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years,

any such seignior or creditor, in relation to such constituted
rents, whether by an absolute title for life, for a term of
or for the life of any other person, may be voluntarily sold,
transferred and assigned, either collectively or partially.

sales.

The collective sale is the sale of the totality of such rents Collective for a whole fief or seigniory, or for the whole of any part of a fief or seigniory; and

A partial sale is the sale of one or more of such constituted Partial sales. rents.

collective

2. In the case of a collective sale, it is not necessary to Description enumerate or describe the particular lots of land affected by of lands in. such rents; but it is sufficient to describe in the deed of sale, in sale. general terms, by its original name, or by the name given to it in the cadastre, and by its general boundaries, the fief or seigniory, or the part of the fief or seigniory, comprising the lands upon which are established such rents.

partial sale.

3. In the case of any partial sale, it is sufficient to describe Description in the deed of sale the rents sold, as being the constituted rents, of lands in created upon the lot or parcel of land bearing the number (as the case may be), or as being the constituted rents created on the lots or parcels of land bearing the following numbers in the cadastre, (referred to,) that is to say, on the lots included from number (as the case may be) to number (as the case may be), inclusively, citing the number of reference of the cadastre only, or together with such number the number of the terrier or concession specified in the cadastre. 38 V., c. 26, s. 4.

Receiver

5612. The signification of the sales, transfers and assign- Signification ments of constituted rents, payable by the Receiver-General, of sales to shall be made upon the treasury officer, entrusted with the pay- General. ment of the said rents, or of the capital thereof, or upon any person acting for such officer, by and through the ministry of a notary of the Province of Quebec, according to the manner usually followed in relation to the signification of sales, assignments and transfers in general.

2. Every sale, transfer or assignment of constituted rents, Notice of sale representing cens et rentes and other seigniorial dues, of the to debtors. whole or part of any fief or seigniory, may be signified to the debtors of the said rents and to the owner of lands affected by the same, by the reading of such sale, transfer or assignment, by a notary, at the door of the church of the parish. within which the real estate charged with the said rents is situated, during two consecutive Sundays at the close of divine service in the morning.

3. Such notary shall draw up a deed of such signification Deed of and preserve the minute thereof, notwithstanding the provisions signification.. of the Civil Code to the contrary, and notably of articles 1571, 1572 and 2127. 38 V., c. 26, ss. 2 and 6.

5613. The deed of signification shall be registered in the Registration. registry office of the registration division, in which the real

estate charged with such rents is situated.

38 V., c. 26, s. 7.

SECTION XII.

PROVISIONS IN CONNECTION WITH CHAPTER THIRD OF TITLE SEVENTH

OF BOOK THIRD.

OF THE LEASE AND HIRE OF WORK.

(Articles 1666 and following.)

§ 1.- Masters and Servants.

Application of section.

Servants wishing to

1. DUTIES OF MASTERS AND SERVANTS.

5614. This section applies to all parts of the Province, except the cities of Quebec and Montreal, and to all other incorporated cities, towns and villages which have passed or may hereafter pass by-laws regulating the relations of master and servant. 44-45 V., c. 15, s. 12. See M. C. 624.

5615. Every domestic, servant, journeyman or laborer, leave service, engaged by the week, month or year, and not by the piece to give notice. or job, or for a fixed period, who intends to quit the service on which he is engaged at the expiration of his engagement, shall give at least one week's notice of such intention, if his engagement be by the week, two weeks' notice, if it be by the month, and one month's notice, if it be by the year; and if any such person quit the service without giving such notice, he shall be considered as having deserted from the said service and be punished accordingly. 44-45 V., c. 15, s. 5.

Every master to give sim

ilar notice before dismissing servant.

5616. Every master, mistress or employer shall give a like notice to any servant, journeyman or laborer, engaged by the week, month or year, whose services are no longer required; but any domestic, servant, journeyman or laborer, so engaged, may be discharged at or before the expiration of his agreement, without notice, upon the full payment of the wages to which he would have been entitled had the term of service expired and had the required notice been given. 4445 V., c. 15, s. 5.

II. PENALTIES.

Punishment of servants,

&c., for misconduct &c.

5617. Every apprentice, servant, journeyman or laborer, bound by act of indenture, or written contract or agreement, or verbally before one or more witnesses, for one month or for any longer or shorter period,

Who refuses or neglects to enter the service of his master, at the time agreed upon, or

Who is guilty of misbehavior, refractory conduct or idleness, or of deserting from his service or duties, or

Who absents himself by day or night, without leave, from

the said service, or from the house or residence of his employer, or

Who refuses or neglects to perform his just duties, or to obey the lawful commands which may be given him by his master or mistress, or

Who is guilty of dissipating his master's or mistress' property or effects, or

Who is guilty of any unlawful act that may affect the interest of his master or mistress,

Shall be liable to a penalty not exceeding twenty dollars. 44-45 V., c. 15, s. 1.

5618. Every domestic, servant, journeyman or laborer, Punishment engaged by the month, or longer space of time, or by the piece for desertion. or job, who deserts or abandons the service or job for which he was engaged, before the time agreed upon, shall, for each offence of such nature, be liable to the penalty provided in the preceding article. 44-45 V., c. 15, s. 2.

vants em

woods.

5619. In every case of contravention against the two Prosecutions preceding articles, on the part of any servant or laborer en- against sergaged to work or serve in the woods and forests of this ployed to Province, for the making of saw-logs or the manufacture work in the of square or other commercial timber, or firewood of any kind, the contravening party may be prosecuted and convicted before any justice of the peace of the district wherein he shall have contracted his engagement, or wherein he shall be apprehended, notwithstanding that the territory where the contravention shall have been committed may happen to be beyond the limits of such district. 44-45 V., c. 15, s. 3.

5620. Any person, knowingly harboring or concealing any Punishment apprentice or servant, engaged by written act or agreement for harboring or verbally before witnesses, who has abandoned the service of his master or mistress, or

Instigating or engaging or inducing any apprentice or servant to abandon such service, or

Keeping such servant in his or her service, after being informed of the fact,

Shall, for such offence, be liable to the penalty provided in article 5617. 44-45 V., c. 15, s. 4.

servants.

servant with

5621. Every master or mistress, who discharges his or her Penalty for servant, without paying his wages as stated in article 5616, dismissing shall incur the penalty provided in the said article 5617. 44- out paying 45 V., c. 13, s. 6.

wages.

master for

5622. Every master, mistress or employer, against whom Penalty any just cause or complaint exists on the part of his or her against apprentice, domestic, servant, journeyman or laborer, bound misusage, &c. or engaged as aforesaid, for any misusage, defect of sufficient wholesome food, or for cruelty or ill-treatment of any kind,

shall, upon conviction, for each offence be liable to a penalty not exceeding twenty dollars. 44-45 V., c. 15, s. 7.

III-SUITS FOR CONTRAVENTIONS.

Complaints before whom tried.

Penalty.

Plea in suit for wages.

Contract annulled in certain cases.

To whom

5623. Any complaint, founded upon a contravention of any of the provisions of this section, may be heard and determined before any one justice of the peace, resident in the district where such contravention occurred, who may, by warrant or summons, require the attendance of the offender before him, and upon the offender being brought up under warrant, or if summoned, upon proof of the service of such summons, may, either in the absence or presence of the offender, determine such complaint in a summary manner, on the oath of any one or more credible witnesses, to be sworn before him, and may, if the offender be convicted, condemn such offender to the penalty imposed for the offence, and, in default of payment of the said penalty, with costs of suit, with or without delay, to be imprisoned in the common gaol of the district for a period not exceeding two calendar months, unless the said penalty and costs of suit, together with the costs of apprehension and conveyance of the delinquent to the gaol, be sooner paid.

On a suit by a servant for wages the defendant may plead the fact of such desertion, misconduct or disobedience herein before mentioned, and on proof theroof and of the damages incurred in consequence by the defendant, it may be declared that the plaintiff has lost all recourse for his wages in whole or in part, in the discretion of the court, according to the circumstances, 44-45 V., c. 15, s. 8.

5624. Upon complaint by any master, mistress or employer against his or her apprentice, servant or journeyman, or by any apprentice, servant or journeyman against his master, mistress or employer, of continued misconduct or misusage, and of repeated violations of the ordinary and established duties of the parties towards each other, or of incapacity to perform the services for which he is hired, any two justices of the peace, resident in the district where the master or mistress lives, may, at a special session, upon due proof of the facts, annul the contract or agreement, whether written or verbal, by which such master, mistress or employer, and such apprentice, servant or journeyman, were bound to each other. 44-45 V., c, 15, s. 9.

5625. All penalties imposed by this section, when paid, fines are paid. shall be handed over to the sheriff of the district within which the offence was committed, to form part of the building and jury fund. 44-45 V., c. 15, s. 10.

Prescription of suits.

5626. The prosecution for any offence against the provisions of this section shall be commenced within three months after the offence has been committed, and not thereafter. 44-45 V., c. 15, s. 11.

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§ 2-Voyageurs.

1.-ENGAGEMENT OF VOYAGEURS.

be entered

5627. Every person who engages as a guide, conductor, Agreement to canoe-man, bateau-man or winterer, or in any other quality into by voyaor capacity, to perform a voyage to or from the Province of geur on enOntario, or to or from the Indian country, or to winter or to gaging to remain there for any space of time whatsoever, (save as certain serhereinafter excepted,) shall enter into an agreement for such vice. purpose with the person with whom any such person engages or his agent.

perform a

2. Such agreement shall not be valid unless made in writing To be made. and executed before a notary or where there is no notary and before a in writing before two credible witnesses at the least who can read and notary or witwrite, and who shall sign their names thereto, and every such nesses and to agreement shall, besides such other particulars as the parties tain particumay agree upon, specify in what quality or capacity the person lars. engages, what wages he is to receive for his services, and when and where payable and the voyage or service he is to perform.

contain cer

3. It shall not be necessary for the conductor of any bateau or Only a verbal bateau-man, (unless the parties think fit) to enter into any agreement ne other than a verbal agreement for any voyage within the Pro-cessary for a vince of Quebec or into Ontario, unless such voyage, if into in certain Ontario, is to extend beyond the Bay of Quinté. C. S. L. C., c., 58, s. 1.

Voyage with

limits.

geur so en

on the

5628. If any peson, so engaged under a written agreement, Proceedings. refuse or neglect to appear at the place agreed upon for the in case voyavoyage or service for which he is engaged, after being duly gaged fails notified for that purpose, or appearing at such place, refuse to proceed or neglect to proceed upon the voyage or service for which he voyage. has been engaged, then on complaint, and proof of any such refusal or neglect being made by the oath of any person or the agent of any person to whom such offender is engaged, before any justice of the peace, and such agreement, or an authentic copy thereof, being produced, such justice of the peace shall issue his warrant to any constable or other peace officer to apprehend and bring before him or any other justice of peace for the district the person so neglecting or refusing as aforesaid.

fuses to pro

peace.

2. If such offender do not forthwith, on the order which may Penalty in be then made by such justice, proceed upon the voyage or ser- case he revice agreed upon, or if the canoe or bateau in which such per- ceed on the sons was intended to proceed, have departed, then, unless such order of a person was prevented from appearing or from proceeding by justice of the sickness or other unavoidable necessity, proved before such justice, either by the certificate of a licensed surgeon or of a curé, or by the oath of at least one credible witnesss before such justice of the peace, such offender shall, by such justice of peace, be committed to the common gaol of the district, there to remain for the space of fifteen days, unless the person to whom such offender is engaged or his agent sooner applies for such offender being discharged, in which case such justice of the peace, or any

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