other justice of the peace for the district, to whom such application may be made, may, by order under his hand and seal, directed to the gaoler, cause such offender to be discharged; but no such discharge shall release any such offender from any claim against him by reason of any advances to him made in money or otherwise, on the faith of the agreement by him entered into. C. S. L. C., c. 58, s. 2.

In case voyageur deserts or absents

out lawful

cause.

11.-DESERTION OF VOYAGEURS.

5629. If any person as aforesaid engaged under a written or a verbal agreement, who having entered upon the voyage himself with or service for which he is engaged, afterwards absent himself from such voyage or service, without lawful cause, or desert therefrom, then, on complaint thereof, being made upon oath, by the person to whom such offender was engaged, or his agent, or by the person who had charge of such offender or by any other person who may have knowledge of the fact, and the agreement for the voyage or service, or an authentic notarial copy thereof being to such justice of the peace produced, the said justice of the peace shall issue his warrant directed to any constable or other peace officer of the district, to apprehend and bring the offender before him or any other justice of the peace of the district.

Penalty for desertion.

Offender not liable to ac

2. Such justice of the peace, with the assistance of some other justice of the peace, or any two justices of the peace for the district, shall inquire into the cause of such offender so absenting himself or deserting, and, if no lawful cause be proved to the satisfaction of such justices of the peace for such absence or desertion, then they shall, by warrant under their hands and seals, commit the offender to the common gaol of the district, there to remain for any space of time not less than one month, and not exceeding three months, without bail.

3. No such offender so committed to gaol shall be liable to any action or suit for the pecuniary damages suffered in contion for pecuniary dam- sequence of his so absenting himself or deserting from the ages. voyage or service he had engaged to perform, except only for the amount of the advances in money or goods to such offender made on the faith of the agreement by him entered into. C. S. L. C., c. 58, s. 3.

Penalty for

deserting fishing service;

$ 3.-Hiring of fishermen and recovery of their wages.

1. FINES FOR DESERTION, &C.

5630. Any person who, having been engaged by any written agreement to fish on any conditions or assist in any fishery, or in the dressing of fish, refuses to fulfill any such engagement, or abandons his employer's service during the term of his engagement, shall thereby incur a fine not exceeding forty dollars, over and above all costs, or imprisonment for not more than three months. 32 V., c. 37. s. 1.

5631. Whoever engages or endeavors to engage any per- Or seducing son then engaged as aforesaid, in any way to fish or to assist away persons engaged in any fishery or in the dressing of fish, shall thereby incur a therein; penalty not exceeding twenty dollars, over and above all costs,

or imprisonment for not more than one month; and the owner or harboring. or master of a vessel who shall receive on board, as a hand or them. passenger, any person so engaged in fishing or for the dressing of fish, (unless in possession of a certificate of discharge from his employer), shall incur a penalty of not more than twenty dollars, over and above all costs, or imprisonment for not more than one month. 32 V., c. 37, s. 2.

II. LIEN OF FISHERMEN,

5632. Each person engaged to fish, or assist at any fishery, Lien for or in the dressing of fish, either by written agreement or other- wages on produce of wise, shall, for securing his wages or share, have a first lien, pre- fishery. ferable to any other creditor, upon the produce of his employer's fishery, and may recover the sum or share due to him before the nearest competent judicial tribunal. 32 V., c. 37, s. 3.

5633. Except only for the recovery of penalties imposed Exemptions from seizure under this section, no one shall, between the first of May and during certhe first of November, seize or attach any boat or vessel, tackle, tain periods,. net, seine or other fishing utensils, or any provisions belonging except for penalties. to any fisherman and necessary for his subsistence or his fishing operations. 32 V., c. 37, s. 4.

without

5634. Any person taking away, without the owner's consent, Penalty for any boat belonging to another, shall, in addition to all damages, taking boats. incur a penalty not exceeding twenty dollars, over and above leave. all costs, or imprisonment of not more than one month. 32 V., 37, s. 5.

SECTION XIII.

PROVISIONS IN CONNECTION WITH TITLE ELEVENTH OF BOOK THIRD.

OF PARTNERSHIP.

(Articles 1830 and following.)

PARTNERSHIP DECLARATIONS.

§ 1-Declaration to be made by persons entering into partnership for

certain purposes.

persons asso

5635. The declaration which should be transmitted to the Declaration prothonotary and registrar under the Civil Code by all persons to be made by associated in partnership, in the Province, for trading, manu- ciated in partfacturing or mechanical purposes, or for purposes of construc- nership for tion of roads, dams, bridges or other works, or for purposes of colonization, or of settlement or of land traffic, shall be signed by

certain pur

poses.

What the declaration

shall contain.

To be filed

within a certain period. Declaration

teration in

the several members of such partnership, and if any of the said members be absent at the time, then by the members present, in their own names and for their absent co-members, under their special authority to that effect.

2. Such declaration shall be in the form or to the effect of the schedule A annexed to this section, and shall contain the names, surname, addition and residence of every partner, and the name, style or firm, under which they carry on or intend to carry on such business, and shall state the time during which the partnership has existed, and declare that the persons therein named are the only members of such partnership.

3. Such declaration shall be filed within sixty days after the formation of the partnership.

4. A similar declaration shall be filed in like manner when in case of al- and so often as any change or alteration takes place in the membership. membership of such partnership, or in the name, style or firm under which they intend to carry on business. C. S. L. C., c. 65, s. 1 §§ 1, 2 and 3.

Declaration

to be made by

trader who,

without having partners,

uses a style indicating a plurality of members.

Form and

contents of declaration.

When declaration to be made.

Changes to

tered.

§2-Declarations to be made by persons making use of a firm name.

5636. Every person who, not being associated in partnership with any other persons, for the purposes mentioned in the preceding article, uses alone, or uses with his own name as his business style, some name, or designation other than his own name alone, or uses his own name with the addition of "and company," or some other word or phrase indicating a plurality of members under the said style, must also transmit a declaration, which shall be in the form or in the terms of schedule B, hereunto annexed, and shall contain the name, surname, quality and residence of such person, and the style or firm under which he carries on or intends to carry on business, and shall also state that no other person is associated with him.

2. Such declaration shall be deposited within sixty days of the time when such style is first used.

3. All changes in the style mentioned in such registered declabe also regis- ration shall also be registered in the same manner; and so also when the person ceases carrying on business under such style or using such style so registered. 48 V., c. 29, s. 1 §§ 8, 9, 10 and 13.

Entry of declaration.

Fees, &c., thereon.

Fee on certifi

cate.

5637. The prothonotary and the registrar shall enter such declaration in a registry book which they shall keep to that effect, which book shall, at all times during office hours, be gratuitously open to public inspection.

Each may require from the person delivering such declaration the sum of fifty cents for registering it, if it does not contain more than two hundred words, and the sum of five cents for each additional hundred words.

The fee is the same for every certificate required and delivered. C. S. L. C., c. 65, s. 2; 48 V., c. 29, s. 1 § 11.

trar and pro

5638. In the case of declarations registered in conformity Indexes to be with article 5636, two indexes, in the form of schedule C, are kept by regiskept by the prothonotary and registrar, in which they shall thonotary. enter, as soon as received, according to alphabetical and filing order, in the first column of one of these books, the style mentioned in the declarations delivered to them, in the second column, the name of the person, in the third column, the date of the receipt of the declaration; and, in the first column of the other index, the name of the person, in the second column, the style; and, in the third column, the date of the filing of the same. 48 V., c. 29, s. 1 § 12.

$3.-Penalties.

5639. Every member of a partnership or person doing Penalty for business under a copartnership style, failing to comply with not complying with pro the provisions of this section, is liable to a fine of two hundred visions of this dollars, to be recovered before any court of competent civil section. jurisdiction by any person suing as well in his own behalf as in behalf of Her Majesty.

One half of such penalty belongs to the Crown, for the Application uses of the Province, and the other half to the party suing for of penalty. the same, unless the suit be brought, as it may be, on behalf of the Crown alone, in which case the whole of the penalty belongs to Her Majesty, for the uses aforesaid.

2. The provisions of the law respecting qui tam actions Other proviapply to suits for penalties under this section. C. S. L. C., cable to this sions applic. 65, s. 1 § 4. 48 V., c. 29, s. 1 §§ 14 and 15.

section.

(Grocers,) hereby

certify that we (have carried on and) intend to carry on trade

and business as (Grocers), at

the name and firm of

(or we) the undersigned, of

, in partnership under

(or, as the case may be), or I
hereby certify that I

(or we) (have carried on and) intend to carry on trade and

one thousand

in partnership with C. D.

and that the said part

day of

and that we (or I or we and the

said C. D. and E. F.,) are and have been since the said day the only members of the said partnership.

(grocer) hereby certify that I carry on and that I intend to carry on business as (grocer)

district of

under the style of

at

Form of certificate under article 1875 of Civil Code.

48 V., c. 29, Schedule B.

$4.-Certificates of formation of Limited Partnerships

5640. The certificate of the formation of partnerships en commandite or limited partnerships, mentioned in article 1875 of the Civil Code, shall be signed by the several persons forming such partnership, before a notary public, who shall duly certify the same in the following form, namely:

"We, the undersigned, do hereby certify that we have entered into copartnership under the style or firm of (B. D. & Co..) as (grocers and commission merchants), which firm consists of (A. B.) residing usually at

(C. D.) residing usually at

and

as general