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of the Provincial Highway Fund as consists of sums appropriated by the Governor-in-Council in respect of the Counties of Inverness and Victoria under the provisions of Chapter 28 of the Acts of 1912, but nothing in this section shall be construed to restrict or limit the liability of the Province to pay said interest or the amount payable each year for such sinking fund.
An Act to Amend the Law as to Contributory Negli
(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 "Contributory Negligence Act, 1925."
2. In this Act "Plaintiff" shall include a Defendant counter-claiming and "Defendant" shall include a Plaintiff against whom a counter-claim is brought.
action founded 3. In any action or counter-claim for damages on negligence. hereafter brought which is founded upon fault or negligence, including actions brought under "The Fatal Injuries Act", if a plea of contributory fault or negligence shall be found to have been established, the jury, or the judge in an action tried without a jury, shall find:
First: The entire amount of damages to which the Plaintiff would have been entitled had there been no such contributory fault or neglect
Secondly: The degree in which each party was in fault and the manner in which the amount of damages found should be apportioned so that the Plaintiff shall have judgment only for so much thereof as is
proportionate to the degree of fault imputable to the Defendant.
ment of dama
4. Where the judge or jury finds that it is not, Where appointupon the evidence, practicable to determine the res- ges imprasticpective degrees of fault the Defendant shall be liable able. for one-half the damages sustained.
An Act Relating to Local Hospitals.
(Passed the 7th day of May, A. D., 1925).
Be it enacted by the Governor, Council, and Assembly, as follows:
1. In this Act, unless the context otherwise re- Interpretation. quires:
(a) "Hospital" means a local hospital receiving aid under the provisions of Chapter 54, Revised Statutes, 1923, "Of Local Hospitals;"
(b) "Board" means the governing body of such hospital;
(c) "Superintendent means the superintendent of such hospital;
(d) "Municipality" means a city, town or municipality;
(e) "Settlement" means a settlement within the meaning of "The Poor Relief Act."
2. Subject to such conditions and regulations as Compulsory the Board may from time to time make, all persons patients. having a settlement in any Municipality which furnishes aid to such hospital under the provisions of said Chapter 54 shall be admitted to such hospital when there is accommodation, upon making application therefor to the Superintendent of such hospital.
Permissive ad- 3. Subject to such conditions and regulations as the Board may from time to time make, persons not having a settlement in any municipality which grants aid to such hospital may be admitted to such hospital when there is accommodation, upon making application therefor to the Superintendent of such hospital.
4. (1) Unless arrangements are made by the of admission. patient, or on his behalf, for payment of his maintenance and treatment, the Superintendent shall, immediately upon the admission of any patient, notify by registered letter the clerk of the municipality from which such patient represents himself, or is represented as being brought, that such patient has been admitted to the hospital, giving any other necessary particulars to enable the clerk to identify the patient and unless the clerk within fourteen days after the mailing of such notice shall notify the Superintendent in writing that such patient has no settlement in the municipality, such patient shall be deemed to have a settlement therein and for the purposes of this Act the maintenance of such patient shall be chargeable to such municipality.
Notice of discharge and liability for patient.
(2) Such notification to the Superintendent shall contain any information in the possession of any of the officers of such municipality which may assist the Superintendent in determining the settlement of such patient.
(3) Upon the discharge of any such patient (not being a paying patient) from the hospital, or upon the death of such patient while in the hospital, the Superintendent shall forthwith notify the clerk of municipality in which the settlement of such patient has been determined in the manner herein before provided, or if such settlement has not been determined, then the clerk of the municipality from which such patient was admitted. Such notification shall be by prepaid registered letter addressed to such clerk. There shall be enclosed in such letter a statement showing the amount, if any, claimed to be due to the hospital on account of the care, maintenance and nursing of such patient whilst in the hospital. Such statement shall show the number of days' treatment or length of stay of such patient in the hospital and all payments, if
any, made by or on behalf of such patient on account of his care, maintenance and nursing and the amount due and unpaid therefor the correctness of which, if possible, shall be certified by such patient, and thereupon such municipality shall become liable to the Board for the amount of such claim, if at the time of admission of such patient he had a settlement on the municipality or if the municipality has failed to notify the Superintendent as herein before provided. Provided, however, that the amount of such liability shall in no case exceed the sum of two dollars for each day's actual treatment and stay of such patient in the hospital. Every such liability shall, subject to the provisions of the next succeeding section, be enforceable as a debt due from the Municipality to the Board, and at the expiration of sixty days from the mailing of such claims as aforesaid bear interest at the rate of six per cent. per annum.
5. If a Municipality shall dispute any claim or ac- Procedure when count rendered as aforesaid by the Superintendent in puted. respect of a patient in regard to whose settlement notice has been given to such Municipality in the manner by the last preceding section required, the clerk of the municipality shall notify the Superinten-. dent in writing within fourteen days after the mailing of such statement, and in such case the whole matter shall be referred to the Board and the clerk of such municipality, who shall, after making such enquiry as it deems necessary, determine the question of liability and fix the amount due from such municipality. The decision of the Board and clerk shall be final and conclusive and the amount so fixed shall be enforceable as a debt due the Board.
persons having no settlement.
6. If the settlement of any patient admitted to the Expenses of hospital (other than those maintained out of the "Sick Mariners' Fund") is not in any municipality of the province, the expenses of the maintenance shall be chargeable to the province and payable out of the Provincial Treasury.
7. Should any patient in the public ward of said Removal of hospital be declared by the Superintendent to be in-patients. curable or unsuitable for hospital treatment, the municipality in which he had a settlement shall remove him
Action by municipality for account.
Appropriation etc. by munici
when requested to do so, and, in case of failure to do so after three weeks' written notice by registered mail from the hospital, shall be liable for and shall pay to the hospital the rate so determined by the Board and clerk without any deductions as long as such patient remains in the public ward of the hospital.
8. Upon payment by any municipality of an account or claim of said hospital for the maintenance, care and nursing of a public ward patient as hereinbefore mentioned, the patient, his executors or administrators, the father, grandfather, mother, grandmother, children and grandchildren of such patient, if in the judgment of the council of the said municipality they are possessed of sufficient means, and the municipality within which, if any, such patient has a settlement, shall immediately become jointly and severally liable for and shall pay to the first mentioned municipality the amount of the account or claim so paid, and the said amount may be collected by the said first mentioned municipality as an ordinary debt by action or suit in any court of competent jurisdiction; the said action or suit shall be instituted by the clerk of said first mentioned municipality in the name of that municipality.
9. Every municipality shall have the power to palities author-vote, collect, receive, appropriate and pay all sums of money required by the municipality for any of the purposes of this Act.
Admission of 10. Nothing in this Act shall be construed so as to require any hospital to receive a patient suffering from pulmonary tuberculosis.