. c. 36, s. 20. be registered. Claimefor 22. — (1) A claim for lien by a contractor or sub-contractor may, i!f^7JifL^ ^^ cases not otherwise provided for, be registered before or during the "" performance of the contract or within thirty days after the completion thereof. (2) A claim for lien for materials maybe registered before or during the furnishing or placing thereof or within thirty days after the fur- nishing or placing of tlie last material so furnished and placed. (3) A claim for lien for services may be registered at any time during the performance of the service or within thirty days after the completion of the service. (4) A claim for lien for wages may l)e registered at any time daring the performance of the work for which such WKges are claimed, or within thirty days after the last day's work for which the Hen is claimed. 59 V. c. 35, s. 21 ; 60 V. c. 24, s. 5. fixed by Act. Rev. Stat, c. 138. Liens to cease 93. Every lien which is not duly registered under the provisions of "jt^SS*^*"** this Act shall absolutely cease to exist on the expiration of the time within time hereinbefore limited for the registration thereof unless in the mean- time an action is commenced to realize the claim, or in which the claim may be realized under the provisions of this Act, and a certifi- cate thereof according to Form 6 in the schedule hereto, signed by the proper officer of the Court, is duly registered in the registry office of the registry division, or where the land is registered under The Land Titles Act, in the land titles oiuoe of the locality wherein the lands in respect of which the lien is claimed are situate. 59 V. c. 35, 8. 22 ; 60 V. c. 3, s. 3 ; c. 15, Sched. A (76). ipp ■■^•^Fw^'fwpnniwi^frw^ mechanics' and waoe-earners' liens. 17 24. —(1) Every lien which has been duly registered under the pro W.ien Utn to visions of this Act shall absolutely cease to exist after the expir ^-•'"■J *' '"Bi"- ation of ninety days after the work of service has been completed pro^eaded up- or materials have been furnished, or placed, or the expiry of the on. period of credit, where such period is mentioned in the claim of lien registered, unless in the meantime an action is commenced to real- ize the claim under the provisions of this Act, or an action is com- menced in which the claim may be realized under the provisions of this Act, and a certificate registered as required by the next preceding sec- tion. 59 V. c. 35, 8. 23 (1) ; GO V. c. 15, sched. A (76). (2) The registration of a lien shall ceaso to have any efiPect at Lien to expire the expiration of six months from the registration thereof, unless ^ *t^, unlMii the lien shall be again registered within the said period, except, in the renewed, meantime, proceedings have been instituted to realize the claim and a certiticate thereof has been duly registered in the proper registry or land titles office. 59 V. c. 35, s. 23 (2;. • 25. If there is no period of credit, or if the date of the expiry of ^'*"' ."i*?! *** the period of credit is not stated in the claim so registered, the lien j**^ Jeri^'of shall cease to exist upon the expiration of ninety days after the work credit. or service has been completed or materials furnished or placed, unless in the meantime an action shall have been commenced and a certificate registered as required by section 23 of this Act. 69 Y. c. 35, s. 24. 26. In the event of the death of a lien holder his right of lien Ueath of lien- shall pass to his personal representatives ; and the right of a lien-hold- l>oWe'> er may be assigned by any instrument in writing. 59 Y. c. 35, s, 25. 27. — (1) Alienmaybe discharged by a receipt signed by the claim- Diaoliarge of ant or his agent, duly authorized in writing, acknowledging payment, '**'*• and verified by affidavit and registered ; such receipt shall be number- ed and entered by the Registrar like other instruments but need not be copied in any book, but the Registrar shall enter against the entry of the lien to which the discharge relates the word " discharged," and state the registration number of such discharge ; the fees shall be the same as for registering a claim of lien. (2) Upon application the court or judge or other officer having Security or power to try an action to realize a lien, may receive security or pay-P'y™*'^* '"*<> ment into court in lieu of the amount of the claim and may thereupon eating lien vacate the registration of the lien. thereon. (3 J The court or such judge or other officer may vacate the said reg- Vacating reg- istration upon any other ground. istration on (4) Where the certificate required by section 23 or section 24 of Wlien notice this act has not been registered within the time limited, and an appli- '^ app^tion cation is made to vacate the registration of a lien after the time for requisite, registration of the certificate required by sections 23, 24 and 25 of this Act, the applicant shall not be required to give notice of the ap- plication to the person claiming the lien, and the order vacating the lien may be made ex parte upon production of the certificate of the proper registrar certifying the facts entitling the applicant to such or- der. 59 Y.c. 35, s. 26(1-4). 2 •l*Mi »>J^ .* . . *w^«tfcj|fc*A - ---"ii i[f-fr-i 18 LABOUR LAWS OF ONTARIO. CarUlnaota 28. The taking of any security for, or the acceptance of any ■•» to pn»j»- promissory note for, or the taking of any other acknowledgment of the •nfJrofllin!' claim, or the giving of time for the payment of the claim, or the tak- ing of any proceedings for the recovery of the claim or the recovery of any personol judgment for the claim, shall not merge, waive, p»y, satisfy, prejudice or destroy any lien created by this Act^ unless the lien-holder agrees in writing that it nhall have that effect ; provided, however, that a person who has extended the time for payment of any claim for which he has n lien under this Act to obtain the benefit of this sub-section shall commence an action to enforce such lien within the time limited by this Act, and register a certificate as required by sections 23, 24 or 25 of this Act, but no further proceedings shall be taken in the action until the expiration of such extension of time ; provided further, that notwithHtanding such extension of time, such person may, where an action is commenced by any other person to en- force a lien against the same property, prove and obtain payment of his claim in such action, as if no such extension had been given. 59 V, 0. 36, 8. 26 (5). Llen-liolden 20. Any lien-holder may at any time demand of the owner or his to be •ntitled agent, the terms of the contract or agreement with the contractor for from owner Mi^nd in respect of which the work, services or materials is or are per- to termi of formed or furnished or placed, and if such owner or his said agent contract. ^jj^^jj ^^^^^ ^^ ^^^^ ^^^^ ^j ^^^^ demand or within a reasonable time thereafter, inform the person making such demand, of the terms of such contract or agreement, and the amount due and unpaid upon such . contractor agreement, or shall intentionally or knowingly falsely state the terms of such contract or agreement, oi' ihe amount due or unpaid thereon, and if the person claiming the lien shall sustain loss by reason of such refusal or neglect or false statement, the said owner shall be liable to him in an action therefor to the amount of such loss. .j9 V. c. 35, s. 27 ; 60 V. c. 24, s. G. Order for ingpeotion of contract by lien-holder. 30. The court or judge, or other officer having power to try an action to realize u lien, may on a summary application at any time before or after any action is commenced for the enforcement of such lien, make an order for the owner or his agent to produce and al- low any lien-holder to inspect any such contract, and may make such an order as to the costs of such application and order as may be just. 59 V. c. 35, 8. 28. Mode of 31. —(1) The liens created by this Act may be realized by actions in realizing liei a. jhe High Court according to the ordinary procedure of that court, excepting where the same is varied by this Act. (2) Without issuing a writ of summons, an action under this Act shall be commenced by filing in the proper office a statement of claim, verified by affidavit. (Form 5. ) (3) The statement of claim shall be served within one month after it is filed, but a Judge or other officer having power to try the action may extend the time for service thereof, and the time for delivering a statement of defence (Forms 7 and 8) shall be *he same as for entering an appearance in an action in the High Ccurt. Pf(4) It shall not be necessary to make any lien-holdei s j^arties defen- dant to the action, but all lien-holders served with the notice of trial mechanics' and WAOE-GARNEIts' LIENS. 19 m shall fur nil purposes be treated as if tliey were parties to the action. 69 V. 0. 35, 8. 29. 32. Any number of lien-holders, claiming liens on the same pro- Llen-hojdtrs pertv, may join in an action, and any action brought by a lien holder |^°'^"J^'J* '" shall be taken to be brought on behalf of all other lien-holders on the property in question. 69 V. c. 36, s. 30. 33. An action to enforce a lien may be tried by the Master in Or- Who m»y try dinary, a Local Master of the High Court, an Official Referee, or » J°f|,°°,*u,iu Judge of the County Court, in any county or judicial district in which the lands are situate ; or by a Judge of the High Court of Justice at any sittings of that court for the trial of actions. 59 V. c. 36, s. 31. 34. The Master in Ordinary, the Local Masters, Official Referees, Powers of oer and the County Judges, shall have, in addition to their ordinary **'" "*''•'•'*• powers, all the jurisdiction, powers and authority, of the High Court or a Judge thereof, and of the said Master in Ordinary, to try, and otherwise completely dispose of, an action to realize a lien, and all questions arising in such action, including the giving or refusing of the costs hereinafter provided. 59 V. c. 35, s. 32 ; 60 V. c. 24, s. 7. 35. — (1) After the delivery of the statement of defence where the AppointinK plaintiff's claim is disputed, or after the time for delivery of ''•^ '"^ *'^'* defence in all other cases where it is desired to try the action other than at the ordinary sittings of the High Court, either party may ap- ply to a Judge or other officer who has the power to try the action, to tix a day for the trial thereof, and the said Judge, or other officer, shall give an appointment fixing the day and place of trial, and on the day iixed, or on such other day to which the trial may be adjourned, shall proceed to try the action, and all questions which arise therein, or which are necessary to be tried, to completely dispose of the action Trial, and to adjust the rights and liabilities of the persons appearing before him or upon whom the notice of trial has been served, and at the trial he shall take all accounts, make all enquiries, and give all directions, and do all other things necessary to try and otherwise finally dispose of the action and of all matters, questions and accounts arising in the action or at the trial, and to adjust the right and liabilities of, and give all necessary relief to, all parties to the action or who have been served with the notice of trial, and shall embody all the results in the judgment (Form 13). (2) The Judge or officer who tries the action may order that the Estate may be estate or interest charged with the lien may be sold, and when, by the'°'d- judgment, a sale is directed of the estate or interest charged with the lien, the Judge or officer who tries the action may direct the sale to take place at any time after judgment, allowing, however, a reasonable time for advertising such sale. (3) The Judge or officer who tries the action may also direct the Sale of sale of any materials and authorize the removal thereof. material*. (4) Any lien-holder, who has not proved his claim at the trial of an Letting in action to enforce a lien, on application to the Judge, or officer who Uwi-holders tried the action on such terms as to costs and otherwise as may be just, proved ^^ may be let in to prove his claim at any time before the amount realized olaima attriaL "I 'lf l * ^mm^fntfim^lffmmrm^mm I. Mli*M.^.'«liU«ifl>»i.i.« 20 LAIiOnt LAWS OF ONTARIO. IliKbt of lien holders tu attend at trial. Keport where sale is b.iH, in the action for tlie .satisfaction of litms has been distriljuted, and wheie such a elHiin is proved imtl allow "d the Judge or officer shall amend the judgment so as to include such claims therein. (5) Any jien-hulder for an amount not exceeding 8100, or any lien- holder not a party to the action, may attend in person at the trial of an action to enforce a lien, and on any j loceedings in such action, or may be represented thereat or thereon by a solicitor or by an agent who is not a solicitor. (G) When a sale is had the Judge or otHcer with whose a])probat ion the lands are sold shall make a report on the sale and therein direct to whom tlie moiK^ys in court shall be paid, and may add to the, claim of the person conducting the sale his actual d siiur.sements incurred in connection therewith, and where sufficient to satisfy the judgment and costs is not realized from the sale, he shall jertify the amount of the deficiency and the names of the persons, with their ai..ounts, who are enti'led to recover the .same, and the persons by the judgment adjudged to pay the same, and such persons shall be entitled to enforce the same by execution or otherwise as a judgment of the court. 69 V. c. 35. s. 33. Notice of trial, and service of. 3H. The party obtaining an appointment fixing the day and phice of trial shall, at least eight clear days before the day fixed for the trial, serve a notice of trial which may be in Form 10 in the Schedule to this Act, upon the solicitors for the defendants who appear by solicitors, and on all lien-holders who have registered their liens as required by this Act, or who are known to him, and on all other persons having any charge or incumbrance, or claims on the said lands, who are not parties, or who, being parties, appear personally in the said action, and such service shall be personal unless otherwise directed by the Judge or officer who is to try tlie case, who may, in lieu of personal service, direct in what manner the notice of trial may be served. 59 V. c. 35, s. 34. Consolidation of actions. 37. When more than cme action is brought to realize liens in respect of the same property, a Juc'ge or other officer having power to try such actions may, on the application of any party to any one of such ac- tions, or on the application of any other per.son interested, con.solidate all such fictions into one action, and may give the conduct of the con- solida'^ed action to any plaintifi' he sees fit. 59 V. c. 35, s. 35. TraHiif erring carriage of proceedings. 38. Any lieiiholder entitled to the benefit of the action may apply for the carriage of the proceeding.s, and the Judge, or any other officer having power to try the action, may thereupon make an order giving such lienholder the carriage of the proceedings, and such lienholder shall fi r all purposes thereafter be the plaintiff in the action. 59 V. c. 3.% s. 36. Where Judg. I{J>.— (1) In all actions where the total amount of the claims of the ^flj.at'jligt^n^ plaintiff" and other persons claiming liens is .SIO ) or les.s, the judgment to be final. ohall Ix* final, binding, and without appeal, tixcept, that the Judge or officer who tried the same may, upon application, within fourteen days after judgment is pronounced, grant a new trial. 59 V. c. 35, s. 38 ; 60 V. c. 24, s. 9. MKCHANICS' AND WAGE- EARNERS' LIKNS. 21 (2) In (ill actions wheio tlie total amount of the claims of the plain- Where appeal - • ■ - - - — - jq divisiona? court final. tiff and other persons claiming liens is more than $100 and not more*"""'"'""*' than $200, any person iffected thereViy nuiy appeal therefrom to a Divisional Court, whose judgment shall be linal and binding on the appellant, but the respondent may appeal therefrom to the Court of Appeal, whose judgment shall be final an.l binding on all parties. 60 V. c. 15, Sched. A i77) ; c. 24, s. 10, (1'. (3) In all other cases an appeal may be had in like manner and to Aijpeal in the same extent as from the decision of a Judge trying an action in the ° '®' o^es. High Court without a jury. GO V, c. 24, s. 10 (2). 4C. No fees in stamps or money shall be payable to any Judge or Limit of fees other officer in any action brought to realize a lien under (his Act, nor '" ">oney or on any hling, order, record or judgment, or other procoeding in such act' on, excepting that every person other than a wag -earner shall, on filing his statement of claim where he is a plaintiflF, or on filing his claim where he is not a plaintiff, pay in stamps one dollar on every one hundred Jollari, or fraction of one hundred dollars, of the amount of his claim up to one thousand dollars. 59 V. c. 35, s. 37. 60 V. c. 24, 8. 8. 41. The costs of the action under this Act awarded by the Judge Limit of coats or officer trying the action, to the plaintiffs and successful lien-holders *° plaintiff- shall not exceed in the aggregate an amount equal to twenty-five per cent, of the amount of the judgment besides actual disbursements, and shall be in addition to the amount of the judgment, and >hall be ap- portioned and borne in such proportion as the Judge or other officer who tries the action may direct. 59 V. c. 35, s. 4 1 . 4:2. Where the costs are awarded again£i the plaintiff or other per- Limit of costs sons claiming the lien, such costs shall not exceed an amount in the *° ^® awarded aggregate equal to twenty-five per cent, of the claim of the plaintiff plaintiffs, and other claimants, besides actual disbursements, and shall be ap- portioned and borne as the Judge or said other officer may direct. 59 V. c. 35, s 42. 4tt. In case the least expensive course is not taken by a plaintiff Costs where under this Act the costs allowed to th-^ solicitor shall in no case exceed 'east expensive what would have been incurred if the least expensive course had been taken, taken. 59 V. c. 35, s, 43. 44. Where a lien is discharged or vacated under section 27 of this Coi-ts of draw- Act or wherein an action, judgment is given in favour of or against "'["nneand^" claim for a lien, in addition to the costs of an action, the Judge or ether vaoatinR officer niaypllowa >easonable amount for costs of drawing and regis- re^wtration of tering the lien or for vacating the registration of the lien. 60 V. c. "^"' 24, s. 11(2). 46. The costs of and incidental to all applications and orders made Costs not under this Act and not otherwise provided for shall be in the <^'S'^''^" pl^vid'd'for tion of the Judge or officer to whom the application or order is made. 60 V. c. 24, s. 11 (1). 46. — ' 1 ) Excepting in actions tried by a Judge of the High Court Payments out the Judge or other officer who tries the action shall, where money has "^ court. "''■^Wl 22 LABOUR LAWS OF ONTAKIO. been paid into court and the time for payment out arrives, forward a requisition for cheques with a certified copy of his judgment, and (when one is made) of the report on sale, to the Accountant of the Supreme Court of judicature who shall, upon receiving the said re- quisition and copy of the judgment and report (if any) make out and return to the said Judge or officpr cheques for the amounts payable to the persons specified in the requisition, and the said Judge or officer on receipt of said cheques shall distribute them to the persons entitled. 59 V. c. 35, s. 45 ; 60 V. c. 24, s. 12. Tees not to (2.) No fees or stamps shall be payable on any cheques or proceed- be payable on jjjgg {^ p^y money into court or obtain money out of court, in respect OTout^of court? of ^ claim of lien, but suflicient postage stamps to prepay a return registered letter shall be enclosed with every requisition for cheques. 59 V. c. 35, s. 46 ; 60 V. c, 24, s. 13. , Form of judgment in favour of lienholders. 47. All judgments in favour of lienholders shall adjudge that the person or persons personally liable for the amount of the judgment, shall pay any deficiency which may remain after sale of the property adjudged to be sold, and whenever on a sale of any property to realize a lien under this Act sufficient to satisfy the judgment and costs is not realized therefrom, the deficiency may lie recovered by execution against the property of such person or persons. 59 V. c. 35, s. 47. Personal judg ment when claim for lien failt. Forma. 48. Whenever in an action brought under the provisions of this Act any claimant shall fail for any reason to establish a valid lien, he may neverthele.ss recover therein a personal judgment again.st any party or parties to tiie action for such sum or sums as may appear to be due to him and which he might recover in an action on contract against such party or parties. 59 V. c. 35, s. 48. 49. The forms in the schedule hereto, or forms similar thereto or to the like effect, may be adopted in all proceedings under this Act. 59 V. c. 35, s. 49. Liens arislD^ before Act comes into force. aO. This Act shall not apply to liens arising before the 7th day of April, 1896, excepting that where no action has been commenced or proceeding instituted to realize a lien arising before the said day the procedure herein directed shall be adopted to realize the same. 59 V. c. 35, s. 50. Mechanics entitled to lien on a chattel mny Bell the chattel if (after three months) pay- ment is not made. 61. —(1) Every mechanic or other person wiio has bestowed money or skill and materials upon any chattel or thing in the alteration and improvement in its properties or for the purpo.se of imparting an addi- tional value to it so as tiiereby to be entitled to a lien upon such chattel or thing for the amount or value of the money or skill and materials bestowed, shall, while such lien exists, but not afterwards, in case the amount to which he is entitled remains unpaid for three months after tiie same ought ti have been paid, have thc^ right in addition to all other remedies provided by law, to sell by auction the chattel or thing in respect of which the lien exists, on giving one week's notice by advertisement in a newspaper published in the muni- cipality in which the work was done, or in case there is no newspajjer publislied in such municipality, then in a newspaper published nearest thereto, stating the name of the person indebted, tlie amount of the mechanics' and waqe-earners' liens. 28 debt, a description of the chattel or thing to be sold, the ' time and place of sale, and the name of the auctioneer, and leaving a like notice in writing at the last known place of residence (if any) of the owner, if he be a resident of such municipality. (2) Such mechanic or other person shall apply the proceeds of the sale in payment of the amount due to him and the costs of advertising and sale, and shall upon application pay over any surplus to the person entitled thereto. 59 V". c. 35, s. 51. 52. The provisions of this Act so far as they affect railways under How far Act tiie control of the Dominion of Canada are only intended to apply so "PpHes to far as the Legislature of this Piovince has authority or jurisdiction in'*"way8. regard thereto. 59 V. c 35, s. 6 (4). SCHEDULE. Form 1. (Section 17.) ' Claim of Lien fur Meqidration, A. B. {name of claimant) of {here state residence of claimant,) {if so, as as8ij,'nee of, statiwj name and residence of aisiytwr) under The Mechanics' ami Wage-Earners' Lien Act claims a lien upon the estate of {here state the name and residence of owner of the land upon which the lien is claimed,) in the undermentioned land in respect of the following work [service or materials] that is to say {here (jive a short description of the nature of the work done or materials furnished and for ichich the lien is claimed,) which work [or service] was [or is to be] done [or materials were furnished] for (here state the name and residence of the parson upon ivhose credit the ivork is done or materials furnished) on or before the day of The amount claimed as due [or to become due] is the sum of $ The following is the descr ption of the land to be charged {here set out a concise descriptiirn of the land to be charged sntficieut for the purpose of regis- tration. ir/(eu credit has been given, insert : The said work was done [or materials were furnished] on credit, and the period of credit agreed to expired [or will expire] on the day of , 18 Dated at this day of , A.D, 18 {Signature of claimant.) Form 2. {Section 17.) Claim of Lien for Wages for Registration ) A. B {name of claimant) oi {here state residence of claimant), {if so, as assig- nee of, stating ■Jiam,'! and )■• sif/ctire o'' assignor) under The Mechanics' atid fVage- Earners' Lioi. Act claims a lien upon the estate of {here state tite name and residence of the owner of land upon ichich the lien is claimed) in the undermen- tioned land in respect of days' work performed thereon while in the employment of {here state the name and residence of the person iipon whose credit the work was done) on or before the day of The amount claimed as due is the sum of $ The following is the description of land to be charged {here set oxit a con- cisi' de: day of , A.D. 18 . ) Or, The said A. B. and C. D. were severally j sworn before me at in the county ' of , this day of , t AD. 18 . 1 Or, The said A- B was sworn before me \ at , in the county of , J- this day of A.D. 18 ! \ Form 5. (Section n.) Affidavit Verifying Claim in Commencing an Action. (Style of Court and Cause. ) I, , make oath and say, that 1 have read, or heard read, the foregoing statement of claim and say that the facts therein set forth are, to the best of my knowledge nnd belief, true, and the amount claimed to be due to me in respect of my lien is the just and true amount due and owing to me after giving credit for all the sums of money or goods or merchandize to which (naming the debtor) is entitled to credit as agamst me 59 V. c 36, Sched Forms It'.. I'-. 'If "il.lJl'Jl-'-' MECHANICS AND WAGE-EAHNERS LIENS. 25 FOKM <5. (/Section* 23 and 24.) ' Certificate for Regutndion. (Style of Court and Cause.) (Date ) I cortify that the above-named plaintiff haa commenced an action in the abf>ve Court to enforce against the following land {ilescribing it.) a claim of Mechanics' Lien for $ 60 N. c. 15, Sched. A (7(i)- Foii.M 7. {Sectiinif 31. Deteiice. (Style of Court and Cause.) A. P., disputes that the p'aintiff is now entitled to a mechanics' lien on the following grounds : (Setting forth the gronnda shortly ) (rt) The lien has not been prosecuted in due time as required by statute. (6) That there is nothing due to the plaintiff. (c) That the plaintiffs lien has been vacated and discharged. (d) That there is nothing due by {the owner) for the satisfaction of the plaintiff's claim. Delivered on the day of by A- B. in person, whose address for service is {stating address within tivo miles of the court house) . or • Delivered on the day of by Y. Z. , solicitors for the said A.B. NoTP. — If the owner does not dispute the lien entirely and only wishes to have the accounts taken he may use Form 8. / Form 8. {Section 31 ) Defence where there are no matters disputed or where the matters in dispute are matters of accointt. (Style- f Court and Cause.) A. B. admits that the plaintiff is entitled to a lien and claims that the following is a just and true statement of the account in question : — Amount of contract price for work contracted to be pei formed by E. F. as plumber on the lands in question herein §500 00 • ' Amounts paid on Account. ( June Ist, 1889, paid B. F. ^200 00 July Ist, 1889, paid O, R. and /. K., sub contractors of E. F. 100 00 $300 0(1 Balance admitted to be due §200 (M» For satirifaction of lien of plaintiff and other lien holders {as the ca e may he) A. B. . before action tendered to the plaintiff $ in payment of his claim and now brings into Court 9 and submits that that amount is sutticienr to pay the plaintiffN claim, and asks that this action be dismissed as against him with costs. Delivered, etc. mm .■mmiii\M»'iimmmm>.M^ ■ 26 LABOUH LAWS OF ONTAUIO. I i FOKM 9. • (Section 49.) . Affidavit of Oioner Verifying Account, (Style of Court and Cause ) ' , A. B-, of , being the owner of the lands in (juestion in this action n)ako oath and say : That the account set forth in the fijrcgoing defence is a just and true account of the amount of the contract price agi'eed to be paid by me to E. F. for the work contracted to be done by him on the lands in question. The said account also justly and truly seta forth the payments made by me on account thereof, and the person or persons to whom the same wore made ; and the balance of \$J00] appearina; by such account to be still due and payable is the just and true sum now due and owing by ine in respect of my contraot with the said E. F. Sworn, etc. FoKM 10. {Section 30 ) Notice of Tri'd. (Style of Court and Cause.) Take notice that this action will be tried at the Court House, in the Town of , in the County of , on the day of by and at such time and place the will proceed to try the action and all iiuestions which arise in or which are necessary to bo tried to completely dispoa-* of the action and to adjust the rights and liability of the persons appearing before him, or upon whom this notice of trial has been served, and at such trial he will take all accounts, make all inquiries and give all directions and do all things necessary to try and otherwise finally dispose of this action, and of all matters, (juestions, and accounts arising in said action and will give a)' necessary relief to all parties. And further take notice that if you do not appear at the trial and prove your claim, if any, or prove your defence, if any, to the action the proceed- ings will be taken in your absence and you may be deprived of all benefit of the proceedings and your rights disposed of in your absence. This is a Mechanics' Lien action brought by the above-named plaintiff, against the above-named defendants to enforce a Mechanics' Lien agaiii,st the following lands : — (xet out ilcsciiption of lands.) This notice is erved by, etc. 1889 Jan. Feb. Oct. i8S9. Feb. ■Fune FOK.M 11. (Section 49.) ^"'•'■* "' ' •' Account hij Licniioldcrs, not parties to tie action,, (Style of Court and Cause.) E. F. Dr. tc. G. H. 1, To 12 doz brackets ,«!l2 00 .'J, II 50 lbs. of nails 5 (^) 'ii, II (50 sheets of glass 40 (X) $57 (M» Oh 4, By cash .v i (M) 5, II goods 20 (MJ .?24 (JO $33 00 \ : mechanics' and wagl earners' liens 27 (|Uef:ti()ii ill le f(jreg()ing ritract price lono by bim ts mado by > saiiio wore be still duo ri respect of Form 12. (Section 49.) Affidavit of Lienholder Verifying Claim. (Stylo of Court and Cause.) I, (V. //. of (address and occupation), make oath and say : — I have in the foregoing account {or in the account now shown to me marked A) set forth a just and true account of the amount due and owing to me by E. H. {the owner) [or by E. F., who is a contractor with the defendant, L. G. {the owner),] of the lands in ijuestion. and I have in the said account given credit for all sums in cash or merchandise or otherwise to which the said E. F. is justly entitled to credit in resj)ect of the said account and the sum of 833 appearing by such account to be due to me as the amount {or balance) of such account is now justly due and owing to me. Sworn, etc. 59 V. c. 36, Sched., Forms 6-11. I the Town which are adjust the whom this iccounts, 3ary to try ijuestions, jiief to all and prove ■i proceod- benetit of 1 plaintiff, in against 812 00 6 «J0 40 (M) §57 m K) -.?24 00 B'oRM 13. {Section 35.) Jiidtjiwiil. In the High Court of Justice. Name of Judge or officer. $33 00 Monday, the 10th July, 1S96. William l^pencer, Plaintiff. and Thoma-i Burns, Defendant. This action coming on for trial before in at upon opening of the matter and it appearing that ihe following persons have been duly served with notice of tria' herein, {set out names of all persons sevi'cd with notice of trial) and all sucii [jersons {or as the case may be) appearing at the trial [if so and the following persons not having appeared set out names of non-app'aring pcrsuns] and ujjon hearing the evidence adduced and what was alleged by counsel for the plaintiff and for ('. 1). and E. F. and the defendant [if so and by A. B. appearing in per- son ] 1. This Court doth declare that tlie plaintiff and the several persons mentioned in the first schedule hereto are respectively entitled to a lien under 'the Mechanics' and Wage- Earners' Lien Act, upon the lanls descril>ed in the second schedule hereto, for the amounts set opposite their respective names in the 2nd, 3rd and 4th columns of the said 1st scliedule, and the persons primarily liable for the said claims respectively are set forth in the 5th colunm of the said schedule. 2. [And this Court doth further declare that the several persons men- tioned in schedule 3 hereto are also entitled to some lien, charge or incum- brance upon the said lands for the amount set opposite their respective names in the 4th column of the said schedule 3, according to the fact ] 3 And this Court doth further order and adjudge that upon the defen- dant {A. B. the owner) paying into court to the credit of this action the sum of (gross amount of liens in schedxde 1 and 3 Jor which owner is liable) on or before the day of next, that the said liens in the said 1st schedule mentioned be and the same are hereby discharged, [and the several persons in the said 3rd schedule are to release and discharge their said claims and assign and convey the said premises to MH — n m ■<» T I I > """ mmm 23 LABOUR LAWS OF ONTARIO. the (lefontlmit (ninier) iind tlolivor up nil (locunients on oath to the said (lefondant (oioie.) or to wlioiii he may uppointj and the said iiionoys so paid into court are to bo paid out in payinont of the claims of the said lion holders (tf so, and incunilirancers). 4. But in case the said defendant (ointu') shall make default in payment of the said moneys ii'to Court as aforesaid, this Court d' th order and adjudge that the said lands ho Hold with the approbation of the blaster of this Court at »ntl t'"** '''^ purchase money be ] aid into court to the credit of this action and that all proper parties do join in the conveyances as the said Master shall direct. 5. And this Co'- ^ doth order and adjudge tiiat the said purchase money be aiiplied in or towards payment of the several claims in the said 1st [and 3rd] 8chedule[sJ mentioned as the said Master shall direct, with subse- quent interest and subaequent costs to be computed and taxed by the sa d Master. 6. And this Court doth further order and adjudge that in case the said purchase money shall be insufficient to pay in full the claims of the several persons memioned in the said 1st schedule, the persons primarily liable for such claims as sh 'Wn in thn said 1st schedule do pay to the persons to whom they are respective y primarily liable the amount remnining due to such jiersons forthwith after the same shall have been ascertained by the said Master. 7. And this Court doth declare that ^ have not proved any lien under 'Hie Mfihanics' mal Wnije- Earners' Lien Art and that they are not entitled to any such lien, a d this Court doth order and adjudge that the claims of liens resjiectively registered by them against the lands mentioned in the said 2nd schedule be and the same are here' y discharged, (wcordidf; tt> ^/le/'tct.] SCHEDILE 1. Names of lien holders entitled to mechanics' liens. Amount of debt and interest (if any). Costs. Total. Names of primary debtorii. ■ \ (Signature of officer issuing judgn;ent.) SCHEDULE 2. The lands in question in this matter are {Set mt by description sufficient for registration purposes ) (Signature of officer issuing judgment.) l ! i to the said id nioiiuys so 9 I if the sikid ase the said ' thi) several narily liable IL' IU'l'.SOllS t(l iiiiiiiing due ;crt'iined by MECHANICS AND WAGK-EARNERS LIENS. SCHEOrLE ;{. 29 Names of perHons entitled ti> incumbrances otlier than mechanics' liens. Amount of debt and interest (if any). Ousts. Total. (Signature of oflicer issuiiig judgment.) 60 V. c. 24, Form 12. FOKM 14. {SectwH 27.) Certificate Vacating Lien. V (Style of Court and Cause.) Date I certify that the defendant A B. (the owner) has paid into court to the credit of this cause all money duo and payable by him for the satisfaction of the liens of the plaintiff and E.F., G.H., I.J. and K L. and their liens are hereby vacated and discharged so far as the same effect the following lands (describe landu). (Signature of Master or Referee.) FOBM 15. (Sectionil.) Certificate Vacating Lien. (Style of Court and Cause.) Date I certify that I have incjuired and find that the plaintiff is not entitled to a mechanics' lien upon the lands of the defendant A.B. (the owmr) and that his claim of lien is hereby vacated and discharged so far as the same affects the following lands (describe lands). (Signature of Master or Referee.) y - 59 V. c. 35, Schedule, Forms 13, 14. 80 LABOUR LAWS OF ONTARIO. WOODMEN'S LIENS. R. S. O. 1897, Cap. 154; 61 Vict, Cap. 17. The Woodman's Lien for Wages Act. Short title, s. 1. Intekprktatiok, 8. 2. Territory to which act applies, H. 3. Agreements waiving rights under ACT VOID, 8. 4. Who ENTITLED TO LIEN, 8. 5. Statement of lien to be filed, SI. 6-8. Sale not to affect lien, s. 9. Enforcement of lien : Action and attachment, ss. 10-18 Transit within district not to be prevented, s. 19. Separation of logs, a. 20. Restoration of logs upon security, 8.21. Notice of dispute, s. 22. Payment into court, s. 23. Advertisement for claims, s. 24. Adjudication upon, ss. 25-27. Sale and distribution of proceeds SB. 28, 29. Discharge of lien if nothing done, 8. 30. Costs, s. 31. Distribution of surplus, g. 32. Where action not prosecuted, 88. 33. Adding parties, s. 34. Other remedies not affected, s. 36. Lien holders may join, 8. 36. Transfer of proceedings to Dis- trict Court, 8. 37. Where actions commenced several courts, s. 38. Rules of procedure, s. 39. Malicious proceedings, s. 40. Wages, how to he paid, ss. 41-43. in H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — Short title Interpreta tion. " Logs or timber." " Labour, serTic* or lerTices." " etnoD." 1. This Act may be cited as " T/ie Woodman's Lien for Wages Act" 57 V. c. 38, 8. 1 (1). 'i. Where the words following occur in this Act they shall be con- strued in the manner hereinafter mentioned unless a contrary inten- tion appears : — 1. The words " logs or timber" shall mean and include logs, timber, cedar posts, telegraph poles, railroad ties, tan bark, pulp-wood, shingle bolts or staves or any of them. 2. The words " labour, service or services " shall mean and include cutting, skidding, felling, hauling, scaling, banking, driving, running, rafting or booming any logs or timber and any work done by cooks, blacksmiths, artisans and others usually employed in connection there- with. 3. The word " person " in section 5 of this Act shall include cooks, blacksmiths, artisans and all othars usually employed in connection with such labour and services. '•' > TTwwr WOODMENS LIENS. 31 4. The word " Judge " where used in this Act shall include the Sti-" Judge. " pendiary Magistrate where he presides over or liolds Division Courts, and the word " bailiff " shall include a constable who under Th« Di- " Bailiff." vision Courts Act may execute an attachment or perform othei service. R«J- S***- 54 V. c. 22, s. 2 ; 61 V. c. 17, s. 1. 0.60. !t. This Act shall apply to the Districts of Muskoka, Parry Sound, Application of Nipissing, Algoma, ManitouHn, Thunder Bay and Rainy River, and ^^' to the Provisional County of Haliburton. 57 V. c. 38, s. 1 (2-3) ; 59 V. c. 36, 8. 1. 4« — (1) Every agreement or bargain, verbal or written, express or Contracts implied, which has heretofore been made or entered into, or which may waiving »PPl'' hereafter be made or entered into, on the part of any workman, servant, JJ l^void. ' labourer, mechanic, or other person employed in any kind of manual labour intended to be dealt with in this Act, by which it is agreed that this Act shall not apply, or that the remedies provided by it shall not be available for the benefit of any person entering into such agree- ment, is hereby declared to be null and void and of no effect as against any such workman, servant, labourer, mechanic, or other person. 59 V. c. 38, s. 3. (2) This section shall not apply to any foreman, manager, officer, or other person whose wages are more than $3.00 a day. 59 V. c. 38, a. 12. 5. 1 . Any person performing any labour, service or services in con- Lien for nection with any logs or timber in the said Districts or Provisional '*''?."'t°° '""^ County, shall have a lien thereon for the amount due for such lalraur, service or services, and the same shall be deemed a first lien or charge on such logs or timber, and shall have precedence of all other claims or liens thereon, except any lien or claim which the Crown may have upon such logs or timber for or in respect of any dues or ciiarges, or which any timber slide company or owner of slides and booms may have thereon for or in respect of tolls. 54 V. c. 22, s. 3 ; 57 V. c. 38, s. 2 ; 59 V. c. 36, s. 2. (2) Any contractor who has entered into any agreement under the Contractora, terms of which he has cut, removed, taken out and driven for any !'^i*'i^'^**'* licensee of the Crown, by himself or by others in his employ, any logs gnvices to be or timber into the waters at or near Lake Superior, the Georgian Bay, performed on Lake Huron, or the Saint Mary River, for export in the log out of the fi,"^'^^ °"* Province of Ontario, shall be deemed to be a person performing labour, service or services upon logs or timber within the meaning of this sec- tion, and such cutting, removal, taking out and driving shall be deem- ed to be the performance of labour, service or services within the mean-^ ing of this section. 59 V. c. 36, s. 4 (1) part. 6* — (1) The lien provided for in section 5 shall not continue to beLientocon- a charge on the logs or timber after the time within which the state- ^"'''e on state- ment of claim hereinafter provided for is required to be filed unless ^g j 5^ £^|. such statement, verified upon oath by the person claiming such lien trict Court or some one duly authorized on his behalf, shall be filed as is herein- after directed. (2) Such statement shall be in writing, and, except as is hereinafter authorized, shall be filed in the office of the Clerk of the District , IMr/^t«..MU«M*^.^ 82 LAUOUR LAWS OF ONTARIO. •g*' Court of tlin ProviMonal Judiciiil DiHtrict in wliich tlio liilxiur ur ser- vici- or B0I116 jmrt thuroot' lias Ih'oii jierfornifHl. Provlao (;l) WlioHj such livbour tir services liiivu bwii perfurnuHl u|H)n iiiiy logs or timber got out to be run down or which have been run down liny of the rivern or streiuns flowinj; into tlie Georj{iiin Buy, liiike Huron, Luke Superior, Liike of the Woods, llainy Lake or Itainy Riv- er or Pig(!on River, sucii stiitenient may, at tlie option of tiiecliiinmnt, be filed in the ortlce of i he Clerk of the District Court of the district in whicli the labour oi service or some part thereof lias Iwen perform- ed as aforesaid or in the oHice of the Clerk of the District Court of the district wherein the drive terminates or reaches the waters of the lakes, bays or rivers hereinljefore specifficaliy named. Cleric of Court (4) Where the right to take proceetiings under this Act to enforce St Rat Port- (vjiy jien, arises in the District of Rainy River, the statement of claim may be filed in the office of the Deputy Clerk at Rat Portage of the District Court, and the e.xpression " Clerk of the Court," " Clerk of the District Court," or "Clerk" in this Act shall be deemed to include the said deputy clerk. 54 V. c 22, s. t. Filing claim, (5) Where the right to take proceedings under this Act to enforce etc., when any lien, arises in the District of Muskoka, the statement of claim may • fj^g lUn*" ^*^ ^^^^ '" *'^® *^*^''^ "^ ^''^ I^oputy Clerk at Rracebridge, of the Dis- •riaei in Mud- trict Court, and the expression " Clerk of the Court," Clerk of the koka. District Court," or " Clerk " in this Act shall be deemed to include the Deputy Clerk at Rracebridge of the District Court. 57 V. c. 38, 8. 3. Filing claim, (0) Where the right to take proceedings under this Act to enforce *'*'htT''*" "'^y ^®" '^^'^^^'^ '" *''® Provisional County of Haliburtou, the statement force lien" °^ claim may be filed in the ofHce of the Clerk of the County Court ariaes in Hali- of the County of Victoria, and the expression " Clerk of the Court," burton. I. Clerk of the District Court," or " Clerk " in this Act shall be deemed to include the Clerk of the County Court of the County of Vic- toria, and " District Court " shall include the said County Court. 59 V. c. 36, s. 3. (7) Where the right to take proceedings under this Act to enforce any lien ari.ses in the District of Manitoulin, the statement of claim may be filed in the office of the Deputy Clerk of the District Court at Gore Bay, and the expression "Clerk of the Court," "Clerk of the District Court," or " Clerk " in this Act shall he deemed to include the Deputy Clerk of the District Court at Gore Ray. 61 V. c. 17 s. 2. *>. Such statement shall set out briefly the nature of the debt, de- mand or claim, the amount due to the claimant as nearly as may be, over and above all legal setoffs or counter-claims, and a description of the logs or timber upon or against which the lien is claimed, and may be in the form set out in the S hedule to this Act, or to the like eflfect 54 V. c. 22, s. 5. Statement of lien. When state- ment to be filed. 8.— (1) In the case of any contractor coming within the terms of sub-section 2 of section 5 the statement of claim shall be filed on or be- fore the 1st day of September next following the performing of the labour, service or services to which such statement refers 59 V c 36 s. 4 (l)part. ■ ■ ' ■3 WOODMEN 8 LIENS. W ('_') In otiior cases if hucIi lalKiur, Kcrviceor serviceHhe performed lie- tweeri tim Iwt diiy of OctobtM- luul tho iHtdiiy of April next tlifreiiftor, the Htiittiinont of cliiini Hhall \m tiled on or before tli« 20tli day of Api'il next thereafter, Imt if such lalxmr, .sorvict^ or nervieea ))« performed on or after the 1st day of April and before the Int day of October in any year, then Nuch statenit^nt shall be filed within twenty days after tlie last day such labour, service or Kurvices were j)erfornied. 51 V. c, 22, 8. 0, part. J>- No sale or transfer of the logs or tind)er upon which a lien isHnleootto claimed under this Act durinj;; the time limited for the filing of such **'*''' "•"• statement of claim and pnivious to tho filing thereof, or after the filing tli'-rcof an«l during the time limited for the enforcement thereof, shall in any wise affect such lien but such lien shall remain and be in force against such logs and timber in whosesoever possession the same shall be found. 54 V, c. 22, h. G part. 10' Any person or persons having a li(>n upon or against any logs p'nforcement or tind)-r may enforce the same by suit, where the claim does not <'"■ "'^"""ly^tj ceed •'?200, in the Division Court within whose jurisdiction the said logs„f uivigion or timber or any part thereof may bo situated at the time of the com- Courts, niencement of the suit, or where the claim exceeds §200, in the proper « District Court where such statement of lien is filed and such suit may be commenced to enforce such lien, if tho same be due, immediately after the filing of such statement, or if credit has been given inunedia- tely after the expiry of the period of credit, and such lien claim shidl cease to be a lien upon the property named in such statement unless the proceiHlings to enforce tho same be commenced within .'iO days after the filing of the statement of claim, or after the expiry of the period of credit. In all such suits the person, company or corporation liable for the payment of such debt or claim shall be made the party defendant. 54 V. c. 22, s. 7 (1). II. There shall bo attached to or endorsed upon the writ or sum- Procedure, mons a copy of tho lien claim filed as hereinlwfore provided and no other statement of claim shall bo necessary unless ordered by the Court oi' Judge, and no pleadings or notices of dispute or defence other than such as are required in a suit or proceeding in the Division Court shall he necessary whether the suit be brought in the District Court or in the Division Court. In case no dispute is filed, judgment may be sign- ed and execution issued according to the practice c the Division Court. The Court or Judge may order any particulars to be given or any pro- per or neces.sary amendments to be made, or may add or strike out the names of parties at any time and may set aside judgment and permit a defence or dispute to be entered or filed, on such terms as to him shall appear proper. The writ shall be in the form as nearly as may be of that in use in the Court in which it is issued, but the practice there- after shall follow as nearly aa may be that of the Division Court. Writs may be served anywhere in the Province in the same manner as 'iH other cases, and the judgment shall declare that the same is for wages, the amount thereof and costs, and that the plaintiff has a lien therefor on the property described when such is the case. 54 V. c. 22, 8. 7 (2). 34 LABOUR LAWS OF ONTARIO. execution m certain cases. Procedure |*{. Where an execution has issued and has been placed in the !"^ff,l"l":_'** Sheriff's hands for execution and no attachment has been issued, the proceedings for the enforcement of the lien shall be by sale under the execution, and the proceedings relating to proof of other claims and the payment of money into Court and the distribution of the moneys and otherwise shall, as far as practicable, be the same as is hereinafter pro- vided for proceedings upon and subsequent to an attachment. 54 V. c. 22, s. 7 (3). Procedure where attach- ment issses. tii. Where an attachment issues in the iirst inttanrse, either from the District Court or Division Court, the statement of claim and de- fence and proceedings to judgment may be the same, as hereinbefore provided, where a suit has been begun by writ or summons ; and where an attachment issues after proceedings have been begun by writ or summons tlie proceedings shall continue and be carried to judgment under the writ or summon.s, except such as are necessary to be taken under the attachment. 54 V. c. 22, s. 7 (1). Form of attachment. 14. The forms of attachment shall be as nearly as may be the same as were formerly in use in the District Courts or are in use in the Di- vision Courts. The District Judges and Stipendiary Magistrates of said districts, or a majority of them, may jointly prepare and adopt forms of writs, summonses, attachments and other forms for the more convenient carrying out of the provisions of this Act. 54 V. c. 22, 7 (5). s. .Summary dis- 15. — (1) In any case, whether commenced by writ or summons or i^**l "^ *""**• attachment, and whether in a Division or District Court, the Judge may direct that the same shall be disposed of summarily by him in chambers without waiting for the regular sittings of the court, upon such terms as to notice and otherwise as the order shall provide, and the same may be so heard and disposed of. (2) The Judge may also entertain in chambers any application tu set aside an attachmc or seizure or to release logs that have been .seized, and may summarii;' dispose of the same. 54 V. c. 22, s. 7 (6, 7)- When nKMi'n- ment to isFue from Division Court. Hi. Where the amount of any claim, filed as aforesaid does not exceed .^200, and is not less than iijilO, upon the production and tiling of a copy of such claim and allidavit made and sworn by the claimant of tiie amount of the claim due and owing, and showing that the same has been filed as aforesaid and stating that (a) He has good reason to believe and does believe that the logs or timbers are about to be removed out of the Province of Ontai'io, or (b) That the person indebted for the amount of such lien has absconded from the Province, with intent to defraud or defeat his creditors, or (c) That the saw logs or timber are about to be cut into lumber or other timber so that the same cannot be identified, (d) And that he is in danger of losing his said claim, if attach- ment do not i.ssue, '^^fsfmmmmmiutr' WOODMEN 8 LIENS. 35 and if affidavits corroborating the affidavit of the plaintiff in respect of clauses (a), (Ij) or (c), be also filed, then the Clerk of the proper Division Court shall issue a warrant under his hand and seal as in the case of an attachment undar section 257 of T/ie Division Courts Act, directed to the Bailiff of the Division Court coninaanding such bailiff to attach, seize, take and safely keep such logs or timber, or a sufficient Rev. Stat, portion thereof to secure the sum mentioned in the warrant, and the '=• *''*• costs of the suit, and of the proceedings to enforce the lien, and to return the warrant forthwith to the court out of which -the same issued. 54 V. c. 22, s. 8. It. — (1) AVhere the amount claimed exceeds $200, upon the filing When attaoh- of a copy of such claim and affidavit, the Clerk of the District Court JJJf°of*Di8trict of the district where the action may be brought, shall upon the filing Court, of an affidavit or solemn affirmation made by the claimant and showing such facts as would authorize the issue of an attachment under the preceding section and such affidavits in corroboration as is provided in the preceding section, issue a writ of attachment directed to the Sheriff of the district commanding him to attach, seize and take and safely keep the said logs or timber or such portion of them as may be necessary to satisfy the amount claitned and the costs of the suit and of the proceedings to enforce the lien. (2) Where additional claims are made or the amount of claim is increased, or a sufficient seizure has not been made, a second or subse- (]uent seizure may be made either under execution or attachment. 54 V. c. 22, s. 9. 18. — (1) The said warrantor writ of attaclnnent shall also, where Warrant or no writ or summons has issued, sunniion the defendant to appear ^"^^ *? ^^ before the District Court or Division Court out of which the attach- fendant and ment has issued, and a copy of the writ of attachment shall be served the owner of upon the defendant, and if the defendant in such attachment is not *"fif*' the owner of the logs or timber described in the warrant or writ then a copy of the writ shall also be served ujion the owner of the said logs or timber or upon the person or agent in whose possession, cus- tody or control for him they may be found. (2) Where the defendant or owner of the logs or timber cannot be Service where found within the district, and there is no one in possession of the logs •>" ""« .»" or timber, then a copy of the warrant or writ of attachment shall be {^Ijfg**"'*"" ° forwarded to the SherifiF of any coiinty or district or the Bailiff of any Division Court, in the Province of Ontario, within whose shrievalty or jurisdiction, the defendant and owner or either of them, as the case may be, resides or may be found, and such copy of the warrant or writ of attachment may be served by such Sheriff or Bailiff upon such defendant or owner of the logs or timber. The ownor may, on his own application, or by direction of a Judge, be made a party- defendant at the trial. (?) In case the defendant or owner cannot be found within the When d^- Province, or the owner cannot be ascertained and no agent or person f^'"^"''* or is in possession for the owner, the writ or warrant may be served in province. '" such manner as the Judge shall by order direct, but when the writ is served upon an agent or other person in possession as aforesaid, the order of the Judge allowing the said service shall be necessary. M :. .>*)i«(iaw**;««-T;*')».' S6 AdoiisBion of parties to make defence. Pajrment of officer'8 dis- bursements. LABOUR LAWS OF ONTARIO. (4) Wliero tlie service has not heeii personal upoa eitlier the defendant or owner, and where a proper defence! lias not been made, tlie Ju(l!,'e niuv, in liis discretion, admit tlie defendant and owner, or either of^tliem' to make full defence and may make such order in the premises as may be reasonable and just to all parties. (■)) The Sheriir or Bailiff sliall, before makinj,' any service, be entitled to demand the payment of a sum sufficient to cover the amount of his necessary disJjursenients in elf'ecting the same. 54 V, c. 2-2, s. 10. LogBortimbcr til No Sheriff or Bailiff shall .seize upon or detain any log.s or in transit with- timber under the provisions of this Act when in transit from the place to bi^deta'ird. where cut to the place of destination when such phuc of destination is within any of the said districts in which j)roceedinf,'s Lave been commenced, but in case such logs or timber un^ .so in transit or are in the possesion of any i^ooming company or other pe-son or corporation for the purpose of being driven or sorted and delivered to the owners or to satisfy any statutory lien, then attachment of said logs or timber may be n)ad(! by serving a cojjy of said attachment upon the person or corporation driving or holding the same, who shall fnmi the time of such .service be deemed t(» hold the same both on his or their own belialf and for the said sheriff' or l)a'iiff to the extent of the lien until the logs or timber can be (b-ivn and sorted out ; and when driven or sorted out, the sheriff or l:,iiliff mey receive the said lo2s or timber from such per.son .::■ co poration, and the statutory lien of such person or corpi ration sii'ill not be released by the holding of such sheriff or other olKcer. 54 V. c. 2J, s. 11 (1). Separation of logs. Bev. Stat. 0. 143. !!J0. The claimant or plaintiff in any suit and the Sheriff or Bailiff or other officer shall, when necessary, be entitled, under order of the Judge, to take any proceedings which the ownei- of any logs may take under I'/ie ^Sata Logs Driviiu/ Act for the purpose of procuring the separation of any hjgs so seized by the Sheriff or other officei' under this Act from other logs with which they have become intermi.x«;d, or a sale may be nuule without such separation if the Judge so directs. 54 V. 0. 22,8. II (2). Sheriff or Bailiff to re- store posses- sion upon exe cution of bond. Persons served to entar notice of dis- pute. 'ii In case of an attachment, if the owner of the logs or timber or any jjerson in his liehalf shall execute and tile with the Clerk of the Court out of which the attachment has issued a good and sufficient bond for the person claiming the lien, executed by two sureties and appioved by the said chirk and crmditioned for the ])ayment of all daniage.s, costs, charge.s, disbursements and expenses that may be re- covered by the claimunt in such proceedings, together with the amount for which a lien is claimed in any other suit, if any, the Clerk shall issue an order to the Sheriff or Bailiil" having in charge the logs or timber directing their release, and upon service of such order upon the Sheriff Oi' Bailiff he shall release the same. 54 V. c, 22, f. 12. *^i. — (1) Any person who shall have been served with a copy of the warrant or v .'it of attachment under the preceding sections, and who may desire to dispute the same shall within 14 days after such service enter in the court in which proceedings are pending a notice that he disputes the claim of lien in whole or in part. 54 V, c. 22, a. 13. mo'vimm: WOODMEN S LIENS. 87 (2) If no notice of dispute be entered under this section judgment If no notice of may be entered as in the case of default, and the practice or procedure e^j'udgmenT* may be the same as in a suit begun by writ or summons. 54 V. c. 22, may boenter- s. 14. ed. *iii. The defendant may, at any time after service of the writ or Persons attachment and before the sale of the logs or timber, pay into court ^^J^^^*''^ ., ,. , . , ,. ... 1 . ° , ■ 1 .,1 iL attachment the amount tor whicli a lien is claimed in the suit, together with the may pay amount for which a lien is claimed in any other suit (if any), and also amount claim- the costs of the proceedings to the date of such payment to be taxed ® court, by the Clerk of the Court if so required, and the person making such payment shall thereupon be entitled to a certificate vacating the said lif 11 ; and upon said certificate being tiled with the Clerk ot' the Dis- trict Court in which the orii>iual statement of claim was tileil, the said . lien shall be vacated and all further proceedings tliereon shall cease, ' and the person making such payment shall further be entitled to an order directing the delivery up of the logs or timbei' seized under the attachment, or the cancellation of any bond given under section 21 of this Alt. ;)4 V. c. 22, s. 1."). '44- — ( 1 ) After the expiration of the time hereinbefore named within which notice of dispute may be entered, tlie Judge shall, upon the application of the claimant, issue an appointment naming a day upon v.liich all persons claiming a lien on the logs or timber shall appear be- foie the Judge in person or by their solicitor or agent, for the adjust- meni'. i;f their claims and the settlement of accounts, and the said ap- pointment jhall be served upon the defendants and upon the owner, if the Judge so directs, and shall also, if the Judge so directs, be published on je a week for two weeks before the day named in said appointment in a, newspaper published in the district in which proceedings are pend- ing if a newspaper be published therein, and if not then in a newspaper put)lisl(ov this Act provided, and one attachment issued on behalf of ;i ' "^he ) •• ^ so joining. 5-t V. c. 22, s. 27. Trannfer of auit from Di vision Court in case proceediufis taken in District Court. Where suits in several Courts. 117- Where proceedings have been commenced under this Act in the District Court, and proceedings are thereafter brought or are pend- ing against the same logs or timber, or any j)art of them, in a Division Court, the Judge of the District Court may order the proceedings in the Division Court to be adjourned before him, and shall in bis erujuiry as hereinbefore mentioned include the claims in respect of which pro- ceedings are pending in the Division Court, and thereafter all persons who shall have Hied claims in the Division Couit shall be iMititled to prove such claims and to share in the benefits of the proceeilings in the Disti ict Court. 54 V. c. 22, s. 28. US. Whore suits are brought in several District ''ourts oi' inseveial Division Courts, the procedure under sections 24, 25, 20 and 27 shall be had in the District or Division Court, as the case may be, out of which an execution or attachment tir.st issued, unless the Judge of such Court shall otherwise order. 54 V. c. 22, s. 29. Practice. tti}. The rules of procedure regulating the j>ractice in actions brought in the District Courts or in Division Courts, in the said dis- tricts and provisional county, shall, so far as tiiey are not inconsistent with this Act, regulate proceedings taken under this Act. 54 V. c. 22, s. .'JO. Liability for loss occa- sioned by improper seizure. Illegal pay- ments. 40. Any person who shall unlawfully and malicioualy, and without reasonable or probable cause, take, or cau.«e'to be taken proceedings under this Act by which any logs or timber shall be seized, detained or sold, shall be lialile therefor, in an action at the suit of any ptM-son aggrieved thereby, and shall be liable for all loss and damage occas- ioned by such seizure to such person, by reason of such logs 7. s. -1. 4. All persons who are at the time of the .seizure by the SherifT, or who within one month prior thereto have been in the employment of the executicm debtor, and who shall become entitled to share in the distribution of money levied out of the property of a debtor within the meaning of The Creditors' Jielte/ Act, shall be entitled to be paid out of such money the wages or salary due to them by the execution debtor, not exceeding three months' wages or salary, in priority to the claims of the other creditors of the execution debtor, and shall be entitled to share pro rata with such other creditors as to the residue, if any, of their claims. R.S.O. 1887, c. 127, s. .3 ; 55 V. c. 27, s. 1. And in case of Si. All persons in the employment of an absconding debtor at the RerStot"*' *""6 of a seizure by the Sheriff under The Act renpectintj Abscnnding c. 79. Debtors, or within one month prior thereto, shall be entitled to be paid out of any moneys realized out of the property of such debtor, by such ^mSfDHOKk.- Ifw MASTER AND SBHVANT. 45 Sheriff the wagos or wilary due to them by the abacontling debtor, not exc( cding three months' wngeH or siihiry, in priority to the claims of the other creditors of the abscondiiijj; debtor and shall be entitled to share pro rata with such other ci'cditors us to the residue, if any, of their claims. 55 V. c. 27, s. "J. ii. In the aJ ninistration of the estate of any person dying on or after the l.'Hh day of April, 1H97, any person in the employment of the de- ceased at the time of his death, or within one month prior thereto, who i» entitled to share in the distribution of the estate, sliall be entitled to his salary or wages not exceeding three months thereof in priority to the claims of the ordinary or general creditors of the deceased, and such jjcrson shall be entitled to rank as an ordinary or general creditor of such deceased person for the residue, if any, of his claim. GO V. c. 2.<, ss. 1, 2. And ibad- miaiatration of eitates. ■}.— (! ) No debt due or accruing to a mechanic, workman, labourer, servant, clerk or employee, for or in respect of his wages or salary, shall be liable to seizure or attachment, uidess such debt exceeds the sum of $"2rj, and then only to the extent of .such excess. (2) Nothiro; in the preceding sub-section contained shall affect or impair the rig it or remedies of any creditor whose debt has been con- tracted before the first day of October, 1874. R.S.O. 1887, c. 04, s. 8. DebbH due to nieohanici, etc. for waKei. not to be attached, ex- cept excess over $25. Saving clause as to debts created before Ist Oct.. 1874. 8. This Act is not intended to apply to an assignment made under Not to imter- the provisions of any Act of the Parliament of Canada relating to or Dmninion'ln- respecting bankruptcy or insolvency. li.S.O. 1887, c. 127, s. 5. solvency Act. [As to wagen payable to employees of contractors /o7' public ivorks, see Cap. 153.] ' . MASTER AND SERVANT. R. S. O. 1897, Cap 157. An Act respecting Master and Servant. Slavbry prohibited, 8. 1. Limitation of voluntary contracts of sekviob, 8. 2. Participation of workmen in pro- fits of business, ss. 3, 4. Written or verbal aorbembnts as TO service to be binding, s. 6. Offences and pbnaltibs : — Detention in pledge of servants' wearing apparal, 8. 6. Adjustubnt of disputes, s. 7. Agreements made with residents OUT OF Canada for service in Ontario, s. 8. Summary proceedings before Jus- tices OF THE Peace, ss. 9-16. Service of summons, etc., s. 17. Appeals, ss. 18-23. Aorbbments waiving Act void, 8. 24 Non-application of certain sec- tions, s. 26. 46 H LAUOUR LAWS OF ONTARIO. Ell MAJKSTY, \>y iiml witli tlio advice ami consent, of the Legisliitivn AHseaibly of the Province of Ontario, oniicts nn fol- lows : — 8i<7, c, 1. ■}'.», s. :.'. than nine years. Agreements !(• It sludl lie lawful in any trade, calling, l)usines.s or employment by whicli for an agreenieiil i> be eiitere All agreements or bargains, verbal or written, lietween masters ^Mm^ntebe- *"^'^ journeymen, or skilled labourers in any trade, calling or craft, or tween master between masters and servants or labourers, for the [)u.formance of any and servant to duties or service of whatsoever nature, shall, whether the performance '°^' has been entered upon or not, be binding on each party for the due ful- filment thereof ; but a verbal agreement shall not exceed the term of one year. R. S. O. 1887, c. 139, s. 5. '■'!*'9!Wm.: MASTER AND SRUVANT. 47 4t> No tavern kiu'per or iKxinliii;,' liuusc kt'cjici' sliftll keep the wear- Tavwrn keep- ing apjwucl (if any Herviint (ir ltili(»ui(!f in pleilgt^ for any expoiiHe.s •"■ ""kiM.p wear- curi'cd to a greater 'unounb than ■*(>, and on payment or tender of such ing apparel i)f sum, or of any \vhh sum (Uie, hucIi wearing apparel whall \m inunediateiy ''*''^*"* '" given up, wliatever be the amount due by Hueii servant or hibouror;but[,',^oun^"^|^,"g this is not to ajiply to other property of the servant or hvbourer. U.S. ItJ. O. 18H7, e. i;{!», fe, (1. 1. ff after the termination of an engagement between master aiul How certain servant, any dispute arises between them in respect of the term of '''*^'"'*'"^**''"' suoli engagement or of anymattrr appertaining to it, the Justice or an,i gOTvant Justices of the Peace wlio receive the comphiint shall be bound to are to be decide the r ^r, in accordance with the provisions of this Act, and "'^°'°'"'' as though igagement between the parties still siibsisted ; but proceeding Je taken within one month after the engagement has "O"""- ceased. II. S. U. 1887, c. I'M), s. 7. Af^reenients made with r«Ki. Any one or more of Her Majesty's Justices of the Peace may Duties of Jus- receive the complaints upon oath of parties complaining of any con- tioes of the travention of the preceding provisions of this Act, and may cause all oeWing aom- parties concerned to appear before hira or them, and shall hear and plaints, determine the complaint in a summary and expediti .ur manner. 11. S. O. 1887, c. i:}9, s. 9. 14^ Complaints against any person under this Act may be prose- Complaints cuted and determined in any county or district in which the person 5"y ^* '" * complained against is found, or, except when the complaint is made by a foreman, manager, officer or other person whose wages are more than .$3 a day, in any county or district in which the person complained against carries on business. R. S. O. 1887, c. 139, s. 11 ; 59 V. c. 38, any II. Any one or more of the Justices, upon oath of such servant or Oomplaints by labourer against his master or employer concerning any non-payment lervants of wages, may summon the master or employer to appear before him or mentof w««eg. them at a reasonable time to be stated in the summons, and he or they or 48 LABOUR LAWS OF ONTARIO. some other Justice or Justices shall, upon proof on oath of the personal service of the summons, or upon proof of its service ai is liereinafter autliorized, examine into the matter of tlie complaint, whether the master or employer appears or not, and upon due proof of the cause of complaint, the Justice or Justices may discharge the servant or labourer from the service or employment of the master, and may direct the payment to him of any wages found to be due, not exceeding the sum of .940, and the Justice or Justices shall make such order for payment of the said wages as to him or them seems just and reason- able, with costs, and in case of the non-payment of the same together with the costs for the space of eight days after such order has been made, the Justice or Justices shall issue his or their warrant of distress for the levying of the wai;es, together with the costs of conviction and of the distress. II. S. 0.^1887, c. 139, s. 12 ; T) 4 V. c. 24, s. 1 ; oO V. c. 38, s. 6. , • . 1' ! -.1? v,ithin 1'^. Proceedings nniy be taken under this Act within one month wh !; pro- after the etigagement or employment has ceased, or within one month be^taken."'"^ aftei' the last instalment of wages under the agreement of hiring has Work (lone in become due, whichever shall last happen ; and proceedings under sec- Ontario under tj^,^ 1 1 may bf. Jjad for non-payment of wages in respect of sei-vice or agreement labour peiformec' in Ontario upon a verbal agreement or bargain made made out of out of Ontario. K. S. 0. 1887, c. l.'?i), s. l;5. Ontario. Proceedings HI. Where the proceedings are taken before a Police Magistrate, bjfore a Police g^,-j,] payment of wages is ordered by him to be made by the master or eaiployer to the servant or labourer, and the same are not paid within the time limited by the order, the same pioceedings may be taken by the person claiming the benefit of the order as may be taken l)y a party having an unsatisfied judgment or order in a Division Court for the payment of any debt, damages or costs, as respects the examination of the judgment debtor touching his estate and effects, the means he has of discharging his liability, and the disposal he has made of any prop- • erty, and the Police Magistrate shall have the like power and authority to enforce payment of the debt as are possessfstl by tlie Division Court Judge in like cases ; and the practice and proceedings thereon shall be Rev. Stat., c. the same as nearly as may be and have the same effect as provided in 60 B8. 243.254. f/ig Bifision Courts Act with respect to judgment debtors. 52 V, c. 22, s. 1. . Limit of time for payment. 14. Subject to section IG in the case of a city Police Magistrate, the Police Magistrate, if he thinks tit, may name in the order for pay- ment of wages, such time not exceeding 21 days, as to him may seem just and reasonable for the payment of the same and costs ; and in case of non-payment within such time the complainant shall be entitled to take forthwith the proceedings for enforcing payment herein pro- vided. 52 V. c. 22, s. 2. Juriidiction of Police MaKiBtrate in cities. Rev. Stat, c. 153. 15.— (1) In the case of wages due to any mechanic, labourer or othef per.son in respect of work of the character mentioned in section 4 of /1i.e Mechanics' and Wage-Earners' Lien Act, the-jurisdiction of a Police Magistrate in a city under this Act shall extend to wages for thirty days, or for a balance equal to the wages for thirty days, though the same or the balance thereof exceed the sum of $40 in section 11 mentioned. ■•3Pn5!''^H(J|^^ MASI'ER AND SERVANT. 4& (2) Where no specific rate of wages h.as been expressly agreed to Where no between tlie parties, the city Police Magistrate aforesaid may order spe-^iBo rate of payment of the wages, reckoning the amount thereof according to the „„_ current rate of wages in the city in like cases, or according to what may appear to be a just and reasonable allowancce. (3) In case the master or employer claims a set-ofF, the Police Magi- When master strate shall investigate the set-off and give judgment for the balance <''*'"""*^''"°^' of wages, if any, due to the claimant, after deducting such set oflf. The Police Magistrate shall not have jurisdiction to adjudicate upon a claim of set-off exceeding the claim for wages, except to the extent of the wages. .j9 V. c. 38, s. 10. 10— (1) Any order of a city Police Magistrate for the payment of such wages as aforesaid shall be payable forthwith, and a wairant of distress shall be issued accordingly, unless the master makes oath, and the Police Magistrate believes, that the master is unable to make the payment forthwith, and expects to be able to pay and intends to pay the same within the time given, and unless als^o the Police Magis- trate considers the proposed oelay to be under all the circumstances reasonable. Tlie Magistrate, if he sees fit, may order security to be given as a condition of delay. (2) In case of an adjournment at the instance of the master, the adjournment shall be on payment then and there for the chaimant's, time in attending the ctmrt (the amount to be fixed by the Police Magistrate) unless the J[agistrate sees reason for dispensing with such immediate payment. (3) In any case under this or the next preceding section the order of a Police Magistrate shall be subject to appeal as the decision of a Division Court Judge would in a like case be subject to appeal. (4) The Order of the Police magistrate fen- payment may be filed in that Division Court which would be the proper court for bringing an action for the wages, and on such filing the or«<::' shall thereby become a judgment of the said Division Court, and may be treated in all re- spects and enforced as a judgment of the said Court. 59 V. c. 38, s. 11. Order for pay- ment of wastes enforcing. Adjournment, at instance of master. Appeal from order. Order of Police Magis- trate may be enforced in Division Court. 11. — (1) Every summons issued under this Act against an individ- Service of ual, firm or corporation not having his or tiieir chief place of business '"™"'°'"'' **"■ within the Province, and every subsequent paper or proceeding in the action or proceeding in which the sunnno!is has been issued may be seived (except in the case provided for by sub-section 2) upon the per- son or persons to whom it is directed either by delivering it to him or them personally, or if such person or persons cannot conveniently be found, by l(>aving the same for him or tliem at any place where such individual, firm or corporation carries on business within the county or district in which tiie Justice of the Peace issuing the summons has jurisdiction, with some adult person employed in the office or place of business of such person or persons. 59 V. c. 38, s. 4. (2) In cases against I'ailroad, telegraph, telephone and express com- Service on oer- panies every such .«unnnons and other papers may be served on any *»'" P»V'''' agent of the company whose office or place of business as such '^"""^ lagent is within such county or district ; and for the purposes of this Btion the word " agent ' shall be held to include : — 4 mim mmmmmmmmmm nP|||iPPiiP^i"iWi"^^ 50 Effect of ser- vice under this aectioD. Mode of appeal. Notice of appeal. Bond on •appeal. Ca«e to be entered by derk. LABOUR LAWS OF ONTARIO. (a) In the case of a rail *v ay company, a station master having charge of a station belonging to the railway company ; (b) In the case of a telegraph company, a person having charge of a telegraph office belonging to the telegraph company ; (c) In the case of a telephone company, a person having charge of a telephone office belonging to the telephone company ; and ((/) In the case of an express company, a person having charge of an express office belonging to the express company, 59 V. c. 38, s. 5. (3) Service performed as authorized by this section .shall be deemed equal to and have the same effect as personal service. 59 V. c. 38, s. 6 ; 60 V. c. 3, s. 3. APPEALS. 18- All appeals from or against any conviction or order for the pay- ment of wages, or any order of dismissal from service or employment or against any decision of any Justice or Justices under this Act shall be made to the Division Court, held in the division in which the cause of action arose, or in which the party or parties complained against, or one of them, resided at the time of the making of the complaint, or (excep6 in the case of a complaint by any person mentioned in section 25) to the Division Court holden in the division in which the party or parties complained against, or one of them, carried on business, and in. case of dismissal of the appeal or affirmance of the conviction, order or decision, the Court appealed t(» shall order and adjudge the offender to be punished according to the conviction, or shall enforce the order for payment of wages or of dismissal, as the case may be, and for the pay- ment of the costs awarded, and shall, if necessary, issue process for carrying such judgment into effect. R.S.0. 1887, c. 139, s. 14 ; 59 V. c. 38, ss. 7 and 12. 19. The jjerson proposing to appeal shall give to the opposite party a notice in writing of iiis appeal, and of the cause or matter thereof, within four days after such conviction, order, decision or judgment, and eight days, at least, before the holding of the Court at which the appeal is to be heard, and shall also, within the four days, enter into a bond to the opposite party with two sufficient sureties — to be approve:? of by the clerk of the Court— in the penal sum of $100, conditioned personally to appear at the said Court and try the appeal and to abide the judgment of the Court thereon, and to pay such costs as shall be by tlie Conrt awarded, and upon tiie notice being "served and bond executed and tiled witii the clerk, all proceedings on the order, conviction or decision appealed against shall be stayed until the determination of the appeal, R. S. 0. 1887, c. 139, s. 15. /JO. Except in the case of a complaint by any person mentioned in section 25, it shall not be nece.ssary for the appellant to enter into or join in an appeal bond to the opposite party, but a bond shall be sufficient if executed by two sufficient sureties only, and approved of by the clerk of the court, in the penal sum of one hundred dollars, conditioned to the effect by section 19 of this Act provided. 59 V. o. 38, 8. 9. ?81. — (1) The clerk shall, on the bond and notice of appeal with an affidavit of service thereof being filed in his office, enter the cause in his procedure book, and the appeal may be tried with a jury if the ^W«ft..,., BIASTER AND SERVANT. 51 appellant files with the clerk at the time of filing the bond a notice requiring a jury, or if the respondent, within four days after the ser- vice of the notice of appeal upon him, files a notice with the clerk, requiring a jury, and if the proper fees are, in either case, deposited with the clerk ; otherwise the Judge may try the appeal without a ' jury or nay summon a jury from the body of the Court as to him seems meet. R. S. O. 1887, c. 139, s, 16. (2) If at the time of filing a notice requiring a jury, the proper Waiver of jury fees are not deposited with the Clerk by the party filing such right to jury, notice, he shall be deemed to have waived the right to have the appeal tried by a jury. 59 V. c. 38, s. 8 (2). ^i. Upon the application of either party to an appeal the Judge, Time and subject to the right of either party to have the same tried by a jury place for b«ap- as hereinbefore provided, may try the appeal at such time and place '"^ »PPeal». as he may appoint, and upon such notice as to him seems reasonable. 59 V. c. 38, s. 8 (I). 2JJ. In case of the dismissal of the appeal or affirmance of the con- ProceedingB viction, order or decision, the Judge may order and adjudge the in case of ap- the offender to be punished according to the conviction or order, or he ^^^ffij^d**** may direct the enforcement of the order for payment of wages or of dismissal, as the case may be, with the payment of the costs awarded, and any order or orders made by him in the premises shall be enforced and carried into execution by the otiBcers of the Court. The Judge may direct execution to issue for the levying of any moneys or costs awarded or ordered to be paid, and in the event of any such moneys or costs being payable by the appellant, which have not been levied under execution against the goods of the iippellant, the Judge may order the bond to be delivered up to the respondent, who shall be entitled to recover the amount due him with cost! in any Division Court having jurisdiction. R. S. O. 1887, c. 139, s. 17. AGHEEMENrS WAIVING ACT. 24. Every agreement or bargain, verbal or written, express or Contracts implied, which has heretofore been made or entered into, or which waiving may hereafter be made or entered into, on the part of any workman. Act tobevofd. servant, labourer, mechanic, or other person employed in any kind of manual labour intended to be dealt with in this Act wiiereby it is agreed that this Act ehall not apply, or that the remedias hereby provided shall not be available for the benefit of any person entering into such agreement, is hereby declared to be null and void and of no eiFect as against any such workman, servant, labourer, mechanic, or other person. 59 V. c. 38, s. 3. NON-APPLICATION OP CERTAIN SECTIONS. 25. Sections 15, 16, 22 and 24 shall not apply to any foreman, Sections 16, manager, officer or other person whose wages are more than $3 a day. 16, 22 and 24 to certain ■ peraoni. 59 V. c. 38, s. 12. ••^^^^^^^^^^^^mmnm^^mmimmF'mm'm 52 LABOUR LAWS OF ONTARIO. Preamble, Short title. TRADE DISPUTES. R. S. 0., 1897, Cap. 158. An Act respecting Councils of Conciliation and of Arbitration for settling Industrial Disputes. Short title, s. 1. Intbupketation, s. 2. Disputes within the Act, s, 3, Reoistkak, s. 4. Council of conciliation, s. 5. Procedure for conciliation, ss. C-13. Councils of arbitration, ss. 14-15. Procedure for aruitration, ss. 16-22. Powers of Councils, s. 2.3. Professional assistance prohibit- ed, s. 24. Parties not to pay Registrar, s. 25 Remuneration of members of coun- cil, s. 2(). Witness fees, s. 27. rk(iui,ations and forms, ss. 28, 29. Irregularities, s. 30. TT7HEREAS there is reason to believe that the establishment of y 1 councils of conciliation and arbitration for the friendly settle- ment of disputes between employers and employees would conduce to the cultivation and maintenance of better relations and more active sympathies between employers and their employees, and would be of benetit in the public interest by providing simple methods for the prevention of strikes and lock-outs, trom which industrial operations and the welfare of the country generally may suffer injury ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act maybe cited as '^ The Ontario Trade Deputes Con- ciliation and Arbitration Act," or as "The Trade Disputes Act." 57 V. c. 42, s. 1. InterpretatioB %. In this Act, the word "employer" shall mean any person or body of persons, incorporated or unincorporated, employing not less than ten workmen in the same business in which the trade dispute has arisen ; "Employer." the word " employee " shall mean any person in the employment of an "Employee." employer, as defined by this Act. lu V. c. 42, s. 2. Claims and disputes within the Act. ;{, — (1) A claim or dispute under this Act shall include any dis- agreement between any employer and his employees in respect of any of the matters following : — 1. The price to be paid for work done, or in course of being done, whether such disagreement shall have arisen with respect to wages, or to the hours or times of working ; 2. Damage alleged to have been done to work, delay in finishing the same, not finishing the same in a good and workman- like manner or according to agreement ; or a dispute re- specting materials supplied to employees and alleged to be bod, or unfit, or unsuitable ; m9iljn„ (3) Either party may lodge the nomination papers with the Kej^istrar nomination at any time after the dispute has arisen ; and if the Registrar lias not papers. already received a nomination of two conciliators on behalf of the other party, he shall give notice to such other party of the nomination which he has received. Extraordinary (4) Any vacancy in 7 V. c. 42, s. 1:5. If THE COUNCILS OF ARHITRATIO.V. 14. — (1) There frliall be two Councils of Arbitration, a council of Kstftblishment arbitration for tlie settlement by award in respect of disputes and "^ "'"'";''' "^ 'irlti LFiiititoii claims other tiian between railway companies (including street railway ' companies) and wage-earners employed in respect of railway con- struction or traffic on railways ; and a Council of Arliitration in respect of tlie disputes and claims between such railwiiy companies and wa.;e-eainers so employed in respect of railway construction or traffic on railways. (2) Each Council of Arbitration shall consist of three ineml.en employers and employed, shall be entitled to one vote ; but this shall not be deemed to include co-operative associations or societies formed under the Jiei?ised Utatule respecting Co-operative Amnciations. Rev. Stat. c. 202. . ' \. I'^or clio(jsing the person to be recommended by employees of Who may railway companies as a member of the Council of Arbitration in vote for per- matters belonging to railways, every organization in the Province, ^""J"^"^^^^ whether incorporated or unincorporated, exclusively representing the in the interest interest of wage-earners employed in respect of railway construction "^ railway or trathc on railways .shall be entitled to one vote; but this shall not ^"^ °^**** be deemed to include co-operative associations or societies. 5. The Registrar shall give notice in the Ontario Gazette, calling on Notice to all organizations and pei'sons entitled to vote for a member to be r^P"'^"'**'"" recommended to either Council, or claiming to be so entitled, to com- municate with him on or before the 1st day of August, 1898, and every second year thereafter. Such notice is to be inserted for at least four weeks Ijefore the said cay in each of the said years. 6. The Registrar shall forthwith, after the 1st day of August afore- Lists to be said, prepare a list of the persons and organizations appearing to be prepared, entitled to vote for a person to be recommended for appointment to each of the said Councils respectively, and may refer any doubtful claim to the Minister of Agriculture for his advice or direction. 7. Each list so to be prepared shall give the la.st known post office address of every person and organization entitled to vote as employers and employees respectively for the said Councils respectively, and shall be published in the Ontario (iazette, and shall be open to inspec- tion at any time by any person without fee, in the office of the Regis- trar during office hours. 8. Between the 1st and 30th days of September, 1898, and between Voting papers the same days of every second year thereafter, the Registrar shall *°^^g^i(.jgj transmit by post to the address of each person and organization to persons en- entitled to vote, a voting paper ; and such voting paper may be in the titled to vote, following form : — Voting paper of (naming ,'8 $3 Wliole-tlay sittings .... $4 Half day sittings 82 out of any funds which may be provided hy the Legislature for that purpose. 57 V. c. 12, b. 21. *iTf. Witnesses shall bo entitled to the same fees as in a Division Witness («ei. Court. 57 V. c. 42, s. 25. 88. — (!) The Lieu tenant-Ciovornor may make regulations for the Rcgulationt. purpose of giving effect to any of the provisions or recjuirements of this Act, and all such regulations not being inconsistent with tiiis Act shall have the full eflfect of law on publication in tiie Ontario Gazette. (2) Su'h regulatii. I shall be laid before the Legislative Assembly within fourteen days after being published in the Ontario (Inze.tte if the Legislature is in session ; and if it is not in session, then such regulations shall be laid before the Assembly within fourteen days from the date of the fiivst day of the ensuing session of the Legis- lature. 57 V, c. 42, s. 2(;. ?5J>. The forms in the Schedule hereto or any other forms to the Forms like effect, may be useil for the purposes mentioned, with such alter- *"*'""'^*^' ations as the nature of the dispute or claim, the description of tho Council to which it is referred, the character of the parties or the circumstances of the case may render necessary. 57 V. c. 42, s. 27, 30. No proceeding under this Act shall be deemed invalid by Informalitiea reason of any B-f»H«iy, ripj^jw.; .■''liW*'!!."' n r- , 5 i g2 LABOUR LAWS OF ONTARIO, the undersigned, as managers for the said employers, do hereby name and declare And to be conciliators for such employers ; and we, the undersigned, as managers for the employees, do hereby name and to be the conciliators for such employees upon sucli council as aforesaid. The dispute or claim is as follows Qiere state the matter or matte u in dispute.) Now, ve the parties hereto, do hereby request the Kegistrar to have the said dispute or claim referred to a council of conciliation consisting of the aforesaid persons. {To be signed by the) Managers for the Employers. Manageid for the Employees. Witness : {Appcintmerd of Managers to be attached.) See Form D. FoKSt C. {Section 6.) Application by One Pauty to Refer to Cos-.iliation. {Date.) Whereas a dispute or claim, has arisen between , employers and employees ; we, the undersigned managers for and on behalf of the afosesaid. apply to have the said dispute or claim referred to a council of conciliation, and hereby name and declare of and of to be our conciliatora upun such council as aforesaid. The dispute or claim is as follows {here state the matter or matters in dispute.) ' Managers for {Appointment of Managers to be attached.) See Form D. Form D. {Section %) AITHORTY TO MANAGERS- TO ACT. We, the undersigned employers (or employees), one of the parties to the dispute or claim between and authorize of of and of to represent us, as managers before the council of conciliation and we hereby agree to be bound by the acts of these our representatives. Dated this day A.D. 189 {Where the appointment is made by employees it should be signed by not fewer than ten of such employees.) Witness : Form E. ^ (Section 12.) CONVENING A MEETING OF CONCILIATORS. {Date) I beg to inform you that you have been Belecte -ll 68 •• PMUng." :, "lUUway MTTknt." Whan work- man to have cl*im agkinit •mployer. Employer, who to bo deaiiMd. LABOUR LAWS OF ONTARIO. made before or after the passing of this Act, is expressed or implied, oral or in writing, and is a contract of t. "vice or a contract personalty to execute any work or labour. 56 V. c. 26, s. 1. 4. " Packing " shall mean a packing of wood or metal, or some other equally substantial and solid material, of not less than two inches in thickness, and which, where tilled in, shall extend to within one and a half inches of the crown of the rails in use on any railway, sha be neatly fitted so as to come against the web of such rails, and i^v be well and solidly fastened to the ties on which such rails are laid. 5. "Railway servant" shall mean and include a railway servant, tramway servant, and street railway servant. 55 V. c. 30, s. 2 (4-5). 3. Where personal injury is caused to a workman — 1. By reason of any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the business of the employer; or 2. By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence ; or 3. By reason of the negligence of any person in the service of the employer to whose orders or directions the workman at the time of the injury was bound to conform and did conform, where such injury resulted from his having so conformed; or 4. By reason of the act or omission of any person in the ser- vice of the employer done or made in obedience to the rules or by-laws of the employer, or in obedience to particular instruc- tions given by the employer or by any person delegated with the authority of the employer in that behalf ; or 5. By reason of the negligence of any person in the service of the employer who has the charge or control of any points signal, locomotive, engine, machine, or train upon a railway, tramway or street railway ; the workman, or, in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of, nor in the service of the employer, nor engaged in his work. 55 V. c. 30, s. 3. 4.— (1) Where the execution of any work is being carried into effect under any contract, and (a) The person for whom the work, or any part thereof, is done, owns or supplies any ways, works, machinery, plant, build- ings, or premises used for the purpose of executing the work : and (b) By reason of any defect in the condition or arrangement of such ways, works, machinery, plant, buildings or premises, personal injury is caused to any workman employed by the contractor or by any sub-contractor ; and "WHWRLfc, I^ijp^l^ WHPfPPI^i^ workmkn's compensation for injuries. 69 (e) The defect or the failure to discover or remedy the defect arose from the negligence of the person for whom the work or any part thereof is done, or of some perRon being in his service and entrusted by him with the duty of seeing that such condition or arrangement is proper ; the person for whom the work, or that part of the work is done shall be liable to pay compensation for the injury as if the workman had bean employed by him, and for that purpose shall be deemed to be the employer of the workman within the meaning of this Act. Provided, always, that any such contractor or sub-contractor shall be liable to pay compensation for the injury as if this section had not been enacted, ■o however that double compensation shall not be recoverable for the same injury. (2) Nothing in thit section contained siiall affect any rights or liabilities of the person for whom the work is done and the contractor ♦ and sub-contractor (if any) as between themselves. 55 V. c. 30, s. 4. 5. Where within this Province personal injury is caused to a work-Injitrias man employed on or about any railway, ^^ r«lw»jr». 1. By reason of the lower beams or membei ' of the superstruc- ture of any highway, or other overhead bridge, or any other erection or structure over said railway, not being of a sufficient height from the surface of the rails to admit of an open and clear headway of at least seven feet between the top of the highest freight cars then running on such railway, and the bottom of such lower beams or members ; or, 2. By reason of the space between the rails in any railway frog, extending from the point of such "'og backward to where the heads of such rails are not less than five inches apart, not being filled in with packing ; or, 3. By reason of the space between any wing-rail and any railway frog, and between any guard-rail and any other rail fixed and used alongside thereof as aforesaid, and between all wing-rails where no other rail intervenes, (save only where the space between the heads of any such wing rail and railway frog as aforesaid, or between tlie heads of any such guard-rail and any other rail fixed and used alongside thereof as aforesaid, or between the heads of any such wing-rails where nv> other rail intervenes as aforesaid, is either less than one and three-quarters of an inch or more than five inches in width), not being at all times during every montii of April, May, June. July, August, Sep- tember, October and November filled in with packing ; such injury shall be deemed and taken to have been caused by reason of a defect within the meaning of clause numbered 1 of section 3 of this Act, but nothing in this section contained shall be taken or con- strued, as in any respect, or for any purpose restricting the meaning of the said clause. 55 V. c. 30, s. 5 ; 60 V. c. 16, Sched. A (57). 6. A workman, or his legal representatives, or any person entitled in Ese«ptiona t» case of his death, shall not be entitled under this Act to any right of pr«<»^n« comp 70 LABOUR LAWS OF ONTARIO. 1. Under clause 1 of section .'i, unless the defect therein mentioned arose from oi- had not been discovered or remedied owiig to the negli gence of the employer or of si>nie person entrusted Sy him with the duty of seeing that the condition or arrangement of the ways, works, machinery, plant, building or premises are proper. '2. Under clause 4 of section 3, unless the injury resulted from some impropriety or defect in the rules, by-laws, or instructions therein mentioned ; provided, time where a rule or by-law has been approved, or has been accepte 1 as a proper rule or by-law, either by the Lieu- tenant-Governor in Council, or under and pursuant to any provision in that behalf of any Act of the Legislature of Ontario, or of the Parliament of Canada, it shall not be deemed for the purposes of this Act to be an impropei- or deft, ive rule or by-law. .'?. In any ca^e where the workman knew of the defect or negligence which cansed his injury, and failed without reasonable excuse to give or cause to be given within a reasonable time, ii forni.ition thereof to the employer or some person superior to himself in the service of his employer, unless he was aware that the employer or such superior already knew of the said defect or negligence. Provided, however, that such workman shall not, by reason only of bis continuing in the employment of the employer with knowledge of the defect, negligence, act, or omission, which caused his injury, be deemed to have volun- tarily incurred the risk of the injury. i)5 V. c. 30, s. G ; 60 V. c. 14, s. 85. E Limit of amovnt t f _ (•■ipcniii.tion. ■J. The amount of compensation recoverable under this Act shall not exceed either such sum as may be found to be ecjuivalent to the estimated earnings, during the three years preceding the injury of a person in the same grade employed during those years in the like employment within this Province, or the sum of fifteen hundred dollars, whichever is larger ; and such compensation shall not be sub- ject to any deduction or abatement, by reason, or on account, or in respect of any matter or thing whatsoever, save such as is specially provided for in section 1 2 of this Act, 55 V. c. 30, s. 7. ! Distribution g. When in any action under this Act compensation is awarded in tioB^""''*"** the case of the death of a workman for an injury sustained by him in the course of his employment, the amount recovered, after deducting the costs not recovered from the defendant may, if the Court or Judge before whom the action is tried so directs, be divided between the wife, or husband, parent and child of the deceased in such shares as the Court or Judge, with or without aswsssors, as the case may !», or if the action is tried by a jury, as the jury may determine. 55 V. c. 30, s. 8. Liaaitof time 0- Subject to the provisions of sections 13 and 14, an action for owSroiation^ the recovery, under this Act, of compensation for an injury shall nob be maintainable against the employer of the workman, unless notice that injury has been sustained is given within twelve weeks, and the action is commenced within six months from the occurrence of the accident causing the injury, or in case of death within twelve months from the time of death ; provided always that in case of death the want of such notice shall be no bar to the maintenance if such action, workmen's compensation for injuries. 71 if the Judge shall be of opinion that there was reasonable excuse for such want of notice. 55 V. c. 30, s. 9. 10- No contract or agreement made or entered into by a workman Contract by shall be a bar or constitute any ilefence to an action for the recovery workman under this Act oE compensation for any injury, BtituUa*de- 1. Unless for such workman entering into or making such con- 1*"°* J? •?*i°'' o . , ° . ^, tor compensa- contract or agreemimt therH was other consideration thantion. that of his being taken into or continued in the employ- ment of the defendant ; nor 2. Unless such other consideration was in the opinion of the Court or Ju(lj;e before whom such action is tried, ample and ade- (juate ; nor 3. IJnUss, In the opinion of the Court or Judge, such contract or agreement, in view of such other considerations was not on the part of the workman, improvident, but was just and reasonable ; and the burden of proof in respect of such other consideration, and of the Slime being ample and adetjuate, as aforesaid, and that the contract was just and reasonable and was not improvident as aforesaid, shall, in all cases, rest upon the defendant; Provided always that not- provi«o. withstanding anything in this section contained, no contract or agree- ment whatsoever made or entered into by a workman shall be a bar or constitute any defence to an action foi- the recovery under this Act of compensation for any injury happening or caused by reason of any of the matters mentioned in section H of this Act. 55 V. c. 30, s. 10. II. Notwithstand der section 3, 4 or 5 of the deceased employer ing anything contained in this Act, an action un- Liability of J shall lie against the legal personal representatives P"*°°*'''*P' 55 V. c. 30, s. 1 1 tH- There shall be deducted from any compensation awarded to any Money pay- workman or representatives of a workman, or persons claiming by, un- ''^'^ Il°"5' , , ,, i , . ^ c «..••• penalty to be der, or thi'ough a workman in respect or any cause of action in'ising Jiejyctgd fp^m under this Act, any penalty or damages or part of a penalty or compensation, damages which may be in pursuance of any other Act, either of the Parliament of Canada, oi of the Legislature of Ontario, have been paid to such worknian, representatives or persons in respect of the same cause of action ; and where an action has been brought under this Act by any workman, or the representatives of any workman, or any person olaiming by, under, or through such workman, for compensation in respect of any cause of action aris- ing under this Act, and payment has not previous y been made of any penalty or damages, or part of a penalty or damages under any such Act, either of the said Parliament, or of the said Legislature, in respect of the same cause of action, such workman, represetatives or persons shall not, so far as the said Legislature has power so to enact, be entitled thereafter to receive in respect of the same cause of action, any such penalty or damages, or part of a penalty or damages, under any such last mentioned Act. 55 V. c. 30, s. 1 2. 13 — (1) Notice in respect of an injury under this Act shall give the form and ser- name and address of the person injured, and shall state in ordinary ^\^?^ notice *-4 » ,1 7« LABOUR LAWS OF ONTARIO. language the cause of the injury and the date at which it was suitain- ed, and shall be served on the employer, or if there is more than one employer, upon one of such employers. (2) The notice may be served by delivering the same to or at the re- sidence or place of business of the person on whom it is to be served, (3) The notice may also be served by post, by a registered letter ad- dressed to the person on whom it is to be served at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary coui'se of post, and in proving the service of such notice it shall be sufficient to prove that the notice was properly addressed and registered. (4) Where the employer is a body of persons corporate or unincor- porate the notice shall be served by delivering the same at or by send- ing it by post in a registered letter addressed to the office, or if there be more than one office, any one of the offices of such body. (6) The want or insufficiency of the notice required by this section, or by section 9 of this Act, shall not be a bar to the maintenace of an action for the recovery of compensation for the injury if the Court or Judge before whom such action is tried, or, in case of appeal, if the Court hearing the appeal is of opinion that there was reasonable excuse for such want or insufficiency, and that the defendant has not been thereby prejudiced in his defence. (6) A notice under this section shall be deemed sufficient if in the form or to the effect following : To A. B., of (here insert employer's address) or To the Company (or as the case may be). Take notice, that on the day of 18 , C. D.,of (insert address of injured person) a workman in your employment sustained personal injury (and of which he died, if sitch be the case), and that such injury waa caused by (state shortly the cause of injury, e.g., the fall of a beam). (Date.) Yours, etc., X. Y. 55 V. c. 30, s. 13. Defence of 14. If the defendant in any action against an employer for compen- '''*°*t*th*'***''* sation for an injury sustained by a workman in the course of his employ- pbuiiti£F'a em- ment intends to rely for a defence on the want of notice or the insuffi- ployer. ciency of notice, or on the ground that he was not the employer of the workman injured, he shall, not less than seven days before the hearing of the action, or such other time as may be fixed by the rules regulating the practice of the Court in which the action is brought, give notice to the plaintiff of his intention to rely on that defence, and the Court may, in its discretion, and upon such terms and conditions as may be just m that behalf, order and allow an adjournment of the case for the pur- pose of enabling such notice to be given ; and, subject to any such terms and conditions, any notice given pursuant to and in compliance with the order in that behalf, shall, as to any such action and for all purposes thereof, be held to be a notice given pursuant to and in con- formity with sections 9 and 13 of this Act. 55 V. c. 30. s. 14. •jfecuft*,^ WORKMEN 8 COMPINSATION FOR INJURIES. 78 I5< In an aoliun brought under this Act the particulars of demand Particolan of or Btatement of claim shall state in ordinary language the cause of the d'lB*'")- injury, and the date at which it was sustained, and the amount of compensation claim e«l , and where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff, .and when! the injury of which the jilaiiitiff <-oniplains shall have arisen by reason of the negligence, act, or omission of any person in the ser- vice of the defendant, the particulars shall give the name and descrip- tion of such person. .')") V. c. 30, s. 15. BO. — (!) Upon the trial of an action for recovery of compensation AppUoAtion under this Act before a Judge without a jury, one or more assessors ^'" *''£?*''*' may be appointed by the Cou^' or Judge for the purpose of ascertain- "'f trrr r ing the amount of compensation ; and the remuneration (if any) to be paid to such assessors shall Iw fixed and determined by the Judge at the trial. (2) Any person who shall, as hereinafter provided, be appointed to act as an assessor in such action, shall be ((ualiHed so to act. (3) In such action, a party who desires assessors to be appointed shall, ten clear days at least Ijefore the day for holding the Court at which the action is to be tried, file an application stating the number of assessors he proposes to lie appointed, and the names, addresses and occupations of the persons who may have expressed their willingness in writing to act as assessors. ] f the applicant has obtained the consent of the other party to the persons named lieing appointed, he shall tile such consent with his application. (4) Where the application for the appointment of assessors has been made by one party to an action only, he shall, eight clear days at least l)efore the day tor holding the Court at which the action is to be tried, serve a copy of the application, so filed, upon the other party, who may then either file an application for assessors, or file objections to one or more of the persons proposed. (5) An application for the appointment of assessors may be in the form following, or to the like effect, namely : In the {describiiiij the Court) '* The Workmen's Compensation for Injuries Act." Kktwkbn, Plaintiff, and ' Defendant. The plaint ff On- defendant) applies tu have an aase'sor (or assessors) appointed to assist the Court in ascertainini^ tlie amount of compensation to be awarded to the plaintiff, should the judgment be in his favour, and he submits the names of thd following persons, who have expressed their will- ingness in writing to act as assessors should they be appointed. (£f«re set out the names, addretses and occupation qf the persons above re- /errtd to.) (If the other part fi emuents to the appointment add the foUotoing : The defendant (or plaintiff) consents to the appointment of any of the persons above named to act as assessors in this action, as appears by his con- sent thereto filed herewith. Dated this day of A.B. The above named plaintifi, {or at the ease may be.) I 74 LABOUR LAWS OF ONTARIO. (6) Where separate applications are filed by the parties, no objection to the persons prupoKed shall be made by either party, but the C«>urt or Jud^e may appoint from the persons named in each application one or more ass(>.s.sor or assesNurs, provided that the same number of asses- so>-s l)e appointed from the names given in Huch applications respective- ly. 55 V. c. 30, 8. 1(3 (l-(5). AMeagors in fy^ In case any such action is brought in a Division Court the ap- Court plication for the appointment of assessors, together with any objections made to the persons proposed, shall be forwarded by the clerk of the Court to the Judge. 55 V. c. 30, s. 16 (7). ApMlntinent m Where application for the appointment of assessors is granted, Judge. ° tbo Court or Judge shall appoint such of the persons proposed for as- sessors as by the Court or Judge may be deemed fit, subject to the provisions contained in this Act. 55 V. v, 30, s. Hi (8'. Additional MBesaora. Whereas- acaaors do not attend at trial. 19. In such action where an applicati — (I) In case several actions shall be brouuht under this Act Staying lever- against a defendant in the same Court in respect of the same negli- "l'a**« 'nit* gence actor omi.ssion, the def(;ndant may, on tiling an undertaking of one. to be bound so far as his liability for such negligence, act or omi.ssion is concerned by the decision in such one of the said actions as may be selected by the Court or Judge, apply to the Court or Judge for an order to stay the proceedings in the actions other than in the one so selected, until judgment is given in such selected action. (2) Applications for stay of proceetlings shall bo made upon notice to the plaintiffs affected by stay of proceedings or ex parte. 30, 8. 17 (3, 4). 5.') V, c. %K. Upon the hearing of an application for consolidation of actions Terma of con> or for stay of proceeding.s, the Court or Judge .shall have power to*"''™'''""" impose such terms and conditions and make such ortler in the matter as may be just. ')5 V. c. 30, s. 17 (5). /88. If an order shall be made by a Court or Juilge upon an ex parte Varying application to stay proceedings, it shall be competent to the plaintiffs ""••r* affected by the order to apply to the Court or Judge (as the case may be) upon notice or ex parte, to vary or discharge the order so made, and upon such last mentioned application such order shall be made as the Court or Judge shall think tit, and the Court or Judge shall have power to dispose of the costs occasioned by such order as may be deemed right. 55 V. c. 30, s. 17 (G). *X9. In case a verdict in the selected action shall be given against Removal of the defendant, the plaintiffs in the actions stayed shall be at liberty ***y' to proceed for the purpo.se of ascertaining and recovering their damages and costs. 55 V. c. 30, s. 17 (7). 30. Where two or more persons are joined as plainti9s under Damages to section 25, and the neglicence, act or omission which is the cause of ''* separately action shall be proved, the judgment shall be for all the plaintiffs, but the amount of compensation, if any, that each plaintiff is ec titled to shall be separately found and set forth in the judgment, and the amount of costs awarded in the action shall be ordered to be paid to such person, and in such manner as the Court or Judge thinks fit ; should the defendant fail to pay the several amounts of compensation ^xecutior. and the costs awarded in the action, execution may issue as in an ordinary action, and should the proceeds of the execution be insuffi- Adrnfauionx by notice. LABOUR LAWS OF ONTARIO. cient, after deducting all costs, to pay the whole of the amounts awarded, a dividend shall be paid to each plaintiff, calculated upon the proportion of the amount awarded to the respective plainti£b to the total amount realized after the deduction of all the costs of the action as aforesaid. 55 V. c. 30, s. 17 (9). lit. A defendant may by notice to the opposite party to be given or served at least six days before the day appointed for the trial of the action, admit the truth of any statement of his liability for any alleged negligence, act or omission as set forth or contained in the plaintiff's statement or particulars of claim in the action, and after such notice given the plaintiff shall not be allowed any expense there- after incurred for the purpose of proving the matters so admitted. 55 V. c. 30, s. 17 (8). 3%. Where the time for doing any act, taking any proceeding or giving any notice under or required by this Act expires on a holiday such act, or proceeding, or notice shall, so f ^r as regards the time of doing, taking or giving the same, be held to \te duly and sufficiently done, ta'-'^n or given, if done, taken or given, on the day next follow- ing which is not a holiday. 55 V. 2. 30, s. 18 ; fiO V. c. 3, s. 3. 33' In an action brought in any Court to recover compensation under this Act, the forms and methods, and the rules and orders in force in the Court shall, subject to and save as oth«i-wise provided by tne terms and provisions or this Act, apply to and regulate all matters of pleading, practice and procedure in such action, and notwithstand- ing anything iu this Act contained, the forms and method, and the pleadings, prretice and procedure in any such action shall conform to ivnd be regriated by any rules or orders in that behalf hereafter law- fully and r!uly made or prescribed with respect to actions brought in unv suc'i Court. 55 V. c. 30, s. 19. ^WSW***...'. *-- APPRENTICES AND MINORS. n APPRENTICES AND MINORS. R. S. O., 1897, Cap. 161. An Act respecting Apprentices and Minors. Interpretation, s 1. Minors : Appointment and authority of guardians, ss. 2, 3. Abandonment by parents, etc.. R. 4. May bind themselves to service in certain cases, s. 5. Apprenticing, ss. 6-8. Wages, B. 9, Transference of apprentice, ss. 10. 11. Duties of master, s. 12, of apprentice, s. 13. When indenture may be altered or annulled on application on behalf of apprentice, ss. 14-17. Deserting employment, s. 18. Proceedings on complaints against apprentice, as. 19, 20. Harbouring absconding appren- tices, 8. 21. W^hen master may avoid inden- ture, s. 22. Jurisdictior of General Sessions, sec. 23. Costs— Fines, ss. 24-25. Appeals, ss. 26 28. Powers of charitable societies, s. 29. H ER MAJESTY, by and witli the advice and consent of tlie Leg- islative Assembly of the Province of Ontario, enacts as follows : INTERPRETATION. 1. The word "Master," where it occurs in this Act, shall include Meaning of any person or number of persons, male or female, carrying on business tj>« word _^ singly or in co-partnership, and any body corporate. R. S. 0. 1887, ™** ^'^' c. 142, s. 1. ftl'ARDIANS TO MINORS. ^ !lj. Any parent, guardian, or any other person liaving the caia or Power of par- charge of a minor, or any charitable society authorized by the Lieu- ents, chant- tenaut-Governor to exercise the powers conferred by this Act, and ^Jj, j""!^*!*"* having the care or charge of a minor, may, with the minor's consent, if point guar- the minor is a male not under the age of fourteen years, or is a female oians to not under the age of twelve years, and without such consent if he or™'"'*'^' she is under such age, constitute, by indenture, to be the guardian of the child, any respectable, trustworthy person who is willing to assume, and by indenture or other instrument in writing does assume, tiie duty of a parent towards the child ; but the parent shall remain liable for the performance of any duty imposed by law in case the guardian fails in the performance thereof. R. S. 0. 1887. c. 142, s. 2. !|. The guardian shall thereupon possess the same authority over Authority the child as he or she would have were the ward his or her own child, guardian. and shall be bound to perform the duties of a parent toward such ward. R. S.O. 1887, c. 142, 8. 3. 1 f>- 1 j 78 LABOUR LAWS OF ONTARIO. order RIGHTS AND LIABILITIES OF MINORS. Parents and 4- No minor who lias been abandoned by his or her parent or guardlausof guardian, or who is dependent upon charity for support shall be no?to\:MitroT removed from any public or private charitable institution, or from the their custody custody or control of any private person who is charitably taking care except on ^f (_}jg niinor, by the father or mother or guardian of the minor againt the will of the head of such public or private charitable insti- tution, or of such private person, without an order for such removal from a Judge of the High Court or from the Judge of the County Court of the county, or Mayor or Police Magistrate of the city or town where the minor is ; and the Judge or other person hereby empowered to make an order for removal, may refuse to grant an order for the removal of the niinor, unless he is satisfied that the removal will tend to the advantage and benefit of the minor. 11. S. O. 1887, c. 142, s. 4. Minora may bind them- FC'lves to labour in cer- tain cases. a. When a minor over the age of sixteen years, who has no parent or legal guardian, or who does not reside with his parent or guardian, enters into an engagement written or verbal to perform any service or work, he shall be liable upon the same, and shall have the benefit thereof, as if he had been of legal age. R. S. O. 1887, c. 142, s. 5. APPRBNTICIJ: i MINORS. Power of 0. A parent, guardian, or other person having the care or charge £>f parents, chari- a minor, or any charitable society being authorized by the Lieutenant- etc. to bind ' t'Overnor in Council to exercise the powers conferred by this Act, and minors. having the care or charge of a minor, the minor being a male and not under the age of fourteen years, may, with the consent of the minor, put and bind him as an apprentice by indenture to any respectable and trustworthy master-mechanic, farmer, or other person carrying on a trade or calling, for a term not to extend beyond the minority of the apprentice ; or in case of a female not under the age of twelve years, may, with her consent, bind the minor to any respectable and trustworthy person carrying on any trade or calling, or to domestic service with any respectable and trustworthy person for any term not to extend beyond the age of eighteen years. H. S. O. 1887. c. 142, s. 6. Power given T. Where the father of an infant child abandons and leaves the to tl>e mother child with the mother, the mother, with the approbation of two father aban- Justices of the Peace, may bind the child as an apprentice to any dons his infant person mentioned in the last section, until the child attains the age of children. twenty-one years in the case of a male, and eighteen in the case of a female ; and an indenture to that effect under the hand u,nd seal of the mother and countersigned by such Justices shall be valid ; but no child, having attained the age of fourteen years, shuU be so appren- ticed, unless he or she consents. R. S. O. 1887, c. 142, s. 8. Certain 8. In a. city or town, the mayor, Judge of the County Court or minora may be Police Magistrate, and in a county, the Judge of the County Court of Mayor, Judged ^^^ county may put and bind for the like period to any person •tc. mentioned in the several sections of this Act, with the consent of such person and of the minor, (or if such minor is a male under the age of fourteen yean or a female under the age of twelve years then without APPRENTICES AND MINOBS. the consent of such minor), any minor who is an orphan or has been deserted by his or her parents or guardian, or whose parents or guardian have been for thf time committed to a coiamon gaol or house of correction, or .'n • wlio is dependent upon public charity for support ; and s;; ^ .utice and the master of such apprentice shall be held in the same manner as if the apprentice had been bound by his or her parent. R. M. 0. 1S87, c. 1 12, s. 8. J>. All wages reserved by a > ' iiture or otherwise to be paid for Wages of the service of any minor, shall, if not payable to the parent, be either ™''*°'™' payable to the minor or to some person for the benefit of the minor. R. S. 0. 1887. c. lt-2, s. !). Td 10. If the iimsterof tho ipnrentice dies, the apprentice if a male, If the masUr shall by act of law, be ;,iai:si. : ced to the person (if any) who con- J'*"' ^^P'®"' tinues tiie establishment of -iii deceased; and sucli person shall hold tranBferred to the apprentice upon the .same terms as the deceasjd, if alive would Wsgucoessorin have done. R. S. O. 1887, c. U'J, s. 10. the business. 11. A master may transfer his apprentice, with his consent to any Apprentices person who is competent to receive or take an apprentice and whoP^yV® *''"'*" carries on the same kind of business. R. S. 0. 1887, c. 142, s. 11. Vi. Every master shall provide his apprentice, during the term of Duties of his apprenticeship with suitable board, lodging and clothing, or such""**'®" ^' equivalent therefor as is mentioned in the indenture, and sliall alsoyceg. properly teach and instruct him, or cause him to be tauglit and instructed in his trade or calling. R. S. O, 1887, c. 142, s. 12. I!{. Every apprentice shall during the term of his apprenticeship u„ty of faithfully serve his master, shall obey all his lawful and reasonable apprentices, commands, and shall not absent himself from his service, day or night, without his con.sent. R. S. O. 1887, c. 142, s. 13. Alteration in mode of pay- ment of wages upon applica- tion for the purpose. Indenture may be an- nulled foi mis- conduct. 14 A Judge of the County Court or a Police Magistrate upon com- plaint made by a minor bound as aforesaid, or by any person on his or her behalf, or by the person to whom an apprentice is bound, may alter the mode in which payment of wages is to be made, by directing payment to the apprentice, or some other person, in lieu of the man- ner set out in the indenture ; or may on proof of gross misconduct or neglect of duty annul the indentuie of apprenticeship or of service, and may compel the person in whose possession, power, custody or lontrol the indenture is, to produce and deliver the same in Court, in order to have the indenture cancelled, or to have the order varying the said indenture endorsed thereon, as the case may require. B.S.O. 1887, c. 142, s. 14. 15- A County Court Judge or Police Magistrate may after allow- Committal for ing a reasonable time for production and delivery, issue a warrant for '""^•ng to the imprisonment of the person in default, for any term nou exceeding denture, six months, unless the indenture or instrument is previously produced and delivered for the purpose aforesaid. B. S. 0. 1887, c. 142. s. 15. 16. A Judge of the County Court or Police Magistrate upon com- Emancipation plaint of any minor over whom a person has been appointed guardian f"n 17- A Judge of the County Court in any case, and a Police Magis- o£ Indentureof trate in case the apprrjnticing of a child or the appointment of a guar- or »pw)int- * *^'*° under thi.«! Act has not been by the parent of the child, may on ment of the application of either the parent or the child, cancel the indenture guardian. of apprenticeship, if satisfied that the same was injudiciously or im- properly entered into ; or cancel the appointment of a guardian, and restore the child to the parent, if satisfied that the parent is a fit and proper person to take charge of the child ; ano in case such cancella- tion of the guardianship is on the application of the parent, the author- ity of the parent shall revive aa if no guardian had been appointed. R. S. 0.1887, c. 142,8. 17. Liability of apprentice de- aerting his mastar's aer- vice. 18- In case an apprentice absents himself from his master's service . ' employment before the time of his apprenticeship expires, he may at any time thereafter, if found in Ontario, be compelled to serve his master for so long a time as he so absented himself, unless he makes satisfaction to his master for the loss sustained by such absence. II. S. 0.1887, c. 142,8.18. How com- IJ>— (1) In case an apprentice refuses to serve as above required or plaints may be jq make such satisfaction to his master, or to obey the lawful com- mands of his master, or in any other way refuses or neglects to perform his duty to his master, and if the master or his overseer or agent, com- plains on oath to a Justice of the Peace or Police Magistrate, either in the county, city or town where the master resides, or in any county, city or town where the absconding apprentice is found, such Justice or Police Magistrate may cause the apprentice to be summoned to ap- pear or to be apprehended and brought before him, or before some other Justice of the Peace ; and such Justice, upon hearing the com- plaint, shall determine what satisfaction shall be made by the appren- tice to the master. Committal of (2) In case the apprentice does not give or make such satisfaction apprentice in immediately, or in case the satisfaction is of such a nature as not to ce^ in oases, g^jmit of immediate performance, if he does not give sufficient security to make such satisfaction, then the Justice or Police Magis- trate may commit the apprentice to the common gaol or house of cor- rection of the county, city or town, for any time not exceeding three months ; and such imprisonment shall not release the apprentice from the obligation to make up tlic lost time to the master. R. S. O, 1887, c. 142,8. 19. Limitation of 5J0. Wliere the apprentice has not left Ontario, or having left On- proceedingg tario, has returned thereto, the master siiali not proceed aga.ist the Bconding ap- apprentice under this Act, except within three years next after the prentice. expiration of the term for which the apprentice contracted to serve, or next after his return, as the case may be. R. S. O. 1887, c. 142, s. 20. Penalty for J{|. Any person who knowingly harbours or employs an absconding hw?K)*nring°' apprentice, shall pay to the master of the apprentice the full value of absconding the apprentice's labour ; and such value shall be what the master apprentices, would have received from the labour and service of the apprentice if APPRENTICES AND MINORS. he had continued faithfully in his master's service ; and the master may recover the same in any Court having jurisdiction where the ap- prentice has been employed, or where the master resides. R.S.O. 1887, c. U2,s. 21. 81 ?{'/;. If an apprentice becomes insane, or is convicted of a felony, or Indenture is seiiter.ced to the Central Prison, Provincial Reformatory, or to the ""."JJ ''* avoid- Pcnitdiitiary, or absconds, his master may within one month thence tice becomes next ensuing, but not afterwards, avoid the indenture of apprenticeship, insane, a con- from the time he gives notice in writing of his intention to do so to the ^'^'^'j^'^ **'" other parties to the indenture, either by serving them with the notice or a copy thereof, or by inserting the same in the Ontario Gazette, or in a newspaper of the county or city where the master's establishment is situated. R. S. O. 1887. c. 142, s. 22. *4ti. The Court of General Sessions of the Peace shall have a con- Jurisdiction of current primary jurisdiction over offences committed against this Act, General and shall also have authority to make any order which under this Act may be made by a Judge of the County Court. R. S. O. 1887, c. 142, s. 23. Sessions. 'i4. The Court of General Sessions, Judge, Police Magistrate or Costa. Justice, may, on any complaint or other proceeding under th'. Act make such order as to payment of costs as appears just. R. S. O. 1887, c. 142, s. 24. 'iii. All fines imposed and collected under this Act shall be paid to Application th* treasurer of the local municipality, where the offence was com-°f 8"®^- mitced. R. S. 0. 1887, c. 142, s. 25. ' APPEALS. 2C Either party may, except as to matters provided for in the next Appeal to section, appeal to the Court of General Sessions from the decision of a General Justice or Police Magistrate, under this Act, in manner provided for in cases of summary conviction ; and the said Court, when called upon to adjudicate upon an appeal in any matter under this Act, may make the like order as it might have made, had the complaint been brought before it in the first instance. R. S. 0. 1887, o. 142, s. 26. •J7. — (1) There shall be an appeal to a Judge of the High Court Appeal to a in Chambers from any order made by a Court of General Sessions, J^ *\'° County Court Judge, or a Police Magistrate, cancelling or varying an *"" *"' indenture of apprenticeship, or lancelliDg the appointment of a guardian ; such appeal shall be by summary petition, a copy whereof shall be served upon the opposite party within ten days from the day Proceedings upon which judgment is rendt'-red, unless a Judge of the High Court, or the Master in Chamliers allow further time ; and the petition shall be returnable upon the tenth day after the day of service thereof. (2) The Judge, or Master in Chambers aforesaid, in granting further time may impose such ttirms as to further evidence, costs and other- wise as he sees fit ; but the adjudication on the appeal shall be by the Judj^e only \i S. O 1887. c. 142. s. 27. 6 r I 82 LABOUR LAWS OF ONTAUIO. I Order of Judge. Further evi- dence. 28. The Judge, upon consideration of the evidence taken upon the hearing, (a certified copy whereof sliall be produced before him,) and such further evidence afore.said (if any) may make such order in the premises, and as to costs and otherwise, as lie may consider fitting ; or before adjudication upon the appeal, h» may in his discretion permit further evidence, either written oi oral, to be adduced upon such terms as he considers just. 11. S. O. 1HH7, c, 142, s. 28. POWEHS OF CHARITABLK SOCIETIES. I Oharltftble jjjj The Lieutenant-Governor in Council may authorize any charit- be authorized '^'^'*^ society, incorporated or unincorporated, to exercise for a limited to exercise time or otherwise, the powers conferred by this Act, and may revoke th?s Act'" ' "'" s"**P^"d ^^y Order in Couiifil made tor that purpose ; and after such revocation such Society .shall not posse.ss the authority to exercise such powers unless and until again authorized by Order in Council. R.8. O. 1S87, c. 142, .s. 29. r INNKEEPERS. R. S. 0. 1897, Cap. 187. An Act re.specting Innkeepers. H Ell MAJESTY, by and with the advice and con.sent of the Legislr.tivo Assembly of the Province of ( )ntario, enact.s as follows ; — Interpreta- tion. "Inn." " Innkeeper. |. In the construction of this Act : — 1. "Inn" shall include an hotel, inn, tavern, public lu)use or other place of refreshment, the keeper of which is now by law responsible for the goods and property of his guests ; and 2. " Inkeeper ' shall mean the keeper of any such place. H. S. i). 1887, c. 154, s. 1. Lien on bat'- ^. — (1) Every innkeeper, l)oarding-house keeper and K/dging-house gage, etc., for ]^g(,ppi. shall have a lion on the baggage and property of his guest, boarder tion, etc., fur- or lodger, for the value or prise of any food or accommodation fur- iiiHlitd, nnd nished to such guest, boarder or lodger, and, in addition to all other power to sell, rg^iedies provided by law, sha^l have the right, in case the same remains unpaid for three months, to sell by public auction the baggage and property of such guest, boarder or lodger, on giving one week's notice by advertisement in a newspaper published in the municipality in which the inn, boarding-house, or lodging-house is situate, or in case there is no newspaper published in the municipality, in a newspaper ■w^ 'V! |!WS«V INNKEEPERS. 88 published nearest to sucli inn, boarding house, or lodging-house, of the intended sale, stating the name of the guest, boarder or lodger, the amount of his indebtedness, the time and place of sale, and the name of the auctioneer, and giving a description of the baggage or other property to be sold ; and after the sale the innkeeper, boarding-house keeper, or lodging-house keeper may apply the proceeds of the sale in payment of the amount due to him, and the costs of such advertising and sale, and shall pay over the urplus (if any) to the person entitled thereto, on application being made by him therefor. (-) Where an innkeeper, hoarding-house keeper, lodging house Lien onhorses, keeper or livery stable keeper, has by law a lien upon a horse or other *'''^-' *"|| P"^" animal for the price or value of any food or acconnnodation supplied to such animal, or for care or labour bestowed thereon, ho shall, in addition to all other remedies provided by law, have the right, in case any part of such price or value remains unpaid for the space of two weeks, to sell by public auction such horse or other animal on giving two weeks' notice by advertisement in a newspaper published in the municipality in which the inn, boarding-house, lodging-house, or livery stable is situate, or in case there is no newspaper published in the municipality, in a newspaper published nearest to such inn, boarding-house, lodging- house, or livery stable, of the intended sale, stating (if known) the name of the person or persons who brought such horse or other animal to the inn, boarding-house, lodging-house, or livery stable, the amount of the indebtedness, and the name of the auctioneer, and gi\ing a description of the horse or other animal ; and after the sale, the inn- keeper, boarding-house keeper, lodging-house keepcir or livery stable keeper may ap|)ly the proceeds thereof in payment of the amount due to him in respect of food or accommodation supplied, or care oi' labour bestowed as afoi-esaid, and the costs of such advertisement and sale, and shall pay ovtsr the surplus, if any, to the person entitled thereto on a(>pliciition being made by him thercifor. 11. S. (). lS87, c. 151, s. '2. $.—(1 ) Mo innkeeper shall be lialile to make good to any guest of such innkeeper, any .o.ss of or injury to goods or property brought to his inn (not licing a horse or other live animal, or any gear ajipertain- ing thereto, or ,uiy carriage), to a greater amount than the sum of !i?40 except in the following ca?es, that is to say : («) Where such goods or property have Khmi stolen, lost or injured through the wilful act, default, or neglect of such inn- keeper, or any servant in his employ ; {{>) Wlieie such goods or property have been deposited expressly for safe custody with such innkeeper. (■J) Tn case of such deposit, it shall be lawful for such innkeeper, if lie thinks tit, to require as a condition of his liability that such goods »r property shall be deposited in a V)ox or other receptacle, fastened and sealed by the person dtpositing the same. R. S. O. 1887, c. ITi [, s. 3. Innkeeper not liable for loss of gooly°'»e ' shop. ii. Any number of persons carrying on trade as pawnbrokers in Partners, partnership in the saine house, shop or place need only take out a license for one house. R. S. O, 1887, c. 155, s. G. 1. Every pawnbroker shall have a sign, with his name and the To exhibit a word "Pawnbroker" in large legible chwracters thereon, placed over ^'S"- the door outside of the sliop, or other place used by him for carrying on business. R. S. O. 1887, c. 155, s. 7. 8. — (1) In ca.se a pawnbroker neglects to have such sign so placed, Penalty for he shall forfeit .$40 for every shop or place made use of for one week "''f'.?^' *? without having such sign so put up, to be recovered with costs, before'"'' * ' "^"' any Police Magistrate or two .lusticc-s of the Peace, and if such sum is not forthwith paid upon conviction, the same may, by warrant under the hand and seal of such Police Magistrate or two Justices of the Peace, be levied by distress and sale of the offender's goods. R. S. O. 1887, c. 155, .s. S, part. (2) If there is not a suihcient distress, or payment is not forthwith Committal made, the offender shall be connnitted to the county or district gaol, jn default of for a term not exceeding three months nor less than fourteen days, unless the penalty and cost-; are sooner paid. R.S.O. 1887, c. 155, s. 9. 9. Every pawnbroKer shall cause to be painted or printed in large Rates to be legible characters the rate of profit by this Act or by the Statutes of ^-'''^''''*®^- Canada allowed to be taken, and also the various prices of the notes ggg p_ g_ q or memorandums to be given according to the rates hereinafter men-c 128. tioned, and a statement of .such as are to be given gratis, and of the expense of obtaining a second note or memorandum where the former one has been lost, mislaid, destroyed or fraudulently obtained, and shall place the same in a conspicuous part of the shop or place where the bu.siness is carried on, so as to be visible to and legible by persons pledging goods. R. S. O. 1887, c 155, s. 10. 10. Every pawnbroker who takes any goods by way of pawn or Entries to pledge, whereon a sum above i?l is lent, shall, I'ef ore he advances or p^^*^^®^^,^ lends the money thereon, enter in a fair and regular manneiin a book to be kept by him for that purpose, a description of the goods received in pawn, pledge or exchange, and the sum lent thereon, with the day and year and name of the person by whom pawned, and the name of the street and number of the house, if numbered, where such person abides, and whether he is a lodger in or the keeper of such house, by using the letter L if a lodger, and the letter H if a housekeeper, and al.so the name and place of abode of the owner, according to the infor- ■Ah ^^^^w^ ^MPPiiMir ""TfPPIPf^ 86 LABOUR LAWS OV ONTAIWO. mation of tlie person pawning the gooda, into all which circujnstances the pawnbroker shall inquire of the party before any money is advanced; and if the sum lent does not exceed 61, a similar entry shall be made within four hours after the goods have been pawned. U. S. O. 1887, c. 1G5, a. 11. If above |2 lent. II, Every pledge upon which there is lent above i:}'2 shall be entered in a book to be kept for that purpose, and to bo kept sepaiate from all other pledges, and every such entry .shall be numbered in the book progressively as such goods are pawned in the following manner, viz. : the (irst pledge that is received in pawn as No. 1, the second as No. '2, and so on until the end of the month, and so on in evei-y succeeding month throughout the year, and upon every note respecting such pledge shal! be written the number of entry of the pledge so entered in the book aforesaid. R. S. O. 1887, c. ir)5, s. \2. Note giviDg t*i- At the time of taking any pawn, a note or memorandum, description of written or printed, shall be given to the person pawning, pledging or K?ven to the exchanging the same, containing a description of the goods pawned, pj^wuor. pledged or exchanged, and also of the money advanced thereon, with the day of the month and year, and the names and places of abode, and numbers of the houses of the parties, and whether lodgers or housekeeper."?, by using the letters aforesaid, and upon such note or memorandum, or on the back thereof, shall be written or printed the name and place of abode of the pawnbroker, which note or memor- andum the party pawning the goods is required to take, and unless he takes the same, the pawnbroker shall not receive and retain the pledge. R. S. O. 1887, c. 155, s. 13. Fees therefor |3. — (1) When the sum lent is under 81, the note aforesaid shall be given t/ratis. (2) If the sum lent is .$1 and under $2, the pawnbroker may take one cent. (3) If S2 and under $5, he may take two cents. (4) If $i and under .?20, he may take three cents. (5) If $20 and upwards, he may take .seven cents. II. S. O. 1887, o. 155, .s. 14. 60 V. c. 15, Sched. A. (35 part). The note to be 14- The note shall be produced to the pawnbroker before he is Rfterwards obliged to re-deliver the goods, except as hereinafter provided. ll>S.O. 1887, c. 15.-), s. 15. produ' 3d. A duplicate to be affixed to the goods. tii- A duplicate of the note or memorandum shall be affixed to the goods pledged, and in iill cases where goods pawned are redeemed, the pawnbroker shall write or endorse, or cause to be written or endorsed on every duplicate, the profit taken by hi.n for the pledge, and shall keep the duplicate in his custody for one year next following. R.S.O. 1887, c. 155, 8. 16. i'enaltyfor ||). If any person knowingly and designedly pawns, pledges or ex- of ^rhere.**''° ' '""'"^"8^®' °'' uiihiwfully disposes of the goods of any other person, not being employed or authorized by the owner so to do, any Justice of PAWNUROKERS. S7 the Peace resident nearest to tlie place where tlie offence has l)een comniitted may jfrant his warrant to apprehend tlie offender ; and if he is thereof convicted by the oath of one witness, or by confession, before a Justice of the Peace, he shall forfeit not more than !?20 nor less than 84, and also the value of the goods pawned, and if not forthwith paid, tlus convicting Justice shall commit him to the common gaol of the district or county where the offence was com- mitted, there to remain and bo kept at hard labour for not more than three months, unless the forfeiture is sooiu'r paid. R. H. 0. 1887, c. 155, s. 17. I'J. The said forfeitures when recovered shall be applied towards Furfeitures, making satisfaction thereout to the party injured, and defraying the ^"^ appHed- costs of the prosecution, as nia}' be adjudged reasonable by the con- victing justice. H. S. O. 18S7, c. l.")5, s. 18. 18. If any person bnys or takes in pawn or exchange for any ConaequeuceH journeyman mechanic, any goods of any manufacture or of any part ?^ '"'*"'*''?""'''' u I e e i. •.! • J ^ in pawn from or brancli or any manufacture, eitlier mixed or .separate, or any ma- jouj„gyn,gn_ terials plainly intended for manufacturing any goods after such goods or materials have been put into a state for any process or operation to be thereupon or therewith performed, ami before such goods or materials have been Hnislied for the purpo.se of wear or consumption, or any goods, materials, linen or apparel which have been entrusted to any person to wash, scour, iron, mend, mannfac- ture. work up, finish or make up, and is convicted thereof upon confession, or on the i)atli of one witness, before a Justice of the dis- trict or county where the offence was committed, he shall forfeit the sum lent thereon, and forthwith restore the said goods or ma- terials to the lawful owner. R. .S. O. 1887, c. 155, s. 19. iU- If the owner of goods of any manufacture, or part or branch Proceedings of any manufacture, either mixed or separate, or of any materials I'J' ow°ew of plainly inten(i(!(l for manufacturing any goods after such goods o"" exchanBe^.* ^ materials have been put into a state for any process or operation to be thereupon or therewith perforuieil, and before such goods or materials have been tlnished for the purpo.se of wear or consump- tion, or of any linen or apparel which has been entrusted to any person to wash, scour, iron, mend, manufacture, work up, finish or make up as aforesaid, or of any othei' goods whatsoever, which have been unlawfully pawned or exchanged, makes out either on his oath or by the oath or solemn atlirmation of one witness, before a Jus- tice of the district or county where such offence has been committed, that there is just cause to believe or to suspect that any person has taken to pawn or exchange any such goods without the owners know- ledge, and makes appear probable grounds for such suspicion, the Justice may issue liis warrant, for searching within the hours of g , business, the books, house, warehouse or any other place of the per- warrant, son so charged as suspected of having received the same without the privity of the owner ; and if the occupant of such place, upon request made to him by any peace officer authorized to search, refuses to ex- hibit his pledge books, or to open such place as required to permit search to be made, the peace officer may break open the house, ware- house or otiier place on the said premises within the hours of business, and seai'ch as he may think fit for the goods suspected to be there, M Tfi ■,1':' r..:. •('■■' ■ i, ;.'i ■ . .si IMAGE EVALUATION TEST TARiiET (MT-3) // i6 1.0 I.I !!: l& mil 2.0 1.8 1.25 |U 1.6 ^ 6" ► V] <^ / Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 m i\ o [V ». ^ '^.1«^ 6"^ % isn l/u \\ 6"^ 88 LABOUR LAWS OF ONTARIO. taking care to do no wilful damage, and no person shall oppose the same. R. S. O. 1887, c, 155, s. 20. WLere goods fonnd con- cealed. 30. If after such refusal and upon forced search, any goods so pawned or exchanged as aforesaid are found, and the property of the owner is made out to the satisfaction of the Justice, by the oath or solemn affirmation of one witness, or by the confession of the person charged, the Justice shall cavr- ^no goods to be forthwith restored to the owner, and the occupier ^ . !he place where such goods are found shall be lined not less thaa $8 nor more than $20 to be recovered as other fines before mentr- ned F. S. >) 1887. c. 155, s. 21. If pawnor offers to redeem within a year, and pawn- broker refuses to restore goods. 31. In case w" ain one y.?; r r -Ay goods have been pawned or pledged for securing uioaey lont, l. ;):i'vnor, or other person on hi» behalf, tenders to the person who len; the money the note or memoran- dum required to be given by this Act, and also the principal money borrowed, and the profit according to the lawful rates, and the person who took the goods in pawn neglects or refuses, without reasonable cause, to deliver back the goods so pawned, the pawnor may make oath thereof before a Justice of the district or county where the offence has been committed, and the J iistice shall cause such person to come before him, and shall examine on oath the parties themselves, and such other credible persons as appear before him touching the premises, and if tender of the note or memorandum, with the principal sum lent, and lawful profit thereon, is proved by oath to have been made within the time aforesaid, then on payment by the borrower of such principal money and the lawful profit due thereon to the lender, and in case the lender refuses to accept thereof on tender before tha Justice, the Jus- tice shall thereupon, by order under his hand, direct the goods so pawned forthwith to be delivered to the pawnor, a'^u if the lender neglects or refuses to deliver up or make satisfaction for the goods as the Justice orders, the Justice shall commit him to the common gaol of the district or county where the offence was 'committed, until he de- livers up the goods according to the order, or makes satisfaction for the value thereof to the party entitled to the same. 155, 8. 22. R. S. O. 1887, c. Holder of note to be consider- ed owner. [As to lawful rates see R. S. C. Cap. liJS, sees. 2, 3.] 32. The person who produces the note or memorandum aforesaid, and requires a delivery of the goods mentioned therein, shall be demned the owner, so far as concerns the person who has the goods in pledge, and the pawnbroker, on receiving the principal and profiit aforesaid, shall deliver the goods to the pen on producing the note or memorandum, and he shall be indemnified, unless he has had notice in writing from the real owner not to deliver the goods to the person producing the note or memerandum. R. S. O. 1887, c. 155, s. 23. Proceedings if 33. In case a pawnbroke: has had such previous notice, or in case notified°not to *^^ ^^^^ o"" memorandum has been lost, mislaid, destroyed, or f raudu- deliver. lently obtained from the owner, and the goods mentioned therein are unredeemed : 1. The pawnbroker with whom the goods have been pledged shall, ac the request of the person who presents himself as the owner there- .„,^.. J,'-;«W-MJIl: ,- .JUIlll, ^mw^^^lfmm PAWNBROKERS. 89 of, deliver to such person a copy of the note or memorandun., with the form of an affidavit of the particular circumstances attending the case written thereon, as the same are stated to him by the party applying for the goods ; , 2. The person receiving the copy and form of affidavit shall there- upon prove his property in or right to the goods to the satisfaction of some Justice of the Peace, and shall also make oath to the affidavit, before such Justice, of the truth of the particular circumstances at- tending the case therein mentioned ; 3. The pawnbroker shall then suffer the person proving such prop" erty to redeem the goods on leaving the copy of the note or memoran- dum, and the affidavit, with him, the pawnbroker ; 4. In case the money lent does not exceed $1 the pawnbroker may receive for the copy and affidavit, two cents ; if above $1, and not ex- ceeding $4, three cents ; and if above %\ five cents. R. S. O. 1887, c. 155, s. 24 ; 60 V. c. 15, Sclied. A, (35, part). /84. All pawned goods shall be deemed forfeited, and may be sold when goods at the expiration of one year from the time of pawning the same, ex- may be sold, elusive of the day on which they were pawned. R. S. U. 1887, c. 155, 8. 25. 25. When the sum lent exceeds $2 the goods shall be sold by the At public pawnbroker at public auction, and not otherwise. R. S. O. 1887, c. auction, 155, 8. 26. 58C Before such public sale, the goods shall be exposed to public Before sale view, and a catalogue thereof published, containing the name and goods to be the place of abode of the pawnbroker, a description of the goods sep- ®?P^'J^j*°j^jg arately, the month the goods were received in pawn, and the number advertised, of the pledge ; and an advertisement giving notice of the intended sale, and containing the name and abode of the pawnbroker, and the month the goods were received in pawn, shall be inserted on two sev- eral days in some public newspaper, two days at least before the day of sale. R S. 0. 1887, c. 155, s. 27. *X\- In case the goods are not described separately in the catalogue, penalty or the pawnbroker shall forfeit to the owner of the pledge not less than not properly $8 nor more than $40, to be recovered in tie same manner as tines "^^^'^^'''''S imposed under section 8 of this Act. R. S. I). 1887, c. 155, s. 28. S8' Every pawnbroker shall enter in a book, to be kept for that Account of purpose, a just account of the sale of the goods by auction, expressing sales to be therein the day of the month the same were pledged, the name of the u'^'uij' person who pledged the same respectively, the day when, and the money for whith each pledge was sold, and the name and abode of the auctioneer. R. S. O. 1887, c. 155, s. 29. |it9. In case the goorls have been sold for more than was due there- Di»poBal of on, and in case of demand within three years after the sale, the over- surplus, plus shall, after deducting the necessary costs and charges of the sale and catalogues, be paid to the person by whom or on whose account , the goods were pawned. R. (S. O. 1887, c. 155, s. 30. '"''W'lWT^'TrP'^^^^'"^^'^'"^^^ 90 LABOUR LAWS OF ONTAHIO. Pawnor may inspect entries. Consequence of refuBtt! to 30. The person who pawned the goods, or the person for whom they were pawned, shall be permitted to inspect the entry made of the sale, on paying five cents for the inspection. R. S. O. 1887, c. 155, s. 31. 31. In case the pawnbroker refuses an inspection of the entry to pemitlnepec- the person who pawned the goods, or to his executor, administrator or tion. assignee, upon the production of the letters testamentary, or letters of administration or the assignment, or in case the goods were sold for riore than the sum entered in such book, or in case the pawnbroker did not make such entry, or did not honn fide sell the goods according to this Act, or refuses to pay the overplus on demand, he shall forfeit $40, and treble the sum the goods were originally pawned for, to the person by whom or on whose account they were pawned, to be recov- ered as other fines under this Act ; and if the forfeiture is not forth- with paid, the sum shall be levied by distress by warrant of the Justice before whom the conviction is had. R. S. 0. 1887, c. 155, s. 32. Pawnbrokers 3«J. No pawnbroker having goods in pledge shall, either by himself cha8e°Boods ex- °'' "'"J' ot'li^'' person for him, except at a public auction, purciiase such ceptatpublio goods during the time they remain in his custody as a pledge, auction. 1887, c. 155, s. 33. R. S. O. Sestrictions upon pawn- brokers. Where goods lost or damaged. Terms of re- demption of such goodx. 33. No pawnbroker shall — 1. Purchase, receive or take any goods in pledge, from any person who appears to be under the age of fifteen years, or to bo intoxicated with liquor ; nor 2. Purchase or take in pawn, pledge or exchange, the note or memorandum aforesaid of any other pawnbroker ; 3. Employ any servant or other person under sixteen years of age to take any pledge ; 4. Receive any goods by way of pawn, pledge or exchange, on any Fast or Thanksgiving Day appointed by authority, or on Sunday, nor on any other day, before eight o'clock in the morning, nor after eight o'clock in the evening, except on Saturday evenings, and the evenings preceding Good Friday and Christmas Day, at which last times the pawnbroker may keep his place of business open until ten o'clock in the evening. R. S. O. 1887, c. 155, s. 34. - ♦ 34. In case it appears or is proved on oath before a Justice of the Peace, that the goods pawned were sold before the time limited, or have been embezzled or lost, or have become of less value than when pawned, through the negleci, or wilful misbehaviour of the pawn- broker or his servants, the Justice shall award a reasonable satisfaction to the owner in resject of the damages suffered by him thereby. R.S 0.1887, c. 155,8.35. 35. In case the sum so awarded does not amount to the principal ani profit due to the pawnbroker, the pawnor may pay or tender the balance ; and on so doing, the Justice shall proceed as if the pawnor had paid or tendered the whole money due for principal and profit as aforesaid. R. S. O. 1887, c. 155, s. 36. When dam- 34». In case the satisfaction allowed is equal to or exceeds the Moeedpawn- Principal and profit as aforesaid, the pawnbroker shall deliver the broker's claim. f»PP"^^^^l^^"Pi»"fP^^WF^jppilH5Pi^ mrm mmm WW i»^-~«i™i™ PAWNBROKERS. 91 goods so pledged to the owner without being paid anything for the principal or profit, and also the excess, if any, under a penalty of $40, to be recovered as the penalties hereinbefore mentioned. R. S. O. 1887, c. 155, s. 37. < 5tT. When the Justice thinks the production of any pawn-book. Pawnbroker note, voucher, memorandum, duplicate or other paper necessary, j^"gp*°Pf°' which is or ought to be in the hands, cuntody or power of any pawn- books, etc. broker, he shall summon him to attand with the same, and the pawn- broker shall be bound to produce the same in the state in which it was when the pawn was received ; and in case the pawnbroker neglects or refuses to attend or to produce the same in its true and perfect state, he shall, unless he shows good cause to the satisfaction of the justice, forfeit not less than 820 nor more than $40, to be levied and recovered as fines hereinbefoie mentioned. R, S, 0. 1887, c. 155, s. 38. 38- No fee shall be taken for any summons or warrant granted by No fee on any Justice under this Act, so far as the same relates to goods J"**'*'^'* •""'■ pawned, pledged or taken in exchange. R. S. O. 1887, c. 155, s. 42. J^nt.*°' ^^"^ H9. All penalties recovered under tliis Act shall belong and be Penalties to paid to the municipality in which the oflFence was committed. R. S. O. ,^un^cipaHty 1887, c. 155, s. 8, part. 40. No pawnbroker shall be liable to any prosecution before a Limitation of Justice under this Act, unless information is given within twelve P'°^*""**"""' months next after the oF'nce committed. R. S. O. 1887, c. 155, s. 39. 41. Unless where in this Act it is provided that the penalty for the What Justice offence may be recovered before two Justices of the Peace, any prosecu- ™*y *"'• tioii for an offence under this Act m.ay be had before any one Justice of the Peace having jurisdiction in the place where the offence was committed, but no person who has been convicted of fraud or of felony shall prosecute or inform against any person for an offence against thisjjg informers. Act. R. S. O. 1887, c. 155, s. 40. 4/5. The provisions of this Act shall extend to the executors. Act to extend administrators and assigns of every deceased pawnbroker, and also to to executors, ^, , !••?... : • £ ..\ 1 4. 1 admuustra- the executors, administrators and assigns et the pawnor, but suchj-Q,, ^^Q^ executor, administrator or assign, slmll not be answerable for any penalty, personally or out of his own estate, unless forfeited by his own act. R. S. O. 1887, c. 15.5, s. 41. 4tt. In case of an appeal from the judgment of a Justice or stay of execu- ■ Justices under this Act, the <-xecution of the judgment shall be sus- *><>" PJ^ding pended, upon the person convicted entering into a recognizance, at the *^ time of the conviction, with two sureties, in double the sum he has been adjudged to pay, to prosecuf.e the appeal with effect, and to be forthcoming to abide the judgment and determination of the Court of General Sessions, and to pay such costs as may be awarded at the Sessions. R. S. O. 1887, c. 155, s. 43. i 92 If judgment afflrmed. Short title. Liability of directors for wages. LABOUR LAWS OF ONTARIO. 44. In case the judgment is affirmed, the appellant shall immediately pay the sum adjudged to be forfeited, together with such costs as the Court awards, or in default thereof, he shall suffer the penalties inflicted by this Act upon persons who do not upon conviction pay the forfeitures thereby imposed. R. S. 0, 1887, c. 155, s 44. [For procedure /or recovery of penalties, etc., see Cap. 90.] LIABILITY OF DIRECTORS OF COM- PANIES FOR WAGES. R. S. O., 1897, Cap. 191. An Act respecting the Incorporation and Regulation of Joint Stock Companies. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : — 1. This Act may be cited as " The Ontario Companies Act." 85- The directors of the company shall be jointly and severally liable to the labourers, servants and apprentices tiiereof for all debts not exceeding one year's wages due for services performed for the company while they are such directors respectively ; but no director shall be liable to an action therefor, unless the company has been sued therefor within one year after the debt became due, nor yet unless such director is sued therefor within, one year from the time when he ceased to be such director, nor yet before an exacution against the company has been returned unsatisfied in whole or in part ; and the amount due on such execution shall be the amount recoverable with costs against the directors. 60 V. c. 28, s. 82. w ■'Wippww LIABILITY OF DIRECTORS OF MINING COMPANIES FOR WAGES. 9S he ies he LIABILITY OF DIRECTORS OF MINING COMPANIES FOR WAGES. ^- bhe as R. S. O. 1897, Cap. 197. An Act respecting the Incorporation and Regulation of Mining Companies. H ER MAJESTY, by and with the advice and consent of the Legis- lative Assembly of the Province of Ontailj, enacts as follows : — |. This Act may be cited as " y/te Ontario }fining Com2mniea '«- short title. corporation Act." 60 V. 29, s. 1. *i. All mining companies svhether heretofore or hereafter incorpor- Applic ated under any general Act in force in Ontario shall be subject to the of Act, provisions of this Act. 60 V. c. 29, s. 13. lication iiy bts :.he tor led ess he ;he ;he ith 8. Notwithstanding anything contained in this Act, the directors Liability of of the company shall be jointly and severally liable to the labourers, directors for servants and apprentices thereof, for all debts not exceeding one^*''^®*" year's wages due for services performed for the company while they are such directors respectively ; but no director shall be liable to an action therefor, unless the company has been sued therefor within one year after the debt became due, nor yet unless such director is sued therefor within one year from the time when he ceased to be such director, nor yet before an execution against the company has been returned unsatisfied in whole or in part ; and the amount due on such execution shall be the amount recoverable with costs against the direc- tors. 60 V. c. 29, s. 6. \;mwmmm J"'"* 4.!)ffKfifll{m'f^'-f^W'^V'm»9X\^t'*i^^^ WW" "j^m 94 LABOUR LAWS OF ONTARIO. CO-OPERATIVE ASSOCIATIONS. R. S. 0., 1897, Cap. 202. An Act Respecting Co-operative Associatiovis. : <(f Incorporation, u. 1-4. plaoes where business may be carried on, 8. 3. Limit of shares, s. 4. Rules, bb. 6-7. , Capital, b. 8. Shares, bb. 9, 19. llabiuty of shareholders, b. 11. Elections of Trustees, bb. 12, 13. Officers to give securitit, b. 14. Association to give publicity to its naub, b. 15. Business to be a oiSH business, 8. 16. Land may be bought on credit, s. 17. Penalty for hisapfligation or FUNDS, 8. 18. Disputes between members to bb settled by arbitration, 8. 19. Annual return, b. 20. Winding up of association, b. 21. fl ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : ■ « or Rev. Stat, c. 205. Seven or more 1. — (1) Any seven or more persons who desire to associate them perBonsniay selves together for the purpose of carrying on any labour, trade gether for co- business, or several labours, trades or businesses, whether wholesale or opwative retail, except the working of mines, minerals or quarries, and except etc '' ^ ^' also the business of banking and insurance, and the business of a loan corporation within the meaning of 17ie Loan Corporations Act, may make, sign and acknowledge before a Notary Public or Justice of the Peace, in duplicate, and file in the office of the Registrar of the registry division in which the business of the association is intended to be carried on, a certificate in writing in the form set forth in the Schedule to this Act, or to the same eflFect, together with a copy of the rules agreed upon for the regulation, government and ment of the association, signed by such persons lespectively. (2) The signatures to the rules shall be verified by the affidavit of a subscribing witness thereto, made before any Notary Public, Justice of the Peace, or Commissioner authorized to take affidavits in the High Court, or before the Registrar or Deputy Registrar. Incorporation. (3) Upon the filing of the certificate and rules as aforesaid, the members of the association shall become a body corporate by the name therein described, with power to hold such lands as are required for the convenient management of their business. R. S. O. 1887, c. 166, s. 1 (1-3); 60 V. c. 38, s. 121, part. manage- lignat ulea t( rulea to be verified. Beditrar to % The Registrar or Deputy Registrar shall, if desired by the fioatTof'filhiir Person filing the certificate, indorse upon the other duplicate certi- if required. ficate, and upon a duplicate of the rules, certificates of the other w^mm^ mumnmimffW wv^'^^^^i^^m^ "w rP"^"^ I M,.JI| CO-OPERATIVE ASSOCIATIONS. 9§ duplicates having been tiled in his office, with the date of filing, and every such certificate shall be prima facie, evidence of the facts stated therein and of the incorporation of the association, B. S. 0. 1887, c. 166, s. 1 (4). 3' Any certificate so to be filed may designate any one or more PlacM when places where the business is to be carried on, but if in different ^"■•''••'''"•y registry divisions, a duplicate must be filed in the Registrar's ofLce of * **"**» *""• each division. R. S. O. 1887, c. 166, s. 3. 4. No association shall be registered under a name identical with identiokl that by which any other existing association has been registered, or names not so nearly resembling such name as to be likely to deceive the members diflJrent m- or the public, and the word " Limited " shall be the last word in the sociatlona. name of any association registered under this Act. R. S. O. 1887, c. 166, s. 2. 5. Before an association commences operations under this Act, Rulee to be they shall agree upon and frame a set of rules for the regulation, framed, government and management of the association ; and the rules of every association to be formed under this Act shall contain provisions in respect of the several matters following : (a) Mode of convening general and special meetings, and of altering rules ; (6) Provisions for the audit of accounts ; (c) Power and mode of withdrawal of members, and provisions for the claims of executors or administrators of members ; (d) Mode of application of profits ; (e) Appointment of managers and other officers, and their respec- tive powers and remuneration, and provisions for filling vacancies occasioned by death, resignation, and other causes. R. S. O. 1887, c. 166, s. 5. 0. The rules of every association registered under this Act shall Rules to be bind the association and the members thereof to the same extent as if binding on eiich member had subscribed his name and affixed his seal thereto, ^^d*the mem and there were in such rules contained a covenant, on the part of bera thereof. himself, his heirs, executors and administrators, with the association to conform to such rules, subject to the provisions of this Act ; and all moneys payable by any member to the association in pursuance of such rules, shall be deemed to be a debt due from such member to the association. R. S. O. 1887 c. 16G, s. 6. T. Subject to the requirements of section 5 and the provisions of Alteration of this Act, all rules made by the association may be repealed, altered or rules, amended by other rales passed at any meeting of the association specially called for that purpose ; but no new rule shall have any force or effect until a copy thereof, proved by the affidavit of the president or other head officer of the association to be a true copy of the rule passed by the association at a meeting specially called for the purpose of considering the same, has been filed in the registry office in which the certificate of incorporation was filed. R.S O. 1887, c. 166, s. 1 (5). ; 96 LABOUR LAWS OF ONTARIO. Capital. 8. The capital of the association shall be in shares of such denomin- ation as may be mentioned in the rules. R.S.O. 1887, c. 166, s. 7. Limit of ekch 9, A member of an association incorporated under this Act may Shwes ' have shares therein to an amount mentioned in any by-law of the association, provided the same does not exceed $1,000. ll.S.O. 1887, c. 166, s. 4. Payment and transfer of ■hares. Liabilitv of shareholders limited. EleotioDfi. 10. The shares may be payable by instalments not exceeding twenty per cent, at such times and in such manner as may be men- tioned in the rules ; but no member shall be entitled to draw more than his proportion of interest on the paid up portion of his shares ; and shares shall not be transferable, unless the rules provide for their transfer. Members may from time to time, withdraw upon such terms as may be specified in the rules. R. S. O. 1887, c. 166, s. 8. 11. The liability of the shareholders shall be limited, that is to say : no shareholder in such association shall be in any manner liable for or charged with the payment of any debt or demand due by the asso- ciation, beyond the amount of his share or shares subscribed for ; and any shareholder having fully paid up the amount of his said share or shares shall not be subject to any further liability. R. S. O. 1887, c. 166, 8. 19. Vi- AH elections shall be by ballot, and each member shall be entitled to one vote only. R. S. O. 1887, c. 166, s. 9. Provision in 13. In case it happens at any time that an election of trustees is case of *»>lv« not made on the day designated in the rules of the association, when ^^ ° " it ought to have been made, the association shall not for that reason be dissolved, but an election may be held on any other day in such manner as may be provided for in the rules, or at a general meeting of the members, to be specially called for that purpose, due notice being given of such election as in the rules provided, and all acts of trustees, until their successors are appointed, shall be valid and binding. R. S. O. 1887, c. 166, s. 10. Officerstugive 14. Every person appointed to an office touching the receipt, man- security, agement or expenditure of money, or with the receipt of goods, wares or merchandise for the purposes of the association, shall before entering upon the duties of his office, give such security as is deemed sufficient by the trustees, which security shall be varied in amount or renewed from time to time, as by the amount of business done, or by other circumstances may, from time to time, in the discretion of the trustees be rendered necessary. R. S. 0. 1887, c. 166, s. 11. Every aasooi- 15- Every association registered under this Act shall have painted '*'hr V ^*^* °^ affixed, and shall keep painted or affixed, its name on the outside of name? ^ ' ' every office or place in which the business of the association is carried on, in a conspicuous position, in letters easily legible, and shall have its name engraved in legible characters on its seal, and shall have its name mention«d in legible characters in all notices, advertisements and other official publications of the association, and in all cheques and orders for money or goods, purporting to be signed by or on behalf of the association, and in all bills of parcels, invoices, receipts and letters of credit of the association. R. S. O. 1887, c. 166, s. 12. "^^^ 'W*mviiwi"tJf^ltSi T^w^' \ CO-OPERATIVE ASSOCIATION. 97 16. The busineHs of the association shall be a cash business exclu-KuMn«Mto be sively ; no credit sliall be eitlier given or taken, and no officer, mem- '"'' "**'' ""^y- l)er or servant of tlie association, or any number of them togetiier, shall have power to contract any (lebt whatever in its name, except in respect of rent of the premises required for the business, the salary of clerks and servants, and such like contracts, necessary in the manage- ment of the aifairs of the association ; everything shall be liought and sold for cash only. R. S. O. 1H87, c. 16G, a. 1,1 H. Notwithstanding the provisions of the preceding section, the Power tu par- aHsociiition may purchase on credit real estate for the purpose of cccu- 'l"*"^ **•"> •"' patioM by the association in carrying on the business thereof, and may"* give u valid mortgage on any estate so purchased for an unpaid balance of the purchase money, subject to a.iy by-law in that behalf. 11. S. O. 1887. c. Ifili, s. 14. IH- If an officer, member or other person, being or representing Officers or himself to be u member of the association, or the heirs, executors or '"'."!'"'' .°**" administrators of a member tiiereof, or any person whomsoever, by pf'^pg^poH. false representation or impo.-.it ion, obtains possession of any moneys, i-e-Mon of securities, bocks, papers or other effects of the association, or having "".'""y',''*''*''"' the same in his possession, withhoids or misapplies t'le same, or wil- the same, fully applies any part of the same to purposes other than those expressed or directed in the rules of the association, or any part thereof, any Justice of the Peace, acting in the eounty or city in wliich the place of business of the association is situated, up n complaint made by any person on behalf of the association, may summon the person against wh im such complaint is made to appear at a time and place to be named in the summons, and any two Justices present at the time and place mentioned in the summons shall proceed to hear and determine the said complaint, and if the Justices determine the com- plaint to bo proved against such person, they shall adjudge and order Penalty, him to deliver up all such money, securities, books, papers, or other effects to the association, or to repay the amount of money applied improperly, and to pay, if they think fit, a further sum of money not exceeding $80, together with costs not exceeding $\- ; and in default of such de ivery of eflFects, or payment of such amount of money, or payment of such penalty and costs aforesai I, the Justices may order the person so convicted to be imprisoned in the common gnol with or without hard labour for any term not exceeding three months. H. S. O. 1887, c. 166, s. 15. 1J>. Every dispute between any member or members of aa. associ- Disputes to be ation establislied under this Act, or any person claiming through or**'''**' I'y under a member, or under the ruUs of the association, and the trus-** ' " '""■ tees, treasurer or other officer thereof, shall be decided by arbi .ration in manner directed by the rules of the association, and tbe decision so made shall be binding and conclusive on all parties without appeal. R. S. O. 1887, c. 166, a. 16. 550. The trustees shall, once in every year, transmit to the Pro- Annual return vincial Secretary a general statement of the funds and effects of the *" Pf«>»»nolal association, the number of shareholders therein, and such other infor- " mation as may be requisite to shew clearly the position of the associ- ation, and the business done during the year, which return shall be / 98 Winding up of •flaim in CMC of dingo- lution. LABOUR LAWS OF ONTARIO. verified by the affidavit or declaration of the president and manager. U. S. O. 18S7, c. 166, s. 17. *il. Ill case of the dissolution of such association, the association shall nevertheless be considered as subsisting, and be in all respects subject to the provisions of this Act, so long and so far as any matters relating to the same remain unsettled, to the intent tiiat the association may do all things necessary to the winding up of the concerns thereof ; and may sue and be sued under the provisions of this Act, in respect of all such unsettled matters. 11. S. O. 1887, c. 166, s. 18. SCHEDULE. (Sectwnl.) FORM OF OKRTIFIC'ATE. Provinpi* ok Ontario 1 ^® ^•"**'"* '"'""" "-^ »nhiicribers not Us» than rROviNCB 0^ UNTARio, \,g^,.,^^ j^ jjg.gby certify that wo desire to form an " * ' J Association pun uant to the provisions of Chap- ter 202 of The Revised Statutes of Ontario, entitled An Act Hespectinij do- operative Aasijciatiohs. The corporate name of the Association is to be (innert name of the An- Kuciatiim), Limited ; and t)ie objects for which the Association is to be formed are (ijiserf o''jVc»■ Every mechanic, labourer or other person who performs labour for wages upon the construction or maintenance of the railway or the works connected therewith, shall have upon the .said railway and other property of the company a lien for such wages not exceeding the wages of thirty days, or a balance equal to his wages for thirty days, and the said lien may be enforced in the mamner provided for enforcing liens for wages by The Mechanics' and Wage Earners' Lien Act. 59 V. c. 50, s. 19. ■A Rev. Stat. c. 153. Short titto.1 IMMIGRATION AID SOCIETIES. R. S. O. 1897, Cap. 212. An Act respecting Immigration Aid Societies. Short title, s. 1. Interfkjstation, s. 2. TmMIOKATION districts and tOENTS, 8.3. Formation of societies, ss. 4-8 Powers as to lending and bor rowing money, s. 9. Mode in which s pciety may pro- cure employment for immi- grants, H8. 10-12. Advances to immigrants, h. 13. Recovery of advances, ss. 14-15. Inspector of .societies, b. 16. Examination of immigrants and WITNESSfeS, 8 ^17. InSTRI'MENTS authorized by THIS Act may be drawn in any lanouagb, 8. 18. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : preliminary. I. This Act may be cited as " Tlie Ontario Immigration Aid Societies Act." R. S. 0. 1887, c. 174. 1. rmw^f^^ wmmmii* IMMIGRATION AID SOCIETIES. 103 8. Where the words following occur in this Act, they shall be con- strued in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Minister of Agriculture" and "Minister" shall include any Interpretatio* deputy or officer authorized to perform the duty, or exercise the power Minister of in question ; Agriculture. 2. "Immigration" or "Immigrant" shall include "Emigration" or"Iimnigra- " Emigrant," when it refers to the act of leaving or to a person about '><">." to leave Europe or elsewhere for Ontario ; •' Immigrant. 3. "Society" shall mean the Ontario Immigration Aid Society "Society." whicli the context indicates or lefers to. R. S. O. 1887, c. 174, ',. 2. 3. The Minister of Agriculture shall from time to time divide the Immigration Province of Ontario into immigration districts eitheir by counties, l*J«triotg, ridings or municipalities, as seemti to him most expedient ; and in each officer of such districts there shall be an immigration office and an immi- gration agent ; and such division, and any future alteration thereof, siiall be notified in the Ontario Gazette as the immigration district of the place where the immigration office is kept. R.S.O, 1887, c. 174, s. 3. 4. In each of such districts an Immigration Aid Society or Societies Formation of may be formed and constituted under this Act, for the purpose of jis- •"'«J>^°?'etw» sisting emigrants to reach Ontario from Europe and elsewhere ; and of pose. 'P"""" obtaining employment for them on their arrival in the Province ; and of enabling persons in Ontario in want of labourers, artizans or servants to obtain them by such immigration ; every such society shall consist of not less than twenty-five persons whether resident or not in the immigration district, agreeing to form such society and to subscribe among them, as the capital of the society, not less than $.500, in fifty shares of $10 each, one-fourth of which, at least, shall be paid on sub- scribing the declaration of membership hereinafter mentioned, into the hands of a person agreed upon as their secretary-treasurer, by the per- sons (not being less than twenty-five) present at the meeting at which it is agreed to form sucli society. R. S. O. 1887, c. 174, s. 4. 5 The persons agreeing to form such society shall elect or agree upon Sabacriptinn a president, secretary treasurer and board of management, composed of *"** •*?'**•• not less than five members, including the officers above mentioned ; and shall adopt a constitution and by-laws ; and shall respectively sign a declaration to the effect following : "We, the undersigned, hereby associate ourselves together as 'The 1 mmi- Declaration. gration Aid Society, No. — , of the Ontario Immigration Distrist of ,' and we hereby bind ourselves to observe imd obey all the requirements nf The Oiitaiii) Iinmigralion Aid Societies Act, and to piiy respectively into the hands of the secretary-treasurer the amount of stock set opposite our respec- iive names, one-fourth on subscribing this declaration and the remaining three fourths by the instalments and in the manner hereinafter provided ; and we further bind ourselves to observe and obey tl e constitution and by- laws of the Society, which are as follows: Then shall follow tbe constitution and by-laws, which shall declare Constitution the objects of the society to be those mentioned in section 4, and such g"g'igt!J,'"'' *** other special objects (if any) as it may be thought necessary to enumer- ate, and shall contain the names of the first president, secretary- I h ■^^ippli MPVWPP '"^mf "■'■"P'^iiipp •^ 104 LABOUR LAWS OF ONTARIO. Signatures of members. Attestation. Duplicates of declaration to be pent to the Minister for approval and certificate Minister to number societies in order. On approral. Society to be- come a cor- poration. Rev. Stat. c. 191. Seal. Execution of documents. Evidence of duplicate. treasurer and members of the board of management ; the place where the society shall have its oflice and hold its meetings; the manner in which the remainder of the stock of the society shall be paid up ; the an- nual subscription to be paid by members, if such subscription is deemed advisable ; the admission of new members ; the duties and powers of the board of management and officers ; the periods for which they shall retain office ; the regular meetings of the society ; the mode of calling and holding special meetings; the number required for a quorum, and mode of voting thereat ; the manner of filling vacancies in the board of management, or of the performance of their duties, in their absence, by others ; the period for which the society shall continue ; the mode of dividing its assets or profits from time to time during such period ; and generally such provisions as may be advisable or expedient for the well working of the society, and the attainment of the objects for which it is formed ; then shall follow the signatures of members, and in col- umns opposite thereto the amount of stock for which they respectively subscribe, and the amounts paid up ; the declaration shall then be dated and attested by the signatures of the president and secretary- treasurer. R. S. O. 1887, c. 174, s. 5. O. The declaration shall be made in duplicate, and the duplicates shall be delivered or sent by the secretary-treasurer, through the agent for the district, to the Minister of Agriculture, who shall cause them to be compared with this Act, and if the declaration is not found con- formable thereto, the Minister shall return the duplicates to the secre- tary-treasurer, informing him of the fact, and of the objection to which the declaration is liable ; but if it is found to be so conformable, he shall certify the fact under his hand and seal on both duplicates, and shall retain and keep one of them in his office, and shall return the other to the secretary. treasurer. 11. S. 0. 1887, c. 174, s. 6. T If there is no other Immigration Aid Society in the district, the Minister shall treat the society as Number One, and shall fill the blank left in the declaration for that purpose with that number ; but if there be another or others, he shall give each a number in the order in which he certifies the declarations, and shall fill the blank in each with its proper number, according to sueh order. R S. 0. 1887, c. 174,8. 7. 8 As soon as the declaration is approved and certified as aforesaid, the society shall bo a body politic and corporate, by the name taken in the declaration, including the number given by the Minister, and shall have all the powers, rights and immunities assigned to corporations by T/ie Ontario Companies Act, including the right to have a corporate seal if the society thinks fit ; but it shall not be necessary that the corporate seal (if the society has one) be affixed to any document in order to make it the act or the deed of the corporation, but it shall be sufficient for that purpose that the document be signed by the secretary- treasurer and countersigned by the president of the society as such, or by the person or persons acting pro tempore in their stead, nor shall the authority or capacity of any person signing the same or his signature be called in question by any but the corporation, and if not so questioned it shall be admitted in evidence without proof ; and any document pur- porting to be the duplicate copy of the declaration signed and sealed by Minister, shall be admitted as evidence of the facts stated therein, the without proof of his signature, unless it is called in question by him- self or by his authority. R. S. O, 1887, c. 174, 8. 8. >f!8vn»» mm IMMIGRATION AID SOCIETIES. 105 9 The society shalll have power to enter into agreements and con- Powers of bo tracts, either with members of their corporation or with others, for "'•'*>' *<> ^*°^ any purpose relating to immigration, and to lend and to borrow money. mo„ev.""^ and to take or give security for the same and to become a party to any promissory note, bill of exchange or other negotiable instrument or . - security, in the manner provided as to other documents by section 8 ; and may receive assistance in money or otherwise from municipal or other corporations, or from any institution, society or person, towards enabling them to attain the objects of this Act, on such terms and PT*/!° ' conditions as may be agreed upon, not inconsistent with this Act or Umi'teif with law ; but the total amount of the liabilities of the society shall never exceed the amount of its capital subscribed, but not paid up. R. S.O. 1887, c. 174. " total s. 9. 10 The society may receive applications from persons desiring to gggiety „,ay obtain artizans, workmen, servants or labourers from the United King- receive uppli- dom, or from any part of Europe or elsewhere, and may enter into any **'''}"* *"'' ^^% lawful contracts with such persons, including tiie obligation on the immigrants, part of such persons to employ the immigrants referred to on their ar-»nd act upon rival in Ontario, in any manner, at any rate of wages, and for any "^^^- period, under such penalties as damages for non-performance as may be stipulated under such contract, and may receive in advance all or any part of the money to be expended by the society, or take security for the repayment of all or any part thereof to the society by in- stalments, or in one sum, as may be agreed upon. R.S.O. 1887, c. 174, s. 10. 1 1 . The secretary-treasurer shall forthwith transmit every such ap- AppIication« plication, with the requisite information, and details, to »he immigra-tobe forward- tion agent of the district, with the amount the society has undertaken '^'J^'"'^'"*!}*^'' to advance towards defraying the expenses to be incurred in com ply- report <-f ing with the application, in paying or partly paying the cost of the »<.":ie'y 'sac- ocean passage and other travelling charges of the immigrants required, '''"" *"*''*''"■ from their home in Europe to the place in Ontario where they are re- quired. RS.O. 1887, c. 174, s. 11. t*i The immigration agent snail forthwith transmit every such ap- Applications plication, and the money received by reason thereof, to the immigra- to be trann- tion agent or commissioner of the Piovince of Ontario in the United ™ g'^g j'^' Kingdom or elsewhere, who shall thereupon take the necessary meas- Europe with ures for procuring and forwarding to the society such immigrant or im- fiindi wlyau- migrants as may be required by the application ; and the immigration jutjjjj agent .shall, from time to time, furnish the Minister of Agriculture with such information and details respecting such application as the said Minister may require. R.S.O. 1887, c. 174, s. 12. 13. If it is the intention of the society or of the applicant that the Agents in whole or part of the money advanced towards defraying the expenses Europe to of emigration shall be repaid by the immigrant, either in one sum or from enii"'* ^ in instalments, it shall be the duty of the emigration agent or commis- grants for re- sioner of the Province, in Europe, making the arrangements for the payment of passage of the intending emigrant to Canada, to take from the emi- grant an undertaking, binding him to repay such money to the society in Ontario in one sum or by instalments, at certain periods, and with or without interest, according to the instructions given by the secre- tary treasurer, and he shall witness the execution of such instrument ; "W^ipiipfii |.Miiii.i|ii.in 106 LABOUR LAWS OF ONTARIO. Sums advan- ced toemi- nantn in United King- dom may be included. Rev. Stat. 0. 167. and if any sum of money has been advanced to the emigrant for like purposes by any society, or institutioR or individual in the United Kingdom, such sum may, with the consent of such society, in- stitution or individual, be included in the amount for which such in- strument is given, and may be recovered by the Ontario society afore- said, and being so recovered shall be paid over, without charge, to the society, institution or individual by whom it was advanced, to whom, as well as to the Ontario society, the agent or commissioner of emigra- tion witnessing the execution of the instrument shall notifv any such amount. R.S.O. 1887, c. 174, s. 13. liecovery of |4. Any sum due as an insUlment upon such instrument shall be amount of ad- recoverable in any way in which a like sum is recoverable in the place where the action is brought, although the instrument includes a further sum not then due. R.S.O. 1887, c. 174, s. 14. Emigrant may tH. Subject to the provisions of section 8 of The Act respecting bind himi-eif faster aad Servant, any emigrant who might make such instrument, to serve nom- „ ., .' ,.,•' ^ ^ • ^ i. -i. j nee of the *s aioresaid, may, in like minner, execute an instrument witnessed as society for the above provided, binding himself or herself, in consideration of the advance '''* ^""^ advanced by the society therein named, to accept employment of the kind to !:« therein stated from any named person in the immigra- tion district in which the society is formed, or with any person in such district whom the society may designate to the immigrant; on his or her arrival in such district, at a rate of wages to be named in the instru- ment, and for a term to be also therein named, not exceeding six months, and to serve such person faithfully in such employment dur- ing such term, and to allow such person to deduct from his or her wages, at a period or periods to be designated in such instrument,such sum or sums as shall also be therein designated, and to pay the same to the society, on account of any money 'iue by the immigrant to it ; and such instrument may be enforced by the society accordingly, by civil action in any Court hiiving jurisdiction to the amount then due against the immigrant ; and any refusal or neglect on the part of the immi- grant to perform any of the other obligations undertaken by him in such instrument shall be an offence cognizable before any one Justice of the Peace, and punishable by a fine not exceeding $20, and costs, and the fine, if paid, shall belong to the society, and be paid over t' 't by the Justice of the Peace ; but the payment of such fine shall not prevent or afTect any civil remedy of the society under such instrument. R.S.O. 1887, c. 174, s. lo. Appointment 16. The Minister of Agriculture shall, \\\ his discretion, appoint, of Inspector of iiigtead of district agents h therto mentioned in the preceding sections Societies. of this Act, an Inspector of Immigration Societie.s, whose duties shall be to generally superintend the working of such societies and to act in the place of the said district agents ; or he may appoint the immi- gration agents of the Dominion Government to act as Provincial district agents for their respective agency districts. R. S, O. 1887, c. 174, s. 16. Minister, etc., IT. The said Minister of Agriculture and fhe inspector, district may examine agents, or other persons who may be appointed by (he Minister, shall immigrants i i. • i xi_ • • i. ^ i_- regarding as- have power to examine under oath any person or immigrant touching sistance ex- any of the provisions relative to assisted emigration contained in this th?8 Act**^ Act ; and shall have the same power to enforce the attendance of such How each ob ligation may be enforced. MUNICIPAL MATTERS. 107 persons or immigrants, and to compel them to give evidence, as is vested in the High Court in civil cases. R. S. O. 1887, o. 174, s. 17. 18. Any negotiable or other instrument authorized by this Act Foreign l»ii- may be drawn in any foreign lajiguage understood by the person fC^^i^ i money executing it ; and sums of money mentioned therein may be expressed in any currency used in the country where it is executed, and shall be held to mean equivalent sums of currency in Canada. R. S. 0. 1887, c. 174, s. 18. MUNICIPAL MATTERS. II R. S. O. 1897, Cap. 22.*^ ; (31 V. c. 23. An Act respecting Municipal Institutions. ER MA.JESTY, by and with the advice and consent of the Legislative Assemby of the Province of Ontario, enacts as follows : PRELIMINARY. I. This Act may be cited as " The Municipal' Act," and shall not affect the provisions of any special Act relating to any particular municipality. .OS V, c. 42, s. 1, s. 67 i part. ********* HOURS FOR NOMINATION AND POLLING. l^'l*. Notwithstanding anything contained in sections 118 and 119 ' ' h':.x for the nomination of candidates for the offices of aldermen ; ' ; r.s, may, in and by the by-law fixing the places for such nomin- .•'. ii, be tixed at half-past seven o'clock in the evening, instead of at n ; and the council of any town or village may by by-law provide t. . t!ie nomination for mayor, reeve, deputy-reeve or deputy-reeves and councillors may be held at half-past seven o'clock in the evening instead of tlie hours in the said sections mentioned. 55 V. c. 42, s. 107,(4), 109, part. ********* l.' m 110 LABOUR LAWS OF ONTARIO. CAB STANDS AND IIOOTIIS. By-lawa for 559. By-laws may be passed by the councils of the municipalities and for the purposes in this section respectively mentioned, that is to say ; ********* By the councils of cities, towns and villages : — Cabatanda. 3. For authorizing, and for assigning stands for vehicles kept for hire on the public streets and places ; and for authorizing the erection and maintenance of covered stands or booths on the stre'ts, highways and public places, for the protection or shelter of the drivers of such vehicles. Proviso. Provided that no such booth or covered stand shall be placed upon, any sidewalk without the previous consent of the owner or lessee of the properly fronting, abutting or adjoining such stand or booth. 5.1 V. c. 42, s. 4»6. (38). By-law* for Street rail- ways. Rev. Stat. C.208. Power to operate extension of street railway in adjoining municipality, Rev. Stet c.208. 5ti9. — (1) By-laws may be pas.sed by the councils of cities and towns : — For building, equipping, and maintaining and operating street rail- ways in, along and over such streets of the city or town and subject to and upon such terms as the Lieutenant Governor in Council may ap- prove ; and for leasing the same from time to time on such terms as may be determined on ; and fur levying an annual special rate to defray the yearly interest on the expenditure therefor, and to form an equal yearly sinking fund for the payment of the principal within a time not exceeding 30 years. Provided that the powers conferred by this sub-section shall not apply to a municipality in which there is an existing street railway constructed or operated under any agreement or contract between the municipality and any street railway company. 55 V. c. 42, s. 504 (14). (2) A municipal corporation which builds, constructs, owns, or manages a street railway shall have and exercise the same rights and powers and be subject to the same liabilities as street railways and companies under U he Street Hallway Act, except where the name conflict or are inconsistent with or are repugnant to the rights, powers, liabili- ties or duty of a municipal corporation as provided by law. Nothing herein contained shall relieve any municipality from its obligations and liabilities in respect of roads, streets, highways or bridges as provided by this Act. 55 V. c. 42, s. 504 (15). (3) In addition to the powers given and contained in sub-section I of this section any city or town operating or proposing or intending to build or operate a street railway within its own limits may also pass by-laws for building, equipping, maintaining and operating any exten- sion of any such street railway in any adjoining municipality (with the consent of such adjoining municipality by by-law, and subject to and upon such terms as the Lieutenant-Governor in Council may approve) upon the same terms and subject to the same conditions and provisions of law as any street railway company may build, maintain or operate any street railway under The Street Ratlwag Act ; and such city or town building, constructing, owning or managing a street railway extending beyond its territorial limits (and authorized as aforesaid and ■■!^jyrxiX:,. SCHOOLS Foil AHTISANS. .m with the consent uforesaid) shall not be held tu be illegally expending money, merely because it is expended upon or in connection with si'oli portion of said street railway as extends beyond its territorial liniits. 65 V. c. 42, 8. 504 (16). Electric Street Railwai/a. (4) By-laws may be passed by the councils of cities : — For compelling every electric railway company, operating its railway Bylawioom within the limits of such city, to provide proper and sutticient enclosed i'elH'>K »trfet vestibules upon its street cars to protect the motornien and persons in [,a„Jig'to pro- charge of such cars, from expo>ure to cold, snow, rain or sleet, during vide BhelUi the months of November, December, January, February and Marcii in ^'"" '""to'"""' every year, while engaged in operating the cars. 57 V. c. 50, s 11. SCHOOLS FOR ARTISANS. S8T' By-laws may be passed by the councils of the municipaUties and for the purposes in this section respectively mentioned, that is to say : Schools for ArtisnriK, Art Schools, By the councils of counties, cities and separated towns : — 10. For establishing schools for the training and education of arti- EstubliKhmvnt sans, mechanics and workmen in such subjects as may promote a "f 'jchooU for knowledge of mechanical and manufacturing arts, and for acquiring such real property as may be requisite for such schools ; and for erect- ing and maintaining suitable buildings thereon ; and for improving and repairing such school buildings, and for disposing of such property when no longer required. (a) The councils of any municipalities establishing such schools may appoint boards of trustees or managers to conduct the schools, giving them such authority or power for the man- agement of the same, as the couucils may deem expedient. 55 V. c. 42, s. 495(13). 11. For making grants in aid of such schools as may be deemed ex- Aid to such pedient. 55 V. c. 42, s. 495 (14). *''^°°^'- 12. For granting such aid to art schools, approved by the Education Department, as they may deem expedient. 58 V c. 42, s. 25. [As to Technical Schoob, See Cap. 301. \ ■»«iPr ■•^iPfpffpi^iwfwww V ip..ll||iHJI|«lliM,I^Wpi.|in 112 LAIiOUil LAWS OF ONTAHIO. PUBLIC MEETINGS. U. S. O, 1897, Cap. -JSO. An Act respecting Public MeetingH. PODLIO MREINOS DEPINKD, HS. 1-3. Notices to cunstitute, hh. 4 8. Shekikp, Mayok ok Maoihtratp.h to attend mbetino called by TUUM, a. 9. Fkoocduhe at MF.KTINO, B. 111. PiiWI-KS (IK nlAIK.MAN, HH 11-12. ^ublic interest, or for making known to their (iracious Soveriijin or Her Representa- tive in this Province, or to bothoreitiier of the Houses of the Imperial or Dominion Parliaments or to the Provincial Legi lature, their views respecting the same, whether such be in approbation or condemnation of tiie conduct of public affairs ; and it being expedient to make legis- lative provision for the calling and orderly holding of such meetings and the better preservation of the public peace at tlie same ; Therefore Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows : I All public meetings of (he inhabitants or of any particular class "Public meet- of the inhabitants of any district, county, riding, city, town, township 'n-in" within or ward in this Province, which are required by law, and summoned of tiug^Aot!"" or called in the manner hereinafte*" by section 4 of this Act prescribed, shall be and be deemei to be public meetings within the meaning of this Act. R.S.O. 1887, c. 187, s.l. '4 All public meetings of the inhabitants or of any particular class ''Publio meet- of inhabitants of any district, county, riding, city, town, township or ''"<'j''«-»!'««i ward in this Province, called by the sheriff of any such district or ^^„' ^^j'^jg"*^ county, or by the mayor or other chief municipal officer of any such trates t» be city or town respectively, in the manner hereinafter by section 5 within protec- of this Act prescribed, upon the requisition of any twelve or moreAct of the freeholders, citizens or burgesses of the district, county, riding, city, town, township or ward, having a right t Publiomcet. of the inhiihitantH of ivny district, county, riding, city, town, town- j"!"" dooUred Hliip or wiird in this Province, decliucd to ho pui)lic nieetinj^H witliin jIj*^,^^^,^^' the nienninh' of tliiw Act l)y any two Justiceo of tlie Peace resident in l>« within the Huch district, county, riding, city, town, township or ward, in ♦■''" ''i7*A*k"Ll'L manner hereinafter hy Hfctiou (1 of this Act prcHcrihed, shall be and „(J/ " be deemed to be pnblic meetings witliin the meaning of this Act. ll.S.O. 1887, c. 187, s. ;t. 4. — (1) Tu every imtice or summons for calling together any such Manner of public meeting as in sectifxi 1 of this Act is mentioned, there shall bo |"^''n'"8 J"*^*" contained a notice that such meeting, and all persons attending the bjfia'w'wi'thin same, will be within the protection of this Act, and requiring all per- prot< ution uf sons to take notice thereof and govern themselves accordingly. this Act. {'-') Such part of the notice or summons may bo in the form or to Notice, the ellect following : And be it known, that tho meeting to bo hold in pursiinncu hereof is ciillod in conformity with tho iirovisions of t'hai)ter 230 of Th". lieoised Stiilxlfs of (hitario, tS'J7, entitled An Ad respect imj Puhlir iVcf'ticular clase persons within of the inhabitants of any district, county, riding, city, town, township „f ^jjjg Act. or ward, not being a public meeting of the description mentioned in section 1 of this Act, or a public meeting called in the manner referred to in section 2 of this Act, is appointed to be held at any place within the jurisdiction of such Justice, and that there is reason to believe that great numbers of persons will be present at such meeting, any two Justices of the Peace having jurisdiction within the district, county, city or town within which such meeting is appointed to be 8 111, i 111 m ml ■.Ml 114 LABOUR LAWS OF ONTARIO, lield, ni»y give notice of sucli meeting, and may declare the same, and declare all persons attending the same, within the protection of this Act, and require all persons to take notice thereof and govern themselves accordingly, and such notice or declaration may he in the form of Schedule B to this Act. R.S.O. 1887, c. 187, s. G. Sheriff or Jvstices, etc, calling meet- ings on requi- sition to give certain notices. 7. Every .Sheriff, Mayor, Justice of the l*eace, or other person who calls any such public meeting as is mentioned in section 2 of this Act, shall give public notice thereof, as extensively as he reasonably can, by causing to be posted and distributed throughout the district, county, riding, city, town, township or ward for which the same is called, a sufficient number of printed or written copies of the notice calling the same. R.S.O. 1887, c. 187, s. 7. m 8. The Justices of the Peace who declare any public meeting about to be held to be a public meeting within the protection of this Act, this Act mentioned, shall give public notice of its tfuatices de- claring meet Thin Srotec as in section 3 of tion of Act to having been so declared, by causing to be posted and distributed give certain throughout the district, county, riding, city, town, township or ward for which the same is so called, as many printed or written copies of the notice or declaration issued by them in that behalf as may be reasonably necessary for that purpose, and as the time appointed for the holding of such meeting reasonably admits. R.S.O. 1887, c 187, s. 8. Sheriffs and .Justices call- ing aod declar- ing meetins under this Act to at- tend the same. Chairman to it. Every Sheriff, jVfayor, Justice of the Peace, or other person who either calls any public meeting under the provisions of section 2 of this Act, or declares any meeting called by others to be a public meet- ing within the protection of this Act, under the provisions of section 3 hereof, shall attend such meeting, and whether such sheriff, mayor. Justice of the Peace, or other person is appointed by such public meeting to take the chair and preside over tiie same, or not, every Sherirt', Mayor, Justice of the Peace, and other pe'sonsiiall continue at or near the place appointed for holding such public meeting, until the same has dispersed, and shall airord all sucli assistance as is in his power in preserving the pi olic peace thereat. R.S.O. 1887, c. 187, 8. 9. 10. ^„_ „.. .„ Every person recjuired by law, or who has, in the usual way, read requiei- been appointed at such pul>lic meeting to preside over tlie same, p°o'claroatioa^ ^''^'' *'*^"'"'^'^'^'^ *''® P™'^^^^ meeting by causing tlie sum- for the preser- nions or notice calling the meeting, or the declaration whereby the vation of or- same is declared to be a public meeting, under the protection f)t' this ^^"^ Act, to be publicly read, R.S.O. 1887, c. 187, s. ^<^ 10. Chairman to ll. Any person required by law, or who has been ajipointed at such remove disor- meeting in the usual way to preside over the same shall cau.se order to and convict on be kept at such meetings, and for that purpose may. by oral dii'ection view of distur- or otiierwise, cause any person who attempts to interrupt or disturb bance. such meeting to be removed to such a distance from the same as may effectually prevent such interruption or disturbance, and by an instru- ment in writing under iiis band, on his own view, may adjudge any person who so attempts to interrupt or disturb such meeting guilty of such attempted interruption or disturbance, upon which conviction any Justice of tiie Peace may, by warrant under his hand, forthwith hm 3ti()n lue fit the liis 1S7, illlU', smii- tlift this sucli r to ctioH turb may stru- any by of ctiou with PUBMC MEETINGS. 115 commit such person to tht; common gaol of tlie county or district, or to any otlier ))lace of temporary confinement that audi justice may ap- point, for any period not exceeding forty-eight hours from tlie time of commitment signed, and until the lawful costs of the constable and gaoler for the arrest, transmission and Detention of such person are paid or satisfied. ll.S.O. 1SS7, c. 1S7, s. 11. l!lj. For the purpose of keeping the peace and preserving good or- To call on der at every such public meeting, the person recjuired or appointed to J"'*'*'*^ of the preside at such meeting as aforesaid may command the assistance of all atables, etc., J usti'^os of the Peace, constables, and other persona to aid and assist for assistance, him in .so doing. R.S.O. 18t'^7, c. \S7, s. 12. |!t. A !iy Justice of the Peace present at any sutli meeting upon Justices to the written application of the person so rc(|uiicd or appointed to pre- ^^ear in spe- side at the same, shall swear in such a nunil)ei of .special oenstalJes as"^ requisition such Justice may deoni necessary for the preservation of the public of Chairman, peace .it such meeting. ]{ S.O. 1887, c. 187, s. 13. 14- Every action to be biought against any person foi- any thing by Action to be him done under authority of this Act, must be biought within twelve !>rought with- months next after the cause of such action accrued. 187, s. U. R.S.O. 1887, c. in 12 months. SCHEDULE A. (Section. 5.) TO THE ISHAIUTANTS OF THE COfXTV OK A. (or CIS fhe oi. . may be), AND ALL OTHEUS HKR MA.IE.STy's sril.TElTS WHOM IT DOTH OB MAY I.N ANYWISE OOX- OEKN ; Whereas, I, .1 />'. , Sheriff of, etc.. or we, C. I)., and E. F., two (or what- ever tlif nitiithjr itKtfi be) of Her Majesty's Justices of the Peace for the County (or District) of A, resident within the siiid County (or District) liavinj; received u rii(uisition, sij^ned l-j I, J, K. L, etc., etc., {inscrtinij fite navivs of at least twelrc of the rv'inisitiunists and as mmmi more as convenientlii maij be, andvientiuninij the iinmher of tin- others; thiis) and fifty-six (or as the rase may be) others, who (or twelve (t whom) are freeholders of the said County (or District) or citizens of the said City) having a right to vote for nienibera to serve in the Legislative Assembly ro(|uosting nie (or us) to call a public meeting (here recite the reijiiisitio)! : And whereas I (or we) have deter- mined to comply with the said requisition : Now. therefore. I (or we) do hereby ai)p(iint the said meeting to he held at (here s'ate the pldro) on , the day of next (or instant), at of the clock in tlie noon, of which all persons are hereby rei|uired to take notice. And whereas the said meeting has been so called hy'ine (or us) in conformity with the provisions or Chap, 230 of The Revised t^tatutes of Ontario l.S!)7. entitled an An Act respecting Public Meetiufis, the said meeting, and .all persons who attend the same, will therefore be within the protection of rhe said Act, of all which j)remiaes all manner of persons are hereby in Her Majesty's name most strictly charged and commanded, at their peril, to take special notice, and to govern them- selves accordingly. Witness iny hand (or our hands^ at , in the of , this day of , A. B., Sherifl'. orC. !>., ,i.r. E. F , j.r. R.S.O. 1887, c. 187, Sched. A. Ml'' *■■ :V-, lii^ m ■': I? fe Wi m ! , -, ') .i ;•. it fi- 1^ : '>''«MI7Rpp|p|| wmit'mmmm 116 LABOUU LAWS OF ONTAIUO. SCHEDULE B. {ISection C. ) TO THE ISUAIIITANTH OF THE COU^TY OF A. (of US tllS Case may be), AND ALL OTHEKS IIEK MAJESTY S SUBJECTS CERN ; WHOM IT DOTH OR MAY IN ANYWISB C0^- Wliereas. by information on oath taken bt jore D.E., Esquire, one of Htr Majesty's Jusiicesof the Ptace for the County of O {or Ciiy or District, or as the case may be), within which the meeting hereinafter mentioned is ap- pointed to be held, it appears that a Public Meeting of the inhabitants {<»■ householders, etc., as the case may be) of the County of G {or as the ease may be) is appointed (o be held at , in the said County (or as the case may be), on , the day of next (or instant), at of the clock in the noon (or at eome other hour on the came day), and that there is reuEon to believe that great numbers of penona will be present at such meeting ; and whereas it appears expedient tons G, D. and E. F., two {or whatever the number maybe^ of Her Majesty's Justices of the Peace having jurisdiction within the said County {or as the case may be), that, with a view to the more orderly holding of the said meeting, and the better preservation of the public peace at the same, the eaid meeting, and all persons who may attend the same, should bo declared within the protection of chapter 230 of The Revised Stalutes of On- tario, 1897, entitled An Act respecting i'ublic Meetings. Now, therefore, in pursuance of the provisions of the said Act, and the authority in us vested by virtue of the same, we, the said Justices, do hereby give notice of the holding of the said meeting, and do hereby declare the said public meeting, and all persons who attend the same, to be within the protection of the said Act. Of all which premises all manner of persons are hereby in Her Majesty's name most strictly charged and comniaiided, at their peril, to take especial notice, and to govern themselves accordingly. Witness our hands at , in the this day of of 18 C. E. R. S, O. 1887, c. D.y J. r. F., J. V. 187, Sched. B. LORD^S DAY OBSERVANCE. R. S. 0. 1897, Cap. 246. An Act to prevent the Profanation of the Lord'.s Day. Acts rROHiBiTEo, ss. 1-7. Sunday excursions, s. 7. Street Railways, s. 8. Sales and purchasks to me void,8. 9. Penalties, ss, 7 (2), 10, 11, Sum.mary Convktions : Procedure, .ss, 12, 13. Defects of form, s. 14. Imprisonment, s. 15. Limitation of prosecutions, s. IG. Actions : Limitation, s. 17. Notice of, s, 17. Tender of amends, s. 18. Costs, s. 18, Act not to apply to Indians, s. 19. I ■ LORDS DAY OBSERVANCE. 117 H ER MAJESTY, by and with the advice and consent of the Legis- lative Assembly of the Province of Ontario, enacts as follows : — 1. It is not lawful for any merchant, tradesman, farmer, artificer, No lales to mechanic, workman, labourer, or other person whatsover on the Lord's take place on Day, to sell or publicly show forth, or expose, or oflfer for sale, or to ' " •^'" purchase, any goods, chattels, or other personal property, or any real y^ ordinary estate whatsoever, or to do or exercise any worldly labour, business or work, work of his ordinary calling (conveying travellers or Her Majesty's Exceptions. Mail, by land or by water, selling drugs and medicines, and other works of necessity and works of charity only excepted). U.S. O. 1887, c. 203, .s. 1 ; 59 V. c. G2, s. 1. ?}. It is not lawful for any person on that day to hold, convene or to Political meet- attend any public political meeting, or to tipple, or to allow or permit ings, tippling, tippling in any inn, tavern, grocery or house of public entertainment, hibitJd*on or to revel, or publicly exhibit himself in a state of intoxication, or to Sunday. brawl or use profane language in the public streets or open air, so as to create any riot or disturbance, or annoyance to Her Majesty's peace- able subjects. R. S. O 1887, c. 203, s. 2. It. It is not lawful for any person on that day to play at skittles. Games and ball, foot ball, rackets, or any other noisy game, or to gamble with dice •'nnusera''nts or otherwise, or to run races on foot, t)r on horseback, or carriages, or in vehicles of any sort. R. S. 0. 1887, c. 203, s. 3. ^■\ 4. Except in defence of his property from any wolf or other Hunting and ravenous beast or a bird of prey, it is not lawful for any person on shooting, that day to go out hunting or shooting, or in ([uest of, or to take, kill or destroy, any deer or othei- game, or any wild animal, or any wild fowl or bird, or to use any dog, gun, riHe or other engine, net or trap, for the above mentioned purpose. 11. S. O. 1887, c. 203, s 4. j(. It is not lawful for any person on that day to go out fishing, or Fishing, to take, kill or destroy any fish, or to use any gun, fishing-rod, net or other engine for that purpose. R. S. O. 1887, c. 203, s. 5. 0. It is not lawful for any person on that day to bathe in any Bathing, exposed situation in any water within the limits of any incorporated city or town, or within view of any place of public worship, or private residence. R. S. O. 1887, c. 203, s. G. 'J. — (1) Sunday excursions by steamboats plying for hire, or by Sunday railway, or in part by any such steamboat and in part by railway, excurnions and having for their only or principal object the carriage of Sunday P''0""''ted. passengers for amusement or pleasure only, and to go and retui'n on the same day by the same steamboat or railway, or any other, owned by the same persons or company, shall be unlawful, and shall not be deemed a lawful conveying of travellers within the meaning of this Act. (2) 'T'he owner of any steamboat or railway by which any such Penalty. Sunda_y excursion is wholly or partly made shall, for each oflfence against this section, forfeit and pay the sum of $400, to be recovered in any Court having jurisdiction in civil cases to that amount, by any i ^k\ '■W- 118 LABOUR LAWS OF ONTAKIO. II Proctdnre. Application of penalties. "Owner," meaning of. Act not to ayi ply to ferries. IJubility of captain or other |)erEon in charge. person suing for the same under tliis section and for the purposes thereof. (3) The action for tlie recovery of any penalty incurred under this section shall be brought before a Court having jurisdiction, as afore- said, ill the place from which the steamboat or train employed in the unlawful excursion, on which the action is founded, started, or through, or at which it passed or stopped in the course thereof. (4) All sums of money recovered under the provisions of this section shall be appropriated as follows : — One moiety thereof to the plaintiff", and the other moiety to tiie municipality of the city, town, village or place from which the unlawful excursion started, to be applied for the purposes of the municipality. (.")) The word "owner" in this section shall include a corporation. (()) This section shall not apply to ferries or to steamboats when employed thereon. (7) The captain or other person in charge of any steamboat and tiie conductor or other person in charge of any train, used for the purpo.se of any such Sunday excursion shall be liable to the penalties prescribed by this Act for violations thereof; and the said penalties shall be recoverable, and applied in like manner as other penalties under this section. R. S. O. 1887, c. 203, s. 7. Operating S. — (1 ) Xo street car company or tramway company or any electric cmYhe'l'ord's •'■'^i'^'iy company, except where it is necessary tor tl^e purpo.se of Day. keeping the track clear of snow or ice or for other acts of necessity or charity, shall run cars or trams upon the Lord's Day. (li) The foregoing subsection shall not apply to companies which have before the 1st April, 1897, regularly run cars on Sunday, nor shall it cenfer any rights so to run cars on the Lord's Day not now possessed by them, nor shall it affect or apply to any company which has by its charter or by any special Act tlie right or authority t« run cars on Sunday, nor shall it aff'ect the right (if any) of the Toronto Railway Company to run cars upon the Lord's Day, if or when sanctioned by the vote of the electors under 55 V^ictoria, Chapter 99, and 57 A'^ictoria, Chapter 9.'{. Rut this proviso shall not confer upon the 'J'oronto Railway Company any right to run cars upon the Lord's Day whicih it does not now posse.ss (if any) if sanctioned by such vote. Nor shall this .section apply to or aff'ect any of the provisions of l%e Electric Rnilivay Act. GO V. c. 14, s. !••'». Itev. Stat. c. 209. Sales and 0. All sales and purchases, and all contracts and agreements for apreements sale or purchase, of any real or personal property whatsoever, made day to be void, '•^y '^^y person or persons on the Lord's Dhy, shall be utterly null and void. R. S. O. 1887, c. 20.'}, s. 8. Penalty. 10. Any perfon convicted before a Justice of the Peace of any act hereinbefore declared not to be lawful, upon the cath or affirmation of one or more than one credible witness, or upon view liad of the off'ence by the said Justice himself, shall for every such offence be tilled in a sum not exceeding .SIO, nor less than SI, together with the costs and charges attending the proceedings and conviction. R. S. O. 1887, c. 203, .s. 9. mi^ wfrnm LORDS DAT OUSERVANCE. 119 ■-■!'■ ( 1 1. All sums of money awarded or imposed as fines or penalties, by Application of virtue of this Act, shall be paid as follows, that is to say ; one moiety P*""!*'*"* thereof shall be paid to the party charging the offence in writing before the Justice, and the other moiety to the treasurer of the county or city wherein the otlence was committed, to be by him accounted for in the same manner as for other moneys deposited with or paid over to him. H. S. O. 1887, c. 203, s. 10. V*- Where any person has been charged upon oath or otherwise, in Juaticeto sum- writing, before any Justice of the Peace with any offence against this """^ ''^"""^ Act, the said Justice shall su.nmon the person so charged to appear lieforo him, at a time and place to be named in the «"• »mons, and if such person fails or neglects to appear accordingly, then (upon proof of due service of tiic summons upon such person, by delivering or leaving a copy tiieroof at his house, or usual or last place of abode, or by reading tiie same over to him personally)the said Justice may either proceexpressed ; and in case no dis- Commitment. tress sufficient to satisfy the amount is found, he may commit the offender to the common gaol of the county wherein the offence was committed for any term not exceeding three months, unless the fine and costs are sooner paid. R. S. O. 1887, c. 203, s. 14. 10. Tlie prosecution for any offence punishable under this Act Limitation of shall be commenced within one montli after the commission of the f^^J^^ P"**'" oflfence, and not afterwards. R. S. O. 1889, c. 203, s. 15. 1 1. Subject to the provisions of Section 7 of this Act, all actions and When actiont, prosecutions against any person for anything done in pursuance of etc-^ are to be u ^ 4 {» J * ■'•a fl'f t4v :^- '■ li r:Ji-- 1 f^l| ■■ !■ ^ w ■■^.. it ■A .■ ' if-- ; \ ;■ I ■^o li ;t' ■ 'T M" 1 i mmm mm^^^tfiSimmmm mm 120 LABOUR LAWS OF ONTARIO. this Act, slmll be laid and tried in the county where the fact was com- mitted, and shall l»e commenced within six months after the fact com- mitted, and not afterwards ; and notice in writing of such action, and of the cause thereof, shall be given to the defendant one month at Defendant least before the action, and in any such action the defendant may ""'Tt ''b *^ ""^ P"®'*^ ""* S"''*'y ^y statute, and give this Act and the special matter Statute. in evidence at any trial had theraupon. R. S. O. 1887, c. '20S, s. IG. Tender of amends, etc. Defendant if successful to have full coats. 18. No plaintiff shall recover in such action, if tender of suHicient amends is made before such action brought, or if a sufficient sum of money is paid into Court after such action brought by (jr on behalf of the defendant ; and if the plaintiff becomes non-suited, or discontinues any such action after issue joined, or if judgment is given against the plaintiff, the defendant may recover his full costs as betw een solicitor and client, and have the like remedy for the same as any defendant has by law in other cases. R. S. 0. 1887, c. 203, s. 17. Not to extend to Indians. 1J>. This Act shall not extend to the people called Indians, O. 1887, c. 103, 8. 18. R. S. SCHEDULE. (Section 13, Be it remembered, that on the clay of A. D. 18 , at , in the County i>f ' («» ,it the City of . (li the caeemnii be). A. /i , of , is convicted before me G. D., one of Her Majesty's Justices of the Peace for the said County (or City as the case man he), for that he the said A. P>. did (specify the offence, and the time and place ivhen and irhere the same ti:as committed, a» the case may he); and I, the said C. li , adjudge the said A. B., for his offence to pay (immediately, or on or before the day of ) the sum of and also the sum of for costs ; and in default of payment of the said sums respectively, to be imprisoned in the Common Gaol of the said County (or City as the case may he) for the space of months, unless the said sums are sooner paid ; and I direct that the said sum < f (the penaUy) shall be paid as follows that is to say : '^ne :.\oiety thereof to the party charging the offence, and the o* 111 . •' to th'i Treasurer of the County {namiwj the one in u-hich tht I'l" iir. . , . 7„i -ed, or of the said City, us the case may tie), to he by hi'n jnp] 'jd >■• l: :g to the provisions of chapter 24<) of the Revised Si,"- oC of Or,' >. 1, 'v5'.)7, entitled, ^n Act to Prevent the Profanation of thi i/O/i' < i' '■.; Given .!.■ iov im v ,,. •:'! and seal, the day and year first above mentinned. a D., J. v. [L. S.] R. S, O. 1887, c 203, Schedule. ;. FACTOUIES. 121 FACTORIES. R. S. O., 1897, Cap. 256. An Act for the Protection of Persons employed in Factories. Short titlb, b. 1. Intbrprrtation, 8. 2. Who not to bb employed, bb. 3, 4, 5. evidencb as to kmplotmebnt and AGE, 8. 6. Child, yocng oirl or woman : When to be deemed employed, s. 7. Not to be employed when perma nent injury to health probable, 8.8. When employment to be deemed not lawful, 8. 9. ReBtrictions as to cleaning im- chinery in motion, 8. 14. Exemption in certain casas, bb. 11, 12. Hours of emploirment, b. 10, 13. Sanitary regulations, bb. 15-10. Fbnoiso machinery, b. 20. Prevention of firb, b. 21. Notice where person employed is injured, b«i. 22-24 Employer, who to be deemed, b. 25. Exception as to private housbs, 8. 26 (I). Acr NOT to apply to person execu- ting REPAIRS ONLY. B. 27. Regulations by Lieutenant-Gover- nor IN council, s 28. Inspector : Appt iutment, b. 28. Female inspector, s. 29. Powers, s. 30. To obtain special authority before entering dwelling, b. 31. To be furnished with certificate of appointment, b. 32. Notiae to be given by person oc- cupying factory, s. 33. Notices to be affixed in factory, B. 34, 33. Form and service of notices, etc., 8. 36. Penalties : False entry, s. 37. Parent allowing child or young girl to be employed contrary to Act, B. 33. Where no special provision, s. 39. Power of court, b. 40. Employer exempt on conviction of actual offender, b. 41. Inspector to proceed against ACTUAL offender, 8. 42. Fine on Person commitisg of- fen(;es, s. 43. Restraint on Cumulative Fines, b. 44. Application of fines and penal- ties, s. 45. Prosecutions, bb. 46, 47. Evidence on, ss. 6, 48. Report of inspector, b. 49. Forms, b. 50. V'-' ! 1 \ . ■ . , > I : 1 ,■'' '. '■<. i'-. 1.^ ' H ER MAJESTY by and with the advice and consent of the Legislative Assembly of the Province of Ontario enacts as follows : — '• .:!: 1. This Act may be cited as " The Ontario Factories Act." R. S. O. 1887, c. 208, s. 1. *Z- Where the words following occur in this Act, they shall be con- Interpretation strued in the manner hereinafter mentioned, unless a contrary intention appears : 1. "Factory "shall mean: "Factory" iii 122 I Mode of estimating persons em- ployed. LABOUll LAWS OK ONTAIUO. (rt) Any building, workshop, structure or premises of the des- cription mentioned in Schedule A to this Act, together with such other building, structure or other premises as the Lieutenant-Governor in Council from time to time adds to the said Schedule ; and tlie Lieutenant-Governor in Council may, from time to time, by proclamation pub- lished in the Ontario Gazette, add to or remove from the said scliedule such description of premises as he deems necessary or proper ; (6) Any preir' ea, building, workshop, structure, room or place wherein, or within the precincts of which, steam, water, or other mechanical power is used to move or work any machinery employed in preparing, manufacturing or finish- ing or in any process incidental to the preparing, manu- facturing or finishing of any article, substance, material, fabric or compound, or is used to aid the manufacturing process carried on there : (c) Any premises, building, workshop, structure, room or place wherein the employer of the persons working there has the right of access and control, and in which, or within the precincts of which, any manual labour is exercised by way of trade or for purposes of gain in or incidental to the following purposes, or any of them, that is to say : the making of any article or part of any article ; the altering, repairing, ornamenting or finishing of any article ; or, the adapting for sale of any article ; Provided, that where not more than five jx-rsons arc employed in any place coming within the foregoing definition of a factory, and that where children, young girls or women are emjjloyed at home, that is to say in a private house, place or room, used as a dwelling, wherein neither steam, water or other mechanical power is used in aid of the manufacturing process carried on there, and wherein the only persons employed are members of the same family dwelling there, the pro- visions of this Act shall not apply. A part of a factory may for the purposes of this Act be taken to be a separate factory ; and a place used as a dwellins; shall not be deemed to form part of the factory for the purposes of this Act. Where a place situate within the close or precincts forming a factory is solely used for some purpose other than the manufacturing process or handicraft carried on in the factory, such place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factoiy, be deemed to be a separate factory, and be regulated accordingly. Any premises or place shall not be excluded from the definition of a factory by reason only that such premises or place only are or is in the open air. R. S O. 1887, c. 208, s. 2 (1). 52 V. c. \?,, s. 3 (1-2). AVhere any owner, occupier or tenant of any premises, building, workshop, structure, room or place who has the right of access thereto, and control thereof, lets or hires out or contracts for work or labour to be done therein by any other person, and such other person engages or employs therein any workman, child, young girl, or woman in or for the carrying out or performing of such work or labour, or any part FACTORIES. 128 t i '* '1 1 i 1 tliPreof, every sucli workiniin, cliild, younj; girl or woman shall, for all tlu) i)uri)oses of tliis Act, he considered and taken as heing in the service and employment of said owner, tenant or occupier, and in computing the number of persons employed in any place in order to ascertain if such place comes within the definition of a factory accord- ing to the meaning and intent of this Act, every such workman, child, young girl, or woman shall he taken into account. 52 V. c. 43, s. ."5 (4). :.'. " Inspector " shall mean the insjioctor appointed by order of the ' Lieutenant-Governor in Council under the authority of and for enforcing the provisions of this Act in and for the locality in reference to which such e.xjiression applies, and which locality shall be that designated in the ordei'. ."). "Employer" shall mean any person who in his own behalf, or as the manager, superintendent, overseer or agent for any per.son, firm, company or corpoiation, has charge of any factory and employs persons therein. 4. " Week " shall mean the period between midnight on Sumlay night and midnight on the succeeding Saturday night. n. " Child " shall mean a per.son under the age of fourteen years. 6. " Young girl " shall me«n a girl of the age of fourteen years and under the age of eighteen years. 7. " Woman " shall mean a woman of eighteen years of age and upwards. 5. " Parent " shall mean a jiarent or guardian of, or a person having the legal custody cf, or the control over, or having direct benefit from the wages of a child or young girl. il. "Court of summary jurisdiction " shall mean the Justices of the Peace or Police Magistrate, as the case may he, to whom jurisdiction is given by this Act to hear and determine pro.secutions under this Act. 10. " Mill-gearing " shall comprehend every shaft, whether upright, <)bli([ue or horizontal, and every wheel, drum or pulley, by which the motion of the first moving power is communicated to any machine appertaining to a manufacturing process. R.S.O. 1887, c. L*08. s. 2. (2-10) : 52 V. c. 4-J, s. 2. li. No child shall be employed in any factory, except in the business Child not to of canning or desiccating fruits and vegetables and tlie work incident- ^'^ '^"'P'°y?'^ 1 .1 ,. • 1 1 • .• ' e ?i ■ X J. 'o \T 't\ .) except as in nl tliereto, as provided in section ;j or this Act. o8 V. c. oO, s. 2. ^^^^ 5_ 4- The Lieutenant Governor in Council may from ti!ne to time by Prohibiting Order in Council, notice of which shall be published in the ^"^'"■'" XP|°j^™„"Lr (rdzf'tte, prohibit the employment of girls under the age of eighteen, ^g and boys and of boys under the age of sixteen in factories, the work in which under IG. i;* deemed by the Lieutenant-Governor in Council to be dangerous or unwholesome. 58 V. c. 50, s. 12. a. iJoys and girls under fourteen years of age may be employed Employment during the months of J uly, August, September and October in any "^therim?"aiid year in such gathering in and other preparation of fruits or vege- preparing tables for canning or desiccating purposes as may be required to be fruits and done prior to the operation of cooking or other process of that nature f^rl^^nJ^ir re) ; 52 V. c. 43, s. 4 (2-3). Evidence M l». — (1) If a person is found in a factory, except at meal times or to employ- while all the machinery of the factoiv is stopped, or for the sole pur- ment and nge. „f i • • r i j. ii t t • ^i c t. i pose 01 bringing lood to the jiersons employed in the factory, such person shall, until the contrary is proved, bo deemed lor the purpose of this Act to have been then employed in the factory, (2) Yards, playgrounds and places open to the public view, wiiif ing rooms, and otlier rooms belonging to the factory in which no machinery is u.sed or mairufacturing process carried on, shall not be taken to be any part of the factory within the meaning of this .sectifni. (3) Wliere a child or young girl is, in the opinion of the Cout-t, apparently of the age alleged by the informant, it shall lie on the de- fendant to prove that the child or young girl is not of that nge. R.W.O. 1887, c. 208, s. 3. Child, young girl or woman who does any work in factory to be deemed employed in factory. injury to healta likely. 7, A child, young girl, or woman who works in a factory, whether for wages or not, either in a manufacturing process or handicraft, or in cleaning any part of the factory used for any manufacturing process or handicraft, or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with the nmnufactuiing process or handicraft, or connected with the article mode, or otherwise the subject of the manufacturing process or handi- craft therein shall, save as is otherwise provided by this Act, be deem- ed to be employed in such factory within the meaning of this Act, and for the purposes of this Act an apprentice shall be deemed to work for hire. R.S.O. 1887, c. 208, s. 4. Child, young ^. It shall not bo lawful to employ in a factory any child, young ?ot to be'eL^" S^*"' °'' woman, so that the health of such child, young girl or woman ployed where is likely to be permanently injured, and whoever so employs any permanent child, young girl or woman, shall upon summary conviction thereof incur and be liable to imprisonment in the common gaol of the county wherein the offence has been committed, for a periotl not ex- ceeding six months, or to a fine of not more than 8100, with costs of prosecution, and in default of immediate payment of such tine and costs, then to imprisonment as aforesaid. ll.S.O. 1887, e. 208, s. H. When employ- J>. To employ in a factory any child or any young girl or woman you1ig°giri or ' ^'^'^'^ ^ deemed to be not lawful, and so that the health of such child women shall young girl or woman is likely to be permanently injured, if in that be deemed not factory there is any contravention of the following provisions of this *^ " ■ section, that is to say : 1. It shall not be lawful for a child, young girl or woman to be em- ployed for more than ten hours in one day, nor more than for sixty hours in any one week, unless a different apportionment of the hours of labour per day has been made for the sole purpose of giving a shorter day's work on Saturday. 2, In every factory the employer shall allow every child and every young girl and woman therein employed not less than one hour at '^i»»V FACTORIES. 123 lUMtn of each day for meals, but such luiur sliall not \m counted as part of tlio tiiuf lieroiu limited as icspectH tiio einploymcnt of cliild- rt'ii, young girls and women. ;i. If the inspector so directs in writing, tht! employer shall not allow any child, young girl or woman to take meals in any nxmi where- in any manufacturing process is then heing carried on. And if the inspector so directs in writing th(! employer shall, at liis own expense, provide a suitable room or place in the factory oi' in connection thei'e- with, for th(! purposes of a dining and eating room for persons em- ployed in the factory. U.S.O. IM87, c. -JOM, s. (i. (3")). 10.— (1) Notwithstanding anything contained in this Act, women Kmployment may, during tho months of July, August, September and October in '.'' *",I\""J '° any year, be employed to a later hour than nine o'clock in the after- tanning or' noon of any day in any factory wherein the only work or operations 'Iwicoatini,' carried on relate to and are exclusively such as may be necessary for '"'**• tlie canning or desiccating of fruits or vegetables, and the prepara- tion tlioreof for being so canned or desiccated; but no womaii shall be so employed during the said months to a later hour than nine o'clock in the afternoon of any day for mort! than twenty days in the whole, and in reckoning such period of twenty days, every day on which any woman has been so employed to a later hour than nine o'clock in the afternoon shall be taken into account. (•_') Where under the provisions of this section any woman is em- ployed on any day to a later hour than seven o'clock in the afternoon, she shall, on every such day and in addition to the hour for the noon- day meal provided for by section 9 of this Act, be allowed not less than foi'ty-tlve minutes for another or evening meal l)etween five and eight of the clock in the afternoon. ')2 V. c. l.'i, s. 10. II. — (1) Subject to any regulations which may be made in that When inspec" behalf by the Lieutenant-Governor in Council, it shall be lawful for '<«■ may grant , T i. exemption the Inspector from fpregoicg (a) Where any accident which prevents the working of any factory ^""' happens to the motive power of any machinery ; or (b) Where from any other occurrence beyond the control of the em- l)loyer the machinery, or any part of the machinery, of any factory cannot be regularly worked ; or ((■) Where the customs (jr exigencies of certain tirades refjuiro that the children, young girls or women working in a factory, or in certain processes in a factory, shall be employed for a longer period than as herein above provided, on due proof to his satisfaction of such accident, occurrence, custom or exigency of trade, to give permission for such exemption from the observance of the foregoing provisions of the Act as will, in his judg- ment, fairly and equitably to the proprietors, of, and to the women; young girls and children in, such factory, make up for any loss of labour from such accident or occurrence, or meet the requirements of such custom or exigency of trade : (2) In the case of tiie inspector permitting such exemption, (a) No woman, young girl or child shall be employed before the 'I: ( r m %h ki ,•■:, s. 'it i 'T -n^ I' t. 12G LAHOUU LAWS OK ONTAIUO. liour of six o'clock in tlio morning nor after the hour f)f nine o'clock in the ovcning ; and {!)) The liours of livbour for woinon, young girls andcliildren slmll not be more tlian twelve and n half in any oiio day, nor more than stventy-two and a half in any one week, and (e) Such exemption shall not comprise more than thirty six days, in the w'. 'c, in any twelve months ; and in reckoning such period ot thirty-six days, every day on which any chilil, young girl, or woman has been einployeil overtime shall be taken into account ; anil ((/) During the continuance of such exemption there sliall, in addition to the hour for the noon-day meal provided for l)y section 9 of this Act, be allowed to every woman, young girl, or child so employed in the factory on any day to an hour later than seven of the dock in the afternoon, not less than forty live minutes foi' another or evening meal between five and eight of the clock in the afternoon ; and (e) In every factory to, or with respect to, which any such pei' mission for' exemption is so given, there shall, in c(mij)liance with the provisions of section 34 of this Act, be attixed a notice specifying the extent and particulars of such exemp- tion. 1{. S. O. 1887, c. 208, s. 8 : fjL' V. c. HJ, ss, 5 and tl. Particulars to t'i- When under the exemptions allowed herein any child, young be recorded by girl or woman is employed in any factory on any day for a longer ^Ul» l'?t«lm.> period than is allowed herein, the duration of such emplovment s'lall CA86 01 CXomp* f i • I 11 .1 1 • • 1 • 1 I 1*1 1 • tlon. be daily recorded l)y the employer in a register, winch shall he in such form as may be reiiuired by any regulations made in that behalf by the Lieutenant-Governor in Council. U.S. O. I8S7, c. 20S, s. 9. Notice of Hi Notice of the hours between which children, young girls or hours of em- women are to l)e employed, shall be made in such form as may be EeTfflxed in ''cquired by the regulations made in that behalf by the Lieutenant- factory. Governor in Council, and shall bo signed by the inspector and by the em- ployer, and shall be hung up during tlu; iieriod afl'ected by such notice, in such conspicuous place or places in the factory as the inspector re- quires. 11. S. (). 1887, c. 208, s. 10. Cleanin;; ma 14. — (1) A child shall not be allowed to clean any part of the mach- chinory while inery in a factory while the same is in motion by the aid of steam, in motion. water or other mechanical power. (2) A young girl or woman shall not be allowed to clean such part of the machinery in a factory as is mill-gearing, while the same is in motion for the purpose of propelling any part of the manufacturing machinery. (3) A child or young girl shall not be allowed to work between the fixed and traversing part of any self-acting machine while the machine is in motion by the action of steam, water, or other machinery power. (4) A child, young girl, or woman, allowed by an employer to clean or to work in contravention of this .section, shall be deemed to be employed by him contrary to the provisions of this Act, and to have contravened said, provisions. R. S. 0. 1887, c. 208, s. 7. I'A< TORIES. 1S7 ;' sufh cliild, mil lie 15. — (I ) Kvt-ry factoiy .hIiiiII ho kopt in ii I'lciiuly stiilc and free froni Sanltniy con- etHuvia ariMinj,' from any drain, privy or any otiier nuiMancc. illtionof (2) A factory .shall not h»( so ovonrowdud while wnrk is carried on thcroin aH to he injuriouH to the liealth of the persons employed there in. (3) Every factory shall he ventilated in such a manner as to render hannless, so far as is reRsonaljly practicahlo, all the yases. vapours, dust or other impurities generat((d in the course of the nmnufacturing pro- cess or handicraft carried on therein that may he injurious to health. (4) Tn every factory there .«hall he kept i)rovide(l asutlicient numher and description of ])rivips, earth or water-closets, and urinals for the employees of such factory ; such closets and urinals shall at ;vll times ho kept clean and \vi;l| ventilated, and separate sets thereof slmll ho providtid for the use of male and female employees, and shall have respectively separate approaches. ("•) A factory in which thei'e is a contravention of this stu'tion or of the regulations mad(! foi' thfu'iiforcemeiit of this section, shali he deem- ed to 1)0 kept unlawfully, and so that the health of any person employed ther<'in is likely to he permanently injurfd, and the employer shall, hecause thoieof, ho deemed to ho guilty of a contravention of the pro- visions of this Act. J{. S. (). 1S87, c l'OS, s. 1 1. 10. — (1) In e very factory where, contrary to the pi'ovisions of thisKiniiloyar to Act, thert! is anv omission, act, neglect or default in nslation to jmy ''r"""'-Y '"""' 1. •.,.,'". .1 1 i ^ 1 ^ 1 -'Kill, ''tc > on overcrosvding, viMitilation dram, privy, earth closet, water-closet, ash-„„ji(;g_ pit, water-su|)ply, nuisance or other matter wherohy the health of iier- sons employed in the factory may he all'octed, the employer shall within a reasonahle time take such action thereon as the inspector, acting under the regulations, if any, made in resjiect to such suhjects, notities the employer to he proper and ncH'cssary : and (2) In every factory where any process is carried on hy which dust is generated and inhaled hy the workers to an injurious extent, if sucli inhalation can hy mechanical means he prevented or partially pi'evented, the insptu'tor may, suhject to such i'egulati(jns, if any, as m.iy ho nuide in that, hehaif, direct that such meansshall he provided within a reasoii- al)le tinu^ hy the employer, who in such cases shall he hound so to pro- vide them. (."{) A factory in which the provisions of this section are not com- plied with hy the emphiyor shall he deemed to he kept unlawfully and so that the health of any pcsrson therein (smpli yod is likely to he per- manently injured, and such (imiiloyer shall hecause thereof, he deemed to he guilty of a contravention of the provisions cif this Act. 11. S. O. 1887, 0. 208, s. 12 : 52 V. c. 43, s. 7. 11. Where two or more persons occupy or use Uie same room or persons occii- premises for carrying on any work or husiness within the meaning of pying same this Act, and employ in the aggrf gate si.x persons or more, no one of l"'''"''''^^ *°'l such persons employing so many as si.\, each of the .several employers five or more shall be held rcspousihle for providing proper and sutHcient water- 1'^™""'- closets and the other reciuirements set forth in sections 15 and 10 of this Act ; which said .sections shall apply to each and every of such employers as if they were partners in all the work or business of the said room or premises. 58 V. c. 50, s. 4. if: I!! ■i '. Ii V. > Vi" s'"'- 128 LABOUK LAWS OF ONTARIO. Inspector may 18. The inspector may for the purposes of tire next preceding tliree takephysician, sections, take with him into any factory a physician, health officer, etc, into fac- ^^, ^^^^^^^, ^ff^^^^. ^f j.i,g jo^al sanitary authority. R. S. O. 1887, c. 208, &. '"'^" 13. Penalty for keeping fac- tory so tliat safety of persons em- ployed is endangered. Ii>. It shall not be lawful to keep a factory so that tlie safety of any person employed therein is endangered, or so that the health of any person employed therein is likely to be permanonlly injured, and who- ever so keeps a factory shall, upon conviction th Mtof, incur and be liable to imprisonment within the common gaol of the county within which the offence was connnitted, for a period of not more than twelve months, or to a fine of not more than 8500, with costs of prosecution, and in default of immediate payment of such fine and costs, then to imprison- ment as aforesaid. R. S. O. 1887, c. 208, s. 14. Guarding dangerous places. Notice from inspector as to precaution against acci- d-^nts. '40. — (1) In every factory, (a) All dangerous parts of mill gearing, machinery, vats, pans, caldrons, reservoirs, wheel-races, tlumes, water channels, doors, openings in the floors or walls, bridge.s, and all other like dangerous structures or places shall be as far as prac- ticable securely guarded. 58 V. c. 50, s. 3. {i)) No machinery other than steam engines shall be cleaned while in motion if the inspector so directs by written no- tice. (e) The openings of eveiy hoist way, hatchway, elevator or well- hole shall be at eacii floor provided with and protected by good and sufficient trap-doors or self-closing hatches, and safety-catches, or by such other safeguards as the inspector directs, and such trapdoors shall be kept closed at all times except when in actual use by persons authorized by the em- ployer to use the same. (d) All elevator cabs or cars, whether used for freight or pas- seng '. shall be provided with some suitable mechanical device co be approved by the inspector, whereby the cab or car will be securely held in the event of accident to the shipper, rope or hoisting machinery, or from any similar cause. R. S. O. 1887, c. 208, s. 15 (2-4). (e) Any other particulars which any inspector from time to time considers dangerous, and in regard to which he gives notice to that effect to the employer, shall likewise as far as practicable be secured or securely guarded. 58 V. c. 50, s. 6. (2) A factory in which there is a contravention of this section or of the regulations made for the enforcement of this section, shall bo deemed to be kept unlawfully, and so that the safety of any person employed therein is endangered. R.S.O. 1887, c. 208, s. 15, last part. Prevention of fire. 'it. — (1) In every factory. (a) There shall be sucli means of extinguishing fire as the in- spector, acting under the regulations made in that behalf, directs in writing ; M''\ FACTORIES. 129 i I n (6) The main inside and outside doors shall open outwardly, and any door leading to or being the principal or main entrance to the factory or to any tower stairways, or fire-escapes therein or belonging thereto, shall not be bolted, barred, or locked at any time during the ordinary and usual working hours in the factory. R. S. 0. 1887, c. 208, s. 16 (1, 2). (2) In the case of factories over two storeys in height, there shall Prevention of be provided in every room which is above the ground floor, or in so »<=<''''.*?** **y many of the rooms above the ground floor as the inspector in writing ropes, certifies to be in his judgment sufficient, a wire or other rope for every window in the room, or for as many windows in the room as the in- spector certifies in writing to be sufficient. (a) Every such rope shall be not le.ss than three-quarters of an inch in thickness, and of sulHcient length to reach from the room in which it is kept to the ground below ; and every such window of every room shall lie provided with proper, convenient and .secure fastenings and appurtenances to which one end of the rope may be safely secured or fastened. (h) The said wire or othar ropes shall be kept in a coil or other convenient position in the room. .")8 V. c. 50, s. 5. (3) Every factory three or more storeys in height, in which persons are employed above the second storey, unless supplied with a sufficient, number of tower stairways witli iron doors, shall be provided with a sufficient number of fire-escapes; such fire escapes shall consist of an iron stiiirway with a suitable railing, and shall be connected with the interior of the building by iron doors or windo'vs, wiih iron shutters, and shall have suitable landings at every storey above the first, in- cluding the attic if the attic is occupied as a workroom, and such fire- escapes shall be kept in good repair and fiee from obstruction or incumbrance of any kind ; hut any of the requirements of this sub- section may be dispensed with in any factory if the inspector so directs. (4) A factory or workshop in which there is a contravention of this section shall be deemed to be kept unlawfully and so that the safety of any person employed therein is endangered. R. S. O. 1887, c. 208, 8. 16 (3). *i'i. In case of a fire or accident in any factory occasioning any Uotjge „f g^,^. bodily injury to any person employed therein, whereby he is prevented dent to be from working for more than six days next after the tire or accident, ap'^*'"*" notice shall be sent to the inspector in writing by the einployer forth- "'*''^'' *"* with after the expiration of the said six (lays, and if such notice is not so sent the employer shall be liable to a tine not exceeding $30. 58 V. c. 50 8. 7. J' tf K' 11, i W^ Pi !33. In case of an explosion occurring in a factory, whether anyxoticeof person is injured thereby or not, the fact of such explosion having explosion, occurred shall be reported to the inspector in writing by the employer within twenty-four hours next iifter the explosion takes place. And if such notice is not so sent, the emplo3'er shall be liable to a fine not exceeding $30. 58 V. c. 50, 8. 9 i i i 'i Vi i r-rT!f7-«s';w-»TO7Tr77Tri;fl!|PPr'T^^ 130 LABOUR LAWS OF ONTARIO. III I |i 'I Notification of death or fatal injury. Who to be deemed employer of children, etc. , in certain caees. Certain pro- visions not to apply to private house. Certain pru- visinns not to apply to fact- ories in which children or youn« girls are not employed. Notice to be given if system of employment changed, 24. Where in a factory any person is killed from any cause, or is injured from any cause, in a manner likely to prove fatal, written notice of the accident shall be sent to the inspector within twenty-four hours after the occurrence thereof, and if such notice is not so sent, the employer shall be liable to a fine not exceeding $30. 58 Y. c. 50, s. 9. 35. Where in a factory the owner or hirer of a machine or imple- ment moved by steam, water, or other mechanical power, in or about or in connection with which macliine or implement, children, young girls, or women are employed, is some person other than the employer as defined by this Act, and such children, young girls, or women are in the employment and pay of the owner or hirer of such machine or implement, in any such case such owner or Iiirer shall, so far as res- pects any offence against this Act, which may be committed in relation to such children, voung girls, or women, be deemed to be the employer. R. S. O. 1887, c. 208, s. 20. 20.— (1) The provisions of this Act which relate (a) To the cleanliness or to the freedom from effluvia, or to the overcrowding or ventilation of a factory ; and (6) To children, young girls and women being during any part of the times allowed for meals in a factory, employed in the factory, or being allowed to remain in any room ; and (c) To the aflixing of any notice or abstract in a factory or speci- fying any matter in the notice so athxed, save and except wh< re such notice is a notice of the name and address of the inspector ; and (d) To the sending notice of accidents ; shall not apply where persons are employed at home, that is to say, to a private house, room, or place which, though used as a dwelling, might by rea.son of the work carried on there be a factory within the meaning of this Act, and in which neither steam, water nor other mechanical power is used, and in which the only persons employed are members of the same family dwelling there. (2) The provisions of this Act which relate (a) To children, young girls and women being during any part of the times allowed for meals in a factory, employed in a factory, or being allowed to remain in any room ; and (6) To the affixing of any notice or abstract in a factory or speci- fying any matter in the notice so affixed, save and except whire such notice is a notice of the name and address of the inspector ; shall not apply to a factory which is conducted on the system of not employing children or young girls therein, and the occupier of which has served on the inspector notice of his intention to conduct his factory upon that system. (.3) Whfi-ean employer has srrved on an inspector notice of his intention to conduct his fac*.o>y on the sy-stem of not employing 'lerein, the factory sliall be deemed for all the gir purposes of this Act to be conducted on the said system until the TT^T^i^»i^'^-^fig J'^J'w or any part of, a factory. 11. S. O. 1887, c. 208, s. 23. only atrapaiis 38. The Lieutenant Governor in Council may from time to time, for RenulationB the purpose of carrying out this Act — j"*^ ?** made 1. Make such rules, regulations and orders for enforcing its pro- governor in visions, and for the conduct and duties of the inspector, as may be deemed necessary , 2 Appoint the inspector, who shall be paid such salary or com- pensadon as from time to time may be appropriated for tiie purpose by the Ijegislature ; 3. Designate and assign, in the order appointing any inspector, the locality in and for which he is to be the inspector under this Act. R. S. O. 1887, c. 208, s. 24. 550. The Lieutenant-Governor in Council may from time to time Female nppoint a female inspector for the purpo.se of carrying out this Act, in Inspector. tddition to the other inspectors by law directed. 08 V. c. 50, s. 10. ;{0 — (1) The inspector shall for the purposes of the execution of Fower» of this Act, and for enforcing the regulations made under the authority Inspector. thereof, have power to do all or any of the following things, namely, (a) To entor, inspect and examine at all rea^jonable times by day or night any factory and any pait thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by dtiy any place which he has reasonable cause to believe to be a factory ; (6) To require the production of any register, certificate, notice or document required by this Act to be kept, and to in.spect, examitje, and copy the same ; (c) To take with him in either case a constable into a factory in which lie has n^asonable cau.'-e to apprehend any serious obstruction in the execution of his duty ; (d) To make such examination and inquiry as may be necessary U) ascertain whether the provisions of this Act are com- plied with, so far as respects the factory and the persons employed therein ; («) To examine, either alone or in the presence of any other person, as he thinks tit, with respect to matters under this Act every person whom he finds in a factory, or whom he has reasonable cause to believe to be, or to have been, within the two preceding months, employe'! in a factory, and to require such person to be so examined, and to sign a declaration of the viuth 01 the matters respecting which he is so examined ; ,■ ■if • hi !•.■ ^?t' I'ifs 132 LABOUU LAWS OF ONTARIO. (/) For the purpose of any investigation, enquiry or examination made by him under the autliority of this Act, to adminis- ter an oath to and to summon any person to give evidence ; {g) To exercise sucli otiier powers as may be necessary for carry- ing this Act into effect. (2) The employer and his agents and servants shall furnish the means required by the inspector as necessary for an entry, inspection, examin- ation, inquiry or the exercise of his powers under this Act in relation to such factory. (3) Every person who wilfully delays the inspector in the exercise of any power under this section, or who fails to comply with a requisition or summons of the inspector in pursuance of this section, or to produce any certificate or document which he is required by or in pursuance of this Act to produce, or who conceals or prevents a child, young girl or woman from appearing before or being examined by the inspector, or attempts so to conceal or prevent a child, young girl or woman, shall be deemed to obstruct an in.spector in the execution of his duties under this Act : but no one shall be required under this section to answer any question, or to give any evidence, tending to criminate himself. (4) W ore the inspector is obstructed in the execution of his duties under this act, the person obstructing him shall be liable to a fine not exceeding $30 ; and where an inspector is so obstructed in a factory, the employer shall be liable to a fine not exceeding $30, or where the oflfence is committed at night, $100. R. S. O. 1887, c. •J08, s. 25. Inspector beforu enter- ing dwelling without con- sent of occu- pier to obtain special authority. 31- — (1) The inspector, before entering, in pursuance of the powers conferred by tliis Act, without the consent of the occupier, any room or place actually used as a dwelling, as well as for a factory, shall, on an affidavit or statutory declaration of facts and reasons, obtain writ- ten authority to do so from the Lieutenant-Governor in Council, or such warrant as is hereinafter mentioned, from a Justice of the Peace or Police Magistrate. (2) The affidavit or statutory declaration above mentioned may be inspected or produced in evidence, in all respects the same as an infor- mation on oath before a Justice. (3) A Justice of the Peace or Police Magistrate, if satisfied, by in- formation on oath, that there is reasonable cause to suppose that any enactment of this Act is contravened in any such room or place as aforesaid, may, in his discretion, grant a warrant under his hand, authorizing the inspector named therein, at any time within the period named therein, but not exceeding one month from the date thereof, to enter in pursuance of this Act, the room or place named in the war- rant, and exercise therein tlie powers of inspection and examination conferred by this Act, and the fines and provisions of this Act, with respect to obstruction of the inspector, shall apply accordingly. R. S. 0. 1887, c. 208, s. 26. Inspector to J{^. Every inspector under this Act shall be furnished with a formal be furniHhed certificate of hi.s appointment, under the hand and seal of the -Minister with cei'tihcttte .... , "^i I » ,, -n • r^ ., i ,, and to produce of Agriculture (or other member of the Executive Council to whom the same if de- duty of the administration of this Act may from time to time be as- signed under The Act respuctinij the Executive Council), and on applying for admission to a factory shall, if required, produce to the employer the said certificate. R. 8. O. 1887, c. 208, s. 27 ; 52 V. c. 43. s. 9. manded. Rev. Stat. 0.14. FACTORIES. 133 1 1 nation Idminis- |idence ; carry- > means txamin- relation 33.— (1) Every person sliall, within one, month after he begins to Notice to be occupy a factory, serve on the inspector a written notice containing «'"'*" in^pec- the name of the factory, tlie place where it is situated, the address to ''',^,','^ P"*"" which he desires his letters to be addressed, the nature of the work, factory. the nature and amount of the moving power therein, and the name of the firm under which the business of the factory is to be carried on, and in default shall be liable to a tine not exceeding SoO. (2) In every factory the employer shall keep, in the form anil with the particulars prescribed by any regulation made by the Lieutenant- Governor in Council in that behalf, a register of the women, young girls and children employed in that factory and of tlicir employment, and of other matters under this Act, and shall send to the inspector such extiacts from niiy register kept in pursuance? of this Act ii.s the inspector from time to time recjuires for the execution of his duties under this Act, and in default thereof such employer shall be liable to a tine not exceeding $30. 11. S. O. 1887, c. 208," s. 28. ^^i «t4' There shall be affixed at the entrance of a factory and in such Notices to be other parts thereof as the inspector diiects, and be constantly kept so '.'*'' j'*'^ '" . affixed in the form directed by the inspector find in such position as to be easily read by the persons employed in the factory — 1. Such notices of the provisioris of this Act, and of any regulations made thereunder as the inspector deems necessary to enable tlie per- sons employed in the factory to become ac(|uainted with their rights, liabilities and duties under this Act ; 2. A notice of the name and address of the inspector ; 3. A notice of the clock (if any) by which the period of employment and times for meals in the factory are regulated ; 4. Every other notice and document (if any) required by this Act to be affixed in the factory. In the event of a contravention of any provision or requirement of this section in a factory the employer shall be liable to a fine not exceeding $20. R. S. O. 1887, c. 208, s. 29. .SVe sec. 11 (2e). 35. A notice of the name and address of the inspector shall in Notice of compliance with such directions as the inspector may give under the name and m address of inspector. provisions of section 34 of this Act, be alli.xed in every factory. ")2 V. c. 43, 8. 11. 30. — (1) Any notice, order, requisition, summons and document Notices, etc., under this Act may be in writing or print, or partly in writing and ""•l ."""de of , • » • , service partly in prmt. (2) Any notice, order, requisition, summons and document required, or authorized to be served or sent, for the purposes of this Act may be served and sent bv delivering the same to or at the residence of the person on or to whom it is to be served or sent, or where that person is anemplo)er, within the meaning of this Act, by delivering the same, or a true copy thereof, to his agent or to some person in the factory of which he is employer ; it may also be served or sent by post by a prepaid letter, and if served or sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post. V %« ■( il ■• i w 134 LABOL'U LAWS OF ONTARIO. and in proving such service or sending, it shall be sufficient to prove that it was properly addressed and pub into the post ; and where it is niquired to be served on or sent to an employer it shall be deemed to be properly addressed, if addressed to liini at the factory in respect of which he is employe . with the addition of the proper postal address, but withou' jum' ■ *ho person who is the employer. R. S. O. 1S87, c. 208, s. 3C IJ'3'. Every person who wilf' .j ..a! u: a false entry in any register, notice, certiticate or document required by this Actio l)e left or served, or .sent, or who wilfully maW. , or .signs a, false declaration under this Act, or who kno\ungly liiakes ■'-e of such false entry or declaration, shall, upon conviction thereof, be li-iLle d imprisonment in the common gaol of tiie county wherein the ottence was committed for a period not exceeding six months or to a Hue of not more than $100, with costs of prosecution, and in default of immediate payment of such tine and costs, then to imprisonment as aforesaid. ll.S.O. 1887, c. 208, s. 22. Parent of liH- The [larent of any child or young girl employed in a factory child or .vduiiffjti contravention of tliis Act shall, unless such employment is without gir empnve the consent, connivance or wilful default of such parent, be guilty of Penalty in caae of false entry, etc. contrary to Act liable t( penalty. Penalty for contravention of Act where no axpres!* penalty pro- vided. an offence in contravention of this Act, and shall for eaeli ofleme on summary conviction thereof incur and pay a fine of not nmre than .S">0 and costs of prosecution, and in default of immediate piiynient of such tine and costs shall be im})rison('d in the connnon gaol of the county wherein which llieolFence was connnitted, for a jieriod not exceeding three months. ll.S.O. 1887, c. 208, s. 17. lltt- If any of the provisions of this Act, or if any regulation.s, rules or orders made under the authority thereof by the Meutenant- (Jovernor in Council or by a.'iy inspector are contravened, and no other penalty is herein provided for such contravention, the employer guilty of such contravention shall on summary conviction theieof incur and pny a tine of not more than 8")0, with costs of piosecution, and in default of immediate paymentof such tine and costs .shall be im- prisoned in the conunon gaol of the county within which the ofTence was committed, for a period not exceeding three months. R. S. O. 1887, c. 208, s. ,31. Power of court 40. If a factory is not kept in conformity with this Act, the Court •"(r'^r*'"fi *" ^^ summary jurisdiction, in addition to, or instead of indicting a tine, ^ ' penalty or other punishment upon the employer, nuiy order certain means to be adopted bv the employ er, within the time named in the order, for the purpose of bringing his factory into conforinitv with this Act; the Court may, also, upon application, enlarge the time .so named, but if, after the expiration of the time as originally named or enlarged by subsecjuent ord«r, the order is not complied with, the emploi er shall be liable to a fine not exceeding $10 for every day that such non-compliance continues. R. S. O 1 887, c. 208, s. 32. Power of em- ployer to ex- empt himself from fine on conviction of the actual oftender. 41. Where the employer is charged with an offence against this Act he shall be entitled, upon information duly laid by him, to have any other person whom he charges as the actual offender brought before the Court or tribunal at the time appointed for hearing the charge ; and if after the commission of the offence has been proved the em- B'ACTOIUKS. 135 lit to and all he ictovy iioper iloyer. ister, rvcd, ncJer iry or ment tted than ment 1887, ployer proves to the satisfaction of the Court that he had used due diligence to enfoce the execution of the Act, ar.d that the said other person had committed the offence in question without the knowledge, consent or connivance of hira the employer, the said other person shall be summarily convicted of such offence and the employer shall be exempt fiom any tine, penalty or punishment. R.S.O. l687, c. 208, s. 33. 4?J. Where it is made to appear to the .satisfaction of the inspector Inspector to at the time of discoverinj' the offence tliat the employer had used all l'f"V<*e^ 1 iM- i e .1 • 1..1-.111 1. »!-'iunHt actual due diligence to cntorce tlie execution or tins Act, and also by what offender. person such offence was conunitted and also that it was committed without the knowledj;e, consent or C'lniiivance of the employ r and in contravention of his orders, then the insjiector sliall proceed against the person whom he believes to be the actual offtnder in the first instance, without lirst proceeding against the employer. R.S.O. 1887, c. 208, s. 34. 418. Where an offence for whicli an employer is liable under this Fine on person Act to a fine has in fact b(>t;n committed by some agent, sei-vant, work-''''"""''j'"8 man or other person, such agent, seivant, woikman or other ])erson wliich eraploy- shall 1)(! liable to the same fine, penalty or punislimentr for such offence ei' is liable, as if he were the employer. 11. S. O. 1887, c. '20;^, s. 3-5. -44. A person shall not, be liable in respcict of a repetition of the same i^''straint on kind of offence from day to day to any larger fine, penalty or punish-^''"j| '^® ment than the highest tine, penalty or punishments fixed by tliis Act for the offence, except — 1. Where the repetition of the offence occurs after au information has been laid for tlie previous offence ; or, 2. Where the offence is one of employing two or more children, young girls or women coiiti'ary to the provisions of this Act. 11. S. O. 1887, c. 208, s. M\. 45. All fines or penalties in money imposed or recovered under or Apflioation of in pursuance of this Act, shall be paid l;y the convicting Ju.sticea orfinesand Police Magistrate, as the case may be, to the inspector, who shall forth- ''^"* with pay tne saint; over to the Ti'ea-urer of the P'ovince to and ffjrthe use of the Province R. S. O. 1887, c 208, s. 37. 4ii AU prosecutions under (his Act may be brought and heard Prosecutions before any two of Her Majesty's Justices of the Peace in and for thei'"! procedure county when; the penalty was incurred or the offence was conunitted Of wrong done, and in cities and towns, in which there is a Police Magistrate, before such Police Magistrate ; and save where otherwise Key. st^t. provided by this Act the procedure shall be governed by The Ontario v. 90. Summarif Conmclions Act. R. S. O. 1887, c. 208, s. 39. 41. The, following provisions shall have effect with respect to sum- Limitation of mary proceedings for ofl'ences and fines under this Act : (jeneral pro- 1. The information shall be laid within two months, or where tl»e ^^^l^^l^a^ptj"^. offence is punishable at discretion by imprisonment, within three ceedings. months after the offence has come to the knowledge of the inspector. 58 V. c. 50, .s. II. 2. Th' description of an offence in the words of this Act, or in Limitation of similar words, shall be sufficient in law. prosecu lona. ■W% I st! ■ :• i: J. m n 186 LABOUU LAWS OF ONTARIO. Evidence of accused per- 80I1!>. Report of iDspector to be laid before Legislative Assembly. Refnsters and notices. 3. Any exception, exemption, proviso, excuse or qualitictition, whether it does or does not accompany the description of the offence in tliis Act, may bo proved by tlie defendant, but need not be specified or negatived in the information, and if so specified or noL'atived, no proof in rehvtion to the matters so specified or negatived sliall be requir- ed on the part of the informant. 4. It shall be sufficient to allege that a factory is a factory within the meaning of this Act, without more. 5. It shall be sufficient to state the name of the ostensible employer or the title of the firm by which the employer employing persons in the factory is usually known. 6. A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form, and a conviction oi order made by a Court of summary jurisdiction against which a person is authorized by this Act to appeal, shall not be removed by certiorari or otherwise, either at the instance of the Crown or of any private person, into the High Court, except for the purpose of the hearing and determination of a special ca.se. U. S. O. 1887, c. 208, s. 38 (2-6). 48. On the trial of any complaint, proceeding, matter or (|uestion under this Act, the person opposing or defending, or who is charged with any offence against or under any of the provisions of this Act, shall be competent and compellable to give evidence in or with respect to such complaint, proceeding, matter or question. 52 V. c. 43, s. 12. 40. Such annual or other report of the inspector as the Lieutenant- Governor from time to time directs, shall be laid before the Legislative Assembly. R. S. O. 1887, c. 208, s. 40. 50. Unless, and until otherwise ordered or directed by any regula- tion in that behalf made by the Lieutenant-Governor in Council, (a) The register mentioned in and required by section 33 of this Act shall, so far as the same relates to children and young girls, be according to form A in Schedule B to this Act ; and, so far as the .same relates to women, be according to form B in the said Schedule ; (6) The register mentioned in and required by section 12 of this Act shall be according to form C in said Schedule ; (c) On the first page of any register kept by an employer, pursuant to this Act, or to any rule, order or regulation made in that b(half by the Lieutenant-Governor in Council, shall be printed the form D in the said Schedule, or one to the like effect ; and the same shall be properly filled up and signed by the inspector and the employer, when such register is Commenced to be kept ; (d) Notice of the hours between which children, young girls or wo- men are to be employed in any factory, as required by section 13 of this Act, shall be according to form E in said Schedule ; (e) Notice to an inspector, under section,s 22 to 24 of this Act, may be in the form F of said Schedule ; FACTOKIES. 137 Mthiii ^'SJ: if) Notice to an inHpector, under section 2G of this Act, may be ac- cordin/ to »uch of the forms G and H of said -Schedule as the case re- quires ; and (g) Notice to an inspector, under section 33 of this Act, may be in the form I of said Schedule. 52 V. c. 43, s. 14. I:i^ SCHEDULE A. {Unction 2.) Agricul'urnl Implement FnctoritB. Auger Fi'Ctorit b. Axe »nd S^jiing F'clorles. B ikehou ei > nd \i ke hop". Baking Powder rnd Yeasi Factories, B o Factorie'. Bird C^ge F. c or od. Bitcuir Fac or es. Blacking Facorjej. BUnke' Ficones. Boiler F c or ei. Bolf. aid Nu' Fiic'o'ies. Book-bind ng Fac orie<. Boot nnd Shoe Factories. Box Fac orie4. Brass F' undr.os. Brewenen. Bro<>m F'-ctories. Brui-h F'lC" r e*. Bustle Hnd Hodpskirt Factories. Butt('n F c 'T'Of. Gunn ng FHCtories Cap F..C'' r e*. Carpe' Fncfinipp. Carriage Fac>orie«. CarriHgri Go. d-< (ir^n) Fnctories. CarriHg-t Wo dw'i'k Factotiej. Cartridge Facwrioj. C^rShi.-. Chece Box F ctories. Cheiiiicii Wo kii Child » C rr ag F..cturies. Cidtr F'CKTies. Cigar Factories. C gir Bmx F'Of.' ries. CIny P pH Fac or.e*. Clock FctorieB. Cloih'Og Factories. Coffin F..ct rirt". Confect'onrtry Factories. Coopers' Worksh. pi. Cork FiC*< ries. Cor.-et. Frtc'ores. Core* and Hxp^kirtStf elFac'oriea. Cotton Facti r.o<. Distilit-ne". Domes'io Ut n'ils Fac'^ories. Dreas Sh e d F^crits. Drop F'i'g ng FaCtutiea. Dye Woikd. Pklgo Tool Fnclories. Eleuinc INIiicli n'ty Factories, E ecdo yi e 1<". undiie". E (1. ry VVliHul Faciories. Envelope Fac orifs. Ex ncia iiiid Edseiitial Oil Factories. Felt Fac'or.es. Fil« Works. F ax Mills. Foundric. Fr iiy ■ and Tbs'sI Factories. F ui' DtiaicC't ng B'actories. Fu ni ur^ F c'cries. Fu'rioib' Work- hops. Gaivan'z d and Pie.-sed Ironwork Factiries. Gl i>8 Works. G ova Facoriea. G ucose FHC'oiies, Gun undSiiixll Arm Factories. Ha r Ohih Facti.ries. Hiino< FaC'ories. Hauimsr Fnctories, H " F c ories. H nge Factories. H r.i C'lmb F'lC^ories. Hoiiby H'Txe Factories. H. siny Fact.'iries. Iron Blidg^ Wcrks. JaiiiH, Jhi ios and Pickle 'Works. fJeW'lle'y Fact' ries. K'l ki F'Ctorie'. Knitting Fac cries. Kiiii'iug Miicli n- Factories. Knttng Ni edle Factorits. LiC' FiiQi ories. Lam )> Goods Factories. Last Facoriea. Lundries. L uiidiy. B'uing and Wa<^hing Crys- la' Facories. L hd PipH and Shot Factories. Lin n. Coiton and Ju e Bag Factor- I' s. L'thograph' rs' W. rkshops. Lock F..c'< r es. 1 oco'iiotive Works. Machine Sho,)8. M ch n ■ Screw Works. Manil - Piece Factories. Mar 'le Works. Ma ch Fac'oi-ies. Mailing Factorits. f ■' 4:\ tl m^ 138 LABOUK LAWS (»K ONTAKIO. Mattrau Factories. Metallic Shingle Fao^ories. Milt Furiiishiiig Wuiks. Mirror Factories. Niiil Works. Necktie Works. Oil Mills. Oil Refineries. Organ Factories. Organ Reeds Facturies. Orniimontul Mouldiiij; F'actories. Paint Works. Paper B'tg Fitctoried. Paper Bi>x Factories. Paper Collar Factories. Paper and Pulp Mills. Paratine Factories. Patent Medicine Facturies. Piano Factories. Piano and Organ Key-board Fac- tories. Picture Frame Works. Pin Factories. Planing Mills. Plated Metal Works. Potteries. Printing Ink Factories. Pulp Factories. Ri>ries. Reaper Knife Factories. Rivet Works. Rolling Mills. Rope Works. Rubber Factories. Saddlery Hardware B'actories. Sttfo Works. Salt Drying Works. Sash und Door Factories. Saw Factories. Saw Mills. Scale Works. Sewer Pipe Factories. S*>wing Mich'ne Works. Shirc Kacrories. Shoddy Factories. Shovel FactoriiB. Sh 'W Cane Fuctotios. Silk FHCtiiries. Skate Woi ks. Soap Woiks. Si 'da Water Factories. Spice and G 'ffee Mills. Spool F"C'orie<. S aint^d GUss Factories. S'aich Fnctories. S ave Factories, Stwy F ctori«8. S'et-l Who Foctories. S rHW Wotki. Suga"- Refii'Crle*. Suipender FHCtoiies. Syiup Factories. T'tnnerie^. TcraCottft Woik-. Threi-d Spoolii g FHc'ories. Till Sianipir'g W.iiks. Tobbcco Faci'iries. Toy Factories. Trunk Fac'l. When n p> rNnnceaii'S to lie eiiiploved, i inert in ihiH column nppo' Hiri! hia or her niiine, " UJt " When ft vounjj ((iri heronies ii woman within the nicaiiint^ of the Aot, insert oiipu* ('ite her name the word " Woinun." F..KM B. {SecUmm S3 and 50.) REGISTER OF WOMEN OF 18 YEARS OF AGE AND UPWARDS EMPLOYED IN THIS FACTORY. Under "The Ontario Factories Act." the word " Child " moanH a person under the age of fourteen years; the expression " Young (lirl " means a girl of ftmrteen years and under tlie age of eighteen years; the word " Woman" means a woman of eighteen years of age and upwards, .md the word *' Parent " moans a parent or guardian of, or a person having the legal custody of, or the control over, or having direct benefit from the wages of, a child or young girl. (Sub sees. 6, 6, 7 and 8 of sec. 2.) 1 Nsmo. Residence. Pate of first employment. Vature of employment Remarks. When a woman ceaiea to be employed, insi'rt in this column opposite her name " Left." m 140 LABOUU LAWS OF ONTARIO. FoiiM C. (SeetiiniH 12 oiid fiO ) REOISTKR OP THE CFIILDIIKN YOUNO OIRLS AND WOMEN EMPLOY W IN THIS F vUiOUY <>\ ANY DAY FOK A LONGER PKUIOD THAN IS ALLOWED HY "THE ON I ARH) FACTOR- IES AC;T." (See Sees II ftiid 12.) Daten when employed fur a luoger periud, etc. Miiutb. UliJH Yeur. Nnme of chiltl ynuiiK^irl or WolllHIl HO employed. Time of tliu dny when em liliyiiu'iit I ejjaii. Time of ItiB l>iy>rieiit eiidnil. Total of h' IIII4 eni|i uyed uiiiigdity Nature of eiii|>loy- iiient. Form D. {Section bO.) "THE ONTARIO FACTORIES ACT." Factoky to WHICH lUIS ReOISTEK Applies. 1. ( Name (if any) of factory * Situate in "j Post Office to which letters for ' this factory are to be directed 2. Nature of work carried on. 3. Nature and amount of moving power : (a) Steam-engine of about indicated horae-power, of which horse-power is employed in this factory. (/)) Water wheel of about indicated horse power, of which horse-power is employed in this faciory. 4. Clock. 6« Name of the occupier and employer. (Signature of occupier or ageiU.) To THE (ICCCPH'R AND EMPLOYER liN THIS Factory. I hereby give you notice that the clock named under letding No. 4 on this page is the cluck by which the hours of ei)M)l()yineiit i^nd times allowed for mv.is in this factory are to be ref;ulated. Dated this day of Inspector. IKN 'OH- FACTURIES. FUBM E. {SectiDiia 13 ami 50.) "THE ONTARIO FACTORIES ACT." 141 of NOTICE. It shall not be lawful for i\ child, youiin girl or woinini to be employed for more thun ton hours in one diiy, nor for more thiiii Hixty hours in any one wp unless a diii^jroiit iippDrtiomiiLMit of tiiu hourn of labour per day has I ado lor the hoIu iiiupo^o of giving aslmrtur day 8 work on Hatur- day. '10. 1 of sec U.) In every factory the omiiloyor shall allow every child atid every young ;irl and womxn therein einiiloyod not less tiian one hour at noon of each lay for meals, but hucIi hour shall not be counted as part of the time herein limited hh respects the omi)loyment of children, young girls and women. (Subsec. 2 of sec U ) i Notice of the hours between which children, young girls or womo" are to be employed, shall be made in huIi form as may be required by tho regulations made in that behalf by the LieutcnantUovcrnur in Council) and shall be sig'ied by the Inspector ami by the employer, and shall b*) hung up . IS'!',, Cai'. 2ru. An Act respecting Shops und Places other than Factories. Shout Titlb, p, 1. Act not to affect Public Haalth Act, a. 2. Part I. Kkoulation op Employment in Shops. Application of Act, f . 3. IiiieTpretHtion, ks 4, 5. Ohildrtn under U) iiot to he era- ployed, 8. G. Hours for children, girls and wom<-n. sfl. 7 9. Reitister, s. 10. Seats for f male cniplojees, b. 11. Eating nxuu, s. 12. Sanitary Brranf^inient!*, r.«. 13, I I. Fire t^BOHpes, s. 16. Powers of Inspector, ss. I(J 19. Notices, 88. 20, 21. Ofpbnces ^^nu penalties, ss. ft. II, 22, 24. Procedure and evitleiice, as. 25-:>'.'. Employment OF kmploveb'.s famii.v IN SHOP, s. 33. Bakk Shops, s.s. 34 41. Inspection, ss. 42 4.3. Pakt II. By-laws as to closing, b. 44. Exokptions. As to druggists, a. 44, (10). As to Bupplyint; lodaer.i aii 1 ves- sels, B. 44, (11). Penalties, b. 44, (K5-18). ■iM i i. ill • ,-. . ■ ■ \ ■ ' ■ . 144 LABOUR LAWS OF ONTARIO. H EB MAJESTY, by and with the advice and consent of the Lngislative Assembly of the Province of Ontario, enacts as fol- lows: PRELIMINARY. Short tltla 1. This Act may be cited as " The Ontario Shops Regulation Act." 51 V. c. 33, 8. 1. Aotnotto 3. Nothing in this Act shall in any way conflict or interfere with Hndth i^L ^^^ powers and duties of local boaids of health, or the officers appointed under 7'A« Public Health Act, 60 V. c. 51, s. 43. PART I. I 1 ( KEGULATION OF EMPLOYMENT AND HOURS OF LAUOUR IN SUOPS. 3. Part I. of this Act shall not apply to any place of business which is within the operation of The Ontario Factories Act. 60 V. c. 51, 8. 1. 4. — (1) Unless the context otherwise requires, the following words and expressions in Part I. of tii s Act shall have the meaning hereby assigned to them respectively, that is to say : (a) " Shop " shall mean any building or portion of a building, Ijooth, stall, or place where goods are handled, or exposed r>v offered for sale, and any such building, portion (>f a buihiitij;, booth, stall or place wl.ere goods are manufactured and to which The Ontario Factories Act does not apply, and laundries wjierein neither steam, water power, nor electric power is used in aid of the work carried on ; but shall not include any place where t!ie only trade or business carried on is that of a tobacconist, news-agent, hotel, inn, tavern or .i>iy premises wherein, under license, spirituous or fermented liquor is sola by retail for consumption on the premises. {b) "Inspector"' shall mean the inspector appointed by order of the Lieutenant-Governor in Council undor the authority of and for enforcing the provisions of this Act. "Employer." (c) " Ejnployer " shall mean any person who in his own behalf, or as manager, superintendent, or agent for any p'rson, firm, company, or corporation, has charge of any shop and employs children, young persons or women therein. P»rt I not to apply to places within. Rev. Stat c. 266. Interpretation " Shop." BeT. Stat. 0.256. " Inipeotor.' "Week." " Child." "Young girl." " Woman.' (rf) " Week " shall mean the period between midnight on Sunday night and midnight on the succeeding Saturday night. (e) " Child" shall mean a person under the age of fourteen years. (/) " Young girl " shall mean a girl of the age of fourteen years and under the age of tighteen years. ig) " Woman " shall mean a female eighteen years of age or upwards. 60 V. c. 51, 8. 2. I .' SHOPS, BEGULATION OF. 14S (2) Where any owner, occupier or tenant of any premises, building. Who to be workshop, structure, room, or place, wiio has the control thereof, or dtemed in the right pf access thereto, lets or hires out or contracts for work or labour '^^^J^ tenant to be done therein by any other person and such other persi.n engages or oconpier. or employs therein any workman, child, young girl or woman in or for the carrying out or performing of such work or labour, or any part thereof, every such workman, child, young girl or woman shall, for all the purposes of Part I. of this Act, he taken as being in the service and employment of said owner, tenant or occupier. 60 V. c. 51, s. 10. 5. A part of a shop may for the purposes of this Act be taken to Part of » ehop be a separate shop. 60 V. c. 51, s. 11. <{■ No person under ten years of age shall be employed in any shop. Children 60 V. c. 51, s. 4. under 10 years 1.— (1) No child, young girl or woman shall be employed in or Hours for about a shop on any day of the week, other than Saturday or the day children, next before a statutory holiday, before the hour of seven o'clock in the anlj"4omen. morning, or after the hour of six o'clock in the evening. (2) No child, young girl or woman sha'l be employed in or about a shop on Saturday or on the day next before any statutory holiday before the hour of seven o'clock in the morning or after the hour of ten o'clock in the evening. (3) There shall be allowed to every child, young girl or woman so employed not less than one hour for the noonday meal on each day, and when so employed after six o'clock in the evening not less than forty-five minutes for another or evening meal. (i) Provided that a child, young girl or woman may be employed in Proviso. a shop upon one day other than Saturday, and the day before a statu- tory holiday, in any week until the h' ur of ten o'clock in the evening, but in that case such child, young girl or woman shall not be so employed on Saturday in such week after the hour of six o'clock in the evening. „ .. ° Exception as (5) Nothing in this section contained shall apply or be in force as*"^ to any shop from the 14th day of December to the 24tli day of i3ege,„i,g, ,jn([ December, inclusive, in each year. 60 V. c. 51, s. 5. 24th Decem- ber. 8. A child, young girl or woman who has been previously on any Persons em- day employed in any factory as defined by The Ontario Factories Act, P'oye')'" fer the number of hours permitted by the said Act, shall not, to the knowledge of the employer, be employed on the same day in a shop, „ „ or shall not be employed thennn for a longer period than will com- c. 2.56. plete such number of hours. 60 V, c. 51, s. 6. 9. Where any ciiild, young girl or woman is employed in or about a Penalty for shop contrary to the provisions of Pari T. of this Act, the employer ^'"PWoient shall, upon conviction thereof, be liable to a line of not less than $ 1 c„„trary to nor more than .$25 for each person s > employed, with costs of the Act. prosecution, and in default of immediate payment of sucli fine and costs, to be imprisoned in the coiiimoa gaol of the county within whicii th<^ offence was oomniittt'd for ,i period of not less than one month nor nn -e than three months. 60 V. c. 51, s. 7. 10 'i it ' m "^^^s:i.(' 146 LABOUR LAWS OF ONTARIO. Register of children, young girls «nd women employed. Seats to be provided for female employees. 10. In every shop in which any child, young girl or woman is employed, thei e shall be provided and kept a correct register of the name, age and place of residence of eveiy such child, young girl or woman employed, and Fuch registi- shall at all times, on demand, be open to the free inspection of the inspector, 60 V. c. 51, s. 9. II. — (1) In any shop in which females are employed the employer shall at all times provide and keep therein a sufficient and suitable seat or chair for the use of every such female, and shall permit her v^, use such chair or seat when not necessarily engaged in the work or duty for which she is employed in such shop ; nor shall the employer by any open or covert threat, rule, or other intimation, expressed or implied, or by any contrivance, prevent any such female employee using such seat or chair as afore.-aid. (2) Any person offending against any of the provisions of this section shall, upon conviction thereof, lie liable to a tine of not less than $10, nor more than $25, with co.sts of prosecution, and, in default of immediate payment of such fines and costs, to be im- prisoned in the common taol of the county within which the offence was committed for a period of not less than one month nor more than three months. 60 V., c. 51,, s. 8. Eating room Vi. If the inspector so directs in writing, tne employer shall, at for employees, his own expense, provide a suitable room or place in the shop, or in connection tiiercwith, for the purposes of a dining or eating room for persons employed in the shop, and no part of such expense shall be payable by or chargeable to the wages of any employee, 60 V, c, 51, s. 13. Shops to be !•{• — (1) Every shop shall be kept sufficiently ventilated and in a kept in proper cleanly state and free from effluvia arising from any drain, privy, condition. ^^, ^^^ other nuisance, and shall not be so overcrowded by employ- ees wliile work is carried on therein as to be injurious to the health of the persons employed therein. Sanitary ar- (2) Every shop shall have in connection therewith, or within con- rangements. venient distance, and with convenient access thereto, a sufficient number and description of privies, earth or water-closets, and urin- als for the employees of such shop ; such closets and urinals shall at all times be kept clean and well ventilated, and separate sets thereof shall be provided for the use of male and female employees and shall have respectively separate approaches 60 V. c 51, s. 14. Employer to conform to directions of inspector. Fire-escapes. 14. In every shop where, contrary to the provisions of this Act, there is any omission, act, neglect or default in relation to any overcrowding, ventilation, drain, privy, earth closet, water-closet, ash pit, water supply, nuisance or other matter whereby the health of persons employed in the shop may be injuriously affected, the em- ployer shall, within a reasonable time, take such action thereon as the inspector, acting under the regulations, if any, made in respect to such subjects, notifies the employer to be proper and necessary. 60 V. c. 61, s. 15. 15. Besides the present requirements as to fire-escapes, there shall, in the case of shops over two stories in height, be provided in every m H' U'^, SHOPS, REGULATION OF. Ii7 room which is above the ground floor, or in so many of the rooms above the ground floor as the inspector in writing certifies to be in his judgment sufficient, a wire or other rope for every window in the room, or for as many windows in t' e room as the inspector certi- fies in writing to be suflicient. (2) Every such rope shall be not less than three-quarters of an inch in thickness, and of suflicient "^ength to reach from the room in which it is kept to the ground below, and every such window of every room sh.ill be provided witli proper, convenient and secure fastenings and appurtenances to which one end of the rope may be safely secured or fastened. (3) The said wire or other ropes shall be kept in a coil or other convenient position in the room. (4) In case of particular danger from fire in any shop more than three storeys in height, the Lieutenant Governor in Council may by regulation require the construction of fire-escapes, consisting of iron stairways on the outside of the building with suitable railings and with landinus at every storey, including the attic when used as part of tlie shop, and with proper means of access to such stairway from the interior of the building. 60 V. c. 51, s. 16. 10. The inspector shall, for the purpose of the execution of this Powern of Act and for enforcing the regulation!, made under the authority inspector, thereof, have power to do all or any of the following things, namely : 1. To enter, inspect and examine at all reasonable times by day or night any shop or any part thereof when he has reasonable cause to believe that such shop requires inspection under the provisions of this Act. 2. To require the production of any register, certificate, notice or document required by this Act to be kept, and to inspect, examine and copy the same. 3. To make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act are complied with, 80 far as respects the shop and the persons employed therein ; and to require any person to be examined, and to sign a declaration of the truth of the matters respecting which he is so examined ; 4. To exercise such other powers as may be necessary for carrying this Act into effect. 60 V. c. 51, s. 19. t7- The employer and his agents and servants shall furnish the Employer to means required by the inspector as necessary for an entry, inspection, furnish awiet- examination, inquiry, or the exercise of his powers under this Act in f^j'^ngpf., relation to such shop. 60 V. c. 51, a. 20. 18. Every inspector under this Act .=hall be furnished with a formal inspector to certificate of his appointment, under the hand and seal of the Minister prnduce cer- of Agriculture for Ontario, and on applying for admission to a shop ^'pp^j^^^^^j^^ shall, if required, produce to the employer the said certificate, c. 51, 8. 21 60 V. 11>. Every person who wilfully hinders, obstructs, or interferes wit li Obstructing an inspector in the discharge of his duties under this Act, after theP'''"""''*'"'^ *^ ° inspector. ipppww '■[■mmy' Notice to be affixed in sliop. 448 LABOUR LAWS OF ONTAKIO. ' inspector has exhibited his certificate of appointment; shall be liable to a fine not exceeding $20 and costs, and in default oi immediate pay- ment thereof, to imprisonment for any term not exceeding thirty days. 60 V. c. 51, 8. 22 30. ( 1 ) There shall be posted up in convenient places in every shop and be constantly kept so posted up in the form directfd by the in- spector and in such position as to be easily read by the persons em- ployed in the shop — (a) Sucii notices of the provisions of this Act, and of any regula- tions made thereunder as the inspector deems necessary to enable the persons employed in the shop to become acquainted with their rights, liabilities and duties under this Act j and (b) A notice of the name and address of the inspector. 2. In the event of a contravention of this section in a shop, the em- ployer shall be liable to a line not exceeding $20 and costs. 60 V. c. 51, s. 23. 31. Any notice under this Act shall be in writing and may be served by delivering the same to or at the residence of the person on or t^ whom it is to be served or sent, or where that pers n is an em- ployer, within the meaning of this Act, by delivering the same or a true copy thereof, to his agent or to some person in the shop of which he is employer. 60 V. c. 51, s. 24. Penalty for 33. Any person who wilfully makes a false entry in any register, iflter certifi** "Otice, certificate or document required by this Act to lie kept, left or catee, etc. served or sent, or who wilfully makes or signs a false declaration under this Act, or who knowingly makes use of any such false ent y or de- claration, shall upon conviction thereof incur and be liable to impris- onment in the common gaol of the county wherein the offence was commiited, for a period not exceeding six months nor less than one month, or to a fine of not more than $50 nor less than $20, with costs of prosecution, and in default of immediate payment of such tine and costs, then to imprisonment as aforesaid. 60 V. c. 51, s. 17. Notices, etc., and mode of service. Penalty for contravention of Act where no express penalty pro- vided. 33. If any of the provisions of Part I of this Act, or of any regula- tions, rules or orders made under the authority thereof by the Lieu- tenant-Governor in Council, or by any inspector, are contravened, and no other penalty is herein provided for such contravention, the em- ployer guilty of such contravention shall on summary conviction thereof incur and pay a fine of not more than $50 with costs of prose- cution, and in default of immediate payment of such tine and costs shall be imprisoned in the common gaol of the county within which the offence was committed, for a period not exceeding three months. 60 V. c. 51, s. 25. Power of court 34. If a shop is not kept in conformity with this Act, the Court of summary jurisdiction, in addition to or instead of inflicting a tine, penalty or other punishment upon the employer, may oider certain me.ans to be adopted by the employer, within the time named in the order, for the purpose of bringinf^ his shop into conformity with this Act ; the court may, also, upon application, enlarge the time so named. iu addition to inflicting fine, ■p ble to pay- days. |i8 em- Bgula- iry to Muted and SHOPS, REaULATION OF. 149 but if, after the expiration of the time an ori^'inally named or enlarged by subsequent order, the < rder is not complied with, tlie employer sliall be liable to a fine not exci eilinn; .$5 for every day that such non-com- pliance continues. 00 \'. c. .")!, s. 20. 'iH. Where it i.-^ made to appear to the satisfacLii)n of the inspector r,ispector at the tune of di.scoveiing tlie oO'ence that the emphiyer had used all pmuved due (idi,!,'ence to enforce the execulidii of this Act, and al,-o by what "ji'"''!'* "*^*'"*' peivson such ofVence was ctmiinitted, and also that it was connnitted' without the consent or cotnivance of tlie employer and in contraven- tion of his orders, then the insjiectur shall proceed ayainst the person whom he believes to be the actual offender in the first instance, willi- out first proceeding against the employer. (iO V. c. f)!, s. 27. /J(J. Where an employer is charged with an offence against any of Employer the provisions of Pan I of this Act, he shall he entitled, upon informa-'n''y ^"'^ tion duly laid by liim, to have any other person whom he charges to J",^, "" j,'t iiito*"^ bo the actual offender brought befdi-e the Court nt the time appointed court. for heari g the charge, and if, after thf lonniiission of the oHencc; has been proved, the said emf)loyer proves that he used due diligence to enf rce the execution of t\w provisions of this Act, and that the said other person committed the offence in (juestion without his knowledge, consent or connivance or wilful neglect, or default, the said emjiloyer shall be exempt from any fine, penalty or punishment ; but the said other f)erson shall thereupon be summarily convicted of such olVence, and .shall Ix^ liable to the same iin(!. ])enalty or puiushment therefor as if he were the employer. GO V. c. •")!, s. .S. 'tt- Where an offence for which an employer is liable under F^art 1 yme on person of this Act to a line has in fnct been comnntted by some a^ent, servant, w>mmitting workman or (tther pcM'.son, such agent, >ervant, workman or other per- ^'y|,j^|j ^,jj j^y. son shall be liable to the same line, penalty or punishment for suchcr is liable. offence as if he were the employer. (JO V. c. 51, s. 2iS. 'ZH. All prosecutions unrler this Act may he brought and heard be- Prosecutions fore any two of Her Majesty's .lust ices r)f the Peace in and for the and procedure, county where the penalty was incurred or the offence was committed or wrong done, and in cities and towns, in which there is a Police Magistrate, before such Police .Magistrate; and save where otherwise provide, . stat. SumiiKtry Convictions Act. CO V. c. HI, s. .'5"2. c. 90. *i9- Whore a child or young girl is, in the opinion of the Court, ap- Onus of proof parently of the age alleged by the informant, it shall lie on the defen- "^ "«"• dant to prove that the child or young person ia not of that age. 60 V. c. 51, s. 12. 30. A person shall not be liable in respect of a repetition of the Restraint on same kind of offence from day to day to any larger tine, penalty «»■ ci^»|^^'a*"« punishment than fixed by this Act for the offence, except — 1. Where the repetition of the offence occurs after an information has been laid for the previous offence ; or 2. Where the offence is one of employing two or more children, young girls or women contrary to the provisions of this Act. GO V. c. 51, 8. 29. ■' t i:t Hii ipfM!iiiiP"*«^innppi*«ip IHPPPP 100 LABOUR LAWS OF ONTARIO. Application of 31. All fines or penalties in money imposed and recovered, under or fines and jjj pursuance of this Act, shall be paid by the convicting justices or p«na ea. police magistrate, as the case may be, to the inspec'or, who shall forth- with pay the same over to the Treasurer of the Province to and for the use of the Province. 60 V. c. 51, s. 30. Limitation of time and general pro- Tisions as to gummary pro- ceedings. lt*i. The followi tg provisions shall have effect with respect to sum- mary proceedings for offences and fines under Part I. of this Act : 1. The time for laying an information shall be within two months, or where the ofi'ence is punishable at discretion by imprisonment, within three months, after the ofiFence has come to the knowledge of the in- spector. 2. The description of an offence in the words of this Act, or in simi- lar words, shall be sufficient in law 3. Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the off.'nce in this Act, may be proved by tiie defendant, but need not be specilied or nega- tived in the information, and if so specified or negatived, no proof in relation to the matters so specified oi- negatived shall be required on the part of the informant. 4. It shall be sufficient to allege that a shop is a shop within the meaning of this A^'^t, without more. 5. It shall be sufficient to state the name of the ostensible employer or the title of the firm by which the employer employing persons in the shop is usually known. 6. A conviction or order made in any matter arising under this Act, either originally or on appeal, shall not be quashed for want of form ; and a conviction or order made by a court of summary jurisdiction against which a person is authorized by this Act to appeal, .''hall not be removed by certiorari or otherwise, either at the instance of the Crown or of any private person, into the High Court, except for the purpose of the hearing and determination of a special case. 60 V. c. 51, s. 31. Emi)loyinent 33. Nothing in the preceding sections of this Act shall apply to a of employer's shop where the. only persons employed therein are at home, that is to family in shop, g^y^ g^^.^ members of the same family dwelling there, or to members of the employer's family dwelling in a house to which the shop is attach- ed. 60 V. c. 51, s. 33. .:-;^ [bake shops. 34 In the next seven sections of this Act the following words shall have the meaning hereinafter expressed, unless a contrary intention appears : 'Bakeahop." (1) "Bake shop" shall mean any building, premises, workshop, struc- ture, room or place wherein is carried on the manufacture or sale of confectionery, or of bread, biscuits, cakes or any other food product made from flour, or from meal, or from both, in whole or in part, and the said bake shop shall include also any room or rooms used for stor- ing the confectionery, bread, cakes, biscuits and other food products. SHOPS, REGULATION OF. 151 1 ::■■ / Br or is or )rth- for sum- iths, ithin in- Bimi- thc (2) "Inspector" shall mean any inspector appointed under the pro- " iMpeotor. ' visions of this Act, or under the provisions of The Ontario Factories Act. (3) "Employer" shall mean any person who in his own behalf, or,.j, j „ as the manager, superintendent, overseer or agent for any person, firm, "" "''*'' company or corporation, has charge of any bake shop, or employs any person or persons therein. (4) "Week" shall mean the period between midnight on Sunday „ ™. . „ night and midnight on the succeeding Saturday night. 60 V. c. 51, s. 35. 35- All bake shops to which tliis Act applies shall be constructed To be oon- as to lighting, heating, ventilating and draining in such a manner as |'''''"'='.*''l *"•* . not to be detriment*! or injurious to the healtli of any person working ^^fy condition therein, and shall also be kept, at all times, in a clean and sanitary condition, so as to secure the production and preservation of all the food products therein in a good and wliolesome condition. 60 V. c. 51, s. 36. 30. Every bake shop shall be provided with a proper wash-room, Convenienceg closet, and other conveniences necessary for tlie health and comfort of ^°' employees, the persons employed therein, the wash-roum, closets and other con- veniences to be separate from the bake shop, and such washroom, closets and other conveniences shall be kept clean and in a sanitary condition. 60 V. c. 51, s. 37. 3T. The sleeping place or places of the employees of every bake Sleeping shop shall be entirely separate from the bake shop, and no person Pl"?**""* *" shall bo allowed to sleep in such shop. 60 V. c. 51, s. 38. shops. 38. Every bake shop shall be provided with proper means and Fire-flscapes. facilities of escape in case of tire, such means or facilities to be to the satisfaction of the inspector. 60 V. c. 51, s. 39. 39 No employer shall require, permit or suffer any employee in Hours of any bake shop to work on Sunday, nor more than twelve hours on any labour. one day, or more than sixty hours in any one week, except by permis- sion of the inspector given in writing to the employer, and a copy of which permission shall be posted in a conspicuous place in the bake shop. 60 V. c. 51, s. 40. 40. No employer shall knowingly require, permit or suffer any persons affeet- Derson to work in his bakeshop who is affected with consumption of ed with oer- ^ .. ^1 '.1 11* '..I tain diseases the lungs, or with scrofula, or with any venereal disease, or witii any „^j ^^ ^^^^ j^ communicable skin -sary, who shall bo paid such salary or com- pensation as from time to time may l)e appropriated for the purpose by the Legislature. 2. Make such rules, rejjulations and orders for enforcing the pro- visions of Part. T of this Act and for the conduct and duties of the inspector or inspectors, aa may be deemed necessary. CO V. c. 51, s. 18. Report of Inspector to be laid before liCgiiilative Aaaeaably. 4!(. Such annual or other report of the inspector as the Lieutenant- Governor from time to time directs, shall belaid before the Lerjislative Assembly. 60 V. c. :>1, s. 34. PART IL MUNICIPAL nY-LA\V.S AS TO CL0SIN(i 01" SHOPS. Interpretation 44.— (1> Unless the context otherwi.so nKjuires, the followinj; words and expressions in this section and in any by-law passed under the provisions of this .section shall have the meaning liereby assigned to them respectively, that is to say ; (aj " Shop " shaH mean any building or portion of a building, booth, stall or place where goods are expo-ed or offered for sale by rettdl ; but not where the oidy trade or busi- ness carried on is that of a tobacconist, rews-Hgent, hotel, inn, tavern, victualling house or refreshment house, nor any premises wherein under license, spirituous or fermenied liquor is sold by retail for consumption on the premises. (b) "Closed" shall mean not open for the serving of any cus- tomer; provided that nothing in this section or in any by law passed under authority thereof shall be deemed to render unlawful the continuance in a shop after the hour appointed for the closing thereof, of any custom* rs who I were in the shop immediatel. before that hour, or the serving of such customers during their continuance therein. SHOPS, HEdULATlON OF. 158 f ! llHIl ItllO fiob to lito, well jian (the (c) "Unincorporated villnj,'!!" sliiill inonn any unintMirporated villago or sci-tli'iiicnt lyiiif,' wliolly wit.hin tlio liinilH of a townsliip, iiiid whicli, liy l)y-|,iw, tim ((luiii'il of tlii^ town- ship in wliicli the wunc is situati',, under a naiiic and with IxnindiU-ics to \n' declared and defined in and liy such by- hiw, seta apart from the iciuairdnn poi'tion of the town- ship in which the same is situate, lor the pur, oses of his Act, and witli the intent (hat such uiiinioriMiraled v lhi!i;e or setthimerit nuiy he i)r()U{,'lit unchu' lh(i ojieraiion hcu'eof. ((/) " Local council " shall mean the municipal council of a city, town or incorponited villaue, or the nuniicii)id council of any township within whicli is sitmile any uidncorporated village, as the case nuiy he, («) " Municijiality " shall mean the city, town or incorporated villa^'e, the municipal council whereof, eitlier U|on ap])li- cation nuide in that heha'f nr otherwise, passes any iiy-law under the provisions of tiiis secti(»n ; and also means any uidncorpoiated villa^'e situate within any townshij), the nuitucipa! council of which :owiiship. cither upon applica- tion made in th.it hi^half or otherwise, passes any l)y-law under the provisions of this section. b2 V. c, 44, s. •_', (2) Any local council nuiy hy l>y law require that durin^f the; whole By-lawi4 deter- or any part or parts of the year, all or any class or classes of shops "'•"]">; hours within the niunici|iality shall Ik^ closed, and reuuiin closed on each or" '^ """B' any day of tin* wei'k at and during; any time or hours Itetween seven of the clock in the afternoon of any day and live of the clock in the forenoon of the next foUowin;,' day. 52 V. c. 44, s. 4. (3) If any application is received hy or presented to u local council, ''nuncil to prayiiit' for the passiii;; of a hv-law re(iuirin}' the closinL' of any class ''*"" "y.Y. or classes of slio[)s situate within the municipality, and the council is of occupiers satisfied that such application is si^^neil hy not less than thiee-foui tlis "f aliops. in numVier of the occupiers of shops withm the municipality and be- lonj,'in<; to the class or each of the classes to which such application relates, the council shall, within one month after th(! receipt or pre- sentation of such application, jtass ji, bylaw f^'ivini; elh'ct to the said application and rc(]uiriiif,' all shojis within the mui.icipality, belonginj^ to the class or clas.ses specified in the application, to be closed during the period of the year, and at the times and hours mentioned in that behalf in the application. (4) A local council may by by-law make regulations as to the form Uegulations as of any appl cation to be made under the preceding sub-section, and as '",!"( '"f*° to the evidence to be produced respecting the proportion of persons applications, signing such application, and as to the classification of shops for the purposes of this section, and it shall not be compulsory upon a local council to pass a by-law under said preceding sub section unless and until, with respect to the application made therefor, all such regula- tions have been duly observed, (5) If the application mentioned in the next preceding two sub- Preaentation sections is delivered to the clerk of a council, it shall be deemed to "* application, have been presented to and received by the council within the mean- ing of said preceding sub sections. \ «,* ^^ ^^ 164 LABOUR LAWS OF ONTARIO. Commenos- (6) Every such by-law shiill take effect at. a date named therein, publication of bein^ "'*'' !•'•'"''''"•" '*"® ""•" "'ore than two weeks after the passing Dy-Uwi. thereof, and shall before that date be published in such mannur aa to the local couiu^il passing tlie by-law may appear best litted to insure the publicity thereof. By-lnwutobe (7) A local council shall not have the power to repeal a by-law repeuled only pnHscd pursuant to sub-section 3 of this section, except as provided in Rub-seotion 8. the next foUowinf^ sub section. When by-law may be repealed. (8) Tf at any time it is made to appear to the satisfaction of a local council that more than one third in number of the occupiers of shops to which any by-law ptsted by the council under the authority of sub- section 3 of this section relates, or of any class of such shops, are op- posed to the continuance of such by-law, the local council may repeal the f^aid by law, or may repeal the same in so far as it affects such class of shops as aforesaid, but any such repeal shall not affect the power of the council to thereafler pa^s another by law under any of the provisions of this section. Cloalng of (!)) A shop in which trades of two or more classes are carried on, ghopH in whichgiiiiii |,y ,;]osed for the purpose of all such trades at the hour at which aeveral tradtH .^., iii-i^i i 11..1 i;.ii. are carried on. ''' '** '*y "■"3' ^'wli by law recjuired to bo closed tor tlie pur|)ose 01 that one of sucli trades which is the principal trade carrieil on in said shop. Exception bh to galea by druggists. Supplying artiule-i to lodgers, ko. Power* of township oonncils. (10) A pharmaceutical chemist, or chemist and druggist, shall not nor shall any oceujjier of or person employed in < r about a shop in any village be liable to any tine, penalty or punishment under any 8U h by-law, for supplying medicines, drugs or medical appliances after the hour appointed by such by-law for the closing of shops ; but nothing herein contained shall be deemed to authorize any person whomsoever to keep open shop after the said hour. 51 V. c. 33, s. 2 (3-10). (11) Nothing in any such by-law contained shall render the occu- pier of any premises liable to any tine, p>malty or pun'"hment, for supplying any article to any person lodging in such premises, or for supplying any article required for immediate use by reason or because of any emergnncy Jirising from sickness, ailment or death, or for sup- plying or .selling any aiticle to any person for use on, or in, or about, or with respect to any steamboat or sailing vessel which at the time of such supplying or selling is either within or in the immediate neighbourhood of the municipality in which said premi.ses are situate, or for use by or with respect to any person employed or engaged on, or being a passenger on or by any such steamboat or sailing vessel ; but nothing herein contained shall be deemed to authorize any person whomsoever to keep open shop after the hour appointed by such by- law for the closing of shops. 51 V. c. 33, s. 2 (1 1) ; 52 V. c. 44, s. 3. (12) The municipal council of every township shall, with respect to any portion of such township which, by bylaw, such coun il has set apart as an unincorporated village under the provisions of this Act, have all the rights and powers conferred by this Act on the council of a city, town or unincorporated village, and may under this Act pass by-laws which shall apply exclusively and only to that portion of tho township so set apart as an incorporated village. m SHOPS, REGULATION OP. 156 ■ein, }ing to hure bcal (13) A by-law ])asa(>(l under this section for the closing of all or any r,(,cal oounoUi class or classes of sliops witliiu an unincorporated village may as to ""'V p"" by- any or all of its terms and provisions difler from any other by-law {"JJ^^.i^Jig'^^"" passed by the same local council for the closing of all or any class or iirovWoni for classes of shops in any other unincorporateil villajro within the same i''*^",';*"* township. loclities. (It) Notwithstaiidini; that the occupiers of any class of shops re- By-law in- quired to be closed by a bylaw passed, or purpoiting to be passed, \*"!? ** '%""' under or pursuant to the provisions of Hub-seclinn ;J of tiiis section go'od M*to " may not have presc^ntcd an application, as recjuired by said subsoction, other*, for the passinf,' of such by-law, every sucli by law shall, nevertheless, and to all intents and for all purposes, be held and deemed to be valid and effectual us respects any other, and the occupiers of any other class of shops thereiiy rccpiired to be closed in conformity witli any ap- plicUion in thiu bciiialf made or presented to the council by the requi- site number of occupiers of said last mentioned class of shops. (15) The onus of provinj,' that an application in compliance withBunUn of sub-section ."J of thi-' secti-n was not presented to a local council hypioof. the re(juisit(f iiumlnT of the occupiers of any class of shops reijuired to be closed by a bylaw passed or purportiiif^ to be passed under or pur- suant to the provisujns of said sulisection shall, in all cases and for all purposes, be upon the person asserting that such application was not so presented. 52 V. c. 44, s. 5. (16) Whore an offence for which the occupier of a shop is liable Agent or under any such by-law to atiy line, penalty or punisiiment, has in fact >'8''^'*n* *° '^ been committed by some aj{(mt or servant of such occupier, such agent pg^^n-^ or servanf shall be liable to the same tine, penalty or punishment as if he vero t > upii-r. y 17) Where the occupier of a shop is charged with an offence against Power of occu- any such by-l v, he shall be entitled, upon information duly laid by I'!"'' *" *"™P* him, to have y other person whom he charges to be the actual of-j,,inyjgjion ^f feiitl r, brought before the Court at the time appointed forbearing the actual ch;>.rge ; and if, after the commission of the offence has been proved, ""''""•''• tht said occupier proves to the .satisfaction of the Court that he has used due diligence to enforce the execution of the provisions of the by-law, and that the said ■ ler person conmiitted the offence in ques- tion without his knowledm', consent or connivance, or wilful neglect or default, the said occupier shall be exempt from any fine, penalty or punishment ; but the >aid other person shall thereupon be summarily convicted of such offence and shall be liable to the same fine, penalty or punishment therefor as if he were the occupier. (18 1 Subject to the pr>. visions in this section contained, any V)y-law By-laws to passed by a local council under the authority of this Act shall for all b« deemed purposes whatsoever be deemed and taken to have been passed under "^^j under and by authority of 7'/ie Munici/ml <\ct and as if this section had Kev. Stat formed part of the Municipal Act ; and this section shall be read andc- 223. construed as if it formed part of 'I he Municipai Act. 51 V. c. 33, 8. 2 (12-14). '}1.^^ t^'^: i i U!.l«iippi 166 LABOUR LAWS OF ONTARIO. IMMIGRATION OF CHILDREN. R. S. O., 1897, Cap. 262. Tnterpreta- tion. "OhUd." "Society." "Agent." 'Inapeotor." 'Examiner.' An Act to regulate the Iminigratiou into Oatario of Certain Classes of Cliililren. Intekviu-.tatiov, s 1. SnC£KTlK.S roil llltlNliINU ClIlLllKKN' INTO ON'J'AUIO. Societies to be authorized, as. 2 3 Records to be kept by societies, 8. 4. Certiticate of exanuii' r before cl>il- dreii sen*-, out, s 5. Duties as to cliildren bv ui,'ht into Ontario ss. (> 10. Investigation <>f coniphiints as lo treatment of children, s. 11. Return of children who become a public charge s. 12 Penalties Brin,';ing in children unlawfully, s. 13. Bringing in defective or criminal children, s 14. Notice OK t'liiLnuiiN C'iMMittkd to CAOi,, a. 15. iNVfSTIGATlON AS TO VIOLATIONS OF AoTS s. iii. Reviski) Statute c. 157 not affect- ed, s. 17. H ER MAJESTY, by find with the jidvice and consent of the Legislative Abseuibiy of the Province of Ontario, enacts as follows : — I. Where the words following occur in this Act, they shall be con- strued in the manner hereinafter mentioned unless a contrary iiiten- tion appears : 1. "Child" shall mean a person under 18 years of age. 2. " Society " shall mean any individual or as.sociation of individuals, w^hether incorporated or unincorporated, undertakins; tlu^ care, train- ing, reformation or education of orphan, neglected or dependent chil- dren, or the bringing of such children into tun Piovince, or th(^ f>iacing out of such children in foster homes, or the appn>nticing of such chil- dren to any trade or industry, or other work of a similar character, and shall include a branch or agency of any .•■ocicty. 3. " Agent " shall include the superintendent or other otticers of any society to whith this Act applies, and also any pt rson wl o ui der- takes for reward or othersviae to bring such children into the Province, or to place children in foster homes or as apprentices to any trade or calling or to procure them to be s-o placed. 4. " Inspector " shall mean the Superintendent of Neglected and Dependent Children or any officer specially appointed by the L'euten- ant-Governoi" in Council, to inspect the works, books and records of societies and agents. 6. " Examiner " shall mean the agent of the Province of Ontario in Great Britain or any officer appointed by the Lieutenant-Governor in Council to inspect and examine in Great Britain or Ireland, children who are to be brought into the Province of Ontario. And any officer Lvf -'>'^ TTT'nr^T^ tain le a IMMIOUATION OF CHILDREN. - 157 of the Government of tlie Dominion of Canada may, with the consent of the Government of Canada, be appointed l)y the Lieutenant Gover- nor in Council to perform the duties of an examiner under this Act. 60 V. c. 53, 8. 1. 'i. The Lieutenant-Governor in Council may authorize any society Authority of or agent to carry on the work of bringing into this Province, indigent. Lieutenant- neglected or dependent children, for the purpose of providing for such ^*?**r'<"' ^*.T children in this Province by placing them out in foster homes, or bind- dierflnto*' ing them as apprentices, or otherwise. 60 V. c. 53, s. 2. Ontario. ;{• Every such society or agent, after such authority has been given, Sosieties and shall, as to operations in Ontario, bo subject to the inspection and atjents to be supervision of the inspector, who shall, at least four times in every ?'^*'^®^-*° year, or of tener, if required to do so by the ]\[inister in charge, inspect '"*''* the work of every such society or agent, and shall report thereon to the Lieutenant Governor in Council. 60 V. c. 53, s. 3. 4. Every society or agent authorized to carry on work in Ontario, Record of as aforesaid, shall keep a record in writing showing : operations of society* (a) The full name of every child brought, or procured to be brought, into this Province by the society or a^ent , (6) The name and address of the parents or guardians, or other peri^ons from whcm the society or agent received such child ; (c) The date on which the child was brought into this Province ; (d) The age and date of birth of the child ; (e) The name and place of residence of every person from time to time having the custody of the child ; (f) The more important terms and conditions of the agreement en- tered into on placing out or binding as an apprentice any child ; (g) Such other particulars as the inspector may, with the approval of tlie Minister in charge, from time to time require to be kept on record ; and every examiner, before giving the certificate provided for in section 5, shall be furnished with such information as to the particulars here- inbefore set out, as the society or agent proposing to bring or send any child into the Province of Ontario, as aforesaid, shall be able to give. 60 V. c. 5.3, s. 4. 5. — (1) No child shall be brought, or caused, or procured to be Certificate of brought into the Province of Ontario by any society or agent, or by examiner to a ay person other than the parent, or a person standing in loco parentis before "child to such child, from any port in Great Britain or Ireland, unless before leaves Britain, the vessel upcm wiiich the child is to be a passenger sails, a certificate has been obtained from an examinei' stating that he has satisfied him- self by personal examination or inquiry, and by such sufficient evidence as may bo produced, that the child named in the certificate has not been convicted of any crime or misdemeanour or displayed criminal or vicious tendencies, and is in other respects a child who may lawfully be brought into this Province as aforesaid. (2) The said certificate may include any number of childiu.i forming members of the same party of immigrants, and in charge of the same person or persons. li wn '\>l J '■ I 'W'-m 158 LABOUR LAWS OF ONTARIO. (3) Regulations may be made with the approval of the Lieutenant- Governor in Council authorizing the examiner to accept as sufficient evidence in whole or in part for the purposes of this section informa- tion received from any emigration agent or other officer of the Govern- ment of Canada whose duty it may ix' to officially inspect the children before being allowed to be brought into Canada. 60 V. c. 53, a. 11. Duties of societies and aKeDtH as to children brought into Ontario. — (1) Every society or agent shall maintain careful over every child brought, or caused or procured to be brought, into the Province by such society or agent, until such child attains the age of 18 years ; and it shall be the duty of such society or agent to cause a personal visit by an agent specially appointed f< liild has been placed is unable or unwilling to retain the custoc'y or control of the cliild ; and the address of such shelter shall be specified in every agreement made with persons receiving children into foster homes or as appren- tices. 60 V. c. 53, s 6. Persons with 8. Every person receiving from any society or agent, any child whonichildren brought into the Province of Ontario as aforesaid, shall whenever re- mformation to*1"''*'d by the society or agent so to do, furnich t'l the miciety or agent, ■ociety. full particulars as to the health, conduct, progress and welfare of the chUd. 60 V. c. 53, s. 7. Homes or shelters to be provided. Return of child to home when employ- er is unwilling to retain child. Penalty for abandonment of child. 9, (1) In case any person who has received from a society or agent, a child brought into the Province of Ontario as aforesaid, is unable or unwilling to carry out the agreement entered into by him with the society or agent, he shall, at his own expense return, the child safely to the home or shelter provided by the society or agent, and any such person who aViaiidons a child so received, or refuses to maintain the child, and neglects or refuses to return him to the home or shelter provided by the society or agent as aforesaid, shall, on summary con- it- la- tn- ren i IMMIGHATION OF CHILDKEN. 159 viction thereof, before two or more Justices of the Peace, be liable to a fiiie of not more tluui $100, nor less than $10, or to imprisonment ProviBo. for any term not exceeding three months. Provided, however, that nothing in this section contained shall be deemed to relieve any per- son or to entitle any person to relief as a matter of right in respect of a child received by him from any society or agency or in respect of any contract or agreeii ent entered into in respect of such child, until he obtains the written consent of such society or agent in that behalf. (2) Wherever a child has been so returned after having been placed Society or out or apprenticed, the society or agent shall ascertain as far as possi- apeul; '« »*»*« ble the true cause of such return, and if it shall appear that such re- "^ ^'.^fj J®*^" turn was caused by any act of immotality or serious mit-conduct orHubsequent misdemeanor on the part of the child, the society or agent shall, ^ve- ^PP^"'^'"'*- fore the child is again placed out or apprenticed to any person, state to such person the true cau.se of such return as so ascertained, under penalty of forfeiture of the licencf h(;ld by such society or agent, and of the sum of not more than $100 to be recovered in any court of com- petent jurisdiction at the suit of the Crown or of the person aggrieved. *60 V, c. 03, .s. 8. 10. |1) Wiiere a child who has been received by any person as Society or aforesaid, of his own accord dei^erts the home or employment of any «f-'ent "to be person in whose home he has been placed, or to whom he has been ap- "hiMTeavM*" prenticed, or is wrongfully taken from the custody of such person, with master or or without the consent of the child, before attaining the age of issuardian. years, the person from whose custody the child has been tnken or has esctaped, shall innnedialely notify tiie society or agent from whom the child was received, and shall give all reasonable assistance in recover- ing and restoring to the guai'dianship of the society or agent the child, under penalty in case of default of not more liian $20 and not less than $5, be.'iides costs, to be reiovertd on sunmiary conviction before two or more Justices of the Peace. (2) It shall not be lawful for any person to entice a child away from a foster-home or situation, or to encourage or aid a child to leave the home in which such child luas been placed foi adoption or apprentice- ship. Any person so interfering with a cliild n ay be prosecuted by a society or ag< nt, and may on conviction thereof be lined any sum not exceeding $25 or imprisoned for any period not exceetling three months. 60 V. c. 53, s. 9. 1|. (1) In case any person resident in the Province gives notice to Society or a society or agent that a child brought into the Province by the soci- agent to ety or agent and placed out v.r apprenticed by the society or agent, J,"),^pia^„tg ^g is being ill-treated or overwoiked, or is not being properly educated, or toill-treat- is being otherv ise neglected, such socie'y or Bcent shall immediately """"*! child- cause the complaint to be investigated, and shall take all necessary oyt_ steps to protect the jhild from further ill-treatment or neglect. (2) Any person with whori a child has been placed out or appren- ticed, who ill-Lreats or over w''^' 53, 8. 1 5, part. 16. The Inspector may direct proceedings to be taken against any inspector t* person for violating the provisions of this Act, and he shall, for this investigate purpose, inquire into all the complaints made to him against any per- m'de'o?'*iola- son, society or agent, and report thereon to the Minister in charge of tions of the the Department to which he is attached ; and the Inspector may, in his Act. report, recommend that the authority conferred by the Lieutenant- Governor-in-Council under section 2 of this Act, shall be revoked, and the Lieutenant-Governor may thereupon by order revoke such author- ity. GU V. c. 53, s. 16. IT- Nothing in this Act shall aflfect the provisions of The Act 7?e- Pro^iaionsof upedimj Master and Servant with regard to agreements made with per- iry^'oH to*cer- sons resident out of Canada for tlie performance of labour or service tain contract or having reference to the performance of labour or service by such »"* affected, persons in the Province of Ontario. 60 V. c. 53, s. 17. EGRESS FROM PUBLIC BUILDINGS. R. S. O. 1897, C.\p. 203. An Act to regulate the mean.s of Egress from Publir Buildings. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as fol- lows ; — I. In all churches, theatres, halls or other buildings heretofore or Doors of hereafter constructed or used for iiokling public meetings, or for churches, etc. places of public re!3ort or amusement, all the doors shall be so hinged ^g ^^ ^p^^Q^^j.. that they may open freely outwards, and all the gates of outer fences, wards, if not so hinged, shall be kept open by proper fastenings during the time such buildings are publicly used, to facilitate the egress of people, n case of alarm from fire or otiier cause. R. 8. O, 1887, c. 'ilO, s. 1. II Ff iiii' (3) The provisions of sections 5 and 13 and of this section shall not apply in the case of any person not acting as an agent or on behalf of any society or ivgent, and who is specially entrusted with the custody of the child hy i he parent or persons standing in loco parentis to such child for the p iipose of bringing the said child into the Province, and delivering him to the custody of some person in the Province ; provid- ed that the person to whom the child is to be delivered is in the opin- ion of the Superintendent of Neglected and Dependent Children a fit and proper person to be entrusted with the custody of the child. 60 V. c. 53, 8. 12. ■ iiii. fr "^^mmwiV!^. ^mt *^^IPii"PP>il 162 LABOUR LAWS OF ONTARIO, 'i. Congregations possessing corporate powers, and all trustees holding churches or buildings used for churches under The Act respecting the property of Jieligioiis Inatitutiona, and incumbents and church- wardens holding churches, or buildings used for churches under the Act of the Parliament of the late Province of Upper Canada, passed in the 3rd year of the reign of Her Majesty, Queen Victoria, chapter 74, intituled An Act to make provision, for the management of the Tem- poralities of the United Church of England and Ireland in this Pro- vince, and for other purposes tfierein mentioned, and all other persons holding churches or buildings used for churches, under any other Act, shall be severally liable, as trustees for such societies or congregations, to the provisions of this Act. R. S. O. 1887, c. 210, s. 2. «t Any persons owning or possessing public halls, churches or other buildings used for public meetings, who violate the provisions of this Act, shall be liable to a fine not exceeding 050, recoverable on infor- mation before any two of Her Majesty's Justices of the Peace, or before the Mayor or Police Magistrate of any city or town ; one moiety of such fine shall be paiu to the party laying the information, and the other moiety to the municipality within which the case arises ; and persons so complained against shall be liable to a further fine of $5 for every week succeeding that in which the complaint is laid, if the necessary changes are not made. R. S. O. 1887, c. 210, s. 3. 4. In cities, towns and incorporated villages, it shall be the duty of the high bailiff, chief constable, or chief of police, to enforce the pro- visions of this Act, and such officers neglecting the performance of ] such duties shall be liable to a fine not exceeding $50, recoverable in the manner and before the Justices of the Peace, and payable to the parties mentioned in the preceding section. R. S. O. 1887, c. 210, s. 4. Officer to en- 5. County and township municipalities may, by by-law appoint an force thU Act Q^j^er to enforce the provisions of this Act. R. S. 0. 1887, c. 210, s. 5. Not to apply 4>. This Act shall not be construed to apply to convents or private to convents, chapels connected therewith. R. S. 0. 1887, c. 210, s. 6. See Cap. 223, sec. SJfl (2). Congregations incorporated and trustees holding for congregations under Kev. SUt. c. 307, and rectors, etc, , holding under 3 V. c, 74, liable for neglecting the provisions of this Act. Individuals, companie* and corpora- tions liable to fine for neg- lecting the provisions of this Act. Duties of municipal officers. SI Ol C( t< n o ai j( o n D h g V 1 » ( rr^.' IIOBSK-POWEU THRESHINa MACHINES, ETC. 168 HORSE-POWER THRESHING MACHINES, ETC. R. S. O., 1897, Cap. 265. An Act to require the owners of Threshing and other Machines to guard against Accidents. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows • — I. All persons owning or running any threshing machine, wood- Certain ma- sawing or other machine, which is connected to a horse-power by means chineg to be so of a tumbling rod or line of shafting, shall cause each of the knuckles, P'o'eoted m to couplings or joints and jacks of such tumbling rod or line of shafting to^peraon"^"^ to be safely boxed or secured while running, with wood, leather ornearthem. metal covering, in such manner as to prevent injury to persons passing over or near such tumbling rod, and the knuckles, couplings or joints and jacks thereof ; and shall cause all oiling cups attached to arbors or journals to which driving belts are attached, to be furnished with tubes of tin or other material, which shall extend above the belts in such manner as shall prevent damage from oiling when the machine is in motion ; and shall further cause a driver's platform to be placed on any horsepower used for driving machinery, of such size as to cover the gearing constituting said horse-power, and in such manner as to pre- vent accident arising to any person from contact with said gearing. R. S. O. 1887, c. 211,s. 1. *i Any person owning or running any threshing, wood-sawing or Penalty for other machine, connected to a horse power by means of a tumbling rod noncompli- or line of shafting, who neglects or refuses to comply with the pro- """^.^'^ . visions of this Act, shall on summary conviction, on information or this Act. complaint before one or more Justices of the Peace, be liable to a fine of not less than $1 nor more than $20, over and above the costs of prosecution, and in deiault of payment of such fine and costs, the offender shall be imprisoned in the nearest common gaol for a period of not less than two or more than twenty days, at the discretion of such Justice or Justices of the Peace. R. S. O. 1887, c. 211, s. 2. li. No action shall be maintained, nor shall any legal liability exist, No action for for services rendered by or with any machine, such as is mentioned in j*'^!?*? '*°" section 1 of this Act, when it is made to appear that the said section vUions of this has not been complied with. R. S. O. 1887, c. 211, s. 3. Act are not comiiUed with. 4. AH fines imposed and collected under this Act shall be paid, one- DiBposition of half to the complainant or prosecutor, and the other half to the fines, treasurer of the school section in which the offence was committed, for the use of the public school in such section, li. S. O. 1887, c. 211, s. 4. mvpnpp mmmm 164 LABOUR LAWS OF ONTARIO. Proceedings 5- All proceedings against any person for any violation of section 1 rnena^ within °^ *^'^ ■^'^^ ^^"'^^ ^ commenced within thirty days after the commis- thirtydkyi. sion of the offence. B. S. 0. 1887, c, 211, s. 5. Convlotions ^, No conviction under this Act shall be quashed for any defect in form. ^^ *° ^^^ iorm thereof, or for any omission or informality in any summons or other proceeding under this' Act, so long as no substantial injustice results the-efrom. R. S. O. 1887, c. 211, s. 6. RAILWAY ACCIDENTS. R. S. 0., 1897, C\p. 2G An Act to make provision for the safety of Railway Employees and the Public. Short title, s. 1. Application of Act, s. 2. Interpretation, ss. 2, 3. Bridges, s. 4. Special provisions against acci- dent, s. 5. Liability op company for default^ 88. 6, 7. Limit of compensation, .s. 8. Limitation of actions, s, 9. H ER MAJESTY, by and with the advice and consent of tiie Legislative Assembly of the Province of Ontario, enacts as follows ; — Short title !• This Act may be cited as " The Railway Accidents Act." R. S. O. 1887, c. 212, s. 1. Application of *^' ^^^^ ^^^ ^''*'' ■'^PP'y *o every railway and railway company in ■ ■ respect of which the Legislature of Ontario has authority to enact such provisions respectively ; and in this Act the expression " Railway Company " shall include the owner or lessee of any such railway, and the contractor or person working or operating the same. R. S. O. 1887, c. 212, s. 2, Act. Interpreta- tion. "Packing." meaning of. !(■ In this Act the word " packing " shall mean a packing of wood or metal, or some other equally substantial and solid material, of not less than two inches in thickness, and the same where by this Act required to be filled in, shall extend to within one and a-half inches of the crown of the rails in use on any such railway, shall be neatly fitted so as to come against the web of such rails, and shall be well and solidly fastened to the ties on which such rails are laid. R. S. O. 1887, c. 212, s. 3. RAILWAY ACCIDENTS. 165 sionB against accident. 4- Wherever a highway bridge or any other erection or structure is Where new constructed over a railway, or wherever it becomes necessary to re-con- 1*".'!?*' "^ -i. i. _u'i- u-i 1 ,• . . 1.1 built or old Struct any highway bridge, or other erection or structure built over a ones re-built, railway, or to make large repairs to the same, the lower beams or mem- "P«ce «* 7 feet bers of the superstructure of such highway or overhead bridge, or of J^g*„'®/^p^' any other erection or structure over any railway, and the approaches bridges and thereto, shall be constructed or re-constructed by and at the cost of*''^.*°P»** the railway company or of the municipality or other owner of the bridge, '*'*"* *""' «rection or structure, as the case may be, and shall at all times be main- tained at a suilicient height from the surface of the rails of the railway to admit of an open and clear headway of not less than seven feet between the top of the highest freight cars then running on the rail- way and the lower lieams or members of such bridge or other erection ; and thereafter, any railway company, before using higher freight cars than those running on their railway at the time of the construction or reconstruction of, or large repair to, such bridge or other erection or structure, shall, after having first obtained the consent of the munici- pality, or of the owners of such highway bridge, or other erection or structure, raise the said bridge or other erection or structure, and the approaches thereto, if necessary, at the cost and charges of the railway company, so as to admit, as aforesaid, an open and clear headway of not less than seven feet over the top of the highest freight car then about to be used on the railway. R. S. O. 1887, c. 212, s. 4. a. To make further provision against accidents, it is hereby further Special proTi- enacted that : " 1. On every railway aforesaid, and at all times, the space between the rails in each railway frog extending from the point thereof back- ward to where the heads of such rails are not less than five incheg apart, shall be filled in with packing ; 2. On every such railway, and at all times during every month of April, May, June, July, August, September, October and November, the space between any wing-rail and railway frog, and between any guard-rail and any other rail fixetl and used alongside tliereof as afore- said, and between all wing-rails where no other rail intervenes, shall (save only where the space between the heads o^ such wing-rail and railway frog as aforesaid, nr between the heads of any such guard- rail and other rail fixed and used alongside thereof as aforesaid, or between the heads of any such wing-rails where no other rail inter- venes as aforesaid, is either less than one and three-quarters of an inch or more than five inches in width,) be filled in with packing ; 3. The running-board on the roof of each box car used for freight- ing purposes on such railway shall, at all times, be of a sufficient thickness and strength, and not less than thirty inches in width, and shall, with proper and safe supports, extend the whole length of the car and beyond each end thereof to a point not more than two inches less than that to which the dead-wood or bumpers at each end of such car likewise extend ; And every railway company owning, working or operating within this Province such railway shall on and throughout the railway so make, arrange and construct and rearrange, reconstruct and maintain all railway frogs, wing-rails, guard-rails and other rails forming part of the railway or used therewith, and every such space as aforesaid, and I 'i'.} illi iPfHP wm ^m 160 LABOUR LAWS OF ONTARIO. the filling in thereof with packing as aforesaid, and the running-board on every such box car as aforesaid, in such manner and at such time that the same shall respectively conform to and comply with the re- quirements of this section in that beiialf. R.S.O. 1887, c. 212, s. 5 ; 60 V. c. 14, s. 93 (3.) Railway com- p«ny neglect- ing provUionR of the preced- ing aeotiona to be liable for linjury ooca- ■iuned by auoh neglect. 4i. Where, within this Province, personal injury is caused to a rail- way servant, whilst in the employment or service of a railway company, on any railway owned, worked or operated by the railway company, or to any other person lawfully in, upon or about the rail- way, or any train or car thereon, and the personal injury has been occasioned or arose either wholly or partly : 1. By reason of the lower beams or members of the superstructure of any highway, or other overhead bridge, or any other erection or structure over the railway, not baing at all times of a sufficient height from the surface of the rails to admit of an open and clear headway of at least seven feet between the top of the highest freight cars run- ning on such railway, and the bottom of such lower beams or mem- bers ; or, 2. By reason of the space between the rails in any railway frog^ extending from the point of the frog backward to where the heads of the rails are not less than five inches apart, not being, at all times, filled in with packing ; or, 3. By reason of the space between any wing-rail and any railway frog, and between any guard-rail and any other rail fixed and used alongside thereof ojs aforesaid, and between all wing-rails where no other rail intervenes (save only where the space between the heads of such wing-rail and railway frog as aforesaid, or between the heads of such guard-rail and other rail fixed and used alongside thereof as aforesaid, or between the heads of such wing-rails where no other rail intervenes as aforesaid, is either less than one and three-quarters of an inch or more than five inches in width), not being at all times during every month of April, May, June, July, August September, Octolier and November, filled in with packing ; or, 4. By reason of the running-board on the roof of any box car usfd for freighting purposes on any such railway, not being of a sufficient thickness and strength, and at least thirty inches in width, and with proper and safe supports, extending the whole length of the car and beyond each end thereof to a point not more than two inches less than that to which the dead-wood or bumpers at each end of such car are then likewise extending — such railway servant or other person, or, in case the injury results in death, the legal personal representatives of such servant or other person, and any persons entitled in case of death, shall be entitled to recover from the railway company compensation for all damages and loss sustained from or by reason of such injury ; and where such injury has been so caused to or suffered by such railway servant, the right of compensation and the remedies against the railway company shall be the same as if the railway servant had not been a servant of, nor in the employment of the railway company, nor engaged in its. work. R. S. O. 1887, c. 212, s. 6. RAILWAY ACCIDENTS. Uf l. A railway servant, his legal personal representatives and any When railway person, entitled in case of his death, shall not be entitled under this "^'f^'^'^''''' ''" Act to any right of compensation or remedy against the railway com- pany of which he is the servant, in any of the following cases, that is to say : 1. Unless the default, matter, or thing wholly or partly occasioning the personal injury as mentioned in section 6 of this Act, arose from or had not been discovered or remedied, owing to the negligence of such railway company, or of some person in the service of and entrusted by the railway company with the duty of seeing that such default, matter or thing did rot happen, occur or exist ; ■J. In any case where ♦-he railway servant knew of the matter, default or negligence which caused the injury, and failed within a reasonable time to give, or cause to be given, information thereof to the railway company or some person superior to himself in the service of the railway company, unless he was aware tiiat the railway company or such superior already knew of the said matter, default or negligence ; 3. In any case where the matter, default or negligence was occasioned by his own act, onn'ssion or negligence ; but a railway servant shall not by reason only of his continuing in the employment of the railway company with knowledge of the matter, default or negligence which caused the injury, be deemed to have voluntarily incurred the risk of the injury. ll.S.O. 1887, c 212, a. 7; 00 V. c. 14, s. 9.3(1); c. 45. s. 82. H. The amount of compensation recoverable under this Act, in the Limit of corn- case of injury to any railway servant as aforesaid, shall not exceed P^P**'"° '*" such sum as may be found equivalent to the estimated earnings, during the three years preceding the injury, of a person in the same grade, employed during those years in the like employment, and within this Province, or the sum of five hundred dollars whichever is the larger ; and such compensation shall not be subject to any deduc- tion or abatement by reason, or on account, or in respect of any matter or thing whatsoever save such as is specially provided for in section 12 of The Workmen's Compenmtion for Injuries Act. R. S. 0. Rev. Stat. 1887, c. 212, s. 8; 60 V. c. 14, s. 9;{ (2). 160. JK An action for the recovery under this Act of compensation for an Limitntion injury shall not be maintainable unless the action is commenced action^, within six months from the occurrence of the accident causing the injury, or, in case of death, within twelve months from the tim of death. R. S.O. 1887, c. 212, 8. 9. mm 168 LABOUR LAWS OV ONTARIO. TECHNICAL SCHOOLS. R. S. O., 1897, Cap. 301. An Act respecting Technical HchooU. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as fol- lows : — KiUblishment |. The trustees of any High School or any Board of Education flohools byhlKh ^""V '^^ resolution passed at a special meeting callttd for the purpose •chool boards, (of which at least one month's notice shall be given in writing to each member thereof), establish a technical school or may change any High Si'huol already established into a Technical School, providing that Rev. Stat. ^"ch resolution shall not take effect until ratified by a by-law of each c. 298. municipality composing the High School district and also by the county council (if any) retjuired by T/ie High HcJiooh Act, to contribute the etiuivalent of the Legislative grant towards the maintenance of such High School. GO V. c. 58, s. 1. Teehnical instruction provided bv nigh sohuol boards. % Subject to the preceding section it shall be lawful for the trustees of any High School or Board of Education to provide instruction in the arts and sciences usually taught in Technical Schools, but par- ticularly such arts and sciences as relate to the industries of the Pro- vince, the marketable value of the raw material used in manufactures ; the chemistry of foods, dyes, and minerals. Instruction shall also be given in agriculture and domestic science, and in architecture, mechan- ical drawing and decorative design, and such other related subjects' as may be found necessary to render the labours of the farmer, the mechanic and the artisan more productive. The buildings to be used for Technical School purposes shall be separate and distinct from the buildings used for High School purposes. Any pupil not entitled to be admitted to a High School shall not be entitled to admission to any Technical School established as herein provided. 60 V. c. 58, s, 2. Rev. Stat. 3. The provisions of The High Schools Act shall apply to Technical c. 293. Schools, subject to any regulations of the Education Department with technuiai ° respect to the fees to be paid by pupils, the course of study, the quali- ■choolssubjectfications of teachers, the use of text books, and the equipment of the to regulations school. The conditions upon which money voted by the Legislature for High Schools shall apply to all appropriations made to Technical Schools. 60 V. c. 58, s. 3. TECHNICAL SCHOOLS FOR ADULTS. EttabliBhment 4. It shall be lawful for the municipal corporation of any city or oi^l^^ical town by by-law to appropriate such sums of money as may be deemed adults in cities expedient for the establishment of a Technical School for adults and towns. within the meaning of this Act. All the powers vested in the cor- TECHNICAL SCHOOLS, 169 fmration by The Municljinl Act, for the purcliait! or expropriation of ands or for leasing or repairinR buildings or for the erection of new J**^);,^'''" buildings for the use of the .nunicipality, shall bo applicable to this Act. 60 V. 0. 68, 8. 4. ,V Towards the maintenance of such schools, there shall be paid (Want to »dult annually, on the report of the Minister of Education, out of any **F''J'i'*' moneys appropriated by the Legislature for that purpose, a sum not*" ""*' exceeding the amount payable for the maintenance of High Hchool pupils under the regulations of the Education Department. CO V. c. 58, s. 5. 4{. The general management and control of the school for adults U(iar>l of shall be vested in and exercised by a board of management to be '°*"*8*"'*"** appointed as provided in section 9 of 7'he Public Libraries Ad. In cities and towns in which a Public Library has been established under Kev. Stat. Part I, the said Act, Technical Schools for adults shall be under the "• ^^* management and control of the board of such library. Provided always that any Technical School already established under by-law of a municipality may be carried on under such by-law during the pleasure of the municipal council, subject to the regulations of the Education Department. 60 V. c, 58, s. 6. 'J'. The board or the trustees (as the case may be) appointed under Power* of any by-law as in the preceding section provided shall have the power board. to appoint such teachers, officnrs and servants as may be necessary for the purposes of the school, to fix their salaries and to assign them their several duties. For the payment of the salaries of the teachers, officers and servants, and for all other purposes of maintenance, the u^penieg municipality shall have power to appropriate out of the general income of the municipality from any source whatever, such sums of money as the municipality may by by-law determine. The expenditure of the board of management shall be subject to the same audit as the expenditure of the municipality. 60 V. c. 58, s. 7. 8. The qualifications of the teachers employed in technical schools Regulations of for adults, and all matters relating to the course of study and the E.luoatlon equipment of the school, shall be subject to the regulations of the Department. Education Department. 60 V. c. 58, s. 8. , 111 •^""J* mnmmm^mm mrrmmm F^"^«P ■^^ 170 LABOUU LAWS OF ONTARIO. EMPLOYMENT OF PRISONERS. R. S. O., 1897, Cap. 310. An Act to provide for employing Prisoners without the walls of Common Gaols. H ER MAJESTY by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as fol- lows : — Lieutv^: ' INDEX. Ill CHILDREN, PAGE not to be employed in mines 1 bindii)(( an anprentices, see Afprbntioee and Minors 77 repn' ' , l>y police commisaioners when engaged in certain tradsti,., 108 oiii|i .iuut of in factories 123 employment of in shops 143 regulation of immigration into Ontario, see Immigration of Children . . 150 CHURCHES, municipal by-la wk i "speotins{ means of egress from 108 municipal by-la • , reventing obstruction of aisles, etc 109 statutory regulat -on ua to means of egress from ICl COMPANIES, liability for wages payable by contractor 43 liability of directors for wages 92, 93 COMPENSATION FOR INJURIES, see Work i Compensation for Injuries 67 RaI «'a v /' IDENTS 164 CONDUCTORS, powers of railway companies to make rrgulations for 101 powers of electric railway companies to make regulations for 101 CONSUMPTION, persons affected with, not to be employed in bakeshops 151 CONTAGIOUS DISEASES, persons subject to, not to be employed in bakeshops ] 51 CONTRACTS, waiving remedies void as to mechanics' liens 11 void as to woodmen's liens 31 void as to recovery of wages by servant 51 when good as a defence to action for injury to person 71 of service not to be binding for more than nine years 46 agreements for profit sharing 46 when writing not necessary 46 determination of disi)ute8 47 by immigrants 106 void when made on Sunday 118 CONTRACTORS, proceedin;;s against on claim for wage-earners' lien, see Mechanics' and WAfiE-EARNEHs' LlENS 11 when liable for woodmen's liens, see Woodmen's Liens 30 recovery of wages for labour on public works 42 CONVENIENCES, to be provided for employees in factories 127 for employees in shops 146 for employees in bakeshops, 151 CONVENTS, regulations as to egress from public buildings not to api)ly to 162 CO-OPERATIVE ASSOCIATIONS, incorporation 94 use of the word " limited '' 95 rules 95 capital 96 limitation of individual siiaros 96 payment and transfer m" shares 90 liability of shareholders 96 election of trustees 96 security by officers 96 publicity of name. 96 cash business only to be transacted 97 powur to purchase lands and give mortgage for purchase money .... 97 misapplication of funds 97 disputes, settlement of 97 annual report to provincial secretary 97 winding up 98 ■ipp mmr^ mm iv INDEX. COUNCILS or CONCILIATION, paob see Tkade LfXSPDiES 62 CRANES. municipal by-laws respecting; construction of 109 CRIMINALS, penalty for bringing children of, into Ontario 160 D DAMAGES, recovery of for injuries to workmen, see Workmen's Compensatioit for Injqkies 67 for injury to railway employees, see Railway Accidents 164 DESPATCH MESSENGERS, regulation by police commissioners of children employed as 108 DIRECTORS, liability for wages 92, 93 DOORS. municipal by-laws as to means of egress from buildings 108 to he hung so as to open outwards in certain buildings 161 DRESSING ROOMS, for persons employed in mines 6 E EARLY CLOSING BY-LAWS, powers of municipalities as to 162 EATING ROOMS, to be provided for employees in shops 146 EDUCATION, municipal by-laws establishing schools for artisans HI provisions for establishment of technical schools 168 EGRESS FROM PUBLIC BUILDINGS, municipal by-laws for regulating means of 109 dours of churches, theatres, halls, etc., to open outwards 161 liability of trustees, churchwardens, etc 162 penalty 162 duties of police officer as to enforcement of Act 162 convents an i private c'-apels exemptedfrom Act 162 ELECTRIC RAILWAYS, powers of companies to make by-laws as to regulations for conductors, engineers, motormcn, etc 101 by-laws respecting shelters for motorinen Ill ELECTIONS T Wag b-Earners' Liens 11 for labour on logs and timber, see Woodmen's Liens 30 for work on street railways 102 LIMITED LIABILITY, of shareholders in cooperative associations 94, 96 LIVERY STABLES. police commissionHrs to license and regulate 107 regutltion of hours of labour in 108 LOAN CORPORATIONS, CO operative associations not to carry on business as 94 LOCK-OUTS, settlement of by arbitration, see Trade Disputes 52 LODGING-HOUSE KEEPERS, lion on property of guest for board 82 LOGS, lien for labour on, see Woodmen's Liens 30 LORD'S DAY, ordinary calling not to be pursued on 117 meetings, etc , tippling, etc., prohibited 117 noisy games, gambling 117 hunting, fishing, bathing in public waters, etc 117 excursions by rail or steamboat 117 street railways 118 sales and agreements, etc 118 penalties and recovery of 118, 120 work not to bo done in bakeshaps on 161 LUMBERMEN, liens for wages, see Woodmen's Liens 30 M MACHINERY, regulation as to use of in mines 1 in factories, see Factories 121 compensation for accidents to workmen, see Worksien's Compensation KOR Injuries 67 owners and operators of certain horse power machines, duties of 163 MAILS, may bo carried on Sunday 117 MANUFACTURES, sec Factories 121 MASTER AND SERVANT, slavery, prohibition of 46 voluntary contracts of service limited to nine years 46 agreement for profit sharing, effect of 46 verbal or written agreements binding . 46 wearing apparel not to be taken in pledge for board for more than $6. . . . 47 INDEX. IX MASTER AND SERXAT^iT— Continued. . haob disputes lit termination of agreement, how decided 47 non-rusidonts, agreomunts tor employment of when void 47 summary proceedin^H before justices of tho peace 47 complaints where to be laid 47 for non payment of wages, duties of magistrate 47 limitation of time for 48 proceedings before city police magistrates . . 48 jurp8dicti(jn ind powers 48 enforcing order for payment 40 appeals 4S) service of sumnums 40 appeals from orders of justices 50 notice of 60 bund find entry of appeal 60 jury, right of either party to 60 time and place for hearing 51 dismissal, procedure on 61 agreements waiving application of Act, void 51 sections no', applicable where wages exceed 83 per day 51 apprenticeship, see Aitubntices and Minors 77 MAYORS, to give notice when strike or lock-out threatened 59 duties and powers with rei,'ard to public meetings t 112 MECHANICS' AND WAOE-EARNEllS' LIENS, agreements to waive application of Act void 11 not to att'-'ct lien of third party 12 lien, nature and extent of 11 work and materials furnished on lands of married women 12 property on which to attach 12 loaselu'lds 12 mortg.aged lands 12 limit of amount 12 insurance moneys, application of 12 percentage on contract price to be retained by owner 13 payment by owner directly to persons entitle to lien 13 priority of liens over judgments, etc 13 agreements for purchase of land 14 lienholders to rank pari passu 14 for wages 14 devices to defeat wage earners' liens to be void 14 payments made to defeat liens to be void 14 nuiterials on land for buildings, restrahiing removal of 14 not to be subject to execution 15 claim of lien, form and contents of 15 description of lands in 16 railway lands 16 what may be included 15 registration of , 15, 10 limitation of time for registration 16 informalities not to invalidate 15 when to expire 10, 17 passing on death or by assignment 17 discharging and vacating liens 17 certain ac^ not to prejudice liens 18 owner to give information to lienholders as to terms of contract 18 ordf r for inspection of contract . ■ • ■ 18 realizing on liens, statement of claims and parties thereto 18 who may try to dispose of action 19 appointment for trial 19 notice of trial and service 20 sale of estate, directions, report on 19, 20 other lienholders may be let in 19 consolidation of actions 20 carriage of proceedings, transfer of 20 : fllJIHIjpill^jpU II , .Ipyi'MH INDEX. MECHANICS' AND WAGE-EARNERS' LIE^S— Continued. paob judgment of court of first instance, when final 20 appealH 21 form of judgment 22' foes and costs 21, 22 pnyniont out of court 21 personal judgment when claim for lien fails 22 liens prior to 7th April, 1806 22 liens on chattels, sale to realize 22 railways, application of Act to 23 form, schedule of 23 MEETINGS, calling public meetings and procedure thereat 112 for discussion of political matters prohibited on Sunday 117 municipal by-laws as to means of egress from 109 statutory regulations ita to doors, aisles, etc 161 MINING, application of regulations , 1 young boys, girla and women not to be employed 1 hours of employment of boys below ground ' register of lads employed 2 age and sex. of persons employed in connection with windlass, etc 2 penalty for contravening provisions as to employment 2 omployment in good faith on misrepresentation as to age 3 wages not to be paid in public houses, etc 3 annual statistical returns as to persons employed, etc 3 accidents, prevention of 4 fencing of abandoned and unworked shafts 4 ventilation 4 explosives, use of 4 manholes and refuges 5 fencing of dangerous places 5 securing walls of shafts, etc 5 pumping machinery 6 divided shafts. 5 signal ing appliances 5 overhead covers to lifts, etc 6 chains slipping of rope on drum 6 brakes 6 inclination of ladders (> machinery to be fenced G steam gauges U safety valves , 6 wilful damage to appli:inces, penalty 6- dressing rooms for employees above ground 6 notice of changes in connection with working of mines 7 notice of accidents 7 to be sent to Bureau of Mines 7 investigation and special report 7 offc .cesand penalties 8 removing ])ickets 8 defacing notices 8 obstructing inspector 8 responsibility of contractor for prevention -i accidents..* 8 what constitutes an offence 8 who may be deemed guilty 8 penalty for contravening provisions for prevention of accidents 8 prosecution of owner or agent of mine 9 procedure on prosecution 9 limitation of prosecutions 9 prosecution under other Acts 9 application of fines, etc 9 not to be carried on by co-operative associations 94 # r uf I Pfip.iiiipi INDEX. Xi I; MINING COMPANIES, paob liability of directors for waires 93 MINORS, see AlTKENTICES AND MINORS 77 MOTOR MEN, powers of Electric Rftilwny Companies to inako regulntionn for 101 municipal by-laws as to shelters for Ill MUNICIPAL MATTERS, by-laws for holding nominations at 7.30 p ni 107 police comniissionorN— regulation of livery stables, junk shops, etc , by. . 107 regulation of hours of labour in livery stables, etc 108 children engaged in certain trades 108 bands of music 108 by-laws respecting buildings 103 hoists, scati'iilding, etc 108 means of egress from public buildings 109 »izo and strength of walls— production of plans 109 cranes, hoists and elevators 109 cab stands and shelters for drivers 110 street railways, — construction and operation of by municipalities 110 electric railways. — shelters for motormen Ill schools for artisans, art schools Ill early closing of shops 152 technical schools 108 N NEWSPAPER VENDORS, regulation by police commissioners of children employed as 108 NON-RESIDENTS, contracts for service in Ontario, when void 47 NOMINATIONS, at municipal elections, may be hold in the evening 107 o OMNIBUSES, police commissioners to license and regulate owners of 107 P PACKING, on railways so as to prevent accidents to employees, liability of com- pany 69, 165 PARENTS, power to bind children as apprentices 78 liability f )r illegal employment of children in factories 136 PAWNBROKERS, interpretation 84 license, issue and fee 84, 85 penalty for not obtaining 84 sign to be exhiliited 85 rates to bo exhibited by 85 entries to be made by 85, 86 memorandum to pawner 86 fees therefor 86 hoi .'er entitled to goods 88 loss of, proceedings in ca;e of 88 pawning goods of others 87 journeymen, penalty for receiving goods in pawn from 87 owners of goods illegally pawned, proceedings by 87 refusal to allow redemption within a year 88 sale of unredeemed goods 89 disposal of surplus 89 restrictions on 80 loss of or damage to goods, proceedings in case of 90 limitation of prosecutions 91 appeals 91 IMAGE EVALUATION TEST TARGET (MT-3) &< ^/ 7. 1.0 I 1.1 ■-1^ 12.5 1^ 12.2 I If lis llilio *- w WUL. IL25 i 1.4 1.6 ^^"!»* ^ Hiotographic ^Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 '■ p \\ T^ jj^ ...j-.-re,^, I'lw ,j'.-^f!V|);«jp«,..,':,, ;. »;»'I"/'.I[IV.' ^.f'^V.'V/'J'f^j'"' ,:.'!■'«. "^' W'^/STre;""'' " •^B "'■"'«!<,■■ XII INDEX. POLICE COMMISSIONERS, paov to regulate and license livery stables, etc., and children engaged in cer- tain trades 107, 108 POLICE MAGISTRATE, recovery of wages by summary proceedings before 47 POLLING, by laws for extensioh of time to 7 p.m. a*; municipal elections 107 PRISONERS, provisions for employment of outside t* ^ wJls of gaols 170 PROFIT SHARING, agreements for, effect of 46- PUBLIC BUILDINGS municipal by-laws as to doors, huilwayt, iLC... ■ ,. 109 regulation of means of errflR ^ ."roi) . ,..,., , . , 161 PUBLIC LIBRARY BOARnK, management of technical -chv;uls by . 169 PUBLIC MBETINGS, what meetings within protection of Act 112 meetings called by sheriff or two magistrates 112 declaration by two magistrates that meeting within Act 113 mode of bringiu'j meetings withm protection of Act 113 meetings called by private persons 113 calling meetings on requisition 113 notices to be given by justices of pr-r.ce, sherifia or mayor 113, 114 reading requisition and making proclamation 114 diaorderly persons, removal and coaviction of on view 114 preservation of peace by constables, etc 115 special constables 115 limitation of actions 115 forms 115 Prohibited on Sunday 117 SCHOOLS, right of children brought into province by societies to attend 160- PUBLIC WORKS, securing payment of wages for labour on 42 QUARRIES, see Mining. RACING. prohibited on Sunday 117 RAILWAY. mechanics' a- d wage-earners' liens to apply to 11, 23- securing payment of wages out of bonuses, etc 42 service of summons on companies for non-paymert of wages 49 injury to workmen, right of compt-nsation 69 powers of companies to make by-laws as to regulations for conductors, engine-drivers, firemen, oto 101 excursions by prohibited on Sunday 117 RAILWAY ACCIDENTS, application of Act 164 interpretation "railway company," " pncking " . . 104 space between bridges and tops of freight cars 165- precautions to be taken against accidents from frogs, packing, etc 165 running board on roof of box cars, regulations respecting 165 liability of company for neglect in case of injury to seivant 166 vhen railway not to be held liable 167 limit of amount of compensation to railway servants 167 limitation of actions for compensation 167 REGISTRATION, of claims for liens by mechanics or wage-earners 11^ I -TT -■..JV, »J ^IWI INDEX. XIU i RUNNING BOARDS, paob provisions aa to oonstruction of on roofs of box cars 165 s SALES, void when made on Sunday 118 SCHOOLS, by-laws for establishing schools for artisans Ill right of children brought into Province by societies to attend 160 establishment of technical schools 168 SCROFULA, persons affected with not to be employed in bakeshops 161 SEATS, to be provided for female employees in shops 146 SECOND-HAND STORES, police commissioners to license and regulate 107 SEPARATE SCHOOLS, rights of children brought into Province by societies to attend 160 SET-OFF, by master against claim for wages 49 SHELTERS, by-laws respecting erection of, at cab stands, etc 1 10 by-laws for compelling electiic railways to provide for motormen Ill SHERIFF, duties and powers with regard to public meetings 112 to notify superintendent of name and age of children committed to gaol.. 161 SHOOTING, prohibited on Sunday 117 SHOPS AND PLACES OTHER THAN FACTORIES, Act not to affect powers and duties of health officers , 144 regulations of employment and hours of labour 144 not to apply to factories 144 interpretation 144 part of shop : 145 employment of children under ten prohibited 146 hours of labour for children, young girls and women 146 exception as to certain days in Christmas season 146 previous employment in factories on same day of children, young girls and women 146 penalties 146 registry to be kept for children, young girls and women employed... 146 seats for female employees 146 eating room for employees 146 sanitary condition of shops 146 employer to obey inspector 146 fire escapes 146 inspector, powers of 147 employer to furnish assistimce 147 certificate of appointment, production of 147 obstructing or hindering > 147 notices to be kept potted up in shops 148 ■ervice of notices 14B penalties for falsifying register, certificate, etc 148 where no express penalty provided 148 actual offender, proceedings against 149 cumulative penalties, restraint on 1^9 application of penai*'.ies 1^ power of court in addition to inflicting fine 148 prosecutions and procedure thereon 160 exception as to members of employer's family IfO bakethops, special provision applicable to 160 regulatioDB, appointment of inspectors, annual report 16;i "PTOPR Wl^- 'wq^iin ilppfpip'' )iit.>jww.ini»j.>^f' mm XIV INDEX. SHOPS AND PLACES OTHER THAN FACTORIES— Con«mtecd. paqi early c'oaiog by-laws 152 interpretation 162 by laws fixing hours of closing 163 application for by-law ■ 163 commencement and publication of by-law 154 repeal of by-law 164 shopi in which several trades carried on 164 exception* to operation of by laws 164 . unincorporated villages, — by laws by township councils for 164 by laws invalid as to one c' ass of shop may be good as to another 165 onii3 of proof as to sufficiency of application 155 liability of agents or servant* of occupier 166 proceedings against actual offender 165 application of general municipal Aci 166 SKIN DISEASES, person) affected with not to be employed in bakeshops 151 SLAVERY, prohibition of 46 STEAM BOATS. excursions by prohibited on Sunday 117 STEAM BOILERS, regulations as to gauges and safety valves in mines 6 explosions in factories — notice to inspector , 129 STREET RAILWAYS, powers of companies to make by-laws as to regulations for conductors, engineers, etc 101 lien of persons employed in the construction of, for wages 102 by-laws respecting construction of by municipal corporation 110 requiring shelters for motoraaen on electric cars Ill prohibited from operating on Sunday 118 TRIKES, settlement of by conciliation and arbitration, see Trade Disputes 52 SUMMARY PROCEEDINGS, for settlement of disputes between master and servant 47 SUNDAY, prevention of the profanation of 116 bakeshops not to be operated on 161 TAVERN KEEPERS, taking weiring apparel of servants in pledge 47 TAVERNS, miners' wsges not to be paid in 3 tippling in, prohibited on Sunday 117 TECHNICAL SCHOOLS, establishment of. by high school board and board of education 168 high school board may provide for technical instruction 168 application of provisions relating to h '%h schools 168 establishment by council in cities Hnd towns 168 powers with respect to acquiring lands 168 legislative grants, rights to share in 169 board of management, regulations by education depirtment 169 TELEGRAPH COMPANIES, service <>f sutnmons for non-psiyment of wages 49 TELEPHONE COMPANIES, service of summons for non-payment of wages 49 THEATRES, municipal by-laws respecting means of egress from 109 statutory regulation of means of egress from 161 THRESHING MACHINES, when run by horse-power to be protected so is to prevent injury to per- sons near them 163 TIMBER, proceedings under woodmen's liens for labour on, see Woodhhmb' Liknp. . 30 i : I Jlf^lpliliJ^Jlpiliplill '^^■«p» '"•?' fi^mi INDEX. XV IPPLING, PAOB in taverns prohibited on Sundays 117 TRADE DISPUiES 62 interpretation, "employer," "employee" 62 olaimaand disputes within Act 62 registrar of councils, appointment and duties of 63 not to receive fees 60 councils of conciliation, constitution and 'ormation of 63 powers of, — remuneration 60 procedure for conciliation, — roanner of reference 54 representation of parties 64 professional assistance not permitted 60 statement of case in writing 64 report of council 56 councils of arbitration, constitution and establishment of 66 remuneration 56 powers of 65 gazetting of 65 tenure of office 66 vacancies; etc 56 election of, — who may vote 56 procedure for election 56 failure to elect,— appointment by Lieutenant-Gove 'nor in CouncU. . 68 reference to arbitration, how made 58 notice by mavors of strikes and lock-outs 69 conduct of reference 69 representation of parties 69 professional assistance not permitted 60 quorum 59 investigation by one member 59 award,— how made 60 agreement as to mode of enforcing 60 witness fees 61 regulations - „. Lieutenant Governor 61 informalities not to avoid proceedings 61 forms 61 TRADES UNIONS, registration of for insurance purposes 99 TRUANCY, liability of children brought into province by societies for IGO V VENEREAL DISEASE, Dersons affected with not to be employed in bakeshops 161 VENTILATION, in mines ■.-*■■. ^ disputes as to^ may be subject to arbitration 53 infactories 127 in shops 146 in bakeshops 151 w WAGE-EARNERS, lien for work on buildings, etc., see Mechanics' and Wage- Earners' Wages Liens 11 WAGES, not to be paid to miners in public houses, etc 3 proceedings on claim f'^i woodman's lien, see Woodmen's Liens 30 not to be paid to lumbermen by documents not payable in Ontario, 40 illegal payments not to be allowed as defence 41 securing payment of for labour on public works 42 priority of, in case of assignment for benefit of creditors 44 in winding up proceedings 44 4 ^'vt^iiiiHftii««>',. XVI INDEX. .\ V WAQEi— Continued. page over execution creditors 44 on attachments against absconding debtors 44 on admiuistration of estates 46 not liable to attachment, etc. , when 45 not to interfere with Dominion insolvency laws 45 recovery by summary proceedings before magistrate 47 how payable when earned by minors 79 liability of directors of companies for 92 liability of directors of mining companies for 93 lien for, of persons employed in the construction of street railways 102 agreements as to rate of wages at which immigrants are to be employed 105, 106 WAIVER OF REMEDIES, void as to mechanics' lions 11 void as to woodmen's liens 31 void as to recovery of wages by servant 51 when it constitutes defence to action for injury to person 71 WATER CLOSETS, to be provided for employees in factories 127 for employees in shops 146 for oni])loyees in bakeshops 151 WINDING UP PROCEEDINGS, priority of claims for wa^«s 44 in case of co-op.^rative assoc'ations 98 WOMEN, not to be employed in mines 1 employment of in f tictories, see Factories 121 hours of labour, etc., in shops. ... , 146 WOODMEN'S LIENS. application of Act 31 agreement wai ring application of Act void 31 lien, nature and extent of 31 contractor, when deemed employer 31 statement (f claim, filing of 31 not affected by sale of logs 33 enforcement of ia district or division court 33 procedure upon 33 when execution issues 34 when attachment issues , 34 summary disposal of cases 34 attachment out of division court 34 out of di'ttricfc court 35 service of 36 where no one in possession of logs 36 when defendant out of province 35 judgment in default of dispute 37 payment into court by defendant 37 admission of parties to make defence 36 logs or timber in transit not to be detained 36 separation of logs or timber s?ized .... 36 logs to be restored by sheriff on security being given 36 appointment to take accounts etc 37 taking accounts, proof of claims 37 order of judge at conclusion of inquiry 38 sale of logs in default of payment 38 application of proceeds 38 disposition of balance 39 discharge of lien when nothing found due 38 costs 38 dismissal of proceedings for want of prosecution 39 addins{ parties - 39 other remedies not affected 39 ■. r <■■ INDEX. X\ WOODMEN'S LIENS— Co»i«in«ed. , paqb all lienholderB and aaaignees may join 40 transfer and consjlidation of suite 40 improper seizure, liability for . 40 wages, ) ynient of by certain means illegal 40 penalty 41 WOOD-SAWINU MACHINES, to be protected when operated by horse power, so as to prevent injury to persons near them 163 WORKMEN'S COMPENSATION FOR INJURIES, interpretation 67 when workman to have claim against employer 68 employers, who to be deemed 68 injuries to workmen employed on railways 69 exceptions from liability 69 compensation, limit of amount 70 distribution of 70 limitation of time for recovery of 70 agreements by workmen, — when to constitute defence 71 personal reprrsentatives, — liability of 71 penal! ies, deduction of from compensat'"'.! 71 notice of injury— form and service of 71 defence of want of notice 72 statement of claim, — contents of 73 assessors, — appointment of and determination of damages by 73 absence of 74 costs and fees of 74 duties of 75 consolidation of actions 76 staying proceedings where several actions brought 76 separate assessment of damai^es 75 admissions by notice 76 time, comput ition of 76 forms and ru'es 76 remedy of employees on railways for injuries by certain defects 167 WRITING, when not necessary in contracts of service 46 ' I