'Too Well Used by His Master': Judicial Enforcement of Servants' Rights in Montreal, 1830-1845

The nineteenth century in Montreal was a formative era in the development of modern labour relations. In particular, from 1830 to 1845 the contractual nature of master-servant relations became increasingly apparent, and resort to the local courts as a mechanism for resolving master-servant disputes became commonplace. Master-servant law was comprised of sometimes-competing sources such as notarial contracts and oral agreements, provincial statutes, and municipal bylaws, as well as common law principles and judicial discretion. Other complexities resulted from the discord between the relevant laws governing such relations within the city of Montreal and beyond its limits. Through analysis of primary sources, the author examines the nature and extent of servants rights in the judicial district of Montreal during this period. He devotes particular attention to both the constituent elements of master-servant relations and the most common types of disputes. He begins with an overview of the various forms of nineteenth century labour relations in the Montreal area. Next, he undertakes to elucidate the legal nature of these relations, the roles performed by notaries, and the use of indentures to record the reciprocal contractual obligations of masters and servants. He also considers the differences in master-servant law in the two principal areas of the judicial district of Montreal. Specifically, he considers the types of suits brought within the city of Montreal and beyond its limits and the impact of the different governing laws on their chances of success. Ultimately, servants, through the courts were generally able to protect their rights by bringing suits against their masters for various forms of misconduct.

McGill Law Journal/Revue de droit de McGill

Vol. 46

491-529

2001

en