to her as an unmarried woman; and any married woman may be sued or proceeded against separately from her husband in respect of any of her separate debts, engagements, contracts or torts as if she were unmarried. 44 V. c. 11, s. 78.

Act not to affect marriage settlements, &c.

EFFECT OF MARRIAGE SETTLEMENT.

35. Nothing in this Act shall be construed to prevent any ante-nuptial settlement or contract being made in the same manner and with the same effect as such contract or settlement might have been made if this Act had not been passed: but, notwithstanding any such contract or settlement, any separate real or personal property of a married woman, acquired either before or after marriage and not coming under or being affected by such contract or settlement, shall be subject to the provisions of this Act in the same manner as if no such contract or settlement had been made; and as to such property, and her personal earnings, and any acquisition therefrom, such woman shall be considered as having married without any marriage contract or settlement. C. S. M. c. 65, s. 18.

H

ER MAJESTY, by and with the advice and consent of the
Legislative Assembly of Manitoba, enacts as follows:—

SHORT TITLE.

1. This Act may be cited as The Master and Servant's Short title. Act."

CONTRACTS OF SERVICE.

in writing.

2. Every contract of hire for personal service for a period Contract to be longer than a year shall be in writing and signed by the party charged therewith, and no voluntary contract of service or

more than

Not to bind for indenture entered into by any parties shall be binding on them or either of them for a longer term than nine years from the date of such contract. 46 and 47 V. c. 33, s. 1.

nine years.

TRANSFER OF APPRENTICE.

Death of master.

Transfer by naster.

3. If the master of an apprentice die, the apprentice, if a male, shall by act of law be transferred to the person, if any, who continues the establishment of the deceased; and such person shall hold the apprentice upon the same terms as the deceased, if alive, would have done. C. S. M. c. 40, s. 9.

4. A master may transfer his apprentice, with his consent, to any person who is competent to receive or take an apprentice, and who carries on the same kind of business. C. S. M. c. 40, s. 10.

RESPECTIVE DUTIES OF MASTER AND APPRENTICE.

Master's duties.

Duties of apprentice.

5. Every master shall provide his apprentice, during the term of his apprenticeship, with suitable board, lodging and clothing, or such equivalent therefor as is mentioned in the indenture, and shall also properly teach and instruct him, or cause him to be taught or instructed, in his trade, profession or calling. C. S. M. c. 40, s. 11.

6. Every apprentice shall, during the term of his apprenticeship, faithfully serve his master, and shall obey all his lawful and reasonable commands, and shall not absent himself from his service, day or night, without his master's consent. C. S. M. c. 40, s. 12.

DISCHARGE OF CONTRACT OF APPRENTICESHIP.

Indenture may be avoided.

7. If any apprentice become insane, or be convicted of a felony, or be sentenced to the penitentiary, or abscond, his. master may, within one month then next ensuing, but not upwards, avoid the indenture of apprenticeship from the time he gives notice in writing of his intention so to do to the other parties to the indenture, either by serving them with the notice or a copy thereof, or by inserting the same in the Manitoba Gazette or in a newspaper of the municipality where the master's establishment is situated. C. S. M. c. 40,.

s. 23.

MISCONDUCT OF SERVANT OR APPRENTICE.

of servants.

8. Any clerk, journeyman, apprentice, servant or laborer Misconduct engaged, bound or hired, either by a written contract or agreement or by a verbal agreement, for any period of time, who is guilty of ill-behaviour, drunkenness, refractory conduct or idleness, or of deserting from his or her service or duties, or of absenting himself or herself by day or night without leave from his or her said service or employment, or from the house or residence of his or her employer, or who refuses or neglects to perform his or her just duties, or to obey the lawful commands which may be given him or her by his or her master or mistress, or who is guilty of dissipating his or her master's property or effects, or of any unlawful act that may affect the interests of his or her master or mistress injuriously, shall be liable, upon conviction thereof, to a penalty not exceeding twenty dollars besides costs, and, in default of payment therof, to imprisonment in the common gaol of the Judicial District in which such conviction was made for a period not exceeding Penalty. one month. 46 and 47 V. c. 33, s. 2; 52 V. c. 35, s. 3.

work or job.

9. Any domestic servant, journeyman or laborer engaged Abandoning by the month or longer or shorter period of time, or by the piece or job, who deserts or abandons the service or job, or who neglects or refuses to perform the job or work for which he or she was engaged, before the time agreed upon or before the completion of the agreement, shall for each offence of such nature be liable, on conviction as aforesaid, to a like penalty Penalty. as that provided in the last preceding section. 46 and 47 V. c. 33, s. 3.

Servants

engaged out of

to be bound by such agree

ment.

10. Any clerk, journeyman, apprentice, servant or laborer, engaged, bound or hired as provided for in the eighth section the Province of this Act in any part of the Dominion of Canada or of the United Kingdom of Great Britain and Ireland, or in any foreign country, for any period of time within the provisions of this Act, for services, work or labor to be rendered or performed in this Province, shall be fully bound by such agreement as if the same were made and entered into in this Province, and shall be liable to the penalty above mentioned, on a like conviction:

(a.) Provided, always, that at the time of entering into such Proviso. engagement he or she was clearly engaged to service in this Province, or to perform such work, job or contract in this Province; and

recover re

penses, &c.

(b.) Provided, also, that nothing herein contained shall pre- Employer may vent any employer from recovering by due course of law from payment of exany person who shall forfeit his or her engagement or neglect to perform his or her duties, as set forth in any such engagement and as provided for herein, re-payment of all moneys paid out for passage or other expenses incurred by any

Apprentice absenting himself.

Apprentice refusing to obey orders.

Limit for prosecution.

employer in bringing any such clerk or journeyman, apprentice or domestic servant or laborer to the Province, or from recovering, as aforesaid, any damages resulting from ill-behaviour, or neglect or refusal of any person above mentioned to fulfil his or her engagement, or to perform the job, work or labor for which he was engaged, in addition to the said fine or penalty hereinbefore provided for. 46 and 47 V. c. 33, s. 4.

11. In case any apprentice absent himself from his master's service or employment before the time of his apprenticeship expires, he may at any time thereafter, if found in Manitoba, be compelled to serve his master for so long a time as he has so absented himself, unless he make satisfaction to his master for the loss sustained by such absence. c. 40, s. 19.

C. S. M.

12. In case an apprentice refuse to serve as in the last preceding section required, or to make such satisfaction to his master, or to obey the lawful commands of his master, or in any other way refuse or neglect to perform his duty to his master, and if the master, or his overseer or agent, complains on oath to a justice of the peace or police magistrate, either in any municipality where the master resides or in any municipality where the absconding apprentice is found, such justice or police magistrate may cause the apprentice to be summoned to appear, or to be apprehended and brought, before him or before some other justice of the peace; and such justice, upon hearing the complaint, shall determine what satisfaction shall be made by the apprentice to the master; in case the apprentice do not give or make such satisfaction immediately or, in

case the satisfaction be of such a nature as not to admit of immediate performance, if he do not give sufficient security to make such satisfaction or evidence that he will do so, then the justice or police magistrate may commit the apprentice to a common gaol for any time not exceeding three months, and such imprisonment shall not release the apprentice from the obligation to make up the lost time to the master. C. S. M. c. 40, s. 20.

13. Where the apprentice has not left Manitoba or, having left Manitoba, has returned thereto, the master shall not proceed against the apprentice under the two last preceding sections, except within the three years next after the expiration of the term for which the apprentice contracted to serve or next after his return, as the case may be. C. S. M. c. 40, s. 21.

Harboring apprentice.

HARBORING ABSCONDING SERVANT.

14. Any person who knowingly harbors or employs an absconding apprentice shall pay to the master of the appren