Knowledge of defect

workman's right.

(2) Nothing in this section contained shall affect any rights or liabilities of the person for whom the work is done and the contractor or sub-contractor (if any) as between themselves.

6. In an action against an employer under this Act, a workman alone not a bar to shall not, by reason only of his continuing in the employment of the employer with knowledge of the defect, negligence, act or omission, which caused his injury, be deemed to have voluntarily incurred the risk of the injury.

Workman not en

titled to compensa

7. A workman shall not be entitled under this Act to any right of tion under certain compensation or remedy against the employer in any of the following cases, that is to say :

circumstances.

Compensation not to exceed three year's wages or $2,000.

Notice of injury within twelve

weeks.

(1.) Under sub-section (1) of section 3, unless the defect therein mentioned arose from or had not been discovered or remedied owing to the negligence of the employer or of some person entrusted by him with the duty of seeing that the condition or arrangement of the ways, works, machinery, plant, building or premises are proper:

(2.) Under sub-section (4) of section 3, unless the injury resulted from some impropriety or defect in the rules, by-laws or instructions therein mentioned; provided, that where a rule or by-law has been approved, or has been accepted as a proper rule or by-law, either by the Lieutenant-Governor in Council, or under and pursuant to any provision in that behalf of any Act of the Legislature of British Columbia, or of the Parliament of Canada, it shall not be deemed for the purposes of this Act to be an improper or defective rule or by-law:

(3.) In any case where the workman knew of the defect or negligence which caused his injury, and failed, without reasonable excuse, to give or cause to be given, within a reasonable time, information thereof to the employer or some person superior to himself in the service of the employer, unless he was aware that the employer or such superior already knew of the said defect or negligence.

8. The amount of compensation recoverable under this Act shall not exceed either such sum as may be found to be equivalent to the estimated earnings during the three years preceding the injury of a person in the same grade employed during those years in the like employment within this Province, or the sum of two thousand dollars, whichever is larger; and such compensation shall not be subject to any deduction or abatement, by reason, or on account, or in respect of any matter or thing whatsoever, save such as is specially provided for in section 11 of this Act.

9. An action for the recovery under this Act of compensation for an injury shall not be maintainable against the employer of the workman unless notice that injury has been sustained is given within twelve weeks, and the action is commenced within six months

from the occurrence of the accident causing the injury, or in case of
death, within twelve months from the time of death; provided always, Proviso.
that in case of death the want of such notice shall be no bar to the

maintenance of such action, if the Judge shall be of opinion that there
was reasonable excuse for such want of notice.

contract out of Act.

10. No contract or agreement made or entered into by a workman When workman can shall be a bar or constitute any defence to an action for the recovery under this Act of compensation for any injury:

(1.) Unless for such workman entering into or making such contract or agreement there was other consideration than that of his being taken into or continued in the employment of the defendant; nor

(2.) Unless such other consideration was, in the opinion of the Court or Judge before whom such action is tried, ample and adequate;

nor

(3.) Unless in the opinion of said Court or Judge, such contract or agreement, in view of such other consideration, was not on the part of the workman improvident, but was just and reasonable; and the burthen of proof in respect of such other consideration, and of the same being ample and adequate, as aforesaid, and that said contract was just and reasonable and was not improvident as aforesaid, shall, in all cases, rest upon the defendant: Provided always, that notwithstanding anything in this section contained, no contract or agreement whatsoever made or entered into by a workman shall be a bar or constitute any defence to an action for the recovery under this Act of compensation for any injury happening or caused by reason of any of the matters mentioned in section 4 of this Act.

11. There shall be deducted from any compensation awarded to any Effect of this Act on workman, or representatives of a workman, or persons claiming by, der other Acts. workman's rights ununder, or through a workman in respect of any cause of action arising under this Act, any penalty or damages, or part of a penalty or damages which may in pursuance of any other Act, either of the Parliament of Canada or of the Legislature of British Columbia, have been paid to such workman, representatives or persons in respect of the same cause of action; and where an action has been brought under this Act by any workman, or the representatives of any workman, or any persons claiming by, under, or through such workman, for compensation in respect of any cause of action arising under this Act, and payment has not previously been made of any penalty or damages, or part of a penalty or damages under any such Act, either of the said Parliament or of the said Legislature, in respect of the same cause of action, such workman, representatives or persons shall not, so far as the said Legislature has power so to enact, be entitled

Notice of injury, how to be given.

Form of notice.

Notice of intention

thereafter to receive in respect of the same cause of action, any such penalty or damages, or part of a penalty or damages, under any such last mentioned Act.

12—(1.) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which it was sustained, and shall be served on the employer, or if there is more than one employer, upon one of such employers:

(2.) The notice may be served by delivering the same to or at the residence or place of busi ess of the person on whom it is to be served:

(3.) The notice may also be served by post, by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business, and if served by post shall be deemed to have been served at the time when a letter containing the same would be delivered in the ordinary course of post, and in proving the service of such notice it shall be sufficient to prove that the notice was properly addressed and registered:

(4.) Where the employer is a body of persons corporate or unincorporate the notice shall be served by delivering the same at or by sending it by post in a registered letter addressed to the office, or if there be more than one office, any one of the offices of such body:

(5.) The want or insufficiency of the notice required by this section, or by section 9 of this Act, shall not be a bar to the maintenance of an action for the recovery of compensation for the injury if the Court or Judge before whom such action is tried, or, in case of appeal, if the Court hearing the appeal is of opinion that there was reasonable excuse for the want or insufficiency, and that the defendant has not been thereby prejudiced in his defence:

(6.) A notice under this section shall be deemed sufficient if in the form or to the effect following :

To A. B, of (here insert employer's address)

or To the

Company, (or as the case may be.)
day of

18 C. D. of

Take notice, that on the [insert address of injured person] a workman in your employment, sustained personal injury (add, of which he died, if such be the case,) and that such injury was caused by (state shortly the cause of the injury, e. g., the fall of a beam.)

13. If the defendant in any action against an employer for comto rely for defence on want of notice, or pensation for an injury sustained by a workman in the course of his not being employer. employment intends to rely for a defence on the want of notice or the insufficiency of notice, or on the ground that he was not the employer of the workman injured, he shall, not less than seven days before the

hearing of the action, or such other time as may be fixed by the rules regulating the practice of the Court in which the action is brought, give notice to the plaintiff of his intention to rely on that defence, and the Court may, in its discretion, and upon such terms and conditions as may be just in that behalf, order and allow an adjournment of the case for the purpose of enabling such notice to be given; and, subject to any such terms and conditions, any notice given pursuant to and in compliance with the order in that behalf, shall, as to any such action and for all purposes thereof, be held to be a notice given pursuant to and in conformity with sections 9 and 12 of this Act.

14. When in any action under this Act compensation is awarded in Court may direct to the case of the death of a workman for an injury sustained by him in whom damages shall be paid. the course of his employment, the amount recovered, after deducting the costs not recovered from the defendant may, if the Court or Judge before whom the action is tried so directs, be divided between the wife, husband, parent and child of the deceased in such shares as the Court or Judge, with or without assessors, as the case may be, or, if the action is tried by a jury, as the jury, may determine.

15. Notwithstanding anything contained in this Act, an action Liability extends to under sections 3, 4, and 5 of this Act, shall lie against the legal personal legal representatives representatives of a deceased employer.

ployer.

16. In any action brought under this Act the particulars of demand Statement of claim. or statement of claim shall state in ordinary language the cause of the injury, and the date at which it was sustained, and the amount of compensation claimed; and where the action is brought by more than one plaintiff, the amount of compensation claimed by each plaintiff, and where the injury of which the plaintiff complains shall have arisen by reason of the negligence, act, or omission of any person in the service of the defendant, the particulars shall give the name and description of

such person.

be applied for.

17. (1.) Upon the trial of any action for recovery of compensation How assessors may under this Act before a Judge without a jury, one or more assessors may be appointed by the Court or Judge for the purpose of ascertaining the amount of compensation, and the remuneration (if any) to be paid to such assessors shall be fixed and determined by the Judge at the trial:

(2.) Any person who shall, as hereinafter provided, be appointed to act as an assessor in such action, shall be qualified so to act :

(3.) In any such action, a party who desires assessors to be appointed shall, eight clear days at least before the day for holding the Court at which the action is to be tried, file an application stating the number of assessors he proposes to be appointed, and the names, addresses and occupations of the persons who may have expressed their willingness

Form of application.

in writing to act as assessors. If the applicant has obtained the consent of the other party to the persons named being appointed, he shall file such consent with his application:

(4.) Where the application for the appointment of assessors has been made by one party to an action only, he shall, five clear days at least before the day for holding the Court at which the action is to be tried, serve a copy of the application, so filed, upon the other party, who may then either file an application for assessors, or file objections to one or more of the persons proposed:

(5.) An application for the appointment of assessors may be in the form following, or to the like effect, namely:

In the (describing the Court).

"The Employers' Liability Act, 1891."

BETWEEN

Plaintiff,
Defendant.

The plaintiff (or defendant) applies to have an assessor (or assessors) appointed to assist the Court in ascertaining the amount of compensation to be awarded to the plaintiff, should the judgment be in his favour, and he submits the names of the following persons, who have expressed their willingness in writing to act as assessors should they be appointed.

(Here set out the names, addresses and occupations of the persons above referred to.)

(If the other party consents to the appointment add the following):

The defendant (or plaintiff) consents to the appointment of any of the persons above named to act as assessors in this action, as appears by his consent thereto filed herewith.

The above named plaintiff, (or as the case may be.)

(6.) Where separate applications are filed by the parties, no objection to the persons proposed shall be made by either party, but the Court or Judge may appoint from the persons named in each application one or more assessor or assessors, provided that the same number of assessors be appointed from the names given in such applications respectively:

(7.) In any such action brought in a County Court the applications for the appointment of assessors, together with any objections made to the persons proposed, shall be forwarded by the Registrar of the Court to the Judge:

(8.) Where application for the appointment of assessors is granted, the Court or Judge shall appoint such of the persons proposed for assessors as by the Court or Judge may be deemed fit, subject to the provisions contained in this Act: