CHAP. 179. shares as the court or judge determines, or, if the action is tried with a jury, as the jury determines. 1900, c. 1, s. 7. Notice of action, limitation, &c. Action may be maintained representatives 8. An action under this Chapter for the recovery of compensation for an injury, shall not be maintainable against the employer of the workman unless notice that injury has been sustained is given within twelve weeks, and the action is commenced within six months, from the "occurrence of the accident causing the injury, or in case of death within twelve months of the time of death; provided, always, that in case of death the want of such notice shall be no bar to the maintenance of such action if the judge is of opinion that there was reasonable excuse for such want of notice. 1900, c. 1, s. 8. 9. Notwithstanding anything in this Chapter contained, against personal an action under any of the provisions of this Chapter to of deceased em- secure compensation for injuries to a workman may be maintained against the legal personal representatives of a deceased employer. 1900, c. 1, s. 9. ployer. Deduction from compensation tain penalties and damages. 10. There shall be deducted from any compensation awarded of cer- awarded to any workman or representatives of a workman, or person claiming by, under, or through a workman, in respect to any cause of action arising under this Chapter, any penalty or damages, or part of a penalty or damages, which may in pursuance of any other Act either of the parliament of Canada, or of the legislature of Nova Scotia, have been paid to such workman's representatives or persons in respect to the same cause of action; and where an action has been brought under this Chapter by the workman, or the representatives of any workman, or any persons claiming by or under or through such workman, for compensation in respect to any cause of action arising under this Chapter, and payment had not previously been made of any penalty or damages, or part of a penalty or damages under any such Act, in respect to the same cause of action, such workman, representatives, or persons shall not, so far as the legislature of this province has power to enact, be entitled thereafter to receive, in respect to the same cause of action, any such penalty or damages under any such Act. 1900, c. 1, s. 10. Notice in respect to injuries. 11.-(1.) Notice in respect to any injury under this Chapter, shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury, and the date at which it was sustained, and shall be served on the employer, or if there is more than one employer, upon one of such employers. (2.) Notice may be served by delivering the same to or at the residence or place of business of the person on whom CHAP. 179. it is to be served. (3.) The notice may also be served by post, by a registered letter addressed to the person on whom it is to be served, at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post, and in proving the service of such notice it shall be sufficient proof that the notice was properly addressed and registered. (4.) Where the employer is a body of persons corporate or unincorporate, notice shall be served by delivering the same at, or by sending it by post in a registered letter addressed to, the office of such employer. (5.) The want or insufficiency of the notice required by this section, or in the notice of the injury required by this Chapter to be given, shall not be a bar to the maintenance of an action for the recovery of compensation for the injury, if the court or judge before whom such action is tried, or in case of appeal, if the court hearing the appeal, is of opinion that there was reasonable excuse for the want or insufficiency, and that the defendant has not been thereby prejudiced in his defence. (6.) A notice under this section shall be deemed sufficient if in the form in the schedule, or to the like effect. of notice. Ad 12. If the defendant in any action against an employer Defence of want for compensation for an injury sustained by a workman in journment of the course of his employment intends to rely for a defence trial, &c. on the want of notice, or the insufficiency of notice, or on the ground that he was not the employer of the workman injured, he shall, not less than seven days before the hearing of the action, give notice to the plaintiff of his intention to rely on that defence, and the court may, in its discretion, and upon such terms and conditions as are just, order and allow an adjournment of the trial for the purpose of enabling such notice to be given; and, subject to any such terms and conditions, any notice given pursuant to and in compliance with the order in that behalf, shall, as to such action and for all the purposes thereof, be held to be a notice given under and in accordance with the provisions of this Chapter. 1900, c. 1, s. 12. claim, require 13. In any action brought under this Chapter the Statement of statement of claim shall state in ordinary language the ments of. cause of the injury and the date at which it was sustained, and the amount of compensation claimed; and, where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff; and CHAP. 179. where the injury of which the plaintiff complains has arisen by reason of the negligence, act, or omission of any person in the service of the defendant, the statement of claim shall give a reliable description of such person. 1900, c. 1, s. 13. Contract or agreement enter ed into by work man shall certain cases. In certain cases burden of proof ployer. 14. No contract or agreement made or entered into by a workman, shall be a bar or constitute any defence to an action for the recovery under this Chapter of compensation for an injury,-- (a) unless, for such workman entering into or making such contract or agreement, there was other consideration than that of his being taken into or continued in the employment of the defendant; nor (b) unless such other consideration was, in the opinion of the court or judge before whom such action is tried, ample and adequate; nor (c) unless, in the opinion of the court or judge, such contract or agreement, in view of such other consideration, was not on the part of the workman improvident, but was just and reasonable, and the burden of proof in respect to such other consideration, and of the same being ample and adequate, and that the contract was just and reasonable, and was not improvident, shall in all cases rest upon the defendant. 1900, c. 1, s. 14. 15. In any action against an employer for the to be upon en recovery of damages for injury to a workman arising out of the alleged failure on the part of the employer to comply with any of the provisions of the statutes in force in this province in respect to mines, or in respect to railways, passed for the purpose of preventing accidents to workmen, and it is, or becomes, material to the issue on the trial, the burden of proving that such provision was complied with, or that due diligence was used to that end, shall be upon the employer. 1900, c. 1, s. 15. In case of personal negligence civil liability not 16. Where the injury was caused by the personal of employer his negligence or wilful act of the employer (or of some affected. Option person for whose act or default the employer is responsible), of workman to nothing in this Chapter shall affect any civil liability of this Chapter or the employer; but in that case the workman may, at his proceed under otherwise. option, either claim compensation under this Chapter, or take the same proceedings as were open to him immediately preceding the thirtieth day of March, 1900, but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of, and in the course of the employment, both independently of and also under this Chapter; and shall not be liable to any proceed ings independently of this Chapter, except in case of such CHAP. 180. personal negligence, or wilful act, as aforesaid. 1900, C. day of ..... 19... Take notice that on the C. D. (insert address of injured person) a workman in your employment, sustained personal injury (add of which he died, if such is the case) and that such injury was caused by (state shortly the cause of the injury, e. g., the fall of a beam). (Date.) Yours, etc., X. Y. CHAPTER 180. OF ACTIONS OF LIBEL IN NEWSPAPERS. 1. In this Chapter, unless the context otherwise Interpretation. requires, 2. (a) the expression "newspaper,' (b) the expression "a public meeting," means any Public paper of pro when privileged. A report published in a newspaper of the proceed- Report in newsings of a public meeting, court of justice, or muncipal, city ceedings at pubor town council, shall be privileged, if the report was fair lic meeting, &c and accurate, and published without comment and without malice, and if the publication of the matter complained of was for the public benefit: Provided always that the protection afforded by this section shall not be available as a defence in any proceedings, CHAP. 181. (a) if the defendant denies publication of the matter complained of; or (b) if the plaintiff can show that the defendant has refused to insert in the newspaper in which the report containing the matter complained of appeared a reasonable letter or statement of explanation or contradiction, by or on behalf of the plaintiff. 1900, c. 37, s. 3. the Imperia Par CHAPTER 181. OF SECURING THE LIBERTY OF THE SUBJECT. Certain Acts of 1. (1.) The Act of the Imperial Parliament, passed in liament to have the thirty-first year of the reign of King Charles the force in this Pro-Second, entitled, "An Act for the Better Securing the vince. Judges of Supreme Court same power as Liberty of the Subject, and for the Prevention of Imprisonment Beyond the Seas," and the Act of the Imperial Parliament, passed in the fifty-sixth year of the reign of King George the Third, entitled, " An Act for More Effectually Securing the Liberty of the Subject," and all Acts of the Imperial Parliament passed in addition to, or amendment of, or on the same subject as the said recited Acts, or either of them, shall have full force and effect in this province, so far as the same are applicable therein. (2.) The Supreme Court, and the judges thereof, have the same authority and power over cases within the purjudges in Eng- view of such Acts in this province as the courts mentioned in such Acts, and the judges thereof, have in England. Rights, &c., conferred on inhabi vince. (3.) The rights and remedies, and the obligations, puntants of this Pro- ishments, and penalties conferred and imposed by the said statutes, or either of them, are conferred and imposed upon and made applicable to persons within this province, as fully as if such Acts were re-enacted, and specially extended to the courts, judges, officers, and persons within this province. take away com Section not to (4.) This section shall not be construed to abrogate or mon law right to abridge the remedy by the writ of habeas corpus at habeas corpus. common law, but the same exists in full force, and is the undoubted right of the people of this province. 116, ss. 1, 2 (part). Supreme Court to apply equita R. S., C. 2. In all motions and proceedings on writs of habeas ble princ ples. corpus, where persons are charged on preliminary arrest with criminal offences, or where the care and custody of infant children are concerned, the judges of the Supreme Court shall deal therewith according to the principles of |