tice the full value of the apprentice's labor, and such value shall be what the master would have received from the labor and service of the apprentice, if he had continued faithfully in his master's service, and the master may recover the same in any Court having jurisdiction where the apprentice has been employed, or where the master resides. C. S. M. c. 40, s. 22. such servants. 15. Any person knowingly harboring or concealing any Harboring apprentice or servant engaged by written contract or agree- and liability ment, or by a verbal agreement, who has abandoned the therefor. service of his or her master or mistress, or instigating any apprentice or servant to abandon such, or keeping such apprentice or servant in his or her service after being notified of the fact of such abandonment in writing, shall be liable, on conviction as aforesaid, to a like penalty as aforesaid, besides costs; but nothing in this section shall prevent any person offending as aforesaid from being also proceeded against for damages in any Court of competent jurisdiction by any person interested or suffering such loss or damage by reason of such abandonment. 46 and 47 V. c. 33, s. 5. MISCONDUCT OR DEFAULT OF MASTER. for. 16. Any justice of the peace or police magistrate, on com- Penalty plaint being made before him on oath, by any apprentice against his master, for refusing necessary provisions, or for misusage, cruelty or ill-treatment, may cause the master to appear before him to answer the complaint, and shall thereupon hear and determine the complaint, and on conviction may levy on the offender a fine not exceeding twenty dollars and issue a warrant of distress to collect the same and costs, and, in default of satisfaction by distress, may direct the offender to be imprisoned in a common gaol for a term not exceeding one month, unless the fine and all costs be sooner paid. C. S. M. c. 40, s. 17. of wages. 17. Any person in the employment, or who has been in the Non-payment employment, of another within the period hereinafter limited for laying a complaint or information, and having just cause of complaint against his employer, master or mistress for nonpayment of wages actually earned in the service of such employer or legally payable under the contract or 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 whom it is brought be well founded, shall be and penalty. 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 Consequences. 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 one hundred 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. 46 and 47 V. c. 33, s. 6; 48 V. c. 33, s. 12. Complaint may be heard by J. P. PROSECUTIONS. 18. Any information or complaint founded upon any contravention of any of the provisions of this Act may be heard and determined before any justice or justices of the peace or police magistrate, in the municipality in which the person complained against resides or, in case of a clerk, journeyman, apprentice or servant deserting his or her service, then in the municipality in which such clerk, journeyman, apprentice or servant is found, and such justice, justices or magistrate 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 supposed infracMay be taken tion of any such provisions, may be sued for in the County Court for the Judicial District where the defendant resides, or has his or her fixed place of abode. 46 and 47 V. c. 33, s. 7, s. 12, part; 52 V. c. 35, ss. 1, 4, parts. to County Court. J. P. to order time of payment, other warrant of distress. 19. Any penalty or sum of money ordered to be paid under the authority of this Act, including costs, may be SO wise to issue ordered to be paid forthwith, or within such time as the said justice, justices or magistrate shall name; and in case of the non-payment thereof as so ordered, the said justice, justices or magistrate may issue his or their 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. 46 and 47 V. c. 33, s. 8. Authority of J. P. in de-. termining 20. In case of any sum of money being due and payable for wages or otherwise by any master or complainant in any particulars of proceeding had or taken under the eighth, ninth or tenth section of this Act in which a conviction for any penalty or penalty and costs shall be had or obtained, the said justice justices 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, justices or magistrate, and may further discharge said master or complainant from the payment of any 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, justices or magistrate, or of his or their 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. 46 and 47 V. c. 33, s. 9. 21. The said justice, justices or magistrate shall have Costs. power, in dismissing any complaint or otherwise, in his or their discretion, to order the complainant to pay the costs of the proceeding, to be recovered by distress or order as herein mentioned. 46 and 47 V. c. 33, s. 10. 22. Except as hereinbefore provided, complaints or prose- Time to prosecutions against any person under this Act shall be laid or to 6 months. commenced within six months after the offence has been committed or cause of complaint has arisen; and no complaint, prosecution, conviction or other proceeding under this Act shall be considered 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 there under are within the spirit and intent therof. 46 and 47 V. c. 33, s. 12, part. hereunder to Prov. Treas. 23. All pecuniary penalties imposed by this Act shall be Penalties paid over, forthwith after the same have been received or be paid to the recovered, to the Provincial Treasurer, to form part of the Consolidated Revenue Fund of the Province. 46 and 47 V. c. 33, s. 11. 24. Except as hereinafter provided, any person who thinks Appeal. 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, justices or magistrate, as aforesaid, under this Act, may appeal therefrom in the same manner as is provided in the Act of the Parliament of Canada known as "The Summary Convictions Act;" and in case of dismissal of the appeal or affirmance of the conviction, order or decision, the Court ap- Power of pealed 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, 46 and 47 V. e. 33, s. 13. Court thereon. 3-A No appeal from judgment of police magis trate where amount $25 or under. 25. There shall be no appeal from any judgment rendered or any order made under the provisions of this Act in any case where the amount for which such judgment is rendered or order made does not exceed the sum of twenty-five dollars, and where witnesses have been heard and the judgment has been rendered or order made by any police magistrate having jurisdiction in the territorial division in which the judgment or order may have been rendered or made. 49 V. c. 2, s. 1: 50 V. c. 25, s. 1. |