DEATH. See Damages (supra), and Lord Campbell's Act.

payment, in case of, 342.

right of dependants an independent one, ib.

of employer, liability of his estate, 271.

liability of surviving partner, ib.

DEATH OF DEPENDANT,

after making claim, right to compensation is vested for benefit of his
estate, 396.

DECLARATION OF LIABILITY, 135, 339, 373.

DEDUCTION,

from wages of amount paid for insurance, 172.

DEFECTS,

master not liable for latent, 12, 13, 25, n.

complaint of servant of, 13, n., 26, 73, 75, n., 77.
provision of Act as to certain, 21, 26, 28.

in ways. See Ways.

in works, &c. See Works; Machinery; Plant.

in bye-laws. See Bye-laws.

must be due to negligence, 23, 35.

when servant, knowing of defect, must give notice, 23, 65.

when due to negligence of fellow-servant, 33.

servant must not wilfully run into danger caused by defect, 32.

DEFENCES AT COMMON LAW AND UNDER E. L. A.,

summary of defences open to masters, 64.

defences special to Act, 65.

traverse of negligence, 66 et seq. See Negligence.

contributory negligence, 78 et seq. See Contributory Negligence.
accident, 25, n.

Act, contracted out of, 23.

of settlement, 48.

res judicata, ib.

defence under W. C. A. See Epitome of, p. 86.

DEFINITIONS. Sect. 13...267.

DEMAND,

particulars of. See Particulars.

DENIAL OF LIABILITY,

payment into Court with, in Rule 18 (10)...486, 696.

References to pages subsequent to 84 are to the W. C. A.

DEPENDANTS UNDER W. C. A.,

defined, 273.

determination of, 345.

rights in compensation vested and independent, 343, 396. See Actio
personalis; Disposition of Compensation.

DUTY OF A MASTER. Also see Care and Negligence.
at common law, 2.

no duty to personally superintend, 10.

but if he does, must superintend competently, 11.
not personal, 10.

as to selecting superintendents in his place, 10, 14.
even when his servant is leaving work unlawfully, 11, n.
to test for defects, 12.

not to provide against extraordinary rashness, 14.
to provide proper guards, ib.

to warn against hidden dangers, ib.

to use care in engaging servants, ib.

a continuing duty, 15.

to conduct business on proper system, 15, 42.

as to statutory obligations, 17.

duty owed indirectly, 23, n.

no duty to adopt most recent improvements, 31, n.

to provide against probable slips, 33.

to furnish adequate materials, 11 et seq., 64.

to ignorant servant when put to dangerous work, 81, n.
to young persons, 81.

EMPLOYERS AND WORKMEN ACT (38 & 39 Vict. c. 90), 61.

References to pages subsequent to 84 are to the W. C. A.

EMPLOYMENT,

any employment, 93.

abroad, 93, n.

of a casual nature, 94.

found from philanthropy, 99, 129.

duration of. See Arising out of or in the Course of.
after accident at full wages, 134.

notice to be given before leaving employment, 159.
continuity of, discussed, 290.

grade of employment with same employer, 306.
concurrent contracts, 308.

same grade of, 306.

offer of, 323.

ENFORCING AWARD, 389; Rules 67-69.

discovery in aid, 391.

ESTOPPEL BY REGISTRATION OF AGREEMENT, 353.

EVIDENCE,

when master's knowledge and servant's ignorance to be proved,
12, 26.

burden of proof when incompetent servant employed, 14.

breach of statutory obligation evidence of negligence, 19.
what plaintiff must prove under Act, 24.

res ipsa loquitur, 25, n.

of service of notice, 50.

hearsay rule cannot be relaxed, 113.

no evidence, 112.

EXECUTION, 389, Rule 67. See Enforcing Award.

EXECUTORS. See Lord Campbell's Act.

liability of employer's estate for compensation, 271.

FACTORY AND WORKSHOP ACT, 1901,

address of certifying surgeon under, 235.

fines under, 157.

FATAL ACCIDENTS ACT. See Lord Campbell's Act.

FELLOW-SERVANT. See Common Employment and Servant.

takes risks of negligence of fellow-servant, 1,

3.

captain of a ship, 3, n., 33, n.

compulsory pilot not, 3, n.

though in different grades, 5.

manager of company a, 5, n., 61, n.

partner not, 10.

wife not, 10, n.

References to pages subsequent to 84 are to the W. C. A.

FENCING. See Duty; Machinery; Highway.

FILING AND SERVICE OF DOCUMENTS AND NOTICES, Rule 77.

FINES, RECEIPT OF,

not prejudice right to other damages or compensation, 157.
FOREMAN. See Superintendence.

FORMS,

under W. C. A., Appendix A.

index of, 509.

additional forms, Appendix B.

FRAUD,

settlement obtained by, 48, 387.

FRIENDLY SOCIETIES,

registrar of, to certify schemes, 167.

Act of 1896 not to apply in certain particulars, 362.

FUNERAL EXPENSES,

not recoverable under Lord Campbell's Act, 47.
under W. C. A., 318.

GARDENER,

a menial servant, 62.

under W. C. A., 94.

See under Employment of a Casual Nature.

GIRL. See Infant.

GOING TO WORK. See Employment, duration of.

GOOD RECEIPT, 395.

GUEST,

a licensee, 24, n.

HEARSAY EVIDENCE, 113.

HIGH COURT,

actions under Act cannot be brought in, 54.
removal to, ib.

HIGHWAY,

duty to fence danger near, 24, n.

References to pages subsequent to 84 are to the W. C. A.