DISEASE - Workmen's compensation-Indus- Sched. II. (9.).

Agreement to pay
Weekly Sum during Total Incapacity-Record
of Memorandum-Cesser of Total Incapacity—
Spent Agreement Registration Accident
arising out of and in the Course of Employment
-Workmen's Compensation Act, 1906 (6 Edw. 7,
c. 58), s. 1, sub-s. 3; Sched. I. (1.), (16.) ;
124 Where an agreement has been entered into
between an employer and a workman, who has
the course of his employment, for the payment
been injured by an accident arising out of and in
of weekly compensation from the date of the
accident and to continue during total incapacity
for work, the Court will not direct a nemo-
randum of the agreement to be recorded if at
the date of the application to register the total
incapacity has ceased.

EMPLOYER AND WORKMAN-Compensation- Coakley v. Addie & Sons, 1909 S. C. 545,
Agreement-Course of the Employment-Area and Hanley v. Niddrie and Benhar Coal Co.,
1910 S. Č. 875, considered and explained.
of Employment Special Agreement-Strike-
Workmen's Compensation Act, 1906 (6 Edw. 7, POPPLE. FRODINGHAM IRON AND
c. 58), s. 1, sub-s. 1.

EMPLOYER AND WORKMAN-continued.

EMPLOYER AND WORKMAN-continued.
1907, Appendix, Form 24-Intra vires-Work- L.J., whether the county court judge had
men's Compensation Act, 1906 (6 Edw. 7, c. 58), jurisdiction under s. 5 to make the order for
Sched. I. (16.).
payment of the amount. HOMER T. GOUGH

In all ordinary cases under the Workmen's
Compensation Act, 1906, where a workman has
sustained an injury by accident arising out of
and in the course of his employment, resulting in
his total incapacity for the time being, and
entitling him to a weekly payment by way of
compensation, the arbitrator ought to make his
award in accordance with Form 24 in the
Appendix to the Workmen's Compensation Rules,
1907, ordering the weekly payments to continue
during the total or partial incapacity of the
claimant for work, or until the payments shall
be ended, diminished, increased, or redeemed in
accordance with the Act.

8.

C. A. 303

Compensation Contracting out
Scheme of Compensation Re-certification
Ballot-Jurisdiction of County Court Judge-
Workmen's Compensation Act, 1906 (6 Edw. 7,
c. 58), s. 3, sub-s. 1; s. 15, sub-ss. 2 and 3.

On re-certification under s. 15 of the Work-
men's Compensation Act, 1906, of a scheme of
compensation which has been certified under the
Workmen's Compensation Act, 1897, it is not
necessary that a ballot of the workmen should
be taken before the registrar can re-certify.

The applicant had been employed in the
Form 24 is intra vires and entirely consistent Portsmouth Dockyard as a bricklayer for about
with the policy of the Act. HIGGINS v. POULSON twenty years, and in May, 1908, in the course of
C. A. 292 his employment he met with an accident which
resulted in January, 1910, in his being returned
Compensation-Committee representa-unfit for service. He was dissatisfied with the

6.

Committee

tive of Employer and Workmen - Award
Application to Review- Notice of Objection to
Jurisdiction of County Court
Workmen's Compensation Act, 1897 (60 & 61 Vict.
c. 37), Sched. I., par. 12; Sched. II., par. 1.

-

compensation offered by the respondents and
applied to the county court to settle the amount.
The respondents answered that he had contracted
with them to be bound by a scheme of com-
pensation certified and re-certified by the
Where a committee, representative of an Registrar of Friendly Societies, by which com-
employer and his workmen, acting under para-pensation was to be fixed by the Treasury; and
graph 1 of the Second Schedule to the Work- they contended that the county court judge had
men's Compensation Act, 1897, have decided the no jurisdiction to hear the application. It was
amount to be paid weekly to a workman as com- admitted that there had not been any ballot of
pensation for an accident, and the workman workmen in the respondents' employment prior
subsequently desires that the weekly payment to the re-certification of the scheme; and the
may be reviewed, and gives due notice that he applicant contended that on that ground the
objects to the committee holding an arbitration certificate was invalid :-
with respect to the review, a county court judge
has jurisdiction to hear and determine the
application to review.

So held, affirming the decision of a Divisional
Court (Lord Alverstone C.J., Hamilton J., and
Bankes J.), [1912] 1 K. B. 351. THE KING .
TEMPLER. Ex parte HOWARTH

7.

C. A. 444

Held (by Cozens-Hardy M.R. and Far-
well L.J., Fletcher Moulton L.J. dissenting),
that it was not necessary that a ballot should be
taken before the registrar could re-certify; that
the certificate was valid and the applicant was
bound by the scheme; and that the county
court judge had no jurisdiction to hear the
application. GODWIN . LORDS COMMISSIONERS
OF THE ADMIRALTY
C. A. 26

Compensation Company
- Limited
Company-Winding-up-Liquidator-Sum for
which Weekly Payment redeemable-Preferential 9. Compensation-Dependants-Death of
Payment-Order for Payment-Appeal-Juris- Workman—Award· Apportionment-Change of
diction-Workmen's Compensation Act, 1906 Circumstances-Death of Widow-Variation of
(6 Edw. 7, c. 58), 8. 5.

A workman alleged to have been employed by
a company applied under the Workmen's Com-
pensation Act, 1906, s. 5, for arbitration on the
question whether the receiver appointed on
behalf of debenture-holders of the company and
the liquidator under its voluntary liquidation
were liable to pay him as a preferential payment
the sum for which a weekly payment of 16s. 3d.
awarded to him before the winding-up could be
redeemed, and as to the amount of such payment.
The county court judge made an order for the
payment by the receiver and liquidator of a lump
sum to the workman:-

Award Workmen's Compensation Act, 1906
(6 Edw. 7, c. 58), Sched. I. (9.)—Workmen's
Compensation Rules, 1907-1911, r. 58.

A workman having met with a fatal accident,
the arbitrators under the Workmen's Compensa-
tion Act, 1906, awarded 2921. 1s. 7d. compen-
sation to his dependants, his widow and four
younger children, in certain proportions, of
which the widow was to receive 1021. 1s. 7d.
The money was ordered to be paid to trustees
and fortnightly payments were made to the
widow. She died intestate leaving 72l. 188. 2d.
in the hands of the trustees representing the
unexhausted part of her share of the compen-
Held, that any question whether this sum sation. Her next of kin claimed the money on
was to be paid as a preferential payment was not the ground that it was vested in her and undis-
the subject of an appeal under the Workmen's posed of. Two of the dependent children
Compensation Act, but must be decided in the applied to the arbitrators for an order under
winding-up.
Sched. I., paragraph 9, of the Act for the
Quare, per Cozens-Hardy M.R. and Farwell' variation of the award and an order that the

EMPLOYER AND WORKMAN-continued.
72l. 188. 2d. should be apportioned between
them :-

Held, that the circumstances of the appli-
cants had been varied by the death of the
widow; that paragraph 9 applied to cases
where a dependant had died; and that the
arbitrators had power to vary the award. IVEY
- v. IVEY
C. A. 118

Held, that this was an application for con-
10. Compensation-Dependants-Death
tribution under s. 8, sub-s. 1 (e) (iii.), not an
resulting from Accident-Claim of Dependants application under s. 8, sub-s. 1 (c) (ii.), to join
-Cause of Injury-Statements of Deceased another employer as defendant, and that there
before Claim made-Admissions-Declarations was no obligation on the appellants to prove
that the disease was contracted whilst the
against Interest - Inadmissibility-Workmen's
Compensation Act, 1906 (6 Edw. 7, c. 58).
claimant was in the service of the previous
employers. MALLINDER v. J. MOORES & Soss,

2 K. B.

EMPLOYER AND WORKMAN-continued.

66

13. Compensation-Notice of Accident- sailor returned and was pushed on board in a
Twelve Months' Delay-Latent Injury-Em-helpless state of intoxication by two persons
ployer prejudiced in Defence — Mistake or who helped him along the quay. He reached
other reasonable cause"-Workmen's Compensa- the deck on his hands and knees and lay there
tion Act, 1906 (6 Edw. 7, c. 58), s. 2, sub-s. 1. for a minute or two while the ship was gradually
A workman who seeks to obtain the benefit moving away from the quayside. He then
of the proviso to sub-s. 1 of s. 2 of the Work-attempted to get up, staggered backwards, fell
men's Compensation Act, 1906, in respect of overboard, and was drowned.
failure to give notice of the accident as soon as
practicable after the happening thereof, must
prove affirmatively that the employer has not
been prejudiced thereby, otherwise the circum-
stances may be such as to lead the Court to con-
clude that the mere lapse of time must neces-pensation :—
sarily have prejudiced the employer in his
defence.

Upon a claim for compensation under the
Workmen's Compensation Act, 1906, the county
court judge held that, the sailor having regained
his ship, the accident arose out of and in the
course of his employment, and he awarded com-

Held, on appeal, that the sailor had not
regained his ship in a condition to perform
his duties. The accident was due solely to
his intoxication and did not arise out of his
employment. FRITH v. OWNERS OF S.S.
"LOUISIANIAN
C. A. 155

ESTATE DUTY.

See under REVENUE.

A workman who has sustained an injury of
such a latent nature that he does not know for
some time whether it will have any serious
result may make a mistake of fact, within the
meaning of "mistake" in the proviso to sub-s. 1
of s. 2 of the Act, in not giving notice as soon as
practicable after the happening of the accident,
but so soon as he realizes that he is suffering EVIDENCE-Bankruptcy-Debtor under arrest
from some ailment upon which he may have
occasion to rely as a consequence of the accident,
he should give notice to his employer, and his
failure so to do, even though it proceed from a
desire to do the best for himself or his employer,
will not amount to "mistake or other reasonable
cause" within the proviso to the sub-section.

Held, that the Workmen's Compensation Act,
1906, had no application to British ships on the
high seas except in the case of seamen and
apprentices within s. 7.

-Fugitive offender-Public examina-
tion-Questions tending to criminate-
Practice

See BANKRUPTCY. 4.

Criminal law.

251

See under CRIMINAL LAW.
Workmen's compensation-Statements of
deceased before claim made-Admis-
sions-Declarations against interest 317
See EMPLOYER AND WORKMAN. 10.
EXAMINATION.

See BANKRUPTCY. 3.
EXECUTOR-Executors carrying on testator's
business in his firm name-Receiving
order-Whether executors are partners
See BANKRUPTCY. 7.
491
EXTRADITION-Requisition for Surrender—
Arrest of Accused-Requisition by "the diplo-
matic agent of his country -Extradition Treaty
of 1876 with France, art. 9.

Tomalin v. S. Pearson & Son, Ld. [1909]
2 K. B. 61, followed. SCHWARTZ v. INDIA
RUBBER, GUTTA PERCHA AND TELEGRAPH
WORKS COMPANY
C. A. 299
15. Compensation Ship Intoxicated
Sailor Absence from Ship without Leare By art. 9 of the Extradition Treaty of 1876
Return to Duty-Accident arising out of and in between the United Kingdom and France a
the Course of Employment-Workmen's Com-fugitive criminal may be apprehended under a
pensation Act, 1906 (6 Edw. 7, c. 58), s. 1,
sub-s. 1.

-

A sailor went, ashore without leave on the
evening before his ship was due to sail from the
port where she was lying. He remained ashore
all night. The next morning, the ship's gang-
ways having been taken in, the mooring ropes
cast off, and the vessel being still alongside, the

warrant issued by a magistrate on such infor-
mation or complaint and such evidence or
after such proceedings as would, in the
opinion of the person issuing the warrant,
justify the issue of a warrant if the crime had
been committed where the magistrate exercises
jurisdiction; and the accused "shall be dis-
charged, as well in the United Kingdom as in

630

INDEX.

[1912]

EXTRADITION-continued.
France, if within fourteen days a requisition
shall not have been made for his surrender by
the diplomatic agent of his country." Under
the Extradition Treaty of 1908 each country
may allow the extradition of its own nationals.

In proceedings under art. 9 of the treaty of
1876 to obtain the extradition of a British sub-
ject charged with having committed a crime in
France, it was objected that no requisition had
been made for his surrender by the diplomatic
agent of the United Kingdom :----

GAMING-continued.

subsequently drawn by an independent person
should be entitled to a bicycle as a prize. The
bicycle was presented as a gift by a firm of cycle
manufacturers for the purposes of advertisement,
no part of the money paid by the purchasers of
the tickets being used for acquiring the bicycle :—

Held, that as each purchaser of a ticket
bought a chance, and the holder of the ticket
bearing the winning number was determined by
chance, the scheme constituted a lottery within
the meaning of the Lotteries Act, 1823, s. 41,
and it was immaterial that no part of the money
paid by the purchasers of the tickets was used
for the purchase of the prize. BARTLETT €.
PARKER
Div. Ct. 497

GOODS-Sale of.

See under SALE OF GOODS.

Held, that "the diplomatic agent of his
country meant the diplomatic agent of the
country within whose jurisdiction the accused
was when he committed the crime charged
against him and which demanded his extradi-
tion, and that therefore a requisition for his
surrender by the diplomatic agent of this
country was not necessary. THE KING v.
GOVERNOR OF BRIXTON PRISON. THE KING HIGHWAY-Way becoming a Highway after
v. GOVERNOR OF HOLLOWAY PRISON
1835 - Absence of Intentional Dedication by
Div. Ct. 578 Owner-Non-compliance with Conditions of 8.23
EXTRADITION TREATY OF 1876 WITH of the Highway Act, 1835 (5 & 6 Will. 4, c. 50)—
Whether Way repairable by Inhabitants at large.
The provisions of s. 23 of the Highway Act,
1835, with respect to the repair of new highways
are not confined in their application to highways
which have become such as the result of inten
tional dedication by the owner of the soil.

FRANCE, Art. 9.

-

See EXTRADITION.

FINANCE ACTS.

See under REVENUE.

-

578

FIRE Railway-Fire caused by sparks from
engine-Damage to agricultural crops
"Particulars of damage"

See RAILWAY.

1.

FOOD AND DRUGS-Sale of.

See under ADULTERATION.

406

FOREIGN INVESTMENTS-Income tax-Com-

At some date subsequent to 1835 a way, which
had previously been set out in an inclosure
award as a private bridle path, became a public
highway, but there was no evidence to shew at
what precise date, or how, or under what cir-
cumstances it became such. In the absence of
evidence that the conditions of s. 23 of the
Highway Act, 1835, had been satisfied :—

Held, that the way was not repairable by the

pany-Interest of, not remitted home inhabitants at large. CABABÉ v. WALTON-UPON-