and all kinds of insecticides and fungicides, power spraying outfits, hand pumps and all other commodities or material incidental to the use of the same, nails, pulp heads, paper and all material necessary for the purpose of packing fruit and farm produce, flour, feeds and all milling produce, artifical fertilizers of all kinds, seeds, farming implements, tools and waggons, and all manner of merchandise.' of Section 1, Acts 1908, 2. Paragraph (b) of the said section is hereby Paragraph (b) amended by inserting before the word "storehouses" Chapter 33, in said paragraph, the word "stores" and by inserting amended." before the word "warehousemen" where it occurs therein the words "storekeepers and" CHAPTER 46. An Act to amend the Nova Scotia Temperance Act. Be it enacted by the Governor, Council, and Assembly, as follows: Chapter 2 of the Acts of 1910, "The Nova Scotia Temperance Act, 1910," and Chapter 33 of the Acts of 1911, are amended as follows: 1. Section 1 of said Chapter 2 of the Acts of 1910, Section 1, is amended by striking out the figures "1910." Chapter 2, Acts 1910, amended. Section 36. Acts 1911, 2. Sub-section (1) of section 36 of said Chapter 33 Sub-section (1), of the Acts of 1911, is amended by inserting immedi- Chapter 33, ately after the word "Inspector" in the first line of amended. said section, the words "constable or other peace officer." Sub-section (2), Sub-section (7), Section 36, amended. Sub-section 3. Sub-section (2) of said section 36 of said Chapter 33 of the Acts of 1911 is amended by inserting immediately after the word "Inspector" in the first line thereof, the words "constable or other peace officer." 4. Sub-section (7) of said section 36 of said Chapter 33 of the Acts of 1911, is amended by striking out all the words after the word "destroyed" in the seventh line of said sub-section. added to Sec- 5. Said section 36 of said Chapter 33 of the Acts tion 36, Chap- of 1911 is amended by adding thereto the following ter 33, Acts 1911. Shipper, con signee and and no claim be sold. sub-section: (10) Where the shipper, consignee and owner of owner unknown liquor seized under sub-section (1) or sub-section (2) ant, liquor may of this section, are all unknown, and no person, within the period of thirty days after such seizure, claims such liquor as shipper, consignee or owner, a magistrate, upon the production of an affidavit setting out the facts, may order that such liquor and any vessels containing the same, shall be forfeited to His Majesty and destroyed. Fees payable. Duty of Council. Police Commission, etc. 6. The fees payable in proceedings under “The Nova Scotia Temperance Act," shall be those prescribed for like services under Part XV of the Criminal Code. 7. It shall be the duty of the Council and of every member of the Council and of the Police Commission, the Police and Temperance Committee and of every Police Officer and Inspector in every municipality, town or city to encforce the provisions of this Act and to take such proceedings as may be necessary for the punishment of any offenders thereunder. Be it enacted by the Governor, Council, and Assembly, as follows: of Section 2, 1910, amended. 1. Sub-section (2) of section 2 of Chapter 3 of the Sub-section (2) Acts of 1910 is amended by striking out of the fourth Chapter 3. Acts and fifth lines of the definition of "workman" in said sub-section, the words "one thousand," and substituting therefor the words "twelve hundred." to Section 6, 2. Said Chapter 3 is amended by inserting im- Clause added mediately after section 6 thereof the following sec- said Chapter. tion: lease by work lease unless onus on 6a. No contract, agreement or release made or Contract or reentered into by a workman in consequence of personal man not a reinjury by accident arising out of and in the course of consideration his employment shall be a bar or constitute any de- adequate. fence to any proceedings for the recovery under this employer. chapter of compensation for the injury, unless the consideration for the said contract, agreement or release was, in the opinion of the committee, arbitrator, Judge or Court before whom any dispute or matter is brought, ample and adequate and was not on the part of the workman improvident, but was just and reasonable and not less favorable than if the workman had proceeded under the provisions of this Act and had not executed any contract, agreement or release, and the burden of proof in respect to such other compensation, and of same being ample and adequate, and that the contract, agreement or release was just and reasonable and was not improvident, shall in all cases rest upon the employer. Clause (b) of paragraph 1,1st schedule, repealed. Weekly payment made during total or partial incapacity. Provisos. Paragraph (13) of said schedule amended. 3. Clause (b) of paragraph (1) of the first schedule as amended by Chapter 68 of the Acts of 1912, is repealed and the following substituted therefor: (b) where total or partial incapacity for work results from the injury, and such incapacity has continued for one week, a weekly payment dur ing the incapacity, not exceeding fifty per cent. of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not then for any less period during which he has been in the employment of the same employer, such weekly payments not to exceed seven dollars; provided that the total amount paid as compensation for injury causing such total or partial incapacity shall not exceed the sum of fifteen hundred dollars, and that the minimum amount payable shall be five dollars. And provided also that as respects the weekly payments during total incapacity of a workman who is under twenty-one years of age at the date of the injury, and whose average weekly earnings are less than five dollars, the whole amount of such average weekly earnings shall be allowed as compensation. 4. Paragraph (13) of said schedule 1 is amended by adding thereto the following: "Provided that where the workman was at the date of the accident under twenty-one years of age, and the review takes place more than twelve months after the accident, the amount of the weekly payment may be increased to any amount not exceeding fifty per cent. of the weekly sum which the workman should probably have been earning at the date of the review if he had remained uninjured, but not in any case to exceed seven dollars." CHAPTER 48. An Act to amend Chapter 6, Acts of 1910, "The Public Health Act." (Passed the 13th day of May, A. D., 1913). Section. 1. Sub-sections added to Section Section. (2) Governor-in-Council may (3) Powers and duties. Be it enacted by the Governor, Council, and Assembly, as follows: 1. Sub-sections Section 5 of said Chapter 6 is amended by add-added to Secing thereto the following sub-sections: 2. (f) to perform all the duties of the Inspector of Humane and Penal Institutions; (g) to have general supervision and control of all sanitaria within the Province and of the establishment and conduct of tubercular hospitals and sanitaria under the provisions of Chapter 16, Acts of 1912, and amendments. 5, Chapter 6, of 1910. Governor-in Section 5 is further amended by adding thereto Council may the following sub-sections: (2) The Governor-in-Council may also appoint a duly qualified medical practitioner to be Provincial Inspector of Health. appoint a Powers and (3) The Inspector of Health may exercise any-duties. where in the province, any of the powers conferred by this Act upon Health Officers and Sanitary Inspectors, and shall be required to visit at least once each month all County Tuberculosis Clinics for the purpose of examination and diagnosis of cases of tuberculosis, and shall under the direction of the Provincial Health Officer perform such other duties as may be assigned him by the Provincial Health Officer. |