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Workmen S Compensation Act - Law Dictionary Search Results

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Interrogatories

Interrogatories, written questions addressed on behalf of one party to a cause, before the trial thereof, to the other party, who is bound to answer them in writing upon oath.In the Courts of Equity either party could from very early times interrogate the other. In the Courts of Law this power was first given by the (English) Common Law Procedure Act, 1854, s. 51, which, however, only allowed it to be exercised by leave of the Court or a judge. Under the present practice interrogatories can only be administered in the High Court by leave of the Court, i.e., a Master at Chambers, and the particular questions proposed to be asked must be submitted for his approval; a sum, generally 5l., may be ordered to be paid into Court as security for costs. See R.S.C. 1883, Ord. XXXI., and consult Bray or Ross on Discovery. As to interrogatories in the County Courts, see C.C. Rules, 1903, Ord. XVI. An order for interrogatories cannot be made in an arbitration under the (English) Workmen's Compensati...


Commitment

Commitment, (1) the sending a person to prison by warrantor order, either for a crime, contempt, or contumacy [see the (English) Debtors Act, 1869, for the abolition of imprisonment for debt, 32 & 33 Vict. c. 62, s. 5]. In the county Court, judgment debts which the debtor has the means [Re A Debtor, (1905) 1 KB 374] to, but will not pay, can be enforced by commitment for a term not exceeding six weeks. This procedure can be applied to an award under the Workmen's Compensation Act, 1906 (Bailey v. Plant, 1901 (1) KB 31); see ATTACH-MENT, and R.S.C. Ord. XLIV.; and (2) the sending to prison, pending his trial at Assizes or Quarte, Sessions, by justices of the peace, under the (English) Indictable Offences Act, 1848 (11 & 12 Vict. c. 42), of a person charged with an indictable offence, in a case where the evidence is sufficient....


Fishing boats

Fishing boats.-See the special provisions as to fishing boats in the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60, Part IV.); Chit. Stat., tit. 'Shipping.' If profit-sharing, they may be excluded from the Workmen's Compensation Act, 1925: see s. 35(2)....


Seaman

Seaman, is a person who assists in the navigation and operation of a vessel at sea; a sailor or mariner, especially, one below the rank of officer, Black's Law Dictionary, 7th Edn., p. 1351.Means any person forming part of the crew of any ship, but does not include the master of the ship. [Workmen's Compensation Act, 1923, s. 2(1)(k)]...


Anthrax

Anthrax, a splenic fever of sheep and cattle; a malignant boil or pustule caused in man by infection from animals either directly or through articles manufactured from their hair, skin, etc. see The (English) Anthrax Prevention Act, 1919, and the Orders made thereunder.Anthrax is scheduled as an industrial disease by the (English) Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), 3rd Schd....


Disablement, Partial

Disablement, Partial. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2(g)]...


Medical Referee

Medical Referee. s. 38 of the (English) Workmen's Compensation Act, 1925 (15 & 16 Geo. 5, c. 84), provides for the appointment and remuneration of medical referees. See ASSESSORS....


Partial disablement

Partial disablement, means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time: provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (g)]...


Average weekly earnings

Average weekly earnings, See WORKMEN'S COMPENSATION ACT....


Contracting out of a statute

Contracting out of a statute. In accordance with the maxim, Quilibet potest [or Cuilibet licet] renunciare juri pro se introducto, persons for whose benefit a statute has been passed may contract with others in such a manner as to deprive themselves of the benefit of the statute, as, for instance, the benefit of the Employers Liability Act, 1880; see Griffiths v. Earl of Dudley, (1882) 9 QBD 357.Certain Acts prohibit 'contracting out' or impose limitations. For example, by s. 1 (3) of the Workmens Compensation Act, 1925, contracting out of the Act is allowed upon the certificate of the Registrar of Friendly Societies that a proposed scheme of compensation is not less favourable to the workmen than the scheme of compensation provided by the Act. See also s. 45 of the Agricultural Holdings Act, 1923; and s. 146 (12) of the (English) Law of Property Act,1925, which provides for relief against the forfeiture of a lease; and also ss. 95 and 96 as to mortgages which exclude contracting out, ...



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