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Law of Servants and the Servants of Law: Enforcing Masters' Rights in Montreal, 1830-1845
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| Author/collaborator |
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| Title |
Law of Servants and the Servants of Law: Enforcing Masters' Rights in Montreal, 1830-1845
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| Abstract |
The law governing masters and servants offers a unique point from which to examine the history of Montreal labour law during the early nineteenth century. The author examines the methods by which masters attempted to enforce their employment rights in the judicial district of Montreal during the years 1830 to 1845. Using primary sources from various Montreal court records, the author reconstructs the judicial and quasi-judicial processes that accompanied the manifold master-servant disputes. He concludes that while the letter of the law may have favoured masters, courts were relatively even-handed in adjudicating such disputes. He examines the role of newspaper advertisements as tools for protecting masters rights. Through analysis of these advertisements the author paints a portrait of master-servant relations at that time. The author also focusses on the role of courts in interpreting disputes -- especially those involving desertions of indentured servants. While the author concentrates his attention on the role of courts within the city of Montreal, he also draws a comparison with the role of courts outside the city limits. Although many similarities existed between the respective courts, there nevertheless remained significant differences.
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| Publication |
McGill Law Journal/Revue de droit de McGill
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| Volume |
Vol. 46
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| Pages |
779-836
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| Date |
2001
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| Language |
en
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| URL | |
| Citation |
Pilarczyk, Ian C. “Law of Servants and the Servants of Law: Enforcing Masters’ Rights in Montreal, 1830-1845.” McGill Law Journal/Revue de droit de McGill Vol. 46 (2001): 779–836. http://lawjournal.mcgill.ca/userfiles/other/3788720-46.3.Pilarczyk.pdf.
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