undertakers would, if such work were executed by workmen immediately employed by them, be liable to pay compensation under this act to those workmen in respect of any accident arising out of and in the course of their employment, the undertakers shall be liable to pay to any workman employed in the execution of the work any compensation which is payable to the workman (whether under this act, or in respect of personal negligence or wilful act independently of this act) by such contractor, or would be payable if such contractor were an employer to whom this act applies: Provided that the undertakers shall be entitled to be indemnified by any other person who would have been liable independently of this section.

This section shall not apply to any contract with any person for the execution by or under such contractor of any work which is merely auxiliary or incidental to, and is no part of or process in the trade or business carried on by such undertakers respectively.

In this section the word "undertakers" means-(1) In the case of a railway, waterwork, tramway, or electric lighting work the person on whose behalf the railway, waterwork, tramway, or electric lighting work is being constructed, altered, or repaired, or to whom the same belongs; (2) in the case of a factory, the occupier thereof; (3) in the case of a mine or quarry, the owner thereof; (4) in case of an engineering work, the person undertaking construction, alteration, or repair thereof; (5) in the case of building work, the person undertaking the construction, alteration, repair, or demolition thereof.

11. This act shall apply only to employment by the undertakers herein before defined on or in or about a railway, factory, mine, quarry, or engineering work, and to employment by the undertakers as herein before defined on or in or about any building which is either being constructed or repaired, 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 demolition thereof.

12. Where any employer becomes liable under this act to pay compensation, 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, and any special magistrate may direct the insurers to pay such sum into the savings bank in the name of the public trustee, and the same shall be applied in accordance with the provisions of the first schedule hereto.

13. 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, or against his employer for compensation under this act, but not against both, and if compensation be paid under this act, the employer shall be entitled to be indemnified by the said other person.

14. This act shall only apply to workmen engaged in agricultural or pastoral pursuits when steam, water, oil, gas, electricity, compressed air, or other like mechanical power is used in the factory; and this act shall not apply to persons in the naval or military service of the Crown, but otherwise shall apply to any employment by or under the Crown to which this act would apply if the employer were a private person. 15. Any contract existing at the commencement of this act, whereby a workman relinquishes any right to compensation from the employer for injury arising out of and in the course of his employment, shall not for the purposes of this act be deemed to continue after the time at which the workman's contract of service would determine if notice of the determination thereof were given at the commencement of this act. 16. This act shall come into operation on a date to be fixed by proclamation, not earlier than the first day of June, one thousand nine hundred and one.

THE FIRST SCHEDULE REFERRED TO.

Scale and conditions of compensation.

SCALE.

(1) The amount of compensation under this act shall be

(a) Where death results from 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 employment of the same employer during the three years next preceding the injury, or the sum of one hundred and fifty pounds [$729.98], whichever of those sums is the larger, but not exceeding in any case three hundred pounds [$1,459.95], 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:

(ii) If the workman does not leave any such dependants, but leaves any dependants in part dependent upon his earnings at the time of 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 act, to be reasonable and proportionate to the injury to the said dependants: and (iii) If he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceeding fifty pounds [$243.33].

(b) Where total or partial incapacity for work results from injury, a weekly payment during the incapacity after the first week not exceeding fifty per centum of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not, then for any less period during which he has been in the employment of the same employer, such weekly payment not to exceed one pound [$4.87], nor in case of total incapacity to be less than seven shillings and sixpence [$1.83] per week. Such payments shall not in the aggregate exceed three hundred pounds [$1,459.95].

(2) In fixing the amount of the weekly payment regard shall be had to the difference between the amount of the average weekly earnings of the workman before the injury and the average amount which he is able to earn after the injury, and to any payment not being wages which he may receive from the employer in respect of his injury during the period of his incapacity.

(3) Where a workman has given notice of injury he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner, provided and paid by the employer, and if he refuses to submit himself 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 case of death, be made to the legal personal representative of the workman, 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.

(5) Any question as to who is a dependant, or as to the amount payable to each dependant, shall, in default of agreement, be settled by arbitration under this act. (6) The sum allotted as compensation to a dependant may be invested or otherwise applied for the benefit of the person entitled thereto, as agreed, or as ordered by the committee or other arbitrator.

(7) Any sum which is agreed or is ordered by the committee or arbitrator to be invested may be invested by the public trustee.

(8) Any workman receiving weekly payments under this act shall, if so required by the employer, or by any 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 provided and paid by the employer; but if the workman objects to an examination by that medical practitioner, or is dissatisfied with 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 this act, as mentioned in the second schedule hereto, 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 suspended until such examination has taken place.

(9) 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 maximum above provided, and the amount of payment shall, in default of agreement, be settled by arbitration under this act.

(10) 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 either the workman or the employer, be redeemed by the payment of a lump sum, not exceeding three hundred pounds [$1,459.95], 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 be invested or otherwise applied as above mentioned.

THE SECOND SCHEDULE Referred to.

Arbitration.

The following provisions shall apply for settling any matter which under this act is to be settled by arbitration

(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 matter 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 hereinafter provided.

(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 a special magistrate, according to the procedure prescribed by rules made under this act.

(3) Any arbitrator appointed by special magistrate shall, for the purposes of this act, have all the powers of a local court, and shall be paid out of moneys to be provided by Parliament.

(4) The Arbitration Act, 1891, shall not apply to any arbitration under this act, but an arbitrator may, if he thinks fit, submit any question of law for the decision of a local court of full jurisdiction, and the decision of the court on any question of law, either on such submission or in any case where he himself settles the matter under this act, shall be final; unless within the time and in accordance with the conditions prescribed by rules of the supreme court either party appeals to the supreme court; and the local court or the arbitrator shall, for the purpose of an arbitration under this act, have the same powers of procuring the attendance of witnesses and the production of documents as if the claim for compensation had been made by plaint in a local

court.

(5) In any arbitration under this act any party may appear by any person duly appointed in his behalf.

(6) The costs of and incident to the arbitration and proceedings connected therewith shall be in the discretion of the arbitrator. The costs, whether before an arbitrator or in the local court, shall not exceed the limit prescribed by rules of court, and shall be taxed in manner prescribed by those rules.

(7) 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 memorandum thereof shall be sent by the said committee or arbitrator, or by any party interested, to the clerk of the local court for the district in which any person entitled to such compensation resides, who shall, on being satisfied as to its genuineness, record such memorandum in a special register without charge, and thereupon the said memorandum shall for all purposes be enforceable as a local court judgment: Provided, That a special magistrate may at any time rectify such register.

(8) Where any matter under this act is to be done in a local court, or by, to, or before the special magistrate, then, unless the contrary intention appear, the same shall, subject to rules of court, be done in, or by, to, or before the special magistrate of the local court of the district in which all the parties concerned reside, or if they reside in different districts, the district in which the injury out of which the matter arose occurred, without prejudice to any transfer in manner provided by rules of court.

(9) The duty of a special magistrate under this act, or of an arbitrator appointed by him, shall, subject to rules of court, be part of the duties of the local court, and the officers of the court shall act accordingly, and rules of court may be made both for any purpose for which this act authorizes rules of court to be made, and also generally for carrying into effect this act so far as it affects local courts, or an arbitrator appointed by a special magistrate, and proceedings in a local court or before any such arbitrator. (10) The governor may make or repeal regulations providing for rules of court, and generally for carrying this act into effect.

(11) No court fee shall be payable by any party in respect of any proceedings under this act in a local court prior to the award.

(12) Any sum awarded as compensation shall be paid on the receipt of the person to whom it is payable under any agreement or award, and his solicitor or agent shall not be entitled to recover from him or to claim a lien on or deduct any amount for costs from the said sum awarded for any costs except such as have been awarded in the arbitration. On 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 costs prescribed by rules of court.

(13) The governor may appoint legally qualified medical practitioners for the purpose of this act, and any committee, arbitrator, or special magistrate may, subject to regulations made by the governor, appoint any such practitioner to report on any matter which seems material to any question arising in the arbitration; and the expense of any such medical practitioner shall, subject to such regulations, be paid out of moneys to be provided by Parliament.

AN ACT to amend "The Workmen's Compensation Act, 1900," and for other

purposes.

1. This act may be cited as "The Workmen's Compensation Amendment Act, 1904,’ and shall be incorporated and read with "The Workmen's Compensation Act, 1900" (hereinafter referred to as the principal act).

2. A workman employed by an employer on, or in, or about a factory, but engaged elsewhere on the duties of his employment, shall be deemed to be employed in such factory while so engaged in such duties, and the place where he is so employed shall, so far as any injury to such workman is concerned, be deemed to be the factory of and occupied by such employer within the meaning of the principal act: Provided that the employer shall not be liable under this act or the principal act in the case of an accident to a workman whilst proceeding to or from any place, or in the case of an accident to a workman on, in, or about any ship or boat unless while such ship or boat is in harbor or port.

3. Section 4 of the principal act is hereby amended by adding after the word "compensation," in the third line of the said section, the words "pursuant to the provisions of the second schedule."

4. In any proceedings under section 7 of the principal act, when the court assesses the compensation, it shall give a certificate of the compensation it has awarded and the directions it has given as to the deductions for costs, and such certificate shall have the force and effect of an award under the principal act.

5. Notwithstanding anything to the contrary contained in this act or the principal act, the compensation payable to a workman who is a longshoreman, injured in loading or unloading ships, shall be calculated as if the average earnings of such workman immediately prior to the injury, or total disablement, or fatal injury, were equal to two pounds [$9.73] per week, regardless of whether the said workman had been employed by one or several employers.

SPAIN.

THE LAW OF JANUARY 30, 1900.(a)

ARTICLE 1. For the purposes of the present law, an accident designates every physical injury which a workman suffers during or in consequence of the work that he performs for some one else; by employer is understood the individual or company that owns the plant, manufactory, or enterprise in which the work is being performed; by a workman one who is engaged habitually in manual labor outside of his domicile in the employ of another.

ART. 2. The employer is responsible for accidents occurring to his workmen by reason of and during the performance of the occupation, or labor in which they are engaged, except when the accident is due to natural causes foreign to the pursuit in which the accident occurs.

ART. 3. The following are the industries or pursuits in which the employer is liable: 1. Factories, workshops, and industrial establishments in which power other than human force is being employed.

2. Mines, salt works, and stone quarries.

3. Factories, metallurgical workshops, and construction works on land or on sea. 4. The construction, repair, and preservation of buildings, embracing masonry work in all its branches, carpentry, locksmithing, stonecutting, painting, etc.

5. Establishments which produce or employ for industrial purposes, explosive, inflammable, unsanitary or toxic materials.

6. The construction, repair, and maintenance of railways, ports, highways, canals, dams, aqueducts, drains and similar works.

7. Agricultural and forestry pursuits in which is employed some other motor force than human power. In such pursuits the responsibility of the employer extends only to that portion of the personnel which is exposed to the dangers of machinery. 8. Cartage and transportation on land, sea, or river.

9. Cleaning of streets, cesspools and sewers.

10. Warehouses, coal yards, wood yards, and lumber yards.

11. Theatres in so far as the salaried workmen are concerned.

12. Pumping stations.

13. Establishments for the production of gas and electricity and the installation and maintenance of telephone lines.

14. The installation, repair, and dismantling of electric conductors and lightning rods.

15. All persons employed in the works of loading and unloading.

16. All works and industries of a similar nature, but not included in the preceding groups.

ART. 4. Workmen shall have a right to compensation for accidents indicated in article 2 which result in total or partial, temporary or permanent disability, the form and amount of compensation being established by the following rules:

1. If the accident has produced temporary disability, the employer shall grant to the injured person compensation equal to one-half his daily earnings, from the day on which the accident took place until the day on which he finds himself able to return to work.

If after a year the disability has not been removed, compensation shall be paid according to the regulations relating to permanent disability.

2. If the accident results in permanent and total disability for any kind of work, the employer shall grant to the injured person compensation equal to two years' wages; but, if the disability is limited only to the workman's habitual occupation and does not interfere with his applying himself to some other kind of work, then the compensation shall amount only to eighteen months' wages.

3. If the accident results in partial, though permanent disability for the occupation or kind of work in which the injured person was engaged, the employer shall be obliged

a Legislación del Trabajo (Instituto de Reformas Sociales), pp. 9-13. Madrid, 1905.