Dividend not to

shall at all times be open to inspection by any person named in that behalf by the council.

11. (1) No dividend upon the capital stock of the Assisted Comexceed six per cent. pany or other distribution of profits among the shareholders shall be declared or paid exceeding six per cent per annum in any one year. (2) Such dividend may be payable in instalments during the year. (3) If the sums paid in any year do not amount to six per cent the deficiency, with interest, may be made up in any subsequent year or years.

Profits above divi

ed.

12. (1) Any next profits received by the Assisted Company in any dend, how expend- year, and not required to pay said six per cent, or to make up a deficiency thereon, or for a reasonable contingent fund, shall be expended by the company in acquiring lands, improving its housing accommodation by way of new buildings, additions, extensions or other improvements, or in redeeming or getting in the capital stock of the company, as hereinafter provided.

Court may enforce by mandamus.

By-laws for redemption of laws.

Shareholder may bequeath his shares.

Board of Trustees and powers.

Certain shares not extinct

Council may provide moneys for redemption, etc.

Capital stock of

how used.

(2) The Supreme Court of Nova Scotia shall have jurisdiction, upon the application of the council of the city guaranteeing the company's securities, to enforce by mandamus or otherwise the carrying out of this section by the company, its directors and officers.

13. (1) The Assisted Company may, with the approval of the council of the city guaranteeing the securities, pass a by-law providing for redeeming or getting in upon such plan and terms, and at such times as may be deemed best, the whole or part from time to time of the outstanding shares in the capital stock of the company.

(2) For such purpose any available moneys, whether representing capital or otherwise, may be used. Provided always that no greater premium than ten per cent shall be paid upon the redemption or getting in of any share; provided that after five years from the first issue of guaranteed securities the company, at the request of the said council, shall pass such by-law, and any difference which may then arise respecting the terms thereof shall be settled by the Lieutenant Governor in Council.

14. Any shareholder may give or bequeath to the Assisted Company, or to the Board of Trustees established under Section 14. the whole or any part of his shares in the capital stock of the company, and the company may accept and hold the same until transferred to the said Board of Trustees.

15. The Assisted Company may, with the approval of the council of the city guaranteeing the securities, established a Board of Trustees to receive and hold the shares redeemed or got in or given or bequeathed to the company or to such board, upon such trusts and for such purposes and with such powers as may be thought expedient in furtherance of the objects of this Act and as may be declared or provided for in the instrument establishing the board. The successors of said trustees shall be appointed in the manner provided for in said instru ment. The company, with the like approval, may alter the terms of said instrument and add to or otherwise vary the trusts, purposes and powers therein mentioned; provided that after five years from the first issue of guaranteed securities the company, at the request of the said Council shall establish such Board of Trustees. Any difference which may then arise respecting the terms of the instrument establishing the Board shall be settled by the Lieutenant Governor in Council. 16. The shares redeemed or got in or given or bequeathed to the company shall not become extinct, but shall be transferred to and vested in the said Board of Trustees.

17. The council of the city guaranteeing the company's securities may from time to time furnish the company with moneys to be applied in the redemption or getting in of shares from time to time under the terms of the by-laws above mentioned, and the company shall apply such moneys accordingly.

18. No stock in the capital of the Assisted Company shall be sold or Assisted Company, disposed off for any consideration other than cash, and moneys received by the Assisted Company on account of the capital stock shall not be used for expenditures other than those connected with the carrying out of the main purposes of the company, viz., the acquisition of lands in or near the city of Halifax and the building and making thereon of dwelling houses of moderate size and improvements and conveniences, and the carrying out of the objects of this Act.

Passed May 17, 1916.

NEW BRUNSWICK,

WORKMEN'S COMPENSATION.

Chapter 36, Section 1. Section 3 of 4 George V, chapter 34, is hereby repealed and the following substituted therefor:

"3. Where in any employment to which this Act applies, personal injury by accident arising out of and in the course of the employment is caused to a workman while in the discharge of his duty, his employer shall be liable to provide and pay compensation in the manner and to the extent provided under the terms of this Act."

2. This Act shall come into force on the first day of July next and shall not apply to claims arising before that date. Passed April 29, 1916.

SEATS FOR FEMALE EMPLOYEES.

Chapter 40, Section 9 of the Act 5 Edward VII, Chapter 7, is hereby amended by adding thereto the following clause:

(a) In any shop in which young girls or women are employed, the employer shall at all times provide and keep a sufficient and suitable chair or seat for the use of every such young girl or woman and shall permit her to use such chair or seat when not necessarily engaged in the work or duty for which she was employed; and the employer shall not by any threat, rule or other intimidation expressed or implied, or by any contrivance, prevent any female employee from using such chair or seat.

Passed April 29, 1916.

HOMES FOR WORKINGMEN.

Chapter 74, Section 1. The city of Saint John is hereby authorized and empowered, as well upon any of the common lands of the said city, as upon land to be acquired under the provisions of this Act, to erect dwellings which shall be suitable for occupation by working

men.

2. The said city may let said houses to workingmen, for such term and at such rent or charge, and upon such terms and conditions, as the common council of said city shall approve, and may sell said houses to workingmen upon any system of payments, deferred or otherwise, and, subject to such terms and conditions as said common council shall approve. The said common council may deal with such letting or selling, either by general regulations or by special agreement. In the case of houses to which such general regulations are made applicable, the entry of a tenant or purchaser into possession shall be deemed an acceptance on his part of all terms and conditions so imposed by the said city, and by the said terms and conditions the said city may provide, that any such tenant shall not assign or sub-let or in any way dispose of his term or interest in the premises, either generally or for a fixed period, and may also provide that any purchaser or lessee with the option of purchasing any such house shall not let the same, nor alien his interest in the premises either before he shall be entitled to call for a conveyance of such premises from the city or within a fixed period of years thereafter, and such restraint upon alienation shall be valid and effectual in law, except that it shall not extend to prevent transmission of any estate by will or intestacy.

3. Section 1 of the Act 63 Victoria, chapter 59, is hereby amended by inserting after the words "Saint John" in the fifteenth line thereof the words "or the provision of material for making or repairing streets or highways, or for the carrying out of any project for erecting dwellings suitable for occupation by workingmen."

20712-21

4. For the purpose of defraying any expense incurred by the said city in carrying out the provisions of this Act for the acquisition of land and the erection of dwellings as aforesaid, it shall and may be lawful for the city of Saint John in common council to issue debentures, not exceeding the sum of fifty thousand dollars ($50,000), and for a term not greater than twenty years, under the provisions of section 29 of the Act 52 Victoria, chapter 27; the Act 60 Victoria, chapter 53; sections 3 and 5 of the Act 6 Edward VII, chapter 45; and sections 2 and 3 of the Act 8 Edward VII, chapter 62.

5. The common council of the said city may, from time to time, determine who shall be classed as workingmen under this Act. Passed April 29, 1916.

REGULATION OF USE, STORAGE AND TRANSPORTATION OF EXPLOSIVES.

Chapter 76-The municipality of the city and county of Saint John is hereby empowered to make by-laws and regulations, subject to the approval of the Lieutenant Governor in Council, as follows:

(a) For regulating or prohibiting the process commonly known as blasting by gun-powder, dynamite, nitro-glycerine, gun-cotton, or other combustibles or explosives.

(b) For the storage and transportation of explosives, or other dangerous materials, and to ordain that any offender against any such by-law, ordinance or regulation, shall be punished by penalty or imprisonment, or by both penalty and imprisonment, provided that no such penalty shall exceed five hundred dollars, and no imprisonment shall exceed one year; and for the hearing and the trial under New Brunswick Summary Convictions Act.

Passed April 29, 1916.

QUEBEC.

EXAMINATION AND LICENSING OF STATIONARY ENGINEERS.

Chapter 27, Section 1. The Revised Statutes, 1909, are amended by R.S. 3886n, eninserting therein, after article 3866m, as enacted by the Act 4 George acted.

V, chapter 42, section 1, a new article, 3866n, as follows:

66

3866n. 1. Notwithstanding any law to the contrary, whether gen- No further examineral or special, or any order or resolution, or any by-law passed there- ation to be requirunder by a municipality, no stationary engineer who has complied ed of a stationary with this section, who has passed his examination before the board engineer. of examiners or the examiners, and has obtained a certificate of competence, shall be bound to pass any other examination or to obtain

any license or certificate of competence from any municipal authority.

2. All provisions incompatible with this article shall have no force Inconsist-provior effect, and are hereby repealed; and no municipality may avail sions repealed. itself thereof, in any manner whatsoever, to require an examination,

a license or a certificate of competence, in order to qualify a person

to take charge of any installation of motive power."

2. This Act shall come into force on the day of its sanction.

Assented to March 16, 1916.

Coming into force.

MECHANICS' LIENS.

Chapter 52, Section 1. Paragraph 7 of article 2009 of the Civil Code, C.C., art. 2009, am. as replaced by the Act 59 Victoria, chapter 42, section 1, is again replaced by the following:

"7. The claim of the workman, supplier of materials, builder and

architect, subject to the provisions of article 2013 and following;".

2. Articles 2013, 2013a, 2013b, 2013c, 2013d, 2013e, 2013f, 2013g, 2013h, C.C., arts. 201320131, 2013j, 2013k, and 20131 of the Civil Code, as enacted, replaced or 20131 repealed. amended, as the case may be, by the Acts 59 Victoria, chapter 42, and

4 Edward VII, chapter 43, are repealed.

3. The following articles are inserted in the Civil Code in the place C.C., arts. and stead of the articles repealed by section 2, to wit:

2013-2013f. enacted.

"2013. The workman, supplier of materials, builder and architect Privilege of workhave a privilege and a right of preference over all the other creditors, man, etc. on the immoveable, but only upon the additional value given to such

immoveable by the work done or by the materials.

"2013a. The word "workman includes the artisan, the labourer Definition of term. and generally every one who makes his living by manual labour. The words "supplier of materials" include the supplier not only of raw materials but also of every manufactured object which enters into any construction.

The word "builder" includes both contractor and sub-contractor. The words "end of the work' mean the date at which the construction is ready for the use for which it is intended.

"2013b. In case the proceeds are insufficient to pay all the claims, How to arrive at the additional value given to the property is established by a relative additional value. valuation ordered by a judge, upon summary petition presented by any interested party, after such notice as the judge deems necessary.

The judge appoints, in his discretion, one or three experts, who proceed with the valuation, and make their return within the delay and according to the formalities ordered.

On the question of valuation, their decision, after homologation by

the judge, is final and unappealable.

2013c. Such privileges rank as follows:

2. The supplier of materials;

1. The workman;

Rank of
Privileges.

3. The builder;

4. The architect.

"2013d. The workman has a privilege, by reason of the work he Privilege of workhas done on an immoveable, for arrears up to twenty days, whether he man.

No registration required.

Proprietor may retain sufficient to pay privileged claims.

Builder to furnish statement.

Actions may be joined.

Privilege of supplier of material.

Registration required.

Application of privilege.

Proprietor may retain amount.

Extension of privileges.

Revendication.

Privilege of builder or architect.

Extension of privilege.

In case of sub-contract.

C.C. 2103 am.

was engaged by the proprietor or by a contractor. No formality is necessary to secure this privilege.

Such privilege shall subsist for thirty days after the end of the work, and need not be registered. But the privilege is extinguished on failure of the workman to sue his debtor within such delay, and to bring the proprietor into the case, as well as the registrar of the division in which the property is situated in order to give notice of such privilege to the latter, who must make note of the suit in the index of immoveables.

During the whole period and up to the end of the work, the proprietor is entitled to retain, on the contract price, an amount sufficient to pay the privileged claims. Any amount fixed by the sworn certificate of the architect or engineer in charge of the work shall be deemed sufficient, and, failing such architect or engineer, a like certificate may be given by a licensed architect or a duly qualified engineer of this province, who may be agreed upon by the interested parties, or, failing such agreement, appointed by a judge of the Superior Court.

The builder may not exact any payment on the contract price before he furnishes to the proprietor a statement, under his signature, of all amounts due by him for labour and materials.

Several workmen may join in one action, the costs of which shall be those of a personal action for the amount claimed.

"2013e. The supplier of materials has a privilege on the immoveable in the construction of which the materials supplied to the proprietor or builder have been used, or for the construction of which they have been specially prepared.

Such privilege, however, shall take effect only upon the registration of a notice given to the proprietor or his representative informing him of the nature and cost of the materials to be supplied, as well as the cadastral number of the immoveable property affected, and shall apply only to those furnished, or those specially prepared and not delivered, for the immoveable in question, after the receipt of such notice by the proprietor, and its registration.

In order to meet the privileged claims of the supplier of materials, the proprietor of the immoveable is entitled to retain on the contract price an amount equal to that mentioned in the notices he has received.

Such privilege is extinguished on failure of the supplier of materials to sue his debtor within thirty days after the end of the work, with the same formalities as those prescribed for the claim of the workman. The supplier of materials is also entitled, in case of the insolvency of the proprietor or builder, or in case of failure to make payment at the periods agreed upon, to revendicate the materials he has supplied, but which have not yet been incorporated into the building.

2013f. The builder, or the architect, has a privilege on the immoveable for the work he has done as such, provided that before the expiration of thirty days after the end of the work, he registers by memorial, at the registry office of the division in which the property is situated, a statement of his claim. Notice of such registration must be given, within the same delay, to the proprietor.

Such privilege is estinguished after six months following the date of the end of the work, unless the creditor take an action against the proprietor to preserve it. In such action the registrar must be called into the case, in order to give him notice of such action, and to cause him to note the same in his index of immoveables.

In the case where the builder has had the work done, either wholly or in part, by sub-contract, if the sub-contractor has notified the proprietor of his contract, such sub-contractor shall have a privilege upon the immoveable for all work done after such notification, provided that before the expiration of thirty days after the end of the work he registers a statement of his claim. Such privilege is subject to the same formalities as that of the builder or architect, in so far as concerns its creation and extinction. The proprietor, in case the sub-contractor has notified him of his sub-contract, is entitled to retain, on the contract price, an amount sufficient to meet the priv ileged claim of the sub-contractor; and any amount fixed by a certi ficate given in compliance with the formalities contained in article 2013d, shall be deemed sufficient."

4. Article 2103 of the Civil Code, as replaced by the Act 59 Victoria, chapter 42, section 3, is amended: