Agreements by which workmen, etc., may share in the profits of the business. Certain agree this Act. 3. It shall be lawful in any trade, calling, business, or employment, for an agreement to be entered into between the workman, servant, or other person employed, and the master or employer, by which agreement a defined share in the annual or other net profits or proceeds of the trade or business carried on by such master or employer, may be allotted and paid to such workman, servant or person employed, in lieu of or in addition to his salary, wages, or other remuneration; and such agreement shall not create any relation in the nature of partnership, or any rights or liabilities of co-partners, any rule of law to the contrary notwithstanding: and any person in whose favour such agreement is made, shall have no right to examine into the accounts, or interfere in any way in the management or concerns of the trade, calling, or business in which he is employed under the said agreement or otherwise; and any periodical or other statement or return by the employer, of the net profits or proceeds of the said trade, calling, business, or employment, on which he declares and appropriates the share of profits payable under the said agreement, shall be final and conclusive between the parties thereto and all persons claiming under them respectively, and shall not be impeachable upon any ground whatever. R. S. O. 1877, c. 133, s. 3. 4. Every agreement of the nature mentioned in the last prements within ceding section shall be deemed to be within the provisions of this Act, unless it purports to be excepted therefrom, or this may otherwise be inferred. R. S. O. 1877, c. 133, s. 4. as written Verbal as well 5. All agreements or bargains, verbal or written, between agreements be- masters and journeymen, or skilled labourers, in any trade, tween master calling or craft, or between masters and servants or labourers, and servant to for the performance of any duties or service of whatsoever nature, be binding. Tavern keepers, etc., not servant in shall, whether the performance has been entered upon or not, be binding on each party for the due fulfilment thereof; but a verbal agreement shall not exceed the term of one year. R. S. O. 1877, c. 133, s. 5.. 6. No tavern keeper or boarding-house keeper shall keep the to keep wear wearing apparel of any servant or labourer in pledge for any ing apparel of expenses incurred to a greater amount than $6, and on pledge for any payment or tender of such sum, or of any less sum due, such amount above wearing apparel shall be immediately given up, whatever be the amount due by such servant or labourer; but this is not to apply to other property of the servant or labourer. R. S.0. 1877, c. 133, s. 6. $6. How certain differences between master and servant are to be decided. 7. If after the termination of an engagement between master and servant, any dispute arises between them in respect of the term of such engagement or of any matter appertaining to it, the Justice or Justices of the Peace who receive the complaint shall be bound to decide the matter, in accordance with the provisions of this Act, and as though the engagement be tween the parties still subsisted: but proceedings must be taken Proviso. made with Ontario to be 8. (1) Any agreement or bargain, verbal or written, express Agreements 8.-(1) or implied, which may hereafter be made between any person residents out and any other person not a resident of Canada, for the per- of Canada for formance of labour or service, or having reference to the service in performance of labour or service by such other person in the void. Province of Ontario, and made as aforesaid, previous to the migration or coming into Canada, of such other person whose labour or service is contracted for, shall be void and of no effect, as against the person only so migrating or coming. (2) Nothing in this section shall be so construed as to pre- Exception. vent any person from engaging under contract or agreement skilled workmen, not resident in Canada, to perform labour in Ontario in or upon any new industry not at present established in Ontario, or any industry at present established if skilled labour for the purpose of the industry cannot be otherwise obtained; nor shall the provisions of this section apply to teachers, professional actors, artists, lecturers, or singers. 49 V. c. 27, ss. 1, 2. SUMMARY PROCEEDINGS BEFORE JUSTICES. tices of the 9. Any one or more of Her Majesty's Justices of the Peace Duties of Jusmay receive the complaints upon oath of parties complaining peace on reof any contravention of the preceding provisions of this Act, ceiving comand may cause all parties concerned to appear before him or plaints. them, and shall hear and determine the complaint in a summary and expeditious manner. R. S. O. 1877, c. 133, s. 9. 10. Where the Justice takes the evidence of the com- What evidence plainant in support of his or her claim, the said Justice shall to be taken. be bound to take the evidence of the defendant also, if tendered. R. S. O. 1877, c. 133, s. 10. 11. Complaints against any person under this Act may be Complaints prosecuted and determined in any county in which the person may be in any complained against is found. R. S. O. 1877, c. 133, s. 11. County. servants 12. Any one or more of the Justices, upon oath of such Complaints by servant or labourer against his master or employer concerning for non-payany non-payment of wages, may summon the master or ment of wages. employer to appear before him or them at a reasonable time to be stated in the summons, and he or they or some other Justice or Justices shall, upon proof on oath of the personal service of the summons, examine into the matter of the 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 employ Time within which pro ceedings may be taken. ment of the master, and may direct the payment to him of any wages found to be due, not exceeding the sum of $40, and the Justice or Justices shall make such order for payment of the said wages as to him or them seems just and reasonable, with costs, and in case of the non-payment of the same together with the costs for the space of twenty-one days after such order has been made, the Justice or Justices shall issue his or their warrant of distress for the levying of the wages, together with the costs of conviction and of the distress, R. S. O, 1877, c. 133, s. 12. 13. Proceedings may be taken under this Act within one month after the engagement or employment has ceased, or within one month after the last instalment of wages under the Work done in agreement of hiring has become due, whichever shall last happen; and proceedings under section 12 may be had for nonpayment of wages in respect of service or labour performed in Ontario upon a verbal agreement or bargain made out of Ontario. 47 V. c. 21, s. 1. Ontario under agreement made out of Ontario. Mode of appeal. Notice of appeal. APPEALS. 14. All appeals from or against any conviction or order for the payment 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, holden in the division in which the cause of action arose, or in which the party complained against, or one of them, resided at the time of the making of the complaint; and in case of dismissal of the appeal or affirmance of the conviction, order or decision, the Court appealed to 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 payment of the costs awarded, and shall, if necessary. issue process for carrying such judgment into effect. R. S. O. 1877, c. 133, s. 13; 43 V. c. 8, s. 50. 15. The person proposing to appeal shall give to the opposite party a notice in writing of his appeal, and of the cause or inatter 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 approved 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 the Court awarded, and upon the notice being served and bond executed and filed with the clerk, all proceedings on the order, conviction or decision appealed against shall be stayed until the determination of the appeal. 43 V. c. 8, s. 51. 16. The clerk shall, on the bond and notice of appeal with Case to be entered by an affidavit of service thereof being filed in his office, enter the clerk. cause in his procedure book, and the appeal may be tried with a jury if the appellant file with the clerk at the time of filing the bond a notice requiring a jury, or if the respondent, within four days after the service of the notice of appeal upon him, file 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 may summon a jury from the body of the Court as to him seems meet. 43 V. c. 8, s. 52. in case of ap 17. In case of the dismissal of the appeal or affirmance of the Proceedings conviction, order or decision, the Judge may order and adjudge peal dismissed the offender to be punished according to the conviction or or affirmed. order, or he 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 officers 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 appellant, the Judge may order the bond to be delivered up to the respondent, who shall be entitled to recover the amount due him with costs in any Division Court having jurisdiction. 43 V. c. 8, s. 53. CHAPTER 140. An Act to facilitate the adjustment of disputes between Masters and Workmen. Short title. Board of 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 Trades Arbitration Act.” R. S. O. 1877, c. 134, s. 1. 2. Any number of masters and workmen resident and Arbitration. actually engaged at the time of filing the memorandum hereinafter mentioned in carrying on or working at any particular trade, occupation, or employment, in any city, town, township or village in this Province, may at a meeting specially convened for that purpose, agree to form a Board under this Act for the friendly settlement of differences between masters and workmen. R. S. O. 1877, c. 134, s. 2. Memorandum 3. (1) The masters and workmen shall jointly sign a mem to be signed. orandum, whereby it is mutually agreed to establish such Board. (2) The memorandum shall set forth the number of the members of the Board, and also the names, occupation and residence of the signers of the memorandum, and shall be in the form of the Schedule to this Act, or to a similar effect. R.S.O. 1877, c. 134, s. 3. |