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(3) Payment made to the trustee or trustees ap- Payment to pointed as herein before provided shall discharge the
47. (1) Where no trustee is appointed to receive Payment of the shares to which minors or other persons who are minors etc. under disability are entitled, or where a trustee is named, but refuses or neglects to act, the shares of such minors or other persons under disability may be paid to a guardian or tutor or trustee of such minors or to a curator, committee or trustee of such other persons under disability duly appointed under the law of this province.
(2) Where insurance money not exceeding two Minors, apthousand dollars is payable to the husband and child- guardians for. ren or to the wife and children, or to the children of the person whose life is insured, and one or more of the children are minors, the court may, if the wife is the mother of such minors, appoint her their guardian, or if the husband is the father of such minors, appoint him their guardian, with or without security, and the insurance money may be paid to him or her as guardian.
(3) Where it appears that a guardian, tutor, cur- Payment to ator, committee or trustee of minors or other bene- appointed in ficiaries under disability has been appointed in a for- foreign eign jurisdiction, and that the minors or other beneficiaries are resident within that jurisdiction, the court may authorize payment of the insurance money to the guardian, tutor, curator, committee or trustee with or without security in the province.
bate for insur
(4) Where probate of a will or letters of administra-Fees on protion or letters of guardianship are sought for the sole ance purposes. purpose of obtaining insurance money, the total fees payable thereon shall be as follows:
Where the insurance money does not
Where the insurance money exceeds
Where the insurance money exceeds
The wearing apparel and similar personal effects of the deceased shall not be considered in determining whether such probate or letters are sought for the sole purpose of obtaining insurance money.
PAYMENT INTO COURT.
48. (1) Where the insurer admits liability for the insurance money or any part thereof, and,
(a) there are adverse claimants; or,
(b) the place of abode of a person entitled is unknown; or,
(c) there is no person capable of giving a valid discharge
the insurer may, at any time after the expiration of one month from the maturity of the contract, apply to the court for an order for payment of the money into
(2) Where the insurer admits liability for the insurance money or any part thereof payable to a minor and there is no person capable of giving a valid discharge therefor, the insurer may at any time after the expiration of one month from the maturity of the contract, pay such money, less the costs mentioned in Sub-section 3, into court to the credit of the minor.
(3) The insurer may retain out of the insurance money for costs ten dollars if the amount does not exceed one thousand dollars, and fifteen dollars, in other cases, and payment of the remainder into court shall discharge the insurer.
(4) No order shall be necessary for payment into court under Sub-section 2, but the Prothonotary or other proper officer shall receive the money upon the insurer filing with him an affidavit showing the amount payable and the name, date of birth and residence of the minor, and upon such payment being made the insurer shall forthwith notify the Superintendent of Neglected and Delinquent Children and deliver to him a copy of the affidavit.
49. Where the insurer does not within two months Order by Court on default of after due proof of the claim, pay the insurance money payment. to some person competent to receive the same under this Act or into court, the court may, upon application of any person, order that the insurance money, or any part thereof, be paid into court or may make such other order as to the distribution of such money as to the court may seem just, and payment made in accordance with such order shall be a sufficient discharge to the insurer.
50. The court may order the costs incurred upon or in connection with any application or order made under Sections 48 or 49 to be paid out of the insurance money or by the insurer or the applicant or otherwise as may seem just.
ACCIDENT INSURANCE AND SICKNESS INSURANCE
51. (1) The provisions of this Act except Sub- Accident and section (2) of Section 11 and Section 12 shall apply ance, applicamutatis mutandis to contracts of accident insurance and to contracts of sickness insurance.
(2) For the purposes of this Act
(a) "Accident Insurance" means insurance against loss arising from accident to the person of the insured;
(b) "Sickness Insurance" means insurance other than life insurance against loss through sickness or disability of the insured not arising from accident or old age.
(3) In every contract of accident insurance the event insured against shall include any bodily injury occasioned by external force or agency and happening without the direct intent of the person injured or as the indirect result of his intentional act, and no term, condition, stipulation, warranty or proviso of the contract varying the obligation or liability of the insurer shall, as against the insured, have any force or validity, but the contract may provide for the exclusion from the risks insured against of accidents arising from any hazard or class of hazard expressly stated in the policy.
tion of Acts to.
CONSTRUCTION OF ACT.
Construction of Act.
52. This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of those provinces which enact it.
53. Chapter 188 of the Revised Statutes, 1923, is repealed.
An Act to Authorize an Inquiry respecting the Interests of Nova Scotia Prejudiced by the Economic System of the Dominion of Canada.
(Passed the 7th day of May, A. D., 1925.)
Whereas, on the 29th day of April, A. D., 1925, the House of Assembly passed a Resolution in which among other things it was resolved as follows:
Be it Further Resolved, that it is also the opinion of this House that the Governor-in-Council should proceed with the least possible delay to prepare or cause to be prepared a statement of the particulars in which the interests of Nova Scotia have been prejudiced by the economic system of the Dominion of Canada, and should make application to the Government and Parliament of Canada for appropriate redress and equitable remedies.
Be it therefore enacted by the Governor, Council, and Assembly, as follows:
Commissioner, 1. The Governor-in-Council is authorized and empowered to appoint a person or persons as a Commissioner or Commissioners to inquire into and concerning what interest of Nova Scotia and in what respects such interests have been prejudiced by the economic system of the Dominion of Canada and to report thereon to the Governor-in-Council.
Such Commissioner or Commissioners shall Commissioner, have for the purposes of the inquiry all the powers, privileges of. privileges and immunities which any Commissioner appointed under The Public Inquiries Act has.
An Act Respecting a Provincial Loan for Highways
(Passed the 7th day of May, A. D., 1925).
Be it enacted by the Governor, Council, and Assembly, as follows:
1. This Act may be cited as "The Provincial Title. Loan (Highways) Act, 1925."
2. The Governor-in-Council is authorized to raise Authority to by way of loan on the credit of the Province the sum of seventy thousand dollars for the public service.
3. The sum realized from the sale or disposal of Purpose. debentures of Nova Scotia or of Nova Scotia stock issued for the purpose of raising the said sum of seventy thousand dollars, or any part thereof, shall be paid into the Provincial Treasury, shall form part of the Provincial Highway Fund, and shall be used and applied for the purpose of building a highway from Cape Rouge to Cape North.
4. Commencing in the year next after the issue of Interest and debentures or stock under this Act a sinking fund shall sinking fund. be established at such rate per centum per annum as the Governor-in-Council deems necessary to provide a sum sufficient to pay said debentures or stock when same are due and payable, and said sinking fund may be applied in the purchase of said debentures or stock in the market. The amount due each year for interest on said debentures or stock and the amount payable each year for said sinking fund shall, notwithstanding anything to the contrary contained in any Act of the Legislature of Nova Scotia, be paid out of such part