Section 14. In Scotland, where a workman raises an action against his employer, independently of this act, in respect of any injury caused by accident arising out of and in the course of the employment, the action, if raised sation under the provincial act, since he would hold it, if recovered, for her benefit, said: "It is not insisted that the provincial statute shall operate extraterritorially. It is insisted that by its express words it imposes on the employer a liability to compensate his workmen for personal injuries by accident arising out of and in the course of the employment which he carries on, and in which they work. Where that employment is carried on in the province of British Columbia, one of the results of this intraterritorial operation of the statute may, the respondents admit, possibly be that in some cases a nonresident alien may derive a benefit under it; but their Lordships think that if the liability thus expressly imposed is to be cut down at all, or if the employer is to be relieved from it to any extent, this must be done either by some provision of the statute itself, or of the schedules attached to it, either expressed or to be clearly implied, and not by conjectures as to the policy of the act not suggested by its language." In Varesick v. British Columbia Copper Co. (1906) 12 B. C. 286, the judge of the county court apparently assumed that alien dependents residing abroad were entitled to compensation under the act, but compensation was denied upon the ground that it was not shown that the applicants were dependents. in the sheriff court and concluding for damages under the employers' liability act 1880, or alternatively at common law or under the employers' liability act 1880, shall, notwithstanding anything contained in that act, not be removed under that act or otherwise to the court of session, nor shall it be appealed to that court otherwise than by appeal on a question of law; and for the purposes of such appeal the provisions of the second schedule to this act in regard to an appeal from the decision of the sheriff on any question of law determined by him as arbitrator under this act shall apply [new]. b. Effect of this section. Section 14 of the act provides that in Scotland, where a workman raises an action in the sheriff's court against his employer independently of the act, and concluding for damages under the employers' liability act of 1880, or alternatively at common law or under the employers' liability act of 1880, the action shall not be remitted to the court of sessions except upon an appeal on a to Canada. Held, that the parents were not entitled to maintain the action as "dependents," inasmuch as they had failed to show that they had 'any reasonable expectation of pecuniary benefit" from the deceased. To the same effect, Varesick v. British Columbia Copper Co. (B. C.) supra. 66 A wife who had been separated from her husband for sixteen years, until the time when she spent a few days in the same house with him, but not as his wife, and who for a considerable portion of the period of separation had lived in adultery with another man, is not a dependent upon the husband. Allan v. Oroya Brownhill Co. (1910) 12 West. Australian L. R. 1. A woman living apart from her husband may be found to be in fact dependent upon the earnings of a deceased son who, with several other sons, had lived with her and contributed to her support, although her husband lives in the same town, and she has never taken any steps to procure maintenance from him. Kilgariff v. Associated Gold Mines (1910) 12 West. Australian L. R. 73. 67 An ascendant of whom a deceased employee was not "the only support" is not within the class of persons (Rev. Stat. Quebec, art. 7323) to whom article 7335 of the Revised Statutes of Quebec declares that the employers shall be liable "only 65 In Brown v. British Columbia Electric for the compensation prescribed by this R. Co. (1910) 15 B. C. 350, there was evi- subsection," and his legal right of action dence that the deceased workman had on under article 1056 of the Civil Code has two occasions sent money to his parents not been taken away. Lamontagne v. Quein a foreign country; but it also appeared bec R. Light, Heat & P. Co. (1914) 50 that they had in the first instance assisted Can. S. C. 423. him by advancing money for his passage question of law. Section 13 provides that any reference to a workman shall, if the workman be dead, include a reference to his personal representative or to his dependents. Under these provisions a question has arisen whether the father of a deceased workman was entitled to have his action remanded to the court of session for a jury trial. The House of Lords did not directly decide the question,68 but the court of session, in a subsequent decision, took the position that the father did not have such right.69 XVII. Termination of contracts reliev has been so modified as to conform, with the provisions of this act as to schemes. (4) If any such scheme has not been so recertified before the expiration of six months from the commencement of this act, the certificate thereof shall be revoked. [Section 15 is an elaboration of § 9 of the earlier act, the additions being sufficiently indicated in the text itself.] b. Effect of this section. A scheme of compensation under § 3 of the act of 1897 does not, unless recertified under § 15 of the act of 1906, ing employers from liability; recerti- apply to an accident happening after the fication of schemes (§ 15). a. Text of $ 15. Section 15 (1) Any contract (other than a contract substituting the provisions of a scheme certified under the workmen's compensation act 1897 for the provisions of that act) existing at the commencement of this act, whereby a workman relinquishes any right to compensation from the employer for personal 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. act came in operation, but within the six months mentioned in § 15, subs. 4.70 A workman, who entered on his embarred from obtaining compensation unployment after July 1st, 1907, is not der that act by having agreed to actified under the act of 1897, but which cept the provisions of the scheme cerhad not been recertified under the act of 1906 before the employment was entered into. 71 The six months allowed for recertify ing schemes under the act of 1906 “from the commencement of this act" run from July 1, 1907, the date when the act took effect.72 workmen shall be taken before the regIt is not necessary that a ballot of the istrar can recertify his scheme under § 15.73 (2) Every scheme under the workmen's compensation act 1897, in force XVIII. Repealing clause (§ 16). at the commencement of this act, shall, if recertified by the registrar of friendly societies, have effect as if it were a scheme under this act. (3) The registrar shall recertify any such scheme if it is proved to his satisfaction that the scheme conforms, or 68 Where a father whose son had met his death by accident sought damages either at common law or alternatively under the employers' liability act of 1880, from the employers of the son, the father is entitled to have the cause remitted for trial by jury to the court of session; for if such right was taken away by § 13 and § 14 of the workmen's compensation act, it was restored by the sheriff court act of 1907, § 30. Banknock Coal Co. v. Lawrie [1912] A. C. (Eng.) 105, 81 L. J. P. C. N. S. 89,| 106 L. T. N. S. 283, [1912] W. C. Rep. 1, 5 B. W. C. C. 209, 28 Times L. R. 136, [1912] S. C. 20, 49 Scot. L. R. 98. a. Text of $ 16. Section 16 (1) This act shall come into operation on the 1st day of July, 1907, but, except so far as it relates to references to medical referees, and proceedings consequential thereon, shall not of sessions otherwise than by appeal on a question of law. Cook v. Bonnybridge Silica & Fireclay Co. (1914) 51 Scot. L. R. 529, 7 B. W. C. C. 907. 70 Moss v. Great Eastern R. Co. [1909] 2 K. B. (Eng.) 274, 78 L. J. K. B. N. S. 1048, 100 L. T. N. S. 747, 25 Times L. R. 466. 71 Wallace v. Hawthorne [1908] S. C. 713, 45 Scot. L. R. 547. C. C. 72 Morter v. Great Eastern R. Co. (1908; C.) 126 L. T. Jo. (Eng.) 171, 2 B. W. C. 480. 73 Godwin v. Lord Comrs. of Admiralty [1913] A. C. (Eng.) 638, 82 L. J. K. B. 69 An action by a father against the N. S. 1126, 109 L. T. N. S. 428, 29 Times employers of his deceased son, at common L. R. 774, [1913] W. N. 267, 6 B. W. law and under the liability act of 1880, C. C. 788, affirming Court of Appeal [1912] is an action "by a workman against his 2 K. B. 26, 81 L. J. K. B. N. S. 532, 106 employer," within the meaning of § 14 of L. T. N. S. 136, 28 Times L. R. 229, [1912] the act, and cannot be appealed to the court | W. C. Rep. 49, 5 B. W. C. C. 229. apply in any case where the accident, any such dependents, but leaves any dehappened before the commencement of this act. (2) The workmen's compensation acts 1897 and 1900 are hereby repealed, but shall continue to apply to cases where the accident happened before the commencement of this act, except to the extent to which this act applies to those cases. b. Effect of this section. An appeal to the House of Lords from a decision of the court of session reversing a decision of an arbiter based on the report of a medical referee will not lie under sched. II., ¶ 17 (b), of the act of 1906, in a proceeding under the act of 1897 in regard to an accident which occurred before the commencement of the act of 1906, notwithstanding the exception in § 16, subs. 1, of the latter act, as to "references to medical refand proceedings consequential erees thereon." 74 XIX. Citing clause (§ 17). a. Text of § 17. Section 17. This act may be cited as the workmen's compensation act 1906. XX. Compensation recoverable (sched. 1). a. Text of schedule I. First Schedule. Scale and Conditions of Compensation. (1) The amount of compensation under this act shall be: (a) where death results from the injury (i.) if the workman leaves any dependents wholly dependent upon his earnings, 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 £150, whichever of those sums is the larger, but not exceeding in any case £300, provided that the amount of any weekly payments made under this act, and any lump sum paid in redemption thereof, 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 74 Mackay v. Rosie [1912] S. C. (H. L.) 7, 49 Scot. L. R. 48, 56 Sol. Jo. 48, 105 L. T. N. S. 682, 5 B. W. C. C. 181. pendents in part dependent upon his earnings, 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 dependents; and (iii) if he leaves no dependents, the reasonable expenses of his medical attendance and burial, not exceeding £10; (b) Where total or partial incapacity for work results from injury, a weekly payment during the incapacity not exceeding 50 per cent 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 £1: Provided that (a) if the incapacity lasts less than two weeks no compensation shall be payable in respect of the first week; and (b) as respects the weekly payments during total incapacity of a workman who is under twenty-one years of age at the date of the injury, and whose average weekly earnings are less than 20s., 100 per cent shall be substituted for 50 per cent of his average weekly earnings, but the weekly payment shall in no case exceed 10s. [The proviso under ¶ 1 (b) is new; otherwise the paragraph is practically the same as in the original act.] (2) For the purpose of the provisions of this schedule relating to "earnings" and "average weekly earnings" of a workman, the following rules shall be observed: (a) Average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated. Provided, that where, by reason of the shortness of the time during which the workman has been in the employment of his employer, or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district. (b) Where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident; such examination has taken place [¶ 3 of the original act]. (5) The payment in the case of death shall, unless otherwise ordered as hereinafter provided, be paid into county court, and any sum so paid into court shall, subject to rules of court and the provisions of this schedule, be invested, applied, or otherwise dealt with by the court in such manner as the court in its discretion thinks fit for the benefit of the persons entitled thereto under this act; and the receipt of the registrar of the court shall be a sufficient discharge (c) Employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by ab-in respect of the amount paid in: sence from work due to illness or any other unavoidable cause; (d) Where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. [Paragraph 2 is new.] Provided that, if so agreed, the payment in case of death shall, if the workman leaves no dependents, be made to his legal personal representative, or, if he has no such representative, to the person to whom the expenses of medical attendance and burial are due [similar to 4 of the original act]. (6) Rules of court may provide for the transfer of money paid into court under this act from one court to another, whether or not the court from which it is to be transferred is in the same part of the United Kingdom as the court to which it is to be transferred [new]. (3) In fixing the amount of the weekly payment, regard shall be had to any payment, allowance, or benefit which the workman may receive from the employer during the period of his incapacity, and in the case of partial incapacity the weekly payment shall in no case ex- (7) Where a weekly payment is payceed the difference between the amount able under this act to a person under of the average weekly earnings of the any legal disability, a county court may, workman before the accident and the on application being made in accordance average weekly amount which he is earn- with rules of court, order that the weeking or is able to earn in some suitable ly payment be paid during the disabilemployment or business after the ac-ity into court, and the provisions of this cident, but shall bear such relation to the amount of that difference as under the circumstances of the case may ap pear proper. [Paragraph 2 of the original schedule. reads as follows: schedule with respect to sums required by this schedule to be paid into court shall apply to sums paid into court in pursuance of any such order [new]. (8) Any question as to who is a dependent shall, in default of agreement, In fixing the amount of the weekly be settled by arbitration under this act, payment, regard shall be had to the dif- or, if not so settled before payment into ference between the amount of the aver-court under this schedule, shall be setage weekly earnings of the workman tled by the county court, and the amount before the accident, and the average payable to each dependent shall be setamount which he is able to earn after the accident, 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.] (4) Where a workman has given notice of an accident, 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 to take or prosecute any proceeding under this act in relation to compensation, shall be suspended until tled by arbitration under this act, or, if not so settled before payment into court under this schedule, by the county court. Where there are both total and partial dependents, nothing in this schedule shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependents [similar to 5th paragraph of the act of 1897; last sentence is new]. (9) Where, on application being made in accordance with rules of court, it appears to a county court that, on account of neglect of children on the part of a widow, or on account of the variation of the circumstances of the various de pendents, or for any other sufficient | schedule, was omitted from ¶ 14 of the cause, an order of the court, or an award later act: as to the apportionment amongst the several dependents of any sum paid as compensation, or as to the manner in which any sum payable to any such dependents is to be invested, applied, or otherwise dealt with, ought to be varied, the court may make such order for the variation of the former order or the award as in the circumstances of the case the court may think just [new]. (10) Any sum which under this schedule is ordered to be invested may be invested in whole or in part in the Postoffice Savings Bank by the registrar of the county court in his name as registrar [17 of the original act]. (11) Any sum to be so invested may be invested in the purchase of an annuity from the National Debt Commissioners through the Postoffice Savings Bank, or be accepted by the Postmaster General as a deposit in the name of the registrar as such, and the provisions of any statute or regulations respecting the limits of deposits in savings banks, and the declaration to be made by a depositor, shall not apply to such sums [18 of the original act]. 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 this act, as mentioned in une 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]. (15) A workman shall not be required to submit himself for examination by a medical practitioner under paragraph (4) or paragraph (14) of this schedule, otherwise than in accordance with regulations made by the Secretary of State, or at more frequent intervals than may pe prescribed by those regulations. Where a workman has so submitted himself for examination by a medical practitioner, or has been examined by a medical practitioner selected by himseif, and the employer or the workman, (12) No part of any money invested as the case may be, has within six days in the name of the registrar of any coun- after such examination furnished the ty court in the Postoffice Savings Bank otner with a copy of the report of that under this act shall be paid out, except practitioner as to the workman's conupon authority addressed to the Post-aition, then, in the event of no agreemaster General by the Treasury or, sub-ment being come to between the employer ject to regulations of the Treasury by and the workman as to the workman's the judge or registrar of the county court [9 of the original act]. (13) Any person deriving any benefit from any moneys invested in a postoffice savings bank under the provisions of this act may nevertheless open an account in a postoffice savings bank or in any other savings bank in his own name without being liable to any penalties imposed by any statute or regulations in respect of the opening of accounts in two savings banks, or of two accounts in the same savings bank [¶ 10 of the original act]. (14) Any workman receiving weekly payments under this act shall, if so required by the employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer. 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. [The following clause, forming part of the first sentence in ¶ 11 of the earlier condition or fitness for employment, the registrar of a county court, on application being made to the court by both parties, may, on payment by the applicants of such fee, not exceeding £1, as may be prescribed, refer the matter, to a medical referee. The medical referee to whom the matter is so referred shall, in accordance with regulations made by the Secretary of State, give a certificate as to the condition of the workman and his fitness for employment, specifying, where necessary, the kind of employment for which he is fit, and that certificate shall be conclusive evidence as to the matters so certified. Where no agreement can be come to between the employer and the workman as to whether or to what extent the incapacity of the workman is due to the accident, the provisions of this paragraph shall, subject to any regulations made by the Secretary of State, apply as if the question were a question as to the condition of the workman. If a workman, on being required so to |