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 LAWS FOB WORKMEN. 
 
 Recent Provincial Legislation to Secure to 
 Labor the Reward Whicii it Earns. 
 
 Wages and Homesteads Protected and Life 
 Insurance Reserved for Families. 
 
 Iteceut legislation in the interest and 
 for the protection of the laboring classes 
 may be profitably reviewed at this mo- 
 ment, and while under this classiflrHition 
 there might be included all classes of leg- 
 islation having for its object the pro- 
 motion of the social and industrial wel- 
 fare of perhaps the great majority of the 
 residents of the province, including the 
 agricultural classes, what is here set 
 forth will be restricted to those statutes 
 having for their object, firstly, the defin- 
 ing of the respective rights and liabili- 
 ties of master and servant; secondly, the 
 securing to mechanics and laborers the 
 price of their labor by means of a right 
 of lien upon the property benefited by 
 such labor; and, thirdly, for the purpose 
 of facilitating the settlement of labor 
 disputes, the maintenance of amicable 
 relati between employers and em- 
 
 ploye nd the prevention of strikes 
 
 and troubles. 
 
 These statutes, having a direct and 
 powerful inliuonce upon the rights and 
 
 grivih'gCH of a large number of the in- 
 tibitants of the province, are certainly 
 of sulllcient imimrtance to call for the 
 somewhat extended explanation con- 
 tained in. and to justify the title which 
 has been given to this article. 
 
 MASTER AND SERVANT. 
 
 In the sessidn of 1897, for the purpose 
 of enacting in brief yet comprehensive 
 form, the rules of inw a|>|>lyiiiK t( the 
 rolntioMH between master and servant 
 the Honorable the Attorney-Cienenil In- 
 
 troduced an act intituled "The .blaster 
 and Servant act, 1897," which was pass- 
 ed by the legislative assembly, received 
 the Royal assent on May 8th, 1897, and 
 is now consolidated as Chapter 131 of 
 the Revised Statutes, 1897. 
 
 The act empowers justices of the peace 
 upon complaint of any servant or labor- 
 er aga'nst his master or employer for 
 non-payment of wages to issue a sum- 
 mons citing the employer or master to 
 appear and answer the complaint, and 
 upon proof of non-payment, to direct the 
 payment of the amount of wages 3ue the 
 complainant, not exceeding the sum of 
 .$50. The justices may award and en- 
 force their judgment by warrant of dis- 
 tress. Justices are also by the act em- 
 powered to decide any dispute which 
 arises between a master and servant 
 after the termination of engagement, 
 provided proceedings be taken within 
 one month after the engagement has 
 ceased. With reference to contracts of 
 service it Is provided that verbal agree- 
 ments for service shall not exceed the 
 term of one year; that no contract of 
 service or Indentures shall be binding 
 for a longer term than nine years; aqd 
 that, subject to these limitations, all 
 agreements and contracts, verbal or 
 written, between master and journey- 
 man, skilled laborers, servants or labor- 
 ers for the performance of any work or 
 service shall, whether the performance 
 has been enterwl upon or not, be bind- 
 ing upon eoch party thereto for the due 
 fulfilment thereof. 
 
In concluding the reference to this act 
 it is well that especial attention should 
 be drawn to one of its most important 
 provisions which renders valid agree- 
 ments between employers and employees 
 by means of which a definite share in 
 the annual or other net profits or pro- 
 ceeds of the trade or business may bf 
 alloted and paid to the employees in 
 lieu of or in addition to salary, wages 
 or other remuneration. This provision 
 opens the way for the practical adop- 
 tion and working in this province of the 
 principle of "profit-sharing" which is be- 
 lieved to be greatly in the interests of 
 both employer and employee, and, by es- 
 tablishing common grounds of interest 
 between these classes in regard to mu- 
 tual interest, welfare and success, to 
 tend towards an increased industrial and 
 commercial development of the prov- 
 ince. 
 
 MECHANICS' LIENS. 
 
 For the purpose of securing to mechan> 
 ics, artisans and laborers the payment 
 of the price of their labor by means of 
 a lien upon the property improved by 
 such labor, there was passed at the 
 session of 1891 an act intituled "The 
 Mechanics' Lien act, 1891," which is 
 now consolidated as Chapter 132 of the 
 Revised Statutes, 1897. This act in its 
 operation has been found to afford an 
 t'ttlcient safeguard to the laboring classes 
 and has in very many instances been the 
 medium for the recovering of wage 
 claims, its merit, however, being, 'f any- 
 thing, more preventive than operative, 
 that is to say, it has more the eft'fct of 
 causing property owners to take effectu- 
 al steps to procure the payment of all 
 abor i-mployed on their property by 
 rontnutors and their sub-contractors, 
 than of affording laborers the means of 
 securing payment of arrears of wages 
 by means of actually enforcing the lien. 
 
 The right of lien is given for labor 
 only, there being no lien in respei-t of 
 any other claim against property. Un- 
 less the workman has signed an express 
 contract under which he agrees that he 
 will not exercise the right of lion c^)n- 
 ferred on him by the act, he has in re- 
 spect of all work done upon construc- 
 tion, erecti n, improvement or repair 
 of or to any building, erection, wharf, 
 bridge or other work or work in connec- 
 tion with the clearing, excavating, drain- 
 age, grading, or irrigating any land a 
 lien or charge for the price of such work 
 upon the property benetite<l and upon all 
 materials brought upon the property and 
 used for the work or used upon or built 
 into the land and buildings. 'I'lii-i 
 lien attaches to the interest in the land 
 vested in the owner at the time I lie con- 
 tract is made and to any greater interest 
 
 which he may acquire during the pro- 
 gress of the work. The lien is limited 
 in amount to the sum actually owing to 
 the person entitled to the lien and where 
 the moneys are realized upon liens they 
 are distributed in the following manner: 
 
 First, to pay the costs of all lien hold- 
 ers in obtaining registering and proving 
 the liens; second, to pay six weeks wages 
 (if due) to all workmen employed by the 
 owner, the contractor and the sub-con- 
 tractois; third, to the paym nt of tl e ..ub- 
 contractors and persons other than actual 
 workmen employed by the owner and by 
 the contractor, and lastly, the balance (if 
 any) to the contractor. 
 
 The right of lien expires in thirty-one 
 days after the completion of the work 
 unless in the meantime the person claim- 
 ing the lien file in the office of the gov- 
 ernment agent or of the registrar of titles 
 or of the district registrar of titles an 
 affidavit in the form prescribed by the 
 act, blank forms of which can be pro- 
 cured at these offices. After registration 
 the lien itself will expire unless within 
 thirty days the claimant institutes an ac- 
 tion in the County court of the county 
 and files with his original lien a judge's 
 f)r registrar's certificate of the commence- 
 ment of his action. The County court is 
 iriven jurisdiction to deal with all lien 
 claims whatsoever and the procedure to 
 be followed upon the trial of action 
 brought to enforce lien and the mode of 
 realising and disposing of moneys ad- 
 judged due thereupon are set forth in 
 the act. 
 
 For the purpose of safeguarding the 
 rights of workmen, the act contains <wo 
 important provisions, one providing that 
 where works of improvement upon any 
 lands or premises are about to be un- 
 dertaken of an estimated cost exceeding 
 .$.''iOO. the contractor shall file in the 
 office of the government agent or in 'ho 
 land registry office a statement setting 
 forth the particular of the intended work, 
 and the names and addresses of all par- 
 ties in interest: and the other imposing 
 upon contractors the duty of posting up 
 at the works a copy of the n'ceipted ;»ay 
 roll and of delivering to the owner or 
 his agent the original pay roll receipted 
 in full by the various employees. No 
 payment made by the owner or contrnc- 
 vor without delivery of the receipted pay 
 roll has the effect of diminishing the em- 
 ployees' right of lien. 
 
 In addition to the foregoing general 
 right of lien the act provides a special 
 right of sale under the ordinary mechan- 
 ics' lien, whereby every mechanic or oth- 
 er person who has bestowed money or 
 skill Mild materials upon any chattel so as 
 to increase its value shall while his lien 
 exists have power to sell the chattel af- 
 ter giving two weeks' public notice. 
 
f- 
 
 UXDER ASSIGNMENT. 
 
 Under the Creditors' Trust Deeds Act 
 the assignee under any assignment for 
 the general benefit of creditors is oblig- 
 ed in priority to all other claims the 
 wages or salary of all persons in the em- 
 ployment of the assignor at the time of 
 the assignment not exceeding three 
 months' wages or salary, the employees 
 being for any excess above such three 
 months, entitled to rank as ordinary gen- 
 eral creditors. 
 
 COMPENSATION. 
 
 By the Employers' Liability Act, 1891, 
 an act passed to secure compensation to 
 workmen for personal injuries caused to 
 workmen by reason of any defect in the 
 condition or arrangement of mav^hines, 
 plants, buildings or premises used in the 
 course o femployment, and for injuries 
 arising by reason of the negligence of 
 any person in the service of the employer 
 to whose orders or directions the work- 
 man at the time of injury was bound to 
 conform. The compensation is limited 
 either to three years' wages or to a sum 
 not exceeding $2,000. It is also provided 
 that no agreement entered into by a 
 workman shall be a bar to his recovering 
 under the act unless for the entering into 
 of such agreement there was to the work- 
 man some consideration other than that 
 of his being given employment, and in 
 the opinion of the court such considera- 
 tion was adequate and the agreement 
 was just and reasonable, the burden of 
 proof in respect to these latter require- 
 ments resting upon the employer. No- 
 tice of injury must be given to the em- 
 ployer within twelve weeks of the acci- 
 dent, and if the action be for personal in- 
 jury, the action must be commenced 
 within six months. Should the workmnn 
 be killed, his representatives have 32 
 months in which to bring action. 
 
 EXEMPTIONS. 
 
 Goods and chattels to the extent of 
 $500 are exempt from forced seizure or 
 sale by any process of law; but this ex- 
 emption does not extend to the protection 
 of the identical goods and chattels in 
 respect of which the debt sued on was 
 contracted, and does not permit a trader 
 lo claim as exemption any of the goods 
 and merchandise which form a part of 
 the stock in trade of his business. 
 
 By the Homestead act. which purports 
 to be an act to exempt homesteads and 
 other property from forced seizure and 
 sale, provision is made: (a) As regards 
 personal property for the securing to a 
 debtor of an exemption of personal prop- 
 erty from all processes of execution am- 
 ounting in valne to $500, provided that 
 no exemption can be claimed out <)f a 
 stock in trade in a business, (b) As re- 
 gards realty for the obtaining of an ex- 
 
 emption of real property registered as a 
 homestead under the act, up to a value 
 not to exceed $2,500. Should such home- 
 stead at the time of the issue of execu- 
 tion be of a greater value than $2,500 
 the excess over such value is liable to 
 seizure and sale. A special procedure 
 and mode of registration is provided for 
 the registration of real estate as home- 
 stead property. 
 
 APPRENTICES AND MINORS. 
 
 The Apprentices' and Minors' act con- 
 tains provision for the care of minors 
 by guardians and relatives, and for the 
 care by charitable associations of minors 
 who might otherwise become a charge on 
 the public; defines the powers of guar- 
 dians and of such charitable associations 
 in regard to the apprenticing of minors; 
 codifies the law respecting the mutual 
 rights of masters and apprentices; and 
 contains procedure for the settlement of 
 disputes, an appeal being given to the 
 County court. 
 
 INSURANCE. 
 By the Families' Insurance act, an act 
 passed for the securing to wives and 
 children the benefits of life insurance 
 provision is made for the insuring of 
 life for the benefit of wife, or of wife and 
 children, or of children only, at the 
 option of the insured, with power to ap- 
 portion the amount of insurance money 
 on a policy. Insurance may also be ef- 
 fected for the benefit of a future wife 
 or a future wife and children. Where 
 insurance is effected under this act, the 
 insurance moneys are payable to the 
 beneficiaries according to the terms of 
 the policy free from the claims of credi- 
 tors of the insured; provided, that if 
 the policy was effected and premiums 
 paid with intent to defraud creditors, 
 the creditors are entitled to recover an 
 amount equal to the premium paid, but 
 without interest. 
 
 WOODMEN'S WAGES. 
 
 For the protection of the rights of 
 workmen engaged in getting out logs and 
 timber a special lien is provided by the 
 Woodman's Lien for Wages act, 1805, 
 consolidated as Chapter 194 of the Re- 
 vised Statutes, 1897. This act provides 
 that any person performing any labor or 
 service in connection with any logs or 
 timber in the province shall have a lien 
 thereon for the amount due for such 
 labor and such services, which shall be 
 deemed a first lien and charge jn the 
 logs and timber and shall have orece- 
 dence over all other claims except for 
 royalties and boom charges. As in the 
 case of the Mechanics' Lion act, the act 
 contains a complete precedure for (he 
 entering and enforcement of the liens 
 arising under its provisions, and f(»r the 
 
 \l 
 
realization and distribution of moneys 
 recovered thereon. 
 
 I-ABOR, CONCILIATION AND 
 ARBITRAITON. 
 
 For the purpose of establishing a tri- 
 bunal for the settlement of disputes be- 
 tween employers and employees and for 
 the providing of means leading to the 
 cultivation and maintenance of better 
 relations between employers and their 
 employees, and also, for the providing of 
 some efficient jethod for the prevention 
 of strikes and other labor troubles there 
 was passed as a government measure 
 during the session of 1894 an act in- 
 tituled The Labor Conciliation and Ar- 
 bitration act, 1894, consolidated as Chap- 
 ter 109 of the Revised Statutes, 1807. 
 The act provides in the first place for 
 the appointment of the provincial sec- 
 retary as commissioner, and for the ap- 
 pointment should occasion render it ne- 
 cessary of a deputy commissioner. The 
 functions of the commissioner and his 
 deputy are to receive and record claims 
 in respect of labor disputes, to convene 
 councils of conciliation and to keep a 
 complete record of proceedings had mder 
 
 the act. Councils cf conciliation con- 
 sist of four members appointed by the 
 Lieutenant-Governor upon the nomina- 
 tion of the disputants and the procedure 
 to be adopted by and before these coun- 
 cils is set forth in the act. Should the 
 councils of conciliation be unable to ef- 
 fect a settlement of any matter brought 
 before it, they report to that efifect to the 
 commissioner, and the matter then goes 
 before a council of arbiration of three 
 members appointed by the Lieutenant- 
 Governor in manner prescribed by the 
 act. This council of arbitration conducts 
 its proceedings as in open court but no 
 party to any dispute before it is allowed 
 to be represented by any counsel, attor- 
 ney or paid agent. Within seven days 
 after the completion of hearing the coun- 
 cil renders its award, which is published 
 in the British Columbia Gazette, and 
 which is so far as the parties concerned 
 have agreed to be bound thereby, may 
 be made a rule of the Supreme court, 
 having thereupon the force of a judg- 
 ment of thp court binding upon and en- 
 forceable against all persons afifected 
 thereby.