*&f& IFTH EDITION Revised ar i Enlnrged. HANDBOOK A A o i 9 ■ikmen's Compensation Act 1897, 6 ^^" : Approved Schemes of Compensation ; q =j|i Statutes referred to : j j^glites on Accidents, Negligence nd Misconduct; 1 ^§§- Employers' and Workmen's Liability; ^= ^ Actions independent of tiie Act; Arbitration; 8 = Forms of Notices; List of Stamp Duties ; eial Form of Application for a Contracting-out Certificate, &c.; TOOKiUKi: WITH I liJS J 'J i PLANATOUY REMARKS TllE Lolil. ( II. i. Kl> fiKKSCHELL. The Home Skckrtary, The Colonial Secretary, The Attorney G enseal. Mb. Asqcith, akp otiiek Statesmen. M. EGBEETS- JONES, Esq., Larri&te'.-at- Law, of Gray* Inn and tkt t'cu:!- Wale* Circuit, Coroner tor ^outh Motmuml^ikirt, and Member of the Pn^rd f Menagen ■ tkt Monmouthtkirt and ,^ou(A Wales Miners' Provident Haeu PRICE TWO SHILLIKGS AND SIXPENCE. [ALL RIGHTS RESERVE!)]. 18S8. CAITIFF: Westkh. Mall, LnurSb. •. iM.s n THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES Opinions of tf?e Press. Law Notes. — 'An excellent little treatise on the Act, and to the author we hasten to render thanks for the assistance, it has been to us personally in understanding the Act Mr. Roberts- Jones is well qualified to treat the subject The result of his experience is shown on every page by the practical suggestions he makes In short, the whole subject is dealt with exhaustively, and by a ' master ' who not only knows but loves his subject— »by one who is deeply interested in the welfare of those who in his dedica- tion are rightly described as the wounded soldiers of our industrial army. To employers, secretaries of insurance companies and friendly societies, and to solicitors the little treatise will prove invaluable, and we can heartily recom mend them to trust to Mr. Roberts Jones's handbook for guidance in working in this new and most important statute." Law Times. — '"A clear, concise, and readable exposition. The remarks are extremely interesting." Colliery Guardian. — "A veritable vade mecum." Pall Mall Gazette. — "A miniature encyclopaedia." Liverpool Post. — " Will be found very useful." Scotsman. — " A useful and compendious manual." Freeman's Journal. — "A clear exposition." Newcastle Chronicle. — "Liberally annotated." South Wales Daily News. — "An admirable handbook." Glasgow Herald. — "Contains much information." South Wales Gazette. — " A masterly compilation." Capitalist. — " Put together with the skill of an expert." Mining Journal. — " Very practical." Iron and Coal Trades Review. — " Clear and concise." Industries and Iron. — "Valuable." Edinborough Evening News. — "Useful." Bristol Times and Mirror. — " Compendious, helpful." This Handbook has been favourably reviewed by upwards of 200 of the leading papers in the Kingdom. FIFTH EDITION Revised and Enlarged. HANDBOOK on Tin ^*^^^^^^5^^^ Workmen's Compensation Act, 1897, Approved Schemes of Compensation; Statutes referred to ; Notes on Accidents, Negligence and Misconduct; Employers' and Workmen's Liability; Actions independent of the Act; Arbitration; Forms of Notices; List of Stamp Duties ; Official Form of Application for a Contracting-out Certificate, &c. ; TOGBTHEB Willi Till-: PRINCIPAL EXPLANATORY IMvMAHKS Tiik Lord Chancellor, Lord Hersohbll, The Homii Secretary. The Colonial Secretary, The Attorney General. Mr. Asqcith, and otheb Statesmen. M. rBOBERTS-JONES, Esq., ham ter-at-Lau; of Gray's Inn and the South ll'afa Circuit, Coroner for Smith Monmouthshire, and Member of the Board of Management of the Monmouthshire "«» South Wales Miners' Provident Society. fV PRICE TWO SHILLINGS AND SIXPENCE. [ALL RIGHTS RESERVED]. 1898. \';i»i i i i u i a i brk mah . Limited. LONDON i 82, Klkkt BTUEET. HD 78/6, (J 7 £T DEDICATED uJ CO ^ i I'.V HIS KIM' PKH.MISSION) •< OS 92 TO THE J RIGHT HON. JOSEPH CHAMBERLAIN, M.P., 5j hbb majesty's SECRETARY of state CO FOR THE COLONIES, THAN WHOM NO STATESMAN OF MODEKN TIMES HAS UJ rt) DONE MORE TO RELIEVE THE ANXIETIES OF OUR "WOUNDED SOLDIERS OF INDUSTRY" $£ AND THEIR DEPENDENT RELATIVES. .*$H(>?'f20 PKEKACK TO THE FIFTH EDITION. The very gratifying demand for this little work is principally due to the fact that it deals so largely with the question of settling disputes under the Act by means of amicable schemes of compensation, instead of by litigation, or even by arbitration. The leading lawyers of the King- dom have publicly expressed in Parliament and elsewhere, their desire to give to wounded workmen and their depen- dent relatives the fullest opportunity of securing compensa- tion under this Act without the costly aid of litigation. Workmen may feel assured that before the Registrar of Friendly Societies will sanction any scheme it must be fair and reasonable, and at least equivalent to the Act in its benefits to them. As a result of upwards of 200 Press reviews, many of^which were of an exceedingly able and instructive character, the author is convinced that the general feeling of the community is in favour of friendly schemes of com- pensation, which may provide any or all of the following benefits : — (1) Prompt payment of relief. Under the Act, the employer may delay arbitration for at least three months. How is the unfortunate workman (or his widow) to live during that time and the subsequent period of arbitration or litigation ? (2) Payment from the date of Accident. The Act makes no provision for the first fortnight. (3) Payment regardless of misconduct. Hitherto, the question of misconduct has not not been taken into consideration by several of the leading Provident Societies. In 28 per cent, of the inquests held by the author, during the past five years, at various collieries and factories, it was alleged that death was due to the misconduct or negligence of the deceased. In 1892, Mr. Chamberlain estimated that only 42 per cent, of the accidents were non-preventible. (I) Absence of friction between employer and workman, and the probable re-instatement of the latter on restoration of health. The author has experienced much difficulty at several inquests in getting officials or workmen to give evidence against their employers. (5) A check on malingering. Workmen who contributed to a mutual scheme would have an interest in pre- venting malingering and other abuses. (G) Extra allowance for widows with large families. Under the Act, a widow with six or seven children will get no greater compensation than a childless widow. (7) Old age pensions. (8) Secwrity against bankruptcy. A scheme approved by the Registrar, and generally contributed to by employers and workmen, would hardly he affected by the bankruptcy of an individual employer. (9) Exemption from stamp duties, it' the scheme be registered under the Friendly Societies' Act, 1896. There appears to be no reason why an existing Society cannol become a scheme under the Act, provided the employers' contributions thereto, and the benefits there- from, are sufficient to satisfy the Registrar. Sir. John Burns, M.l\, and other workmen's representa- tives thought it undesirable that questions of compensation should be dealt with by the same tribunal of masters and men who discussed wages. A Special Committee would be preferable. It is a Haw in the Act, and an incentive to litigation, that the costs of an unsuccessful action for damages for non- fatal injuries cannot he deducted from the amount of com- pensation subsequently awarded by an arbitrator in another court. (See Sec. I., S.S. 4, and Sched. I., 14.) Some well-known lawyers have recently expressed their opinions that, under this Act, an injured workman may claim compensation from the date of accident, if his disable- ment exceeds two weeks. This is certainly contrary to the intention of our legislators (see p. 49), and equally contrary to the meaning of the First Schedule (1), (b). A copy of the official form of application for the Regis- trar's Certificate will be found on page 76. In conclusion, the author desires to thank the numerous legal practitioners, employers of labour, and representatives of workmen, Avho showed such practical appreciation of this hand-book that the fourth edition, consisting of 5,000 copies, was disposed of within a month of its issue. M. RoHERTS-JoXES. 49, Claude Road, Cardiff, February, 1898. PREFACE TO THE FIRST EDITION. This treatise is simply the result of the author's interest in the subject after several years' practical experience in the working of various Friendly Societies, Workmen's Relief Funds, and the Employers' Liability Act, 1880, ami is intended principally for the use of arbitrators and com mitteesof arbitration under friendly schemes of compensation between employers and workmen. For this purpose the author baa received the kind permission of the Home Secre tary, the Colonial Secretary, the Attorney-General, ami ot her eminenl statesmen to make use <>t any explanatory remarks made by them during the progress of the Bill. Some years will probably elapse, however, and several decisions of the Court of Appeal be given before the Act will be clearly understood either by law vers or the laity. "There was nothing more interesting,'' said the Prime Minister, "to those \\ r ho had oft en watched the Committees in the House than to compare the prophecies which were made .is to the meaning of a particular clause with the actuality which was afterwards revealed in the decision of the Judges."— Times, July 30th, 1897. M. Roberts-. Iunks. 49, Claude Road, ( Iardiff. STATUTES REFERRED TO. PAGE Arbitration Act, 1889 . . .. .. ..31 Coal Mines Regulation Act, 1887 . . . . 20, 66 County Courts Act, 1888 .. .. ..33 County Offieers and Courts (Ireland) Act, 1877. . 29 Customs and Inland Revenue Act, 1881 . . 26 Employers and Workmen Act, 1875 . . . .21, 41 Employers' Liability Act, 1880 . . .. 13, 15, 43 Factory and Workshops Act, 1878 . . 20, 61, 67 Do. do. 1891- .. .. 20 Do. do. 1895 . . 20, 65, 67 Fatal Accidents Act, 1846 (Lord Campbell's) . . see below Friendly Societies Act, 1896 .. .. ..29,69 Light Railways Act, 1896 .. .. .. 19,61 Lord Campbell's Act (Fatal Accidents), 1846 13, 25, 44, 68 Merchant Shipping Act, 1894 . . . . . . 22 Metalliferous Mines Regulation Act, 1872 . . 20, 66 Notice of Accidents Act, 1894 .. .. ..15 Outdoor Relief Friendly Societies Act, 1894 . . 69 Quarries Act, 1894 .. . . 20,66 Regulation of Railways Act, 1871 . . . . 61 Do. do. 1873 .. .. 19,61 Sheriff Courts (Scotland) Act, 1876 .. .. 34 Stamp Act, 1891 . . . . . . . . 32, 74 Summary Jurisdiction Act, 1848 . . . . 41 Superannuation Act, 1887 . . . . . .22, 68 CONTENTS. PAGE Statutes referred to . . . . . . vi. Table op Cases . . . . . . . . \ iii. Introduction . . . . . . 10 The Workmen's Compensation Act, 1S ( J7 .. 11 First Schedule . . . . 24 Second Schedule . . . . 30 Personal Injuries by Accident . . 35 Serious and Wilful Misconduct . . . . 39 Liability of Workmen* .. ..41 Actions Independent of this Act .. .. L2 Schemes of Compensation . . . . . . 48 Model Rules . . . . . . . . 52 Appendix A. — Statutes referred to in the A< t 01 Do. B. — Forms, Stamp Duties, dec. . . 70 Index . . . . . . . . 77 TABLE OF ('ASKS. PAGE Adams V. Nightingale - - - 14 Allen v. New Gas Company - 42 Ashworth v. Stanwix ------ 46 Atkinson v. Newcastle and Gateshead Water Company - 38 Baird v. Williamson - - - 46 Bradburn v. Great Western Railway - 45 Brown v. Butterley Coal Co. - - 17,46 Brunsden v. Humphrey - - 46 Caledonian Rail Co. v. Mulholland - - - 47 Carter v. Drysdale - - 15 Carus v. Eastwood ------ 44 Cawley v. National E. Assurance Association - - 38 Clarke v. Carfin Coal Co. - 22 Conroy v. Peacock - - 14 Dalton v. South Eastern Railway Company - - - 25 Dickenson v. North Eastern Railway Company - - 68 Doughty v. Firbank - - - 61 Dunkley v. Harrison ------ 38 Dyer v. Munday ------ 46 Edgar v. Law and Brand - - - - 41 Foster, ex parte Hanson in re - 30 Franks v. Silver and Company - - - - - 15 The George and Richard - - - - - 68 Gillett v. Fairbank - - 21 Greenhorn v. Addie - - - - - - 22 Griffiths v. London and St. Katherine's Docks - 43 Griffiths v. Dudley ------ 44 Hamlyn v. Crown A. 1. Company - - - 38 Hardaker v. Idle District Council - - - -17,47 Harrison v. London and North Western Railway - 68 IX. PAOB Birschfield v. London! Brighton, and South Coasl Railway - 28 HowellB v. \V\ imc - - - . - 1 1 Jsiti v. Railway Passengers' Assurance Company - -. '■'•! Lawrence v. Accident [nsurance Company - - 38 Lee v. Lancashire, &c, Railway Company - - 28 Longworth's Case ------ 17 Migotti v. Colville ------ :;n Moj le r. Jenkins - - - - - - I I Nimmo v. Clark and Another - - - - - 41 Noel v, Redruth Foundry Co. - - - l'1 Paterson v. Wallace ------ 22 l'ii'\ 1 < 1 1 i7. ( ratti - - - - - - I") Pugfa 0. London, Brighton, and South Coast Railway - 35,36 Read v. Greal Eastern Railway Co. - - - 28 Regina v. ( lurtis ------ 46 Regina v. Haines ------ 17 Regina v. Swindall ------ 47 Reynolds v. Accident [nsurance Company - 38 Roherts v. Smith ------ 4:.' Senior v. Ward - - - - - -43 Sims v. Evans ------- 66 Sim lair V. Maritime Pa8Sengei'8 Assurance Companj - 36 Smeeton v. Collier - 32 Smith r. Kenrick - 16 Siinlli r. London and South Western Railwaj - 37 Stimpson t. Wood - 68 Tarrant V, Weld, ------ 4^ Victorian Railway Commissioners v. Coultas - - -36 Watling v. Oastler - -42 Winspear v. Accident Insurance Company - - 38 10 INTRODUCTION. This Act applies to nearly one half of the total number of workmen employed in the United Kingdom, and, as far as proceed- ings under the Act are concerned, does away with the doctrine of common employment," the defence of " contributory negligence, ' the application of the maxim, "volenti non fit injuria" and "nine- tenths of those technicalities which have disappointed the just hopes of the injured workman or of those who, by his death, have been left suddenly to helplessness and poverty."* Should an injured workman, however, be bold enough to pursue his ordinary legal remedies independently of this Act, he is still liable " to be enmeshed and entrapped in that elaborate series of pitfalls which are provided by the Employers' Liability Act of 1880."* Prior to- the Workmen's Compensation Act, 1807, something like 12 per cent, only of the accidents which happened in those trades to which the Act applies were in any way dealt with in the shape of compensa- tion, but this Act brings sure if not substantial relief in each case of the remaining 88 per cent., except where the disablement does not exceed a fortnight in duration, or the injured workman has been guilty of serious and wilful misconduct. According to the estimate of the Home Secretary, the Act will apply to about 3,600,000 workmen in factories, docks, and wharves ; to 730,000 in mines ; to 465,000 on railways ; and to 104,000 in quarries. Also to something like 700,000 builders and bricklayers, and 800,000 navvies and general labourers. Altogether some 6,000,000 at least will be included in the Act. Outside the Act there are those employed in agriculture, estimated at 1,700,000; seamen and fishermen, about 192,000; domestic servants, 2,300,000 ; workshop operatives, 2,000,000 ; shop assistants, 500,000; transport services, 600,000— which gives a total of something over 7,000,000. The most dangerous trades being already included in the Act, it is probable that its provisions will soon be extended to other industries- *The Right Hon. H. H. Asquith, M.P. WORKMEN'S COMPENSATION ACT. 1897. 60 & 61, Vict.. Chap. 87. An Act in Amend the Lou- with respect to Compensation t<> Workmen /<»/■ Accidental Injuries suffwed in tin: cov/rse nf their Employment. 6th August, L897. (") Be n enacted by the Queen's Most Excellent Majesty, by ami with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as Follows : 1. -(I.) If in any employment to which this Ad applies (b) personal injury by accident (r) arising out of a ml in the course "f the employment (d) is caused t<> a workman (''). his employer (/) shall, subject as hereinafter mentioned, he liable to pay compensation in accordance with the First Schedule to this Act. ((/) in i The original Bill fixed the 1st January, 1898, as the date of commencement of the Act. hut in order chiefly to give Further tunc lor employers and workmeu to frame Bche a <>l compensation which would meet with the approval el' the Registrar of Friendly Bocieties, the date of commence nl was changed Brsl t" March 31st, mid finallj to Jul) 1st, 1898. ih ) Sec sect ion 7. (c) Sec •■ Personal injuries by accident," page 36. (W) \ liberal construction is given t<> these words both on the Continent and by the Miners Relief Bocieties of this country, com- pensation being generally granted in oases of injuries received whilst going to in- returning from work. Workman" includes clerks, officials, assistants, apprentices, &C. See section 7. suli sect iuli '_'. i / i •• Employer' has a wider meaning in this Act than in the Employers' Liability Act, 1880, and includes the legal personal representative of a deceased employer. Bee section 7, sub-section 2. ifir) Sec page 24. 12 (2.) Provided that:— («.) The employer shall not be liable under this Act in respecl of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he was em- ployed; (A) (Note.— See First Scbed. (1 ) (/,.).) (f>.) When the injury was caused by the personal negli- gence or wilful act of the employer (t), or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensa- tion under this Act, or take the same proceedings as were open to him before the commencement of this Act; 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 Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid (j) ; (c.) If it is proved that the injury to a workman is attri- butable to the serious and toilful misconduct of that workman, (k) any compensation claimed in respect of that injury shall be disallowed. (3.) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act (including any question as to whether the employment is one to which this Act applies), or as to the amount or dura- tion of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of the First Schedule of this Act, be settled by arbitration, in (h) It is estimated that this clause will exclude about 25 per cent, of the whole of the accidents that take place, and by taking away two weeks' compensation from all the rest, will reduce the amount of compensation by something like 30 per cent. (i; See "Actions independent of this Act,'' page 42. (j) See '" Actions independent of this Act," page 42. (k) See "Serious and Wilful Misconduct, ' page 39. 13 accordance with the Second Schedule to thia A.ct. (4.) If. within the time hereinafter in this Act limited for taking proceedings, an action is broughl to recover damages (/) independently of this Act for injury caused l>y any accident, and it is determined in such action that the injury is one for which the employer is not liable in such ict ion, but thai he would have been liable to pay compensa- tion under the provisions of this Act, the action shall be dismissed; but the courl in which the action is tried shall, if the plaintiff shall so choose, proceed to a—ess such com pensation, and shall he at liberty to deduct from such compensation all the costs which, in its judgment, have been caused hy the plaintiff bringing the action instead of prOC tin','' under tins Act. (See p. 45 and Scheil. [., 14.) In any proceeding under this subsection, when the Courl assesses the compensation it shall give n certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act . (m). (5.) Nothing in this Act shall a licet any proceeding for a fine under the enactments relating to mines or factories, or t lie applicat ion of any such line, but if any such line, or any pari thereof, has been applied for the benefit of the person injured, the amount so applied shall he taken into account in estimating the compensation under this Act (»). 2- — (1.) Proceedings for the recovery under this Act of compensation for an injury shall not lie maintainable unless notice of the accident has been given as soon as practicable after the happening thereof (o) and before the workman has (I) See ■ Act ions independent of this Act," p. 42, et S< i seel ion 13), post, page 66. (o) In an action under the Act of 1880, notice ol injury must In given within six weeks, and the action commenced within six months from t lie date of accident, or. in case of death, within twelve months from the time of death. Every action under Lord Camp- bell's Act must be commenced within twelve months after the death iit t he injured person. 14 voluntarily left the employment in which he was injured, .•md unless the claim for compensation with respect to such accident has been made within six months from the occur- ence of the accident causing the injury, or. in case of death, within six months from the time of death (p). Provided always that the want of or any defect or inaccuracy in such notice shall not he a har to the maintenance of such pro- ceedings, if it is found in the proceedings for settling the claim that the employer is not prejudiced in his defence by the want, defect, or inaccuracy, or that such want, defect, or inac- curacy was occasioned by mistake or other reasonable cause (7). (Note. — If the arbitrator finds, as a fact, that such want, defect, or inaccuracy was occasioned by mistake, or other reasonable cause, or that such want, &c., did not prejudice the employer in his defence, he is bound to overlook it. The question of prejudice does not arise where the defect com- plained of is occasioned by mistake or other reasonable cause — " Reasonable cause would include genuine ignorance." — Att. -General, Parly. Debates, 27th May, 1897). (2.) Notice in respect of an injury under this Act 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, (r) (3.) The notice may be served by delivering the same to or at the residence or place of business of the person on whom it is to be served, (s). (p) In cases under the Employers' Liability Act, 1^80, if the employer has not received notice of injury within the statutory period, he cannot plead the want of notice in defence, unless he has given notice of such special defence in accordance with the County Court rules (Conroy v. Peacock, 2 Q.B. 6 (1897) ). (q) Absence of notice or any defect therein may be overlooked by the Arbitrator but no claim can be allowed by him which is not made within the six months specified. See also note (a) page 30. (r) The notice must be in writing (Moyle v. Jenkins, 8 Q. B. Div. 116). See Form 1, page 70. (s) Delivery to a child would not be a good delivery {Adams v. Nightingale, 72 L.T. Newspaper, 424). 15 (I.) The notice may also Deserved byposl bya registered letter addressed to the person <>n whom ii is to be served .-it his lust, known place of residence or place of business, and if served by post shall be deemed to bave I o served al the time when the letter containing the same would bave been * delivered in the ordinary course of post, and in proving the service of such notice it shall be sufficient to prove tli.it the notice was properly addressed and registered, (t) (5.) Where the employer is a body of persons corporate or unincorporate, tbe notice may also be served by delivering the same at. or by sending it. by post in a registered letter addressed to tl mployer at, the office, or, it' there he more than one office, any one of the offices of such body. (t 1 .) (Note. — The provisions as to notices are similar to those contained in Sec. 7 of the Employers' Liability Act. ISSII). 3- — (1.) If the Registrar of Friendly Societies after taking steps to ascertain the views of the employer and workmen certifies thai any scheme of compensation, benefit, or insurance for the workmen of an employer in any em- ployment, whether or not such scheme includes other employers and their workmen, is on the whole not less favourable to the general body of workmen and their de- pendants than the provisions of this Act, the employer mav, until the certificate is revoked, contract with any (") of (<) The P.O. receipt would prove that the notice was properly ad- dreased and registered. As to an unregistered letter, wrongly dated, and otherwise defective, see Previdi v Oatti, 68 L.T. 762., :\<\ W.li. (570. See mIso Frank* v. Silver,7§ L.T. 69; and Carter v. Drysdale, 12 <,>.r». Div. 91. (7 1 ) In almost every case of injury coming within the provisions of this Act, written notice thereof must be given by the employers to the Board of Trade or Government Inspectors as soon as possible after the accident. (See Notice of Accidents Act. 1894; the Railways act, 1871 ; Mines Act. 1887; Factory Act. 1878; and the Explosives Act. 1875). Consequently it will be difficult for an employer to prove that he was prejudiced in liis defence under t his \ct by the absence of due notice from an injured workman. (?t) The fact that the general body of workmen accepted and adopted a scheme would not affect the right of an individual work- man to rely upon the Act instead of the scheme. See Schemes, p. 18, 16 those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of 'this Act. (m 1 ) (2 ) The Registrar may give a certificate to expire at the end of a limited period not less than five years, (v) (3.) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a con- dition of their hiring. (4.) If complaint is made to the Registrar of Friendly Societies by or on behalf of the workmen (v 1 ) of any employer that the provisions of any scheme are no longer on the whole so favourable to the general body of workmen of such employer and their dependants as the provisions of this Act, or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the registrar shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate, (w) (5.) When a certificate is revoked or expires any moneys or securities held for the purpose of the scheme shall be distributed as may be arranged between the employer and workmen, or as may be determined by the Registrar of Friendly Societies in the event of a difference of opinion. (G.) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all such inquiiies and to furnish all such accounts in regard to the (it 1 ) See "Schemes of Compensation," post, pp. 48, et seq. See also Section 9 post. (?') There is no appeal from the refusal of the Registrar to grant a certificate under this Act. (i ,] ) This suhsection gives the workmen only, and not the em- ployers, the right to demand that the Registrar shall examine into a complaint. (?r) The Chief Registrar at present is E. \Y. Brahrook, Esquire, F.S.A., 28, Abingdon Street, S.W., London. 17 scheme as may be made or required by the Registrar of Friendly Sociel ies. (.'•) (7.) The Chief Registrar of Friendly Societies shall include in his annual report the particulars of the proceed- ings of the Registrar under this Act. 4> Where, in an employment to which this Act applies the undertakers (y) as hereinafter denned contract with anj persou for the excution by or under such contractor of any work, and the undertakers would, if such work were executed i>\ workmen immediately employed by them, be liable to pay compensation under this Ac1 to those workmen in respeci <>t' any accident arising out of and in the course of their employment, the undertakers shall be liable to pay to any workmen employed in the execution of the work any compensation which is payable to the workman (whether under this Art or in respect of personal negligence or wil- ful act independently of this Act) by such contractor, or would be so payable it' such contractor were an employer to whom this Acl applies. Provided thai the undertakers shall be entitled to be indemnified by any other person who would have been liable independent ly of t hi- seel ion. This section shall not apply to any contracl with any person tor the execution by <>r under Mich contractor of any work which is merely ancillary or incidental to. and i> no part of, or process in, the trade or business carried on by such undertakers respectively (:). No penalty is mentioned for neglect of tins duty, but the Registrar may. of course revoke hie certificate on any one of the grounds mentioned in sub-section t. " Do violate an Acl of Parliament," said Lord Campbell, "although there is no specific penalty attached to the violation, ia a misde- meanor, and a person that does so is liable to be indicted ami punished." (LongwortKs case, I De Ges P. & J. 31). //i Bee " Undertakers" section 7, sub-section -. Bee also next note (z). As to the liability of a public authority for a contractor's negligence, see Uardaker v. Idle District Council, Court of Appeal, 1896, I Q.B. 335. (post, p Vs to the " butty system in mints, see Brown v. Butti rlt y ( '""/ Co., ."'•". L.T. 964. (post p. 16). • h was clear," said the Attorney-General "that the clause ought not to apply where the work done bj the Bub-contractor was 18 5. ('•) Where any employer becomes liable under this Act to pay compensation in respect of any accident, and is entitled to any sum from insurers in respect of the amount due to a workman under such liability, then in the event of the employer becoming bankrupt, or making a composition or arrangement with his creditors, or if the employer is a company of the company having commenced to be wound up, such workman shall have a first charge upon the sum aforesaid for the amount so due (a) and the judge of the county court may direct the insurers to pay such sum into the Post Office Savings Bank in the name of the registrar of such court, and order the same to he invested or applied in accordance with the provisions of the First Schedule hereto with reference to the investment in the Post Office Savings Bank of any sum allotted as compensation, and those provisions shall apply accordingly. (2). In the application of this section to Scotland, the words "have a first charge upon'" shall mean "be pre- ferentially entitled to." 6. Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the workman may, at his option, proceed, either at law against that person to recover damages (b), or against his employer for compensation under this Act, but not against both, and if compensation be paid under this Act, the employer shall he entitled to be indem- nified by the said other person (c). (Note. — The " other person " may he a fellow-workman.) not part of the undertaker's business. For instance, the painting of a railway station rooms was purely ancillary to the business of a railway company." {The Times, July 31st, 1897) (o) That is, a first charge only upon the sum due from the insurers. (6) If a workman brings an action against a third party the latter may plead contributory negligence. The employer cannot plead this under the Act. (c) Speaking on this clause, Mr. Chamberlain said. " If a man in the employ of a railway company met with an accident, due to a defect in machinery, owing to the negligence of the person supply- ing the machine, the clause gave the workman the option of going *> gainst the person who supplied the machine instead of the railway 19 7. (I ) This Aci shall apply only to employment by the undertakers as herein-after defined, ou or in or about n mil way, factory, mine, quarry, or engineering work, and to employment by the undertakers as herein-after defined on in <>r ,il t any building which exceeds thirty feet in height, and is either being constructed or repaired by means oi a scaffolding, or being demolished, or on which machinery driven by steam, water, or other mechanical power, is being used for the purpose of the construction, repair, or demoli- t ion t hereof. (Note. The Art contains no definition of "height" or "building." The definitions given in the London Building Act, 1894 (S. .->. 21), and in the Public Health Acts, do not, of course, apply to buildings under this Act. "Scaffolding" does not appear to be necessary in cases of demolition to bring such cases within the Act. For m collection of decisions on the meaning of " Building," sec Willis on this A,t. 2nd Edition, p. 11). (■2.) In this Act— " Railway" means the railway of any railway company to which the Regulation of Railways Act, 1873, applies, and includes a light railway made under the company.' The Attorney-General supplemented these remarks with the following: "Take the case of an engine which had been so badly put together tbat while working in a mill the fly- wheel wenl to pieces and injured "_'o persons. Compensation would be payable by the employer, that is, the millowner; but as the - ni was realrj occasioned by the engine maker the object of the clause was to give the employer a remedy against him. There wag another case the case of an employer who sent his carter t<> the railway station to unload goods from trucks, and a crane which was badly managed led to an accident in which the leg of a railway porter and the leg of the man who was sent with the earl were broken. There would be do remedj by the carter against his employer for that accident, hut he would have a remedy against the railway company for negligence, and, of course, the porter would have a remedy againsl the railway company as he was in their employment " (The Times, duly 6th, 1897). A. collier maliciously struck l>\ another's pick-axe cannot recover under this Act. (Att- General, Parly. Debates, 24th May. L897). 20 Light Railways Act, 1896; and ••'railway'' and '* railway company " have the same meaning as in the said' Acts of 1873 and 1896 (See post. p. 61). •■ Factory " has the same meaning as in the Factory and Workshops Acts, 1878 to 1891, and also includes any dock, wharf, quay, warehouse, machinery, or plant, to which any provision of the Factory Acts is applied hy the Factory and Workshop Act, 1895 (e), and every laundry worked by steam, water, or other mechanical power : "Mine" means a mine to which the Coal Mines Regulation Act, 1887, or the Metalliferous Mines Regulation Act, 1872, applies : (/') "Quarry" means a quarry under the Quarries Act, 1894: (g) " Engineering work " means any work of construction or alteration or repair of a railroad, harbour, dock. canal, or sewer, and includes any other work for the construction, alteration, or repair of which machinery driven by steam, water, or other mechanical power is used: (//) (Note. — " Any other work" means, according to the doctrine of ejusdem generis, other work of a similar nature, such as excavating, road- repairing, draindaying, &c). "Undertakers" in the case of a railway 'means the rail w 7 ay company ; in the case of a factory, quarry, or laundry means the occupier thereof within the meaning of the Factory and Workshops Acts, 1878 to 1895 ; in the case of a mine means the owner thereof within the meaning of the Coal Mines Regulation Act, 1887, or the Metalliferous Mines (c) See the Interpretation Clauses of these Acts, post, p. 61. (/) See the Interpretation Clauses of these Acts, 2 } ost, p. 66. (y) See Sect. 1 of the Quarries' Act, 1894, post, p. 66. (h) Canals and sewers during construction are " engineering works," but when complete and handed over to the owners, the operation of this Act ceases. "Sewer" does not include "drain ' under the Public Health Act, 1875. 21 Regulation Ad, 1872, as the case may be (i), and in the case of an engineering work means the person undertaking the construction, alteration, or repair; and in the case of a building means the persons undertaking the construction, repair, or demolition : "Employer" includes any body of persons corporate or un incorporate and the legal personal representative of a deceased employer : (;) • : Workman " includes every person who is engaged in an employment to which this Act applies, whether by way <>t' manual labour or otherwise, ami whether his agreement is one of service or apprenticeship or otherwise, ami is expressed or implied, is oral or in writing. An\ reference to a workman who has been injured shall, where the workman is (lead, include a reference to his legal personal repre- sentative or t.» his dependents or other person to whom compensation is payable: (/.') '• I dependents " means (a) in England ami Ireland, such members of the workman's family specified in the Fatal Accidents Act. 1846 (See p. 68), as were wholly or in part dependent upon 1 ho earnings of the workman at t lie t ime of his death ; and (A) in Scotland, such of the persons entitled accord- ing to the law of Scotland to sue the employer tor damages or solatium in respect of the death of the workman, as were wholly or in part (i) See tin' Interpretation Clauses of these Arts in Vppendis A. (./) This definition is wider than thai given in the Aci of lsso, under which no action will lie against an employer's executory. Actio personalis nioritur cum persona: (Oillett v. Fairbank,3 T L.R, His,. (/.) This is a much wider definition than that given in Hie Em- ployers' anil Workmen's Act, l v 7-">. and the Employers' Liability act, L880, ami includes officials, clerks, assistants, &c. Sec sections •_' ami ."> of the Fatal Accidents' Act, 1846, and notes thereon, in Appendix A. post, p. 68, dependent upon the earnings of the workman at the time of his death. (These may he his widoAv, parent, and child). (/) (3.) A workman employed in a factory which i> a ship- building yard shall nor be excluded from this Act by reason only that the accident arose outside the yard in the course <>t' his work upon a vessel in any dock, river, or tidal water near the yard, (m) ^Xote. — "Tidal water'" means "any part of the sea and any {art of a river within the ebb and flow of the tide at ordinary spring tides, and not being a harbour."— M&xhant S • Act, 1894. S. 7 _ 8. (.1-^ This act shall not apply to persons in the naval i t u ilitarj s< rvice i f the ud marriage ir.. si .;shed by habit ami reputx s cohabit, and an -ame lime held ami reputed as man and wife sons, moreover, have indefeasible claims in their own right, not derived through husband or father. It is the practice also to allow a solatium for wounded feelings (Patterson r. Wallace* 1 Ma 748 relatives cannot recover damages (Greenhorn r. Ad 27 S Jur. nor can the mother of a bastard (Clarke 412). Marriage in Scotland legitimises children born out of wedlock. («> One of the cases to be met by this Clause is ~ that of rivetting beguu on the ways and Wing continued in the adjacent wait i The A rail, see Times* July 31st E " " The sub-section did not mean that the ships should be near the yard, but in the tidal waters, docks, or ntiguous to the yard." The Home Secretary. Parly. Debs S .aon I of the Superannoatior. A 1887. post* p. 6t*_ 23 9. Any contracl existing .it the conuneuceinent of this. Act, whereby ;i workman relinquishes any right to com- pensation from tlif employer for personal injury arising out of and in the course of bis employment, shall nor. for the purposes of this Act, be deemed to continue after the time a1 which the workman's contract of service would determine it notice of the determination thereof were given al the commencemenl of this Art. (o) (See Section 3). 10. (1.) This Acl shall come into operati n the firsl «la\ ^t July one thousand eight hundred and ninety- eight. (■_'.) This Act may be cited as the Workmen's Compen sation, Act, 1897. el it is important to oote thai there appears to be nothing in this Act which prohibits a workman Erom contracting out of the Employers' Liability Act, 1880, or abandoning his Common Law rights, or which puts an end t > any existing agreement by which a workman has contracted out of the Act of L880. No existing con- tract, however, would deprive him of Ins rights to compensation under this Act utter the expiration of the time mentioned in the sect ion. It was held by the late Lord Advocate thai it was not legal according to Scotch law to contract out of the Act of 1880, except as to non-fatal accidents. The Fatal Accidents Act. 1846, does not apph to Scotland. 24 FIRST SCHEDULE. Scale and Conditions of Compensation. Scale. ( 1 .) The amount of compensation under this Act shall be — (ft) where death results from the injury — (i.) if the workman leaves any dependants wholly dependent upon his earnings at the time of his death, a sum equal to his earnings in the employ- ment of the same employer during the three years next preceding the injury, or the sum of one hundred and fifty pounds, whichever of those sums is the larger, but not exceeding in any case three hundred pounds, provided that the amount of any weekly payments made under this Act shall be deducted from such sum, and if the period of the workman's employment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be 156 times his average weekly earnings during the period of his actual employment under the said employer (o); (o) Mr.Asquith, Mr. John Burns, and several other M.P.'s thought that periodical payments were preferable to a lump sum. Sir W. Houldsworth suggested that in the case of death a moderate sum — £10 or £15 — be first paid to meet the funeral expenses, then generous weekly payments for the first 12 months in order to allow the family time to turn round and consider how they were going to live in the future, then at the end of 12 months a lump sum. (The Times, June 3, 1897). Mr. Chamberlain estimated the average earnings of a workman during three years to be about £180. The word " earnings " in- cludes things capable of being turned into money by accurate estimation, such as rent, food, and clothes ; but not a thing so vague as tuition which an apprentice receives from his master. Noel v. Redruth Foundry Co., 1896, 1 Q.B. 453. 25 (ii.) if ill.- workman does n< »t leave any such dependants, but leaves any dependants in part dependenl upon his earnings .-it the time <>1 his death, such sum, not exceeding in any case the amount payable under the Foregoing provisions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration under this A.ct, to be reasonable and proportionate /" the injury to 1 he said dependants ; and (/>) (iii.) if be leaves no dependant, the reasonable ex- penses of liis medical attendance and burial, not exceeding ten pounds : (/>) where total or partial incapacity for work results from the injury, a weekly payment during the in- capacity after the second week (g')not exceeding fifty percent, of bis average weekly earnings during the previous twelve months, it' he has been so long employed, but it' not, then for any less period during which li«- has been in the employment of the same employer, such weekly payment not to exceed one pound. ()•) (2.) In fixing the amount of the weekly payment, regard shall be bad to the difference between the amount of the average weekly earnings oi the workman before the accident and the average amount which he is able to earn after the accident, and toanypayment not being wages which he may (//) Where a workman leaves any dependants wholly dependent upon his earnings, the maximum amount of compensation is £300, the minimum £150. Where the dependants are only in part de- pendent, the maximum is the same, but there iB no minimum. There- fore a relative in receipt of a shilling or two weekly from other sources will not be strictly entitled to claim the minimum <>!' £150. The words " proportioned to the injury"have received judicial interpretation under Lord Campbell's Act. Funeral expenses ean- no1 be taken into account, as they must be incurred sooner or later [Dalton v. S. E. By. Co., t C.B.N.S. 296). See also /'t two weeks. See pp. 12 and 50. (r) At present the average relief paid bj the various Provident Societies does not exceed eight shillings a week. See page 59. 26 receive from the employer in respecl of his injury during i he period of his incapacity, (s) (3.) Where a workman has given noti< f an accident, he shall, if so required by the employer, submit himself for examination bya duly qualified medical practitioner provided and paid by the employer, and if he refuses to submit him- self to such examination, or in any way obstructs the same, his right to compensation, and any proceeding under this Act in relation to compensation, shall be suspended until such examination takes place. (4.) The payment shall in ease of death, be made to the legal personal representative of the workman (t), or, if he has no legal personal representative, to or for the benefit of his dependants, or, if he leaves no dependants, to the person to whom the expenses are due; and if made to the legal personal representative shall be paid by him to or for the benefit of the dependants or other person entitled thereto under this Act. (u) (Note. — Dependent brothers, sisters, nephews and nieces have no claims whatsoever as relatives under this Act. (See p. 68). The employer does not seem to be protected from liability to pay again, when the amount is settled by agreement, if he pays to a wrong person). (s) " In Northumberland and Durham, employers paid compen- sation to every workman injured underground. From the date of the injury he received 5s. per week, called 'smart money.' This should be taken into account, and deducted from the amount of compensation for which an employer was liable under the Bill." — The Earl of Durham, see Times, July *_'7tli. 1897. (t) By " personal representative " is meant his executor, or in the absence nf a will, his administrator. The claims to a grant of letters of administration are admissible in the following order: — (1) Widow or husband, (2) child, (3) grandchild. (4) father, (5) mother, (6) brothers or sisters, or grandfather or grand- mother, uncles or aunts, nephews or nieces, (8) cousin-german. (k) Where the gross value of the personal estate of the deceased does not exceed £800, the person intending to applv for probate or letters of administration may deliver to the proper officer a notice of the particulars of the estate, and deposit 15s. for fees and ex- penses, and if the estate exceed £100, the further sum of 30s. for stamp duty (44 and 45 Vict., c. 1'2, s. 33). By " proper officer" is meant the registrar of the Court of Probate, and. in some cases, the County Court Registrar and the local Inland Revenue Officer. (.").) Any question as to who is a dependant, or as to the .- 1 1 1 1 < > 1 1 1 1 t payable to each dependant, shall, in defauh 1 of agreement, be settled by arbitration, under tlr.s Act. (6 ) The sum allotted as compensation to a dependanl may lie invested or ol herwise itj>^»li<-*l for the benefit of the person entitled thereto, ns agreed, or as ordered by t be commit tee or ot her arbitrator. (7.) Any sum which is agreed or is ordered by the committee or arbitrator to l>e invested may be invested in whole or in pari in the Post Office Savings Bank by the registrar of the county court in his name as registrar. (8.) Any sum to he so invested may be invested in the purchase of an annuity from the National Debl Commission- ers through the Posl Office Savings Bank, or be accepted by the Post-ma ster-General as a deposit in the name of the registrar as such, and the provisions of any statute or regu- lations respect ing the limits of deposits in savings hank, and the declaration to be made by a depositor, shall nor apply to such sums (v.) (9.) No part of any money invested in the name of the registrar of any county court in the Posl Office Savings Hank, under this Act, shall be paid out, except upon authority addressed to the Postmaster-General by the Treasury or by the judge of the county court. (10.) Any person deriving any benefi.1 from any moneys invested in a post office savings bank under the provisions of this Acl may, nevertheless, open an accounl in a post office savings hank or in any other savings bank in bis own name without being liable to anv penalties imposed by any statute or regulations in respect of the opening of accounts in two Savings banks, or of t wo account s in t he same savings bank. (II.) Any workman receiving weekly payments under this Act shall, if so required by the employer, or by any (v) A. table of lite annuities may be obtained at any post office. A lump -urn et £150 would procure a widow aged in an immediate annuity for life of 2a. I'M. per week. Unfortunately, Savings' Bank annuities are paid only in half-yearly sums. 28 person by whom the employer is entitled under this Act to be indemnified, from time to time submit himself for examination by a. duly qualified medical practitioner pro- vided and paid by the employer, or such other person ; but if the workman objects to an examination by that medical practitioner, or is dissatisfied by the certificate of such practitioner upon his condition when communicated to him, he may submit himself for examination to one of the medical practitioners appointed for the purposes of tins Act, as mentioned in the Second Schedule to this Act, and the certificate of that medical practitioner as to the condition of the workman at the time of the examination shall be given to the employer and workman, and shall be conclusive evidence of that condition. If the workman refuses to submit himself to such examination, or in any way obstructs the same, his right to such weekly payments shall be sus- pended until such examination lias taken place. (/'•). (12.) Any weekly payment may be reviewed at the request either of the employer or of the workman, and on such review may be ended, diminished or increased, subject to the maximuinabove provided, and the amount of payment shall, in default of agreement, be settled by ail titration under this Act. (13.) Where any weekly payment has been continued for not less than six months, the liability therefor may, on the application by or on behalf of the employer, be redeemed by the payment of a lump sum, to be settled, in default of agreement, by arbitration under this Act, and such lump sum may be ordered by the committee or arbitrator to (w) Once a claimant has accepted a sum of money in full satis- faction, lie lias no further remedy unless the acceptance has been obtained by the fraudulent misrepresentation of the employer or his agent, in which case the agreement may be set aside, although under seal. {Sirschfield v. London, Brighton, and South Coast Railway Co., 2 Q.B. Div. 1). Evidence on the face of a receipt that full satisfaction has been paid may be rebutted by other evidence. (Lee v Lancashire and Yorkshire Railway Co., L. Rep. 6, Ch. 527). The representatives of a deceased man are bound bv an acceptance in full satisfaction, in the same way as an injured man himself. {Read r. Great Eastern Rij. Co.; I,. Rep. 3 Q.B. 555). 29 be invested or otherwise applied as above mentioned (a;). (11.) A weekly payment, or ;t mum paid by way of redemption thereof, shall nol be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be sel off against the same (y). Nun:. This paragraph evidently does not apply to sums awarded as compensation in cases of death. (15.) Where a scheme certified under this A.ct provides for payment of compensation by a friendly society, the pro visions of the proviso to the first sub-section of section eight, section sixteen, and section forty-one of the Friendly Societies Act, 1896, shall not apply bo such society in respect of such scheme (.:). (16.) [n the application of this schedule to Scotland the expression " registrar of the county court " means "sheriff clerk of the county," and "judge of the county court means " sheriff." (17.) In the application of this Act to Ireland the pro visions df the County Officers and Courts (Ireland) Act. 1877, with respect to money deposited in the Post Office Savings Bank under that Act shall apply to money invested in the Post < Mlice Savings Bank under this Act. ('■) Only the employer is entitled to claim redemption by the payment el' a lump Bum. In practice, however, the initiative is generally taken by the injured workman or his dependent relatives. It is doubtful whether a third party who has indemnified the em- ployer can claim redemption el' the weekly payments. (//) An important part of this paragraph "as inserted as the result el' the Following remarks of Lord Herschel), in the Bouse ot Lords : — " 1 can find nothing in the Bill which excludes i he ordinary common-law liability of the servant lei- any act of negligence. He is liable like anyone else, and his employer can Bue him if through his negligence he Buffers any damage \t present I do see what answer there would In- to BUCh an action, or what would Btand in the way of the employer in getting judgment, [f he got judgment, was there anything to prevent his getting the fruits of that judgment out of the sum which was supposed to compensate the workman byreasonof the injury he had received? 1 (See Times, 27th July, 1897.) (z) See these sections set out in Appendix K,post. Under Sections 70 ami 71 of the Friendly Societies Act, 1896, a Registered Society may convert itBelf into a Company, or transfer its engagements to another Registered Society. 30 SECOND SCHEDULE. ARBITRATION. The following provision shall apply for settling any matter which under this Act is to be settled by arbitra- tion : — ■ (1.) If any committee, representative of an employer and his workmen exists with power to settle matters under this Act in the case of the employer and workmen, the mat tin- shall, unless either party objects, by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to arbitration as herein-after provided. Note. — In taking evidence the arbitrator may proceed as he chooses, provided neither party objects before the award, but in order to obviate objection he should proceed accord- ing to the ordinary rules of law. (2.) If either party so objects, or there is no such committee, or the committee so refers the matter or fails to settle the matter within three months («) from the date of the claim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agreement by the county court judge, according to the procedure prescribed by rules of court, or if in England the Lord Chancellor so authorises, according to the like procedure, by a single arbitrator appointed by such county court judge. (3.) Any arbitrator appointed by the county court judge shall, for the purpose of this Act, have all the powers of (a) The 13th November was held to be within three months of the 13th August. Foster, exparte, Hanson, In re. 56 L.T. 573. By "months" is meant calendar months. Three months from 31st March will expire on June 30th. Six months from August 28th, 29th, 30th, or 3lst will expire on February 28th in any year which is not a Leap year. (Miyotti v. Colville, 40 L.T. 747.) Failing settlement within three months the matter goes to arbi- tration. How will the dependants live during tliat time and the subsequent period of arbitration ? 31 ;i county court judge, and shall be paid out of moneys to be provided by Parliament in accordance with regulations to 1»' made by i he Treasury, (c) (4.) The Arbitration Act. 1889, shall not apply to any arbitration under this Act; bul an arbitrator may, if he thinks lit. submit any question <>t' law for the decision of the county court judge, and the decision of the judge on any question of law, either on sucb submission, or in any case where he himself settles the matter under this Art . shall be final, unless within the time and in accordance with the conditions prescribed by rules of the Supreme Oourl either party appeals to the Court of Appeal (v some <>t her person. (c) Treasury regulations will be issued in due course. Ii will be observed that par. 3 does not applj to arbitrators appointed by the pari ies. ((/) Tlic right of appeal is excluded in all cases in which the panies agree, in writing, before judgment, nol to appeal. C.C. Art. L888, Bection L23 . (e) This paragraph ( Ii dees not apply to Scotland. [Si e par. 15, past). The power to procure the attendance of witnesses, &c, is given by this par. to the judge and to the arbitrator appointed by him, but net to other arbitrators. Section 16 of Act It and 15 Vict., c. 99, enacts that " every arbi- trator ... hereafter having . .by consent of parties, authority to hear, receive, and examine evidence, is herebj empowered to administer an oath to all Buch witnesses as are legally called." See App. B., term 8. 32 (6.) The costs of and incident to the arbitration and proceedings connected therewith shall lit- in the discretion of the arbitrator. The costs, whether before an arbitrator or in the county court, shall not exceed the limit prescribed by rules of court, and shall be taxed in manner prescribed by t hose rules. (7.) In the case of the death or refusal or inability to act of an arbitrator, a Judge of the High Court at Chambers may. on the application of any party, appoint a new arbitrator (/'). Note. — The- application may be made to a Master in Chambers. (See Order LIV.. rule 12. Rules of the Supreme Court. Also Smeeton v. ' 'oilier, 1 Ex. 457). (8.) Where the amount of compensation under this Act shall have been ascertained, or any weekly payment varied, or any other matter decided, under this Act, either by a committee or by an arbitrator or by agreement, a memo- randum thereof shall he sent, in manner prescribed by rules of court, by the said committee or arbitrator, or by any party interested, to the registrar of the county court for the district in which any person entitled to such compensation resides, who shall, subject to such rules, on being satisfied as t.i it- genuineness, record such memorandum in a special register without fee. and thereupon the said memorandum shall for all purposes be enforceable as a county court judg- ment. Provided that the county court judge may at any time rectify such register (- district in which ;ill the parties concerned reside, <>r if th>'\ reside in different districts the district in which the accident oui of which the said matter arose occurred, wit hour prejudice to any transfer in manner provided by rules of court. (K>.) The duty of ;i county court judge under this Act. or of an arbitrator appointed by him, shall, subject to rules of court, In- pari of the duties of the comity court. and the officers of the court shall act accordingly, and rules of court may be made hoth for any purpose for which this Act authorises rules of court to he made, and also generally for carrying into effect this Act so far as it affects the the County court, or an arbitrator appointed by the judge of the county court, and proceedings in the county court or before any such arbitrator, and such rules may, in England, h»- made by the five judges of the county courts appointed for the making of rules under section one hundred and sixty four of the County Courts Act, 1888, and when allowed by the Lord Chancellor, as provided by that section, shall have full effect without any further consent. (11.) No court fee shall be payable by any party in respect of any proceeding under this Act in the county court prior to the award. (12.) Any sum awarded as compensation shall be paid on tie- receipt of the person to whom it is payable under any agreement or award, (h) and his solicitor or agent shall not be entitled to recover from him. or to claim a lien on. or deduct any amount for COStfl from. 1 lie said sum awarded, except such sum as may be awarded by the arbitrator or county court judge, <>n an application made by either party to determine the amount of costs to be paid to the said solicitor or agent, such sum to be awarded subject to taxation and to the scale of cost s prescribed by rules of court. (/i) The usual grounds for sotting aside ;in award are: — (1) That the arbitrator lias been guilty of misconduct ; (2) That the award has been improperly procured : (3) That the arbitrator has not pursued the submission : (4) That the award is indefinite and inconclusive. c 34 (13.) The Secretary of State may appoint legally qualified medical practitioners for the purpose of this Act, and any committee, arbitrator, or judge may, subject to regulations made by the Secretary of State and the Treasury, appoint any such practitioner to report on any matter which seems materia] to any question arising in the arbitration ; and the expense of any such medical practitioner shall, subject to Treasury regulations, be paid out of moneys to be provided by Parliament. (14.) In the application of this schedule to Scotland — (a.) "Sheriff" shall be substituted for "county court judge," "sheriff court "for "county court," "action" for " plaint," " sheriff clerk "for" registrar of the county court," and "act of sederunt " for "rules of conrt:" (b.) Any award or agreement as to compensation under this Act may be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral : (c.) Any application to the sheriff as arbitrator shall be heard, tried, and determined summarily in the manner provided by the fifty-second section of the Sheriff Courts (Scotland) Act, 1876, save only that parties may be represented by any person authorised in writing to appear for them, and subject to the declaration that it shall be competent to either party within the time and in accordance with the condi- tions prescribed by act of sederunt to require the sheriff to state a case on any question of law deter- mined by him, and his decision thereon in such case may be submitted to either division of the Court of Session, who may hear and determine the same finally, and remit to the sheriff with instruction as to the judgment to be pronounced. (15.) Paragraphs four and seven of this schedule shall not apply to Scotland. (16.) In the application of this schedule to Ireland the expression "county court judge" shall include the recorder of any city or town. 35 PERSONAL [NJUBIES BY ACCIDENT. Section I of this Act provides that if in any employment to which the Act applies, "personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with thf First Schedule." A recent judicial decision having raised ;i difficult ques- tion as to the definition of an accident, and cases turning upon it having arisen in connection with the Lancashire and Cheshire .did NTorth Wales Miners' Relief Societies, their Boards of Management consulted the late Attorney General Sir R. T. Reid, Q.C., M.P., and his opinion will be read with much interest. It is as follows: — " The term ' accident ' means an occurrence out of the ordinary which produces death or disablement from work. There must be some casually or special occurrence. Death or disablement not produced by a particular occurrence to wbich you can point is not a case of ' accident ' within the Rules. And even if you can point to a particular occurrence as a cause there is no accident if it is something which is in the ordinary course in the work the man undertakes. •• In most cases an 'accident' is accompanied by something in the nature of violence, e.g., a fall or blow, or explosion. But it is not essential that there should be any element, of violence. The shock caused to a signalman by having on an emergency to prevent imminent danger of injury to a train approaching his signal box was treated as an accident in Push's Case (L.li. 1896, Q.B., 24ft). Again, if a man had to work in an exceptionally bad atmosphere due to breakdown of machinery, fainted, or in an exceptional wet, due to a similar cause, and caught rheumatic fever or was kept an excessive time in a pit from a fall from the roof or from breakdown of machinery and fell ill, all these might legitimately be treated as cases of accidents within these rules. For in such cases there would be an occurrence out of the common which caused the sickness. Hut if the air was t he ordinary, or the wet was the ordinary, or the time he had to be in the pit was the ordinary, and yet by reason of that particular man being unable to support it he fell ill. it would not bean acci- dent, because nothing would have occurred out of the ordinary, and so it would not be an accident if his hands were blistered or 36 his knees injured or he suffered from blinking merely from doing his work in the ordinary condition. This is as near to a descrip- tion and definition of accident as I can come, and I supplement it by a further observation. However nicely one may adjust a definition of' accident' there will always be cases on the border land. "The case submitted can only be treated as an accident if the Board of Management are satisfied that the man contracted his illness from working in exceptional condition. This is a question of fact. (Signed) "R. T. REID. Feb. 1897." In the case of Pugh v. London, Brighton and South Coast Railway, it was held that Pugh was incapacitated from employment by a physical disease of the nerves brought on by fright caused solely by the state of an express train which was approaching with one of the carriages off the line. The severe nervous shock he sustained was held to be as much of an accident as if the train had struck him. (Court of Appeal, 1896, 2 Q.B. 248 ; 74 L.T. 724). In contradistinction to this case, see Victorian Railway Commissioners v. Coultas, 13 Ap. Ca., 222, P.C., in which it was held that damages resulting from a nervous shock, caused by fear of a threatened collision which did not occur were too remote to be recoverable. The difference in these two decisions is chiefly due to the fact that the former action rested on contract (insurance), the latter on tort (negligence). In the case of Sinclair v. The Maritime Passenger's Assurance Company, 4 L.T. 15, it was held that sunstroke was not an accident. " In the term ' accident ' as so used, some violence, casualty, or vis major is necessarily involved. We cannot think disease produced by the action of a known natural cause can be considered as accidental. Thus disease or death engendered by exposure to heat, cold, or damp, the vicissitudes of climate or atmospheric influences, cannot, we think, properly be said to be accidental — unless the ex- posure is itself brought about by circumstances which may give it the character of accident." (Chief Justice Cockburn.) 37 Blackburn, J., laid down t he doctrine (iii Smith v. London and .South Western Railway Company, L.R. 1 C.P. '.*' s ; Ex. Ch. L.R. 6 C.P. 14), that if disease is produced l>y an accident, and suicide is the result of the disease, they are both the natural outcome of the injuries arising out of the accident . A workman who is apparently but slightly injured is not required by any principle of law to abandon Iris work and lay by, thus sacrificing his earnings, and perhaps putting his family to privations in order to cheaply exonerate the employer from possible developments of the injury for which he is liable to pay compensation. A mistaken judgment of a workman in resuming work too soon will not defeat his claim. It might be other- wise, however, if he wilfully disregards medical advice. Although by care and skilful treatment the party might have recovered from the injuries received, or was at the time afflicted with a disease which at a more remote period might, in the course of nature, have terminated his exist- ence, his employer might be liable to pay compensation if the injury received, by provoking and irritating the disease, hastened his death. It has been held in the American Courts that though the plaintiff be afflicted with a disease or weakness which has a tendency to aggravate the injury received, the defendant's negligence will still be held to be the proximate cause, unless it is clearly shown that death must have ensued in- dependently of the injury. This conclusion agrees with the principle of English law. In the case of [sitt v. Railway Passengers Assurance Co. (22 (^.B.D., 501. W.N., 10; 86 L.T., 239, 24, L.J.N.C, 12), it was held by Huddleston and Wills, J. J., that death resulted from an accident, although the immediate cause was pneumonia. The party had met with an accident which dislocated his shoulder, and confined him to his bedroom. The pneumonia was owing to a cold contracted whilst in the bedroom : and the debility from the accident rendered him more liable to cold and less capable of resisting illness. 38 Incapacity to work from natural decay does not amount even to sickness. (Dunkley v. Harrison, 56, L.T., 660). Bodily Injury. The defendant agreed to pay the plaintiff* compensation for "any bodily injury caused by violent, accidental, external and visible means," but not for injuries resulting from weakness or natural disease. The plaintiff sustained injury by breaking a ligament in his knee while he was in the act of stooping. The Court of Appeal held that the plaintiff' was entitled to compensation. (Hamlin v. Crown Accidental Insurance Co., 4 R., 407 ; 1893, 1 Q.B., 750 ; 68 L.T., 701 ; 41 W.R , 531). This case is of great importance to miners, who are particularly liable to injuries while in the act of stooping. In the case of Cawley v. National Employers Assurance Association (1 C. & E. 597), the insurers had agreed to pay compensation for injuries occasioned directly or solely by external or material causes visibly operating upon the person of the assured, but not in case of death accelerated or promoted by any disease or bodily infirmity. A. met with an accident, but death would not have ensued had he not at the time of the accident been suffering from gall stones. The court refused to order compensation, the defendant being protected by the conditions of the contract. Falling into a stream whilst in an epileptic fft was held to be an accident in the case of Winspear v. Accident Insurance Co., 6 Q.B.D. 42 ; 43 L.T. 459. (Court of Appeal.) See also Reynolds r. Accidental Insurance Co., 22 L.T. 820; 18 W.R. 1141. Falling under a train whilst in a fit was held to be an accident in Lawrence v. Accidental Insurance Co.. 45 L.T. 29 ; 29 W.R. 802. Breach of Duty. — It was laid down in Atkinson v. Newcastle and Gateshead Water Co. (36 L.T. 761 ; 25 W.R. 794 — C.A.) that the mere fact that a breach of a public statutory duty has caused damage does not in itself give a right of action to the person suffering the damage against the person guilty of the breach. Such right of action depends upon the object and language of the particular statute. 3i> SERIOUS AND WILFUL MISCONDUCT, Section 1, subsection 2 (c) provides that — " If it is proved that the injury to a workman is attributable to the serious and wilful misconduct of thai workman, any compensation claii 1 in respect of that injury shall he disallowed." This clause will form the hone of contention under thi> Act. What amounts to "serious and wilful misconduct"' is entirely a question for the arbitrator. If. however, schemes of compensation he entered into hy the employers and workmen somewhat similar to the existing Relief Societies, the question of misconduct, either on the part of the employers or of the workmen, will probably not be inquired into. At presenl the Miners' Relief Societies generally pay compensation for injuries received while at work, regardless of the negligence or misconduct of either I,; '" y - "It would be unfair, said Mr. Chamberlain, '"that the workman should he debarred from compensation because of the breach of one, perhaps, out of a hundred rules. Even in the rules embodied in Acts of Parliament there are many that are not of a serious character In my opinion, there is no doubt whatever that the wilful breach of a rule distinctly intended to secure the safety of of a man and his fellow workmen would constitute serious and wilful misconduct, and, under these circumstances. the arbitrator would refuse compensation." (Parliamentary Debates, July 6th, 1897.) "It would be dangerous" said the Home Secretary, in the same debate, " to introduce a hard and fast line, and to prevent an arbitrator from giving compensation in all cases where there had been a breach of rules, including cases where the rule had been disregarded for some yean because it had not been absolutely necessary for the safety of the workmen in the mine. The House, I 40 believe, is of opinion that a deliberate breach of rules understood to be for the safety of the men, and regularly enforced, would constitute serious and wilful misconduct." " I understand," said the Prime Minister, in a debate, in the House of Lords, on July 26th, 1896, "that magistrates would not fine for. an offence if it was not serious. If they fined for an offence, presumably it would be serious, arid if serious, it would be a bar to compensation." " There may be a breach of the rule," replied Lord Herschell, "which could not be described as serious and wilful misconduct. If every breach of a rule for which a magistrate can fine is therefore ' serious and wilful,' that would be a wide interpretation of the clause." Replying to Mr. Abraham (Mabon), on July 30th, 1897, Mr. Chamberlain pointed out that in a case where a work- man was actually told by his overman to do something which led to an accident, it could not be called serious and wilful misconduct on the part of the workman. " Wilful misconduct;" said Mr. Asquith, " is a totally different thing from negligence." — (Parliamentary Debates, July 30th, 1897.) To exempt the employer from payment of compensation, he must prove that the misconduct was the pi'oximate, though not necessarily the sole cause of the injury. (See page 42.) In 1896 seven owners or managers of mines were con- victed of offences connected with lamp explosions. The number of workmen convicted of such offences was 65, while 59 others were convicted of neglecting to set sprags and blocks, 44 of offences in connection with the use of explosives, and 137 of carrying matches and smoking in mines. In 28 per cent, of the inquests held by the author during the past five years (1893-7), it was alleged that death resulted from the negligence or misconduct of the deceased. In several of these cases it was impossible to disprove the allegation, for " dead men tell no tales." 41 LIABILITY OF WORKMEN. In the case of Howells v. Wynne, 15 U.B., N.s. :i; 32 L.J., M.C 241, it was held that a workman who w;is present and who could have, but bad not, prevented h breach of a special rule, was properly convicted under section 5 ol' the Summary Jurisdiction Act, 1848, 1 1 and 12 Vict. c. 43. It is no excuse tor non-compliance with the provisions ol a special rule established at a mine that such mine did not require to be placed under such rule. (See Nimmo r. t 'lurk ami another, 11 Scot. Jur. 2G7 ; Edgar r. Lata ami Brand, 4 1 Sent Jur. 6U.) Under the Mines Regulation Act. 18H7, section 60, it' an owner, official, or workman is guilty of any offence against the Act which was reasonably calculated to endanger the safety of the persons employed in or about the mine, or to cause serious personal injury to any of such persons, or to cause a dangerous accident, and was committed wilfully by the persomil act, personal default, or personal negligence of the person accused, he shall be liable to a tine, or to im- prisonment, with oi- without hard labour, lor a period not exceeding three mont bs. There is nothing iu the Workmen's Compensation Act, 1897, which excludes the ordinary common law liability of the servant for any act of negligence. He is liable like any one else, and his employer can sue him if, through his negligence he suffers any damage. But no claim of the employer can be set oil' against the sum due under this Act to an injured workman. (See First Schedule, par. I I. and note (y) thereto). If a workman maliciously and wilfully Wreaks a contract of service, reasonably believing that the probable conse- quences will he to endanger human life, or cause serious bodily injury, or expose valuable property to destruction or serious injury, he may l>e proceeded against summarily, and on conviction is liable to a penalty not exceeding £20, or to imprisonment not exceeding three months, with or without hard labour (38 and :!i) Vict., c. W. ss. •"». '.».) 42 Under the Act of 1897 the onus is thrown upon the employer to prove that the injury is attributable to the serious and wilful misconduct of the workman — an exceed- ingly difficult task, especially after a great disaster. " It will take a very great lawyer," said Mr. Chamberlain, '' to know the difference between solely attributable and attributable.' 1 '' The word "solely" was deleted by the Lords. It will be observed that under Sec. 6 of the Act, the employer is entitled to be indemnified by a third party whose negligence or misconduct has caused the injury in respect of which the employer has paid compensation. It seems to be immaterial whether the third party is a. stranger or a fellow workman, so far as the legal right of the employer is concerned. ACTIONS INDEPENDENT OF THIS ACT. Section 1, sub-section 2 (b), of this Act provides that '" when the injury was caused by the personal negligence or wilful act of the employer, or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compen- sation under this Act, or take the same proceedings as were open to him before the commencement of this Act ; 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 Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid." An employer may become liable at common law for personal negligence in the choice of his servants. (Tar- rant v. Webb, 18 C.B. 787 ; Allen v. New Gas Co., 1 Ex. D. 251.) Also for providing bad timber for a scaffold. (Roberts v. Smith, 2 H. & N. 213). Also for allowing a servant to use an unsafe and unprotected machine. (Watling v. Oastler, L.R, 6 Ex. 73.) But the master is i:; not Liable it' ha < 1 i < I aot know it to l><* in :in unsafe state. (Griffiths v. L. & S. Katherine's Dock Co., 13 Q.B.D. -J.")!).) At common law an employ er ia liable only for hi> personal failure to take reasonable precautions. In the case of Senior v. Ward, where the plaintiff knew thai there was r rule thai the pit ropes should he te.-ted every morning before any one wenl down, and also knew that the rule was habitually disregarded, and notwithstand- ing the advice of tin- banksman, got into the cage and was kdlnl.it was held that the employer was not liable. (28 L.J.,Q.B., 139.) Com/awn Employment. A workman cannot recover damages at common law tor injuries arising from the negligence of a fellow servant. According to the doctrine of "common employment," a servant, when he engages to serve a master, undertakes to run all the ordinary risk.- of the service, ami this has been held to include the risk of negligence on the pari of a fellow servant. A certificated colliery manager and a miner, a foreman and a labourer, a driver and a guard, are fellow servants engaged in a common employment. The injustice of this defence of common employment gave rise to a Parliamen- tary inquiry which resulted in that doubtful advantage known as '"The Employer's Liability Act. 1 H80." The follow in- are t he leading provisions of that Act ; Where personal injury is caused to a workman — (1) By reason of defects in the ways, works, machinery, or plant ; or (2) By the negligence of ;i servant to whose order- the workman was bound to conform, and had conformed; or (3) By reason of an act or omission doi V made by another servant in accordance with improper or defect ive insl ruct ions or bye-laws of t he employer ; or (4) By the negligence of a fellow-servanl having control of any signal point-, locomotive, engine, or train, on a railway ; Then the workman, or hi.- representative in case of his death, has a right of action for compensation, unless the 44 workman knew of the defect or negligence, and omitted within a reasonable time to inform the employer or superin- tendent thereof, unless the employer or superintendent was already aware thereof. An employer may still contract with his workmen that they shall not take advantage of the provisions of the Act of 1880. In the case of Griffiths v. Dudley (9 Q.B Div. 357), the employer sent a circular to each workman stating that he must look for compensation to a benefit club instead of to the Act of 1880. The Court held that the workman, by continuing in his employment, had im- pliedly agreed to the terms of the contract. An employer or workman cannot contract out of the Act of 1897, unless for something certified by the Registrar to be equally beneficial to the workman. Printed notices placed in prominent positions about the works declaring that the workman must look only to the Act of 1897, and not to the Act of 1880, for compensation, would probably protect the employer from an action under the latter act. (See Cams v. Eastwood, 32 L.T. Rep., N.S. 855.) The Fatal Accidents Act, 1846, gave no new cause of action, but only substituted the right of the representative to sue in the place of the right which the deceased himself would have had if he had survived ; that is, a right to recover in a case where the maxim actio personalis moritur cum persoad would otherwise have applied. (See Bradbum v. Great Western Railway, 31 L.T. Rep., N.S. 464.) The relatives may sue for whatever damages they may think a jury will award them ; but when the cause of action arises from negligence which is only actionable under the Act of 1880, the amount of compensation under that Act shall not exceed such sum as may be found to be equivalent to the estimated earnings during the three years preceding the injury, of a person in the same grade employed during those years in the like employment and in the district in which the work- man is employed at the time of the injury. (43 and 44 Vict., c. 72, sect. 3.) 45 The Workmen's Compensation Act, 1897, sect. I. sub- sect . 4. enacts I hal '•It' within the time ftereinafitet' in tin's Acl limited for taking proceedings, an art ion is brought to recover damages independently of this Act tor in jury caused by any accident, ainl it is determined in such action that the injur] is one for which tin- employer is not liable in such action, bul that he would have been liable to pay compensation under the provisions of this Act. the action shall be dismissed; bul the court in which the action is tried shall, it' the plaintiff shall so choose, proceed to assess such compensation, and shall he at liberty to deduct from Mich compensation all the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act. "In any proceedings under this sub-section, when the Court assesses the compensation it- shad give a certificate of the compensation it has awarded, and the directions it bas given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act." This sub-section differs from Lord Campbell's Act, and the Act of 1880, as to the time within which to bring an action independently of this Act, in case of death from injury; and it seems that this sub-section would not appl] to an action brought after six months from date of death. Should an injured workman sue his employer for damage- independently of this Act, for injuries either exceeding or not exceeding two weeks in duration, the employer will Mill be entitled to plead "contributory negligence," or the doctrine of "common employment," or apply the maxim "volenti von Jit injuria'' (No injury is done to .-> consenting party.") it seems, however, that the costs of an unsuccessful action for damages for non-fatal injuries cannot be deducted from the amount of compensation subsequently awarded by an arbitrator in another court. (See S. I. s.s.. 4 and Hched. 1., 14. 46 Where by one act of negligence, personal injury is caused to A, and also damage to his property, he may bring separate actions for the damage and for the personal injury. Recovery for the former is no bar to a recovery for the latter. (Brunsden v. Humphrey, 14 Q.B.D. 141, C.A.) As to the liability of contiguous mine owners for injury caused by water flowing from one mine into the other, see Smith v. Kenrick, 7 C.B. 515 ; Baird v. Williamson, 15 C.B., N.S. 376 ; also Roscoe's N.P. One of two co-proprietors of a mine was held civilly liable for the personal negligence of the other, in Ashworth v. Stanwix (30 L.J., Q.B., 183). Criminal Liability. — Nothing in this Act affects the criminal liability of the employer, or his agent. Generally, a person upon whom the law imposes any duty, or who has by contract taken upon himself any duty tending to the preservation of life, and who neglects to perform that duty, and thereby causes the death of another, is guilty at least of manslaughter. (Stephen's Or. L. art. 211 ; R. v. Curtis 15 Cox, C.C. 746.) It is no defence in such cases that the deceased was guilty of contributory negligence. It matters not whether the deceased was deaf, or drunk, or negligent, or in part contributed to his own death ; and in this consists a great distinction between civil and criminal proceedings, (a) But a verdict of man- slaughter is only justified where the death is the direct result of the act or omission. Thus, the negligence of a servant will not generally render his employer guilty of manslaughter if death ensue, unless the employer be proved to have known of the incompetency of the servant, (b) In the case of Dyer v. Munday (1895) 1 Q.B., 742, the Court of Appeal held that a master is civilly liable in damages for the criminal act of his servant, if the jury find that the servant did the act in the course of his employment. Sub-contracting . — In the case of Brown v. Butterley Coal Co. (53 L.T. 964) the defendants were owners of a mine worked under the "butty" system, by which a man 17 contracts with the owners to bring coal up at bo much per ton, and for this purpose employs men under him. The deceased had been so employed and had l»een killed by an explosion. LleLl, that he was in the employ of the owners, not of the contractor. Negligence of Contractor's Workmen. A district council engaged a contractor to do some engineering work, the latter specially bargaining to be responsible for all damage arising from the work. The Court of Appeal held that the council could not shelter themselves behind their contractor in respect of a breach of duty, and were liable for personal in- juries resulting from the negligence of the contractor's work- men. (C.A.1896,74 L.T.69Hardakerv. [die District Council.) Section 4 of this Act is clear on the liability of the em- ployer as against that of the contractor in all proceedings under the Act, the employer, however, being entitled to be indemnified by any other person who would have been liable independently of that section. The House of Lords recently decided that if a company end wagons gratuitously to another company, the lending company has no direct duty to see that the wagons are in a proper condition, and is therefore not responsible for injuries arising therefrom. (Caledonian Hail. Co. r. MidhoUand (1897), 47 W.N. 159). The same rule would probably apply to all machinery or plant gratuitously lent by one employer to another. a) Per Pollock, C.B. in /?. v. Surindall, 2, C. and K. 230. (6) B. v. Lowe, 3, C. and K. 123 : E. v. Haines, 2, C. and K. 268 48 .SCHEMES OF COMPENSATION. Section 3 of the Act provides that (1). " If the Registrar of Friendly Societies, after taking steps to ascertain the views of the employers and workmen certifies that any scheme of compensation, benefit, or insurance for, the workmen of an employer in any employ- ment, whether or not such scheme includes other employers and their workmen, is on the whole («) not less favourable to the general body of workmen and their dependants than the provisions of this Act, the employer may, until the certificate is revoked, contract with any of those workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply, notwithstanding any contract to the contrary made after the commencement of this Act." " Our object in inserting this clause," said Mr. Chamber- lain, " is that we do not wish to prevent a workman doing better for himself by the consent and with the goodwill of his employer than legislation can do for him." " We believe," said Sir Matthew White Ridley, on intro- ducing the Bill, "it is better to provide compensation by mutual agreement rather than by law. We believe that if both parties could come to an agreement to settle their own differences — I would rather say their own wants — in their own way, it would be a more satisfactory way than by the most liberal legislation Parliament can provide. It may be possible that some reconstruction of the existing societies may be involved ; but we desire to give room to them to provide further advantages." (See Times, May 4th, 1897) It was at first believed that this Act would destroy the admirable Relief Societies which miners, railway servants, (a) " The words ' on the whole,' give the widest possible discre- tion. . . . The Registrar is entitled, as the clause now stands, to look at the collateral benefits of the scheme." [The Lord Chan- cellor : see Times, July "27th. 1897). 49 and other workmen, in conjunction with their employers, h;if annuities was 3,108, children, 4332 ; and the number of disablement cases dealt with and relieved during the year was 49,008. It was feared also that the Act would gradually destroy the various Friendly Societies such as the Oddfellows, the Foresters, and others which provide relief to their members in cases of accident, sickness, old age, or other infirmity. In reply to these fears which were expressed in Parliament, Mr. Chamberlain said"! have do hesitation whatever in saying thai tin's proposal will give an immense impetus to Friendly Societies. It will throw upon them the burden of their tine work. It will leave open to them the dealing with those trumpery accidents which ought properly to lie provided for by the thrift of the workmen themselves. I call them 'trumpery accidents, because they \ his gross negligence, or wrongful act, theallowance shall he into the country, or to a Convalescent Home, or for a Surgical appliance. Suii-< lOMMITTEES. XX. — Sub-committees may be appointed by the Com mittee to impure into accidents in accordance with the following regulations:—- . 1. An inquiry shall be made as soon as possible into every accident, except as provided below, if the injured man claims accident money. In the case of trivial accidents where an Officer of the Company, 58 a Member of the Sub-Committee, and the injured Workman agree that it would l>e a waste of time to summon a sub-committee, a statement of the case, signed by these three persons, shall be entered in the Accident Book. '2. The Committee or sub-Committee may call wit- nesses and hear evidence, and thoroughly investigate all the conditions and circumstances connected with the accident, 3. If, in the opinion of the Committee or Sub- Committee, anything can.be done to prevent a similar accident in future, they shall make such recommend- ation as they may consider necessary. 4. The enquiry shall take place in public, that is, in the presence of as many of the Workmen as can con- veniently attend without unduly interfering with their work, and, where practicable, the enquiry shall be held on the spot where the accident happened. 5. The verdict of the Committee of inquiry shall be posted up in one or more conspicuous places about the works, and a summary of the case and the proceedings thereon, with the verdict and the names of the Committee, shall be recorded in a book kept at the works for the purpose. A copy of this summary shall also be sent to the Secretary of the Company to be laid hefore the Directors. Note. — The following questions are submitted as a guide to the Committee of Inquiry to be used at their discretion, to which they may add any remarks they may consider necessary : — Questions. 1. Was the accident caused by any neglect on the part of anyone connected with the Company, and if so who was in fault ? 2. Was there any defect in the plant or materials used, and if so, state what it was ? 3. Was there any mistake in the manner in which the work was done, and if so, state its nature ? 4. Was the accident the result of any negligence or care- lessness on the part of the injured man ? .">. Was it a pure accident for which no one was to blame ? 59 Notice to Close Find.- Disposal of Balance. XXI. Biz months' notice from the Company or Work- men shall terminate the existence of this Fund, and any balance remaining after meeting all liabilities shall l>e dis- tributed as may be arranged between the Company and the Workmen, or as may be determined by the Registrar of Friendly Societies in the even! of a difference of opinion. Alteration of Rules. XXII. Notice of any proposed increase or decrease in the amount of contributions or an alteration of the scale of allowances or any alteration or addition to these Rules, shall be posted at all the offices of t ho Company tor fourteen days, and Meetings of Workmen will lie held for an expres- sion of opinion upon the same. If approved by a two- thirds majority, the alterations or additions shall lie in- corporated in the Rules. Ambiguous Kuj.es. XXIII.— In all cases when the meaning of a Rule is disputed the decision of the Committee shall be final. With a few slight alterations the ordinary rules of a Relief Fund or Friendly Society may satisfy the Registrar S£ a Scheme under the Act. AMOUNT OF COMPENSATION "It is a preposterous presumption," said Mr. Chamber- lain, " that the arbitrator will give the maximum in every case.'" Full discretion is given to the arbitrator to award any sum not exceeding the maximum mentioned in the First Schedule. (See page 24). "A man," said Mr. Chamberlain, "may he partially incapacitated: he may still be able to perform other work at a little less remuneration, such a case, for instance, as that of a man who has ' □ earning 30s. a GO ■week, and who after an accident gets only 25s. The amount of compensation should be limited to the extent of the incapacity."— Parly. Debates, 18th May, 1897. Prior to the Compensation Act, 1897, the allowances made by the various benefit societies averaged about one-third of the weekly wages. Under a Treasury warrant a Crown workman perma- nently disabled got two-fifths of his wages. The warrant will probably be made a scheme under this Act. The principal railway companies paid from six to twelve shillings a week to disabled workmen. The London and North Western Railway Co. paid a sum not exceeding a guinea per week, for 52 weeks, in cases of total disablement ; and =£50 in cases of death. The Great Western Railway Company paid their widows four shillings a week, and a small allowance for each child. The Miners' Relief Societies paid disabled members from six to ten shillings a week, and in most cases five shilling a week to each widow, and two shillings and sixpence a week for each child under 13 years of age. The Oddfellows, Foresters, r designs upon any cotton, linen, woollen, worsted, or silken yarn, or upon any woven or felted fabric not being paper; (-.) " Bleaching and dyeing works," that is to say, any premises in which the processes of bleaching, beetling, dyeing, calendering, finishing, hooking, lapping, and making up and packing any yarn or cloth of any material, or the dressing or finishing of lace, or any one or more of such processes, or any process incidental thereto, are or is carried on ; (3.) " Earthenware wo rks," that is to say, any place in which persons work for hire in making or assisting in making, finishing, or assisting in finishing, earthenware or china of any description, except bricks and tiles not being ornamental tiles ; (4.) " Lucifer match works," thai is to say, anyplace in which persons work for hire in making lucifer matches, or in mixing the chemical materials for making them, or in any process incidental to making lucifer matches, except the cutting of the wood ; (5.) "Percussion cap works, 1 that is to say. any place in which persons work for hire in making percussion caps, or in mixing or storing the chemical materials for making ihem. or in any process incidental to making percussion caps ; (6.) " Cartridge works." that is to say. any place in which persons work for hire in making cartridges, or in any process incidenal to making cartridges, except the manufacture of the paper or other materials that is used in making the cases of the cartridges ; (7.) '" Paper staining works,' that is to say. any place in which persons work for hire in printing a pattern in colours upon si ts of paper, either by blocks applied by hand, or by rollers worked by steam, water, or other mechanical power ; (8.) "" Fustian cutting works,'' that is to say. any place in which persons work for hire in fustian cutting; (9.) " Blast furnaces, that is to say. any blast Furnace or other furnace or premises in or on which the process of smelting or otherwise obtaining any metal from the ores is carried on ; (10.) '" Copper mills ;" (11.) " Iron mills." that is to say. any mill. Forge, or other pre- mises in or on which any process is carried on for converting iron into malleable iron, steel, or tin plate, or for otherwise making or converting steel : " Prtni Wc.ik- '• bleaching and dyeing woi ks." " Earthenware works." ■ match works." " i ercusston cap works." " Cartridge works." "Paper staining works." •• Fustian Catting works.' 1 •• Blast furnaces. 1 "Copper mills. " Iron mills." 04 (12.) " Foundries," that is to say, iron foundries, copper foundries, brass foundries, and other premises or places in which the process of founding or casting any metal is carried on : except any premises or places in which such process is carried on by not more than five persons and as subsidiary to the repair or comple- tion of some other work. (13.) " Metal and indiarubber works," that is to say, any pre- mises in which steam, water, or other mechanical power is used for moving machinery employed in the manufacture of machinery, or in the manufacture of any article of metal not being machinery, or in the manufacture of indiarubber or gutta-percha or of articles made wholly or partially of indiarubber or gutta-percha ; (14.) " Paper mills," that is to say, any premises in which the manufacture of paper is carried on ; (15.) "Glass works," that is to say, any premises in which the manufacture of glass is carried on ; (16.) " Tobacco factories," that is to say, any premises in which the manufacture of tobacco is carried on ; (17.) "Letterpress printing works," that is to say, any premises in which the process of letterpress printing is carried on ; (18.) " Bookbinding works," that is to say, any premises in which the process of binding is carried on ; (19.) "Flax scutch mills;" Part II. — Non-Textile Factories and Workshops. (Note. — See Section 93 (2) ante). (20.) "Hat works" that is to say, any premises in which the" Hat worts, manufacture of hats or any process incidental to their manufacture is carried on ; (21.) " Rope works," that is to say, any premises being a ropery," 1{ "Pe works, ropewalk, or rope work, in which is carried on the laying or twist- ing or other process of preparing or finishing the lines, twines, cords, or ropes, and in which machinery moved by steam, water, or other mechanical power is not used for drawing or spinning the fibres of flax, hemp, jute, or tow, and which has no internal com- munication with any buildings or premises joining or forming part of a textile factory, except such communication as is necessary for the transmission of power; (22.) " Bakehouses." that is to say. any place in which are baked" Bakehouses.' bread, biscuits, or confectionery from the baking or selling of which a profit is derived ; (23.) " Lace warehouses," that is to say, any premises, room, or ' Lace ware- place not included in bleaching and dyeing works as hereinbefore ,,ouses " defined, in which persons are employed upon any manufacturing process or handicraft in relation to lace, subsequent to the making of lace upon a lace machine moved by steam, water, or other mechanical power ; •' .Metal ami Indiarubber works." Paper mills." " Tobacco factories." " Letterpress printing works." " Bookbinding works." "Flax scutch mills " Sections 93, 96. 65 (24.) " Shipbuilding yards," thai is t<> Bay, any premises in which" shipbuilding an] Btiips, boats, or vessels used in navigation are made, iinished.>»' u - Or repaired ; (25.) " Quarries. ' that is to say, any place, not i>. ing a mine,"Quantef, in which persons work in getting slate, stone, coprolites, or other minerals ; (-6.) "Pit banks.' that is to say. any place above ground" Fltbanks." adjacent to a shaft of a mine in which place the employment "'^ . , v women is not regulated bv the Coal Mines Regulation \n. l87?,o.7U. or the .Metalliferous Mines Regulation Act. 1872, whether such^AMVlc- place does or does not form part of the mine within the meaning of those Acts. The Factory Every dock, wharf, quay, and warehouse, and. so far as relates to the process of loading or unloading therefrom Or thereto, all machinery and plant used in that process ; and (''i Any premises on which machinery worked by steam. water, or other mechanical power is temporaril) used for the purpose of the construction of a building or any structural work in connect ion with a building. Were included in the word ' Factory,' and the purpose for which the machinery is used were a manufacturing process, ami as it the person who by himself, his agents, or work- men temporarily uses any such machinery for the before- mentioned purpose were the occupier of t he said premises; and for the purpose of the enforcement of those sections the person having the actual use or occupation of a dock. wharf, quay, or warehouse, or of any premises within the same or forming part thereof, and the person so using any such machinery, shall lie deemed to be the OCCUpier of a factory. "('J.) The provisions of this Act with respect to notici accidents ami the formal investigation of accidents shall have effect as if — (a) Any building which exceeds 30 feet in height and which is being constructed or repaired by means of a Bcaffolding : (6 Any building which exceeds 80 feet in height and in which more than I'D persons, hoc being domestic Bervants, are employed for wag. s : E 86 were included in the word ' Factory,' and as if in Uie first ease the employer of the persons engaged in such con- struction or repair, and in the second case, the occupier of the building, were the occupier of a factory." The Coal Mines Regulation Act, 1SS7, 50 and 51 Vict., caj). 5S. Section 3. — " This Act shall apply to mines of coal, mines of stratified iron, mines of shale, and mines of fireclay ; and .... the word •mine' means a mine to which this Act applies." Section 75. — "'Mine' includes every shaft in the course of being sunk, and every level and inclined plane in the course of being driven, and all the shafts, levels, planes, works, tramways, and sidings, both below ground and above ground, in, and adjacent to, and belonging to the mine. ' Owner ' means any person or body corporate who is the immediate proprietor or lessee, or occupier of any mine, or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent, or fine from a mine, or is merely the proprietor of a mine subject to any lease, grant, or licence for the working thereof, or is merely the owner of the soil, and not inte- rested in the minerals of the mine." Metalliferous Mines Regulation Act, 1872. 35 and 36 Vict., c. 77. Section 3. — "This Act shall apply to every mine of whatever description other than a mine to which the Coal Mines .Regulation Act (1887) applies." Section 41. — The definitions of ' mine' and 'owner' correspond with those given in Section 75 (supra) of the Coal Mines Regulation Act, 1887. The Quarries Act, 1894, 57 and 5S Vict., c. 42 Section 1. — "This Act shall apply to every place (not being a mine) in which persons work in getting slate, stone, cop- rolites, or other minerals, and any part of which is moi - e than '20 feet deep." In the case of Sims v. Evans, 23 W.R. 730, it was held that a slate quarry, worked by means of underground levels, is a mine within the meaning of the Metalliferous Mines Regulation Act, 1872. The Coal Mines Regulation Act, 1887., 50 and 51 Vict., c. 58. Section 70.— Application of Fines — "Where a fine is im- posed under this Act for neglecti ig to send a notice of any explosion or accident or for any offence against this Act which has occasioned loss of life or personal injury, a 67 Secretary of State may (if he thinks titj direct such fine to he paid to or distributed among the persons injured, and the relatives of any persons whose death maj have been occasioned by the explosion, accident, or offence, <>r among some of I hem. ■• Provided thai it) Such persons did not in hi^ opinion occasion or con- tribute to occasion the explosion or accident, and did not commit and were not parties to committing ilie offence. (ii) The fad of the payment or distribution shall no1 in any way affect or be receivable as evidence in any legal proceedings relative to or consequential on the explosion, accident, or offence." (N.B. See. however, Sec. l. Sub-sec. 6, of the Work- men's < lompensation Act. L897. The Metalliferous Mines Regulation Act. 35 and 86 Viet., c. 77, s. 31, and the Amending Act, 38 and 39 Viet, c. 39 also provide for the payment of fines in certain cases to injured persons or their relatives. The Factory and Workshop Act, 187 S (Penalties). Section 82. — "If any person is killed or suffers any bodily injury in consequence of the occupier of a factory having neglected to fence any machinery required by or in pur- suance of this Act to be securely fenced, or having neglected to maintain such fencing, or in consequence Of the occupier of a factory or workshop having neglected to fence any vat, pan, or other structure required by or in pursuance of this Act to be securely fenced, or bavin- neglected to maintain such fencing, the occupier of the factory or workshop shall be liable to a fine not exceeding one hundred pounds, the whole or any part of which m:n be applied for the benefit of the injured person or hi- family or otherwise as a Secretary of State determines." The Factory and Workshop Act, 1895. (Penalties | Section 18. — "Section 82 of the principal Act. which pro penal compensation to persons injured by neglect to fence machinery, shall extend to any death or bodily injur} or injury to health in consequence of the occupier 01 B fac- tory or workshop having neglected to observe any provi- sions of the Factory Acts, or any Bpecial rule or requirement made in pursuance of the Act of 1891. •■ Provided that in the case ol injury to health the occu- pier shall not be liable under this Bection unless the injury was caused directly by such neglect. ' 68 Ihe Fati I Accidents Act, 1846 ('■> an ' 10 1 id., c-98.) (Lord Campbell's Act — not applicable to Scotland . Section 2 — : ' Every such action shall be for the benefit cf the wife, husband, parent, and child of the person Avhose death shall have been caused." Serf ion 5. —"The word "parent' includes fathei, mother, grandfather, grandmother, stepfather, and stepmother ; and the word 'child' includes son and daughter, grandson and grand-daughter, and stepson and stepdaughter. (Note. — Nephews, nieces, brothers, and sisters are excluded from the benefits of this Act.) A posthumous child, if born within due time, may claim under the Fatal Accidents Act, 1846 (The George and Richard, 24 L.T. Rep. N.S. 717) ; but only such of the above-mentioned relatives as were ' : wholly or in part dependent upon the earnings of the workman at the time of his death " can claim compensation under the Work- men's Compensation Act. 1897 (see " Dependants." Sect. 7, Sub-sec. 2). A wife living in adultery or apart from her husband is not entitled under the Fatal Accidents Act, 1846, to compensation for the death of her husband if she had no reasonable prospect or expectation of pecuniary benefit bv the deceased remaining alive (Stimpson v. Wood. 59 L. T. 218 ; Harrison v. L. and N.W.Ry,, 1 C and E. 540). Before she can claim under the Act of 1897, she must be wholly or in part dependent upon the earnings of the workman at the time of his death."' (Sect. 7, s.s. 2). A bastard is not a " child" within the meaning of the Act. (Dickenson v. N.E.Ry. Co., liH.&C. 735). Superannuation Act, 1887, 50 and 51 Vict., c. 67. Section 1. — " 1. — (1.) Where a person employed in the Civil Service of the State is injured — (a) In the actual discharge of his duty ; and (b) Without his own default; and (c) By some injury specifically attributable to the nature of his duty, The Treasury may grant to him, or, if he dies from the injury, to his widow, his mother, if wholly dependent on him at the time of his death, and to his children, or to any of them, such gratuity or annual allowance as the Treasury may consider reasonable, and as may be permitted by the terms of a warrant under this section. (2.) The Treasury shall forthwith after the passing of this Act frame a warrant regulating the grant of gratuities and annual allowances under this section, and the warrant so framed shall be laid before Parliament. 69 v_> (3.) Provided thai a gratuity ander this section shall not exceed one year's salary of the person injured, and an allowance under (his section shall not, together with any superannuation allowance to which he is otherwise entitled, exceed the salary of the person injured or £.'itJO a year, whichever is less." Note. See section 8 of the Workmen's Compensation Act, 1897, as to the additional powers given to the Treasury by that Act. The Friendly Societies Act, 1896, 59 and 60 Vict., c. -■'■■ Section S. Subsection I Proviso. — " Provided that a friendly society which contracts with any person for the assurance of an annuity exceeding fitly pounds per annum, or of a cross sum exceeding two hundred pounds, shall not be registered under this Act." Section IH. -" A society assuring a certain annuity shall not be entitled to registry, unless the tables of contributions foi the assurance, certified by the actuary to the National Debt Commissi rs. or by some actuary approved by the Treasury, who has exercised the profession of actuary for at least five years, are scut to the registrar with the appli- cation tor registry." Section i .//. A member, or person claiming through a member, ot a registered friendly society or branch, shall not be entitled to receive more than two hundred pounds by way of gross sum, together with any bonuses or additions declared upon assurances not exceeding that amount, or ^except as provided by this Act) fifty pounds a year by way Of annuity, from any one or more such societies or branches. Note.- Tar. 15 of the Firs! Schedule of the Workmen's Compensation Act, 1897, provides that the above sections shall not apply to a friendly society which undertakes to pa} compensation in accor- dance with a scheme certified by the Registrar under Seel . '•'< of the said Act. The receip of relict under a Scheme re^is tereu under the tTrien lly Societies \H. L896, will not disqualify the recipient from additional relict out of the poor ra'cs. Outdoor Rebel Friendlj Societies Act. I- 'I . 70 APPENDIX B. FORMS, No. 1. — The following is a suggested Form of Notice of Injury : — No. 2, King Street, Newcastle. To the Black Vein Coal Com pan;/, Newcastle. Please take notice that on the day of 1898, George Smith, of No. 2, King Street. Newcastle, was killed (or injured j by a fall of Coal at your Colliery, at while he was in your employ. Bated this day of 1898. Yours, &c, MARY SMITH, Widow, or wife of, (or solicitor for), the said George Smith. (For regulations as to serving this notice, see Sec. 2 of the Act.) No. 2. — Notice of Claim (In case of Death). To the Black Vein Coal Company, Newcastle. Please take notice that I claim the sum of £150, (or a sum equal to three years' wages, whichever is the larger) as compensation for the death of my husband, George Smith, of No. 2, King Street, Newcastle, who died on the day of 1898, from injuries received on {the same day) whilst in your employ al your Colliery at Signed — Address — Date— No. 3.— Notice of Injury and Claim combined (In case of Death) :— To the Railway Company, Paddington Take notice that I claim the sum of £ as compensation for the death of my husband, John Smith, of No. 20, Market Street r Bristol, ivho was knocked down and killed by a passenger train at Swindon whilst in your employ on the 1st July, 1898. Signed, MARY SMITH, Address, 20, Market Street, Bristol, Bate, 2nd July, 1898. 71 No. 1.— Claim fob Compensation fob [njury (Notice of Injury having been dulj given): — To the Merthyr ('mil Company, Aberdare. Take notice that I claim the sum oj (ten) shillings per week, fn>m the 16th July, 1898, until such date as 1 shall be abU to resume work, as compensation for injuries received by nn <>u the 1st instant at your colliery ;i\^. • / sir, ur in/ Almiuhty God, as I shall answer to God at the (,'nnl Din/ ul' Judgment, thai / will I'll tin truth, tin whole truth, nnd nothing but the truth." (This' form may be used in any part of the United King.lom.) 7+ -STAMP DUTIES. Agreements, receipts, bonds, drafts, awards, &c., are subject to the usual stamp duties, there being no exemptions as under Sect, 33 of the Friendly Societies Act. 1896, except in cases where a scheme approved by the Registrar has been registered as a Friendly Society. Every receipt given for, or upon the payment of, money amount- ing to £2 or upwards, should bear a penny stamp. Every agreement, under hand only, to take or give any sum of the value of £5 or upwards as compensation, is subject to a stamp duty of sixpence; if under seal, ten shillings. Every award in England or Ireland, and every award or Decreet Arbitral in Scotland, is subject to the following stamp duty: — In any case in which an amount or value is the matter in dispute : s. d Where no amount is awarded, or the amount or value awarded does not exceed £5 ... Where the amount exceeds £5, and does not exceed £10 „ £20 £30 „ £40 „ £50 „ £ioo „ £200 (Stamp Act, 1891). ... 3 1 £10 .. 6 £20 . .. 1 £30 . .. 1 6 £40 . o £50 . O 6 £100 . .. 5 £200 . .. 10 £500 .. 15 CONTRACTING OUT. Form of Applk ition for the Registrar's Certifu lte. The following important communication appeared in '/'/<< ZYniea of November 29th, L897 : sir,— 80 many inquiries have been made to this office as to the procedure under tlie contracting-out seeiion of i lie Workmen's Compensation Act, 1897, thai 1 am induced to ask you to allow me to publish a brief Btatemenl on the mutter in your columns. Although the Act does not come into operation until Julj 1st, 1898, we shall be prepared to receive applications lei- certificates on and after Januarj 1st next, in order that the necessary preliminaries mav he gone through in time to issue the certificates on or before July 1st. The Act requires as a condition precedent to the granting of a certificate by the Registrar thai he should "take steps to ascertain the views of employer and workmen." The first step appears to us to be thai the employer and such of the workmen as join in the application should lie asked to state their views in writing in a documenl accompanying the scheme. We have drawn up a form for this purpose, which I subjoin. The second step, that of ascer- taining the views of the workmen who do not join in the applica- tion, will he taken afterwards. The investigation that is to follow these preliminary steps, will have, as it appear8 to us. to be directed to two points : 1. Will the employer pay as much under the Bcheme a-- he would have to pay under the Act ? 2. Will the workman derive as much benefil under the scheme as he would dcii\ e under t lie Act ? These questions depend to a large extent upon actuarial consider- ations; and we therefore suggest to the applicants for certificate to a Bcheme that they should have recourse to the advice ol a com- petent actuary in framing its details. I am. sir, your obi dienl servant. E. w. Brabbook. Registry of Friendlj Societies, Central Office, 28, Abingdon-street* London, s.\\\, No\ . 27. 76 WORKMEN'S COMPENSATION ACT, I8U7. APPLICATION FOR CERTIFICATE TO SCHEME. litle of Scheme Nature of Employment Situation of Works This application, is made by the undersigned employer and workmen. The undersigned worlemen have been authorized to join in il In/ out of the total number of worlemen in the employment. [State how authority was given. The statement should be authenticated]. The following is a comparison of the provisions of the scheme with those of the Act : — Scale of Compensation. By Act. By Scheme. On death of a workman leav- \ £1 f 5 ° to £500 subject to ing dependents j On death of a workman leav- \ ing- no dependents '( During incapacity for after second week... ,( tioned in the Act. Not exceeding £10. Not exceeding 50 per cent, of earnings, and not exceeding £1 per week. 'The following are tlie benefits provided by the scheme other than those of the Act : — The contribution of the employer to the scheme is to be The contribution of the workmen to the scheme is to be The scheme contains no obligation upon the workmen to join the scheme as a condition of their hiring. The scheme has been acfuarily [valued and'] reported upon by Mi' and a copy of his report is lodged herewith. The views of the employer are as follow : — (Signature) Employer. [Where more than one employer joins in the scheme, the form should be modified accordingly, and all should sign if.] The views of the undersigned workmen are as follow : — (Signatures) 1 \ Workmen. IXhKX. Acceptance - Accident, definition of cases <>t Accord and satisfaction Bet aside for fraud Acta of Parliament (see Appendix A > Actions - compensation may be assessed independent of this Act - costs of Administrator Adultery Agent, incompetent Agreement - Ancillary or incidental t<> Annuities Appendix Appeal - Apportionment of compensation Apprenticeship Arbitration Act, L889 - Arbitrator - appointment of decision of payment of costs of death, refusal, in- incapacit) ol Arrangement with creditor Attendance of witnesses Attributable- Average earnings Award form of set t ing aside Stamp duty on - Bankruptcy of employer - 35 :;:, et eeq. - 28 - 28 - vi. 61 - L3 12 - 13 to - 42 l:; - 26 - .;- - 12 1"). ::l' 1- - 17 - il\ _ 16 1 1 ] :;i - 24 25 L'l 14, 30 71 - 30 :;•_' - :;i - :;i - :;•_• - :;■_• - 18 - :;i - :;■.. 12 - •J! . • ;i 71 . 71 - :;:; - 71 - 1- 78 PAGE Bastard - - - . . - 22 68 Breach of duty - ■ _ _ - ' 38 rules, &e. - - 39 Buildings - - - - _ - 19 Burial Expenses - - - - -25 Butty system in mines - 41; Campbell's (Lord) Act, see Fatal Accidents - 13, 2.3, 68 Canals - - . . _ - 20 Certificate - - - - . - 15 of Registrar of Friendlj Societies - - 15.7."! revocation of- - - - -16 duration of - - '_ - l(j of compensation by Court - - - 13.45 of medical practitioner - - - - °§ Child - - 68 bastard - - - - 22 68 en ventre sa mere - - - 68 Claim - - . i 4j68 Coal Mines Regulation Act. ls>, - - 20 66 Collieries, see Mines < 'ommeneement of Act - 23 Committee of Arbitration - - - 30 . Common employment - 43 Common Jaw - - - - -43 Commutation - - - - 28 Complaints to Registrar - - - - 16 Compensation, Schemes of - - • 48 amount of - - - - - 24. 59 disallowed for misconduct - . - - 12 39 deduction of fines from - - 13,67 apportionment of - - - 24, 25 Condition. of hiring - - - . - -16 Contractor - - •- - - - 17, 47 Contracts existing - - ; - 23 Contracting out - - - -15.16,23,48,75 Contributory negligence - - - 18 Co-owner - - - - - 46 Corporate bodies - - - - - 21 •Costs - - - - 32, 33. 45 payment of - - - - - 32 taxation of - - - d - 33 prior to award - - - - 33 no lien on - - - - - 33 Court fees - - - - - 33 ■Counterclaim, see Set-off County Courts Act, 1888 - 33 ( 'iMiiif y ( '. . 1 1 t-t Judge - - - jtrar fi ea •> ... rules - - - - County Officers and Courts (Ireland) AH. 1877 Court of Appeal ... Session ... Summary J urisdiction Criminal liability ... Crown workmen Customs ami Inland Kevenuc Act, 1881 - Death of workman ... employer ... arbitrator ■Debt, sec Set-off. Deductions from compensation - Default - Detect in notice ... machinery ... Defence - serious and wilful misconduct Delivery of notice Dependents - - - - Disablement - Dock Duties, see Stavif>7.~> Employment - - » Engineering Works - - ■ - Examination ... Executor - Factories .... Factor} and Workshops' Act, 1*7* to 1895 Fatal Accidents - - - Fatal Accidents Act, L846 I Lord Campbell's lei act ion within L2 moni hs - dependants - - - Fellow Workmen - 30 81, 32 33 - 32 - :;;; - :;i 34 - ■11 - 46 . 26 - 24 - 21 - ::■_' - 13 1 •> - J Z 15 43 - i I 39 - 12 39 - 14 - 1>1 68 - 26 ' - 20, oo - 24 - L'l li\ L'l 43 - 46 - 18 - l'l IS 11. 22 43 . 21 U - 11 19 - 1'0 - 28 28 - 26 - 20 61 . 20 62 i i. -i. .;; 13, •_'.".. 11. 68 "*"-- 13 . 68 - 18, it 80 Fines .... deducted from Compensation First Charge - - - Forms— Application for Registrar's Certificate notice of injury claim award reference - oath - Fraud Friendlv Societies - Act, 1896 Funeral Expenses ... Harbour - Illegitimacy - Inaccuracy in Notice- Incapacity - - - . Incompetency of Servant Arbitrator Indemnity - Infants - Injuries - notice of - Insanity - Insurance - First charge <>n Investment of compensation money Judge of County Court may order insurer to pay assess compensation invest money - Laundry - Letters of administration Liability of employer workman ... stranger - Light Railways Act, 1896 Lord Campbell's Act see Fatal Accidents Act. Lump Sum ... Machinery - - - - Manslaughter Manual Labour Marriage, habit and repute Mechanical power Medical examination - Metalliferous Mines Regulation Act, 187*2 PAGE 13. 67 - 13 - 18 75 ,76 . 70 - 70 - 71 - 72 - 73 - 28 - 60 - 29 ,69 - 25 - 20 , 22 - 22 , 68 - 14 . 25 . 42 . 32 - 18 - 68 - 35 - H, 70 . 37 15. 18, 38 . 18 - 27 18, 30, 31, 32, 33 - 18 - 13 - 27 - 20 . 26 12, 24. 43, 4b . 41 . 18 - 19, 61 - 23, 29 -19, 20 - 46 . 21 - 21 -10, 20 - 26, 28 - 20,66 81 PAGE Medical practitioner, appointment of - ;; i certificate of - reporl of - - - - -34 expenses of - - - - '-' ,- '. 34 Memorandum of award, or agreement - 32 M-ni in registrar .... 32 Mine .... -20,66 Misconduct ------ 12,39 a bar bo proceedings - 12, •':'■' Misrepresentation - - - - - Negligence of employer - - - -12, Mi workman - - - - 9,41,47 Btr anger - - - - -18 Notice of Accidents Act, 1894 - - - 15 Notice of in jury - - - - - ij 70 Oath '- - - - -31, 73 Occupier ----- 20,65 < in the \\ hole - - - 1^ Owner ... . 20,66 Parent - Payment - - - - - 1 •_■;. Penalties - - - - - .13 Personal injuries by accidenl - - - . ;• Personal negligence - - - - . u. 1:; Personal representatives - 11 2fi 1'lain - - . . . ' 20 Pi -; Office Savings Dank - - - - 27 Post . not !■■■ - - - - - 15 Preferenl ial 1 !laim - - - - - 18 Probate - 26 l'ri'i dings - time fi ir | 5, 14 Quarries \rl. 1894 .... 20, 66 Quarry --..-. Quaj - Railway - - . . . - 19 Company - Lighl - ig Regnlat ion of, \.cts - - - -19 Receipt --.... Redemption of Weekly Payments - - 28 Refusal ot Arbitrator t<> Act - Registrar of Friendly Societies - - -15 Address of - < !erl ificate of - Annual Report of - .17 Complaint to - - - 17 Application for* Certificate of - - 75 82 lAlil.. Registrar of County Court - -, - 32 Memorandum to be sent to - - 32 Proceedings before - - - - 32 Regulation of Railways' Acts, 1871—1873 - - 19. 61 Relatives - - - - - 68 Reputed Wife - - - - 21 Rules of Court - - - - 30 Rules, model- - - - - 52 Satisfaction - - - - - 28 Scaffolding - - - - - - 11) Schedules, first - - - - 24 second - - - - 30 Schemes of compensation - - - -48 Serious and wilful misconduct. - - - -12,39 Servant, see Workman. Service of notice of injury - - - -14,70 Set-off, or Counterclaim - * - - 29 Sewer - - - - - - 20 Sheriff Courts' Act (Scotland), 1R76 - - - 34 Shipbuilding yard - - - - 22 Smart money - - ■ - - 26 Solatium - - - - - 22 Stamp Act, 1891 - - - - 32, 74 Stamp duties - - - - - 74 Steam power - - - - - 20 Stranger - - - - - - - 18 Sub-contracting - - - - - 17, 47 Suicide . - - - - . - - 37 Summary Jurisdiction Act, 1848 - - - 41 Sunstroke, not an accident - .. - .- - 36 Superannuation Act, 1887 - - • - 22, 68 Taxation, see Costs. Third party - - - - • - 18 Three months - - - 30 Tidal Water - 22 Time for taking proceedings - ' - - 13. 30, 45 Trades to which the Act applies - - 19 Tramways - - - ■- ' - - ol Treasury warrant Undertakers - - - - - " _ Unsuccessful action - - - - - 4o Wharves - - - - - - 20 Wilful act of employer - - - - 12 Wilful misconduct - - - - -12,39 Witnesses -" > - - - - -31 Workman, definition of - - - - -1 liability of - - - 41 fellow workman - - - -18,43 THE WADDLE I MPROVED I'ATKNT With SIMPLE and COMPOUND ENGINES, to Circulate up to 700,000 Cubic Feet of Air per Minute. ADVANTAGES: Capacity for Maintaining High Water Gauges at I >i>\\ Periphery Speed. Very lii^h useful effect Entire Freedom From Vibration, which is the case with no other Fan No troublesome Belt or other Gearing, Small quantity <>t Masonry required. Absolute!) Noiseless. Repairs never necessary. Non-liability to Accident from any cause. Patenters and Sole Makers: Waddle Patent Fan arid Engineering Co., LLANMORE WORKS, LLANELLY. MORLEY BROTHERS, High-Class and General Bookbinders, 16, Long Wall Street, Oxford. (Strict attention Btncn to their |lrl executions, in French Polishes iL'ciunt Jfrtonrcro, d'aif »no "Orllum ihnoina*. Original Art Designs for Half-Morocco and Half Calf Biddings. Morris's Hand-Made End Papers \ Charming Lddition to High-Class Work GENTLEMEN'S LIBRARIES REPAIRED. OLD BOOKS CAREFULLY RENOVATED. ^LIFE f ACC!DEN^ I NDUSTRIAL . Premium Income I89&, i. 285,458 . Total Claims Paid 4 1071,686 T/ios Neill, General Manacer. APPLICATIONS FOR Acencies Invited. 'Glaspui ASSURANCE COMPTLim Head Office, Insurance Build Farrincdons t , London, ec. ooooooooeo 00000.000000 oo ooooo Western Mail, L td Xitfoograpbic an^ ^Letterpress printers, PHOTO-ZINCOGRAPHERS, Bookbindeps and Account Book Manufacturers The largest Establishment i& Wales, WORK DONE FOR THE TRADE. OFFICES: St. Mary Street, Cardiff. Printing Works: TUDOR ROAD CARDIFF. Docks Branch : 112, BUTE STREET, CARDIFF. UNIVERSE ^ r ~* T T UBPAPY , ,it&*&lTX Of CAUKWKNiA AT LOS ANQELES AA 000 962 971 8