and penalty. complaint against his employer, master or mistress for non-payment of wages actually earned in the service of such employer, or legally payable under the contract of agreement of service, may, on complaint upon oath, stating the cause of complaint and amount of claim, if any, for wages, cause such employer to be summoned to answer such complaint; and such complainant, if his or her complaint in the opinion of the person before Consequences whom it is brought is well founded, shall be entitled to a discharge from his or her employment if the term of service had not expired, and whether such servant or workman was still in actual service with such employer or not, and shall also be entitled to recover, and the said party hearing the complaint may order the said employer to pay such complainant the amount of wages found to be due up to the time when such service could or would be legally ended by notice from said employer or by effluxion of time not to exceed, exclusive of costs, the sum of forty dollars, or such lesser amount as he may think just and reasonable under the circumstances of the case, together with costs of prosecution, including an allowance to the complainant for his or her personal attendance as a witness on his or her own behalf. 7. Any information or complaint founded upon any contra- may be heard vention of any of the provisions of this Act may be heard and by J. P. determined before any justice or justices of the peace, stipendiary or police magistrate, who may by warrant or summons require the attendance of the party complained against before him or them, and may determine such complaint in a summary manner; or any penalty, claim or demand arising out of any May be taken supposed infraction of any such provisions, may be sued for in to county the county court for the county where the defendant resides, or has his or her fixed place of abode. court. time of pay wise to issue 8. Any penalty or sum of money ordered to be paid under J. P. to order the authority of this Act, including costs, may be so ordered to ment, otherbe paid forthwith, or within such time as the said justice or warrant of magistrate shall name; and in case of the non-payment thereof distress. as so ordered, the said justice or magistrate may issue his warrant of distress to levy such penalty and costs by seizure and sale of the goods and chattels of the party against whom such order was made. J. P. in de 9. In case of any sum of money being due and payable Authority of for wages or otherwise, by any master or complainant in any termining parproceeding had or taken under the second, third or fourth sec- ticulars of case tions of this Act, in which a conviction for any penalty or penalty and costs shall be had or obtained, the said justice or magistrate may order the said money, or so much thereof as shall be sufficient to discharge such penalty and costs, to be paid over to said justice or magistrate, and may further discharge said master or complainant from the payment of any Authority of costs. Penalties hereunder to balance or portion of a balance remaining due after the settlement of said penalty and costs, if any, and the receipt of the said justice or magistrate, or of his clerk for the amount so paid over, and a certificate or minute of such discharge, as to the balance or part thereof shall exonerate the said master or complainant from all liability to the party complained against in respect to said balance or portion thereof mentioned in such receipt, minute or order. 10. The said justice or magistrate shall have power, in dismissing any complaint or otherwise, in his discretion, to order the complainant to pay the costs of the proceding, to be recovered by distress or order as herein mentioned. 11. All pecuniary penalties imposed by this Act shall be be paid to the paid over forthwith after the same have been received or recovered to the provincial treasurer, to form part of the general funds of the Province. P. T. Where and when com be tried. 12. Complaints against any person under this Act may be plaints are to prosecuted and determined in any county or municipality in which the person complained against is found, but such complaint or prosecution shall be laid or commenced within six months after the offence has been committed or cause of complaint has arisen; and no complaint or prosecution, or conviction, or other proceeding under this Act, shall be considered Want of form. void or defective for or on account of any want of form; nor shall any such proceeding be quashed or set aside for want of form so long as the general provisions of this Act are complied with, and the proceedings taken thereunder are within the spirit and intent thereof. Appeal. 13. Any person who thinks himself or herself aggrieved by any conviction or order for the payment of wages, or by any order of dismissal from service or employment, or any other order or decision of any justice or magistrate, as aforesaid under the Act, may appeal therefrom in the same manner as is provided in The Act respecting Summary Convictions before Justices of the Peace; and in case of dismissal court thereon. of the appeal or affirmance of the conviction order or decision, the court appealed to shall order and adjudge the said conviction, order or decision to be enforced; or shall enforce the order for payment of wages or dismissal, as the case may be, and for the payment of costs awarded, and shall, if necessary, issue process for carrying such judgment into effect. Power of Short Title. C. S. M. cap. 14. This Act may be cited as "The Master and Servants Act." 15. Chapter forty-one of the Consolidated Statutes of Mani11, repealed. toba is hereby repealed. CAP. XXXIV. An Act to amend The Chattel Mortgage Act. [Assented to 7th July, 1883.] Her Majesty, by and with the advice and consent of the Preamble. Legislative Assembly of the Province of Manitoba, enacts as follows: how 1. Chapter forty-nine of the Consolidated Statutes of Mani- Chattel morttoba, entitled "An Act respecting the mortgaging and selling of discharged. Personal Property" is hereby amended by adding thereto the following: Any mortgage of goods and chattels registered or filed, under the provisions of this Act, may be discharged c. s. M. cap. or partially discharged by filing in the office in which the said 49, amended. mortgage is registered or filed, a certificate signed by the said mortgagee, his executors or administrators or by his or their assignee under an assignment or assignments, filed as hereinafter provided, or by the executors or administrators of any such assignee, which certificate may be in the form following or to the like effect: FORM OF DISCHARGE. To the clerk of the County Court of I. A. B., of C. D., of (or the sum of day of 18 of the amount) due or to grow due on a certain chattel mort- day of on the describing the chattel or chattels to be released, of the goods 2. The due execution of said discharge or partial discharge Discharge to shall be proved by the affidavit of a subscribing witness be sworn to. Discharge to have no force until filed. Fee for filing. Clerk to give certificate of discharge. Form of certificate. thereto, endorsed upon or attached to such certificate, and the date on which the same was actually executed shall be stated in such affidavit. 3. Any such certificate of discharge or partial discharge shall have no force or effect except as between the parties to such mortgage until the same has been filed. 4. For filing such certificate of discharge or partial discharge and affidavit of execution, and for entering the same in the reference book, the clerk shall be entitled to a fee of fifty cents, and for any certificate of the filing of such discharge or partial discharge endorsed upon any true copy or duplicate thereof, a further sum of twenty-five cents. 5. Any person filing a discharge of mortgage or a partial discharge of mortgage, as aforesaid, shall be entitled to ask for and receive from such clerk a certificate (other than the certificate which might be endorsed on a copy or duplicate of the mortgage, as aforesaid) of such discharge or partial discharge, in the form following or to the like effect: Province of Manitoba, County of This is to certify that an instrument purporting to be a discharge in full (or, a partial discharge) of a certain chattel mortgage bearing date the day of as mortgagee, has been filed in the office of the county court of said county of day of on this (and, in case of a partial discharge, that the goods or property mentioned in such partial discharge consist of property.) describing the chattel or Given under my hand and the seal of said court, Seal. E. M., Clerk. Fec. Assignment of 6. For the foregoing or last mentioned certificate, the clerk shall be entitled to a fee of twenty-five cents. 7. Any assignment of a chattel mortgage may be filed in the office in which the mortgage is filed, upon an affidavit of the due execution of such assignment or payment of the same fee as is required on filing a chattel mortgage. 8. Section 9 of cap. 49, Consolidated Statutes of Manitoba, c. s. M., cap. is hereby amended by adding the words "or any justice of the ded. peace" after the word "public" in the third line of said amended. soction. CAP. XXXV. An Act respecting Grist-Mills and Millers. [Assented to 7th July, 1883.] Her Majesty, by and with the advice and consent of the Preamble. Legislative Assembly of the Province of Manitoba, enacts as follows: 1. The owner or occupier of any flour mill doing a gristing Mindgrist in business for which toll is exacted within this Province shall turn. grind the grain brought to his mill, as well as the nature and condition of his mill will permit, and in due turn as the same shall be brought, and may take for the toll for grinding and bolting wheat, rye or other grain, one-sixth part, or the owner of such wheat, rye or other grain, (or his agent or servant) may pay such sum, not exceeding in any case seventeen cents per bushel, as shall be agreed upon, in lieu of said toll for said Toll. grinding and and bolting. For grinding corn, barley, malt and other grain not required to be bolted, one-eighth part, and for chopping all kinds of grain one-tenth part. attend mill ures and 2. It shall be the duty of each and every owner or occupier Millers to of every such mill, to give due and punctual attendance by and keep achimself (or his servant), when his mill shall not be out of curate measrepair, or when he shall not have temporarily or permanently scales. closed running the same, and he shall keep in his mill an accurate half-bushel, peck, gallon and half-gallon measure, and also accurate scales for weighing the grain and the flour and other products brought thereto. countable for 3. Every owner or occupier of a public mill as aforesaid, Millers acshall be accountable for the safe keeping of all grain received grain and bags in his mill for the purpose of being ground, with the bags or left with them. sacks containing the same; and shall, when required, deliver the same or the flour or meal thereof, to the owner, (or his agent or servant), with the bag or sacks in which the same was received; provided that such miller, or occupier of a mill, shall not be accountable for any bags or sacks unless the same be distinctly marked with the initial letters of the owner's marked. name, or with some mark distinguishing the bag or sack, Bags to be |