the premium for the unexpired term, calculated from the termination of CHAP. 147. the notice. In the case of personal service of the notice five days' notice, excluding Sunday, shall be given. Notice may be given by any insurer having an agency in Nova Scotia by registered letter addressed to the assured at his last post office address notified to the company, and where no address has been notified, then to the post office of the agency from which the application was received, and where such notice is by letter, then seven days from the arrival at any post office in Nova Scotia shall be deemed good notice. And the policy shall cease after such tender and notice aforesaid, and the expiration of the five or seven days as the case may be. Twenty-first. The insurance may also be terminated by the assured by giving written notice to that effect to the insurer or his authorized agent, in which case the insurer may retain the customary short rate for the time the insurance has been in force, and shall repay to the assured the balance of the premium paid. Twenty-second. No condition of the policy, either in whole or in part, shall be deemed to have been waived by the insurer unless the waiver is clearly expressed in writing, signed by an agent of the insurer. Twenty-third. An officer or agent of the insurer who assumes on behalf of the insurer to enter into any written agreement relating to any matter connected with the insurance, shall be deemed prima facie to be the agent of the insurer for the purpose. Twenty-fourth. Every action or proceeding against the insurer for the recovery of any claim under or by virtue of this policy, shall be absolutely barred, unless commenced within the term of one year next after the loss or damage occurs. Twenty-fifth. Any written notice to an insurer for any purpose of the statutory conditions where the mode thereof is not expressly provided, may be by letter delivered at the head office of the insurer in Nova Scotia, or by letter mailed, postage prepaid and registered, addressed to the insurer, its manager or agent, at such head office, or by such written notice given in any other manner to an authorized agent of the insurer. SECOND SCHEDULE. (Section 4.) VARIATIONS IN CONDITIONS. "This policy is issued on the above statutory conditions with the following variations and additions : "These variations (or as the case may be) are, by virtue of the Nova Scotia statute in that behalf, in force, so far as by the court or judge, before whom a question is tried relating thereto, they are held to be just and reasonable to be exacted by the insurer," CHAP. 149. Consignees of goods and indorsees of bills of lading to CHAPTER 148. OF BILLS OF LADING. 1. Every consignee of goods named in a bill of lading and every indorsee of a bill of lading to whom the property acquire rights. in the goods therein mentioned passes upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of action and be subject to the same liabilities in respect to such goods as if the contract contained in the bill of lading had been made to himself. 1888, c. 30, s. 1. Not to prejudice right of stoppage in transitu. Bill of lading, when to be evidence of shipment against person signing same. 2. Nothing in this Chapter contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or indorsee by reason of his being such consignee or indorsee, or of his receipt of the goods by reason or in consequence of such consignment or indorsement. 1888, c. 30, s. 2. 3. Every bill of lading in the hands of a consignee or indorsee for valuable consideration, representing goods to have been shipped on board a vessel or train, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof have not been so shipped, unless such holder of the bill of lading has actual notice at the time of receiving the same that the goods had not in fact been laden on board, or unless such bill of lading has a stipulation to the contrary; but the master or other person so signing may exonerate himself in respect to such misrepresentation by shewing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or of some person under whom the holder claims. 1888, c. 30, s. 2. No liability to pay for newspapers, &c., because taken CHAPTER 149. OF SUBSCRIPTIONS TO NEWSPAPERS AND 1. No person shall be liable to pay for any newspaper, or other periodical sent by post to such person, by reason of from post-office. the fact that such person has taken such newspaper, or other periodical so sent by post, from any post office or way office and kept the same. 1892, c. 51, s. 1. emption from 2. No person shall be liable to pay for any newspaper, CHAP. 150. or other periodical for which such person has subscribed Further exafter the expiration of the year for which such person is liability. a subscriber; or after the expiration of any current year, if such person before the end of such year notifies the publisher of the said newspaper, or other periodical, to discontinue sending such newspaper, or other periodical. Notice of discontinuance may be given by mailing a registered letter, or by notice otherwise given, to the publisher of such newspaper, or other periodical. 1892, c. 51, s. 2. CHAPTER 150. OF THE APPORTIONMENT OF RENT AND OTHER SHORT TITLE. 1. This Chapter may be cited as "The Apportionment Short title. Act." INTERPRETATION. 2. In this Chapter, unless the context otherwise requires: Interpretation (a) The expression "rent" includes rent service, rent "Rent charge and rent sec, and also all periodical pay- of rent; (b) The expression "annuities" includes salaries and "Annuities pensions; (c) The expression "dividends" includes (besides "Dividends dividends strictly so called) all payments made by the name of dividend, bonus or otherwise out of the revenue of trading or other public companies whatsoever (incorporated or unincorporated,) divisible. between all or any of the members of such respective companies, whether such payments are usually made or declared at any fixed times or otherwise; but does not include payments in the nature of a return or reimbursement of capital. 1892, c. 11, s. 5. ties, dividends, 3. All rents, annuities, dividends and other periodical Rents, annuipayments in the nature of income, (whether reserved or &c., how made payable under an instrument in writing or otherwise) apportioned. shall, like interest on money lent, be considered as accruing from day to day, during the period for or in respect to CHAP. 150. which the payment of the same is declared or expressed to be made, and shall be apportionable in respect to time accordingly. 1892, c. 11, s. 2. Apportioned part of rents, 4. The apportioned part of any such rent, annuity, annuities, &c., dividend or other payment, shall be payable or recoverable at the following times and not before, when payable. Apportioned rents, &c, recovered. Apportioned how part of entire person who recovers such entire rent. (a) in the case of a continuing rent, annuity or other such payment, when the entire portion of which such apportionment forms part becomes due and payable; and (b) in the case of a rent, annuity, or other such payment determined by re-entry, death or otherwise, when the next entire portion of the same would have been payable if the same had not so determined. 1892, c. 11, s. 3. 5.-(1.) All persons and their respective heirs, executors, administrators and assigns, and also the executors, administrators and assigns respectively of persons whose interests determine with their own deaths, shall have the same remedies for recovering such apportioned parts as aforesaid when payable (allowing proportionate parts of all just allowances) as they respectively would have had for recovering such entire portions as aforesaid if entitled thereto respectively. (2.) No such apportioned part of any entire or continuing rent payable by rent shall be recovered from any persons liable to pay rents reserved out of or charged on lands or other hereditaments of any tenure, or shall be recovered out of such lands or other hereditaments, but the entire or continuing rent, including such apportioned part, shall be recovered and received by the heir or other person who, if the rent had not been apportionable under this Chapter, or otherwise, would have been entitled to such entire or continuing rent, and such apportioned part shall be recoverable from such heir or other person by the executors or other persons entitled under this Chapter to the same. 1892, c. 11, s. 4. Provisions of Chapter not to apply to assurance policies, &c. 6. This Chapter shall not apply to any annual sums made payable in policies of assurance of any description, nor to any case in which it is expressly stipulated that no apportionment shall take place. 1892, c. 11, ss. 6, 7. TITLE XXIII. OF TRUSTS. CHAP. 151. CHAPTER 151. OF TRUSTEES. SHORT TITLE. 1. This Chapter may be cited as "The Trustee Act.' INTERPRETATION, Short title. 2. In this Chapter, unless the context otherwise requires Interpretation. (a) The expression "contingent right," as applied to "Contingent land, includes a contingent or executory interest, a right." possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent; (b) The expressions 16 conveyance. convey" and " conveyance Convey," applied to any person include the execution by that person of every necessary or suitable assurance for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land whereof he is seised or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law to the validity of the conveyance, including the acts to be performed by married women to bar dower or convey their interests in real property under the statutes of the province; means judge." (c) The expression "court" means the Supreme Court Court," (d) The expression "devisee" includes the heir of a "Devisee." (e) The expression "instrument" includes a statute; "Instrument." (f) The expression "land" includes incorporeal as "Land." |