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CHAPTER 3.

An Act to Make Uniform the Law Respecting the Liability of the Parties in an Action for Damages for Negligence where More than one Party

is in fault.

(Passed the 19th day of March, A. D. 1926.)

Be it enacted by the Governor, Council and Assembly as follows:

1. This Act may be cited as the Contributory Title. Negligence Act, 1926.

fault.

2. Where by the fault of two or more persons Liability in damage or loss is caused to one or more of them, the proportion to liability to make good the damage or loss shall be in proportion to the degree in which each person was at fault; Provided, that:

(a) If, having regard to all the circumstances Proviso. of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally, and

(b) Nothing in this section shall operate so as to render any person liable for any loss or damage to which his fault has not contributed.

3. In actions tried with a jury the amount of Damage, fault, damage, the fault, if any, and the degrees of fault of fact for jury. shall be questions of fact for the jury.

4. Unless the judge otherwise directs, the liability Liability for for costs of the parties shall be in the same proportion tionate to liaas the liability to make good the loss or damage.

bility for damage.

5. This Act shall be so interpreted and construed Act to be inas to effect its general purpose of making uniform the construed tootlaw of those Provinces which enact it.

terpreted and

effect purpose of uniformity of law.

6. Chapter 5 of the Acts of 1925, “The Contri- Chap. 5, Acts butory Negligence Act, 1925," is repealed.

1925, repealed.

CHAPTER 4.

An Act Respecting Lands and Forests.

(Passed the 19th day of March, A. D, 1926.) Be it enacted by the Governor, Council and Assembly, as follows:

Title.

1. This Chapter may be cited as “The Lands and Forests Act."

Attorney General, Minister of 2. (1) The Attorney-General, for the time being, Lands and For- shall be the Minister of Lands and Forests, and as such

shall have the powers and perform the duties specified in this Chapter; and in this Chapter, unless the context otherwise requires, the expression “Minister" means the Attorney-General acting as Minister of Lands and Forests.

Powers, rights, duties, etc.

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(2 The Minister of Lands and Forests shall, in all matters pertaining to the lands and forests, have and exercise all the powers, rights, duties, authority and privileges which, previous to the enactment of this Chapter were had or exercised by the Commissioner of Crown Lands and the Commissioner of Forests and Game.

Minister to supervise, dir

The Minister of Lands and Forests shall have, ect and control. under his supervision, direction and control, -

Crown Lands.

(a) The management, lease, sale or other disposition of the Crown Lands;

Forest and wild lands.

(b) The surveying and recording of all forests and wild lands;

Conservation, etc. of timber lands.

(c) The conservation and protection of all forests and timber lands, whether the same are Crown Lands or are privately owned;

Game and game fish.

(d) The protection, preservation and propagation of game and game fish.

Appointment of
Chief Forester.

4. (1) To assist the Minister and under his direction perform these duties, the Governor-inCouncil shall appoint a Chief Forester, who shall hold office during pleasure and shall be paid such salary as the Governor-in-Council determines.

(2) The duties of the Chief Forester shall be:

Duties of Chief
Forester.

(a) to be in charge of all Crown Land maps, including field notes and plans, and to see that they are kept up to date by plotting new surveys thereon. When sufficient data has been obtained, he shall prepare a set of proper cadastral plans of the Province;

(b) as Chief of the Forest Ranger service, to conserve the forests and protect them from fire;

(c) to inspect the Crown Lands, and guard them against destruction or damage by trespassers;

(d) with respect to all leased Crown Lands, to see that all of the regulations in the lease are being performed;

(e) to be Chief Scaler, and as such to supervise the scaling of the timber cut on such leased Crown Lands:

(f) as Chief Provincial Surveyor, to survey Chief Provincial

Surveyor;
all Crown Lands and estimate the amount and duties
value of the timber thereon. He shall super-
vise the surveys made by the Deputy Surveyors,
and enforce the regulations of the Nova Scotia
Provincial Land Surveyors Act;

(g) to disseminate information regarding forest and game conservation, including the laws of the Province relating to the same;

(h) to further reforestation and scientific forestry;

(i) to make an Annual Report in writing to the Minister on the 30th day of September covering all of his duties, and the work performed by him therein;

(j) to enforce and carry out the provisions of this Chapter.

Chapter divid. ed into Three

5. This Chapter shall be divided into three Parts Parta.

viz:

Part I. Crown Lands, Sections 6-84.
Part II. Forests, Sections 85-114.
Part III. Game, Sections 115-207.

PART I.

CROWN LANDS.

SURVEYING.

6. The Chief Forester shall be Chief Provincial Surveyor, and his duties as such shall be:

(a) to enforce the Nova Scotia Provincial Land Surveyors Act, and all rules and regulations made thereunder;

(b) to survey and make inventories over all Crown Lands, including leased Crown Lands;

(c) to procure a proper skeleton for a cadastral map of the Province, by surveying all county and the more important base lines;

(d) to compile all field notes, either from his own surveys or those made by other persons with the object of creating and maintaining a proper cadastral map of the Province;

(e) to perform such other duties as may from time to time be prescribed by the Minister.

defined.

Kanger to see 7. (1) Every Chief Forest Ranger appointed that lines and posts are well under the provisions of Part II of this Chapter shall, marked and

on his travels in the forests observe the condition of the boundary lines, corner posts, etc., of the Crown Lands, and with the assistance of the sub-rangers see that they are kept conspicuous, well-marked and well-defined.

(2) Every Chief Forest Ranger shall, whenever Ranger to sur his other duties permit, engage in surveying and boundaries of marking the boundaries of the Crown Lands, the base lines, etc. county, township and the more important base lines in accordance with instructions furnished by the Chief Forester. To assist him in this work the sub-rangers appointed under the provisions of Part II of this Chapter shall be employed.

8. (1) The Minister may appoint such duly Appointment qualified Deputy Crown Land Surveyors as are veyors. necessary; and such Deputy Crown Land Surveyors shall be under the direction and report to the Minister or to the Chief Provincial Surveyor.

(2) Dominion Land Surveyors may be appointed Dominion Land Deputy Crown Land Surveyors for the Province be appointed. of Nova Scotia without being required to pass any examination except as to their knowledge of the laws of the Province relating to the Crown Lands.

(3) In this Chapter, unless the context otherwise "Deputy Sur requires, “Deputy Surveyor” means “Deputy Crown Land Surveyor.” 1910, c. 4, s. 8.

veyor" .

be entered in

9. (1) Field notes of all surveys made by Dep-Field notes to uty Crown Land Surveyors shall be made at the time books. of such surveys, and shall be entered in books the form of which shall be prescribed by the Minister.

Majesty

(2) Such books shall be the property of His Books property Majesty and shall be preserved and returned to the Minister as often as required, but not less than once every three years.

ments and

.

(3) Every Deputy Crown Land Surveyor shall Books, docube furnished with such books and other documents plans furnished and plans as are available and which may be required, surveyors. but such books, documents and plans shall be the property of His Majesty and shall be returned to the Minister whenever required. 1910, c. 4, s. 9.

10. The Chief Provincial Surveyor and every Surveyors to Deputy Surveyor shall give all necessary information mation respectin his power respecting the Crown Lands within any lands.

ing Crown

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