210 of the Consolidated Statutes (Third Series) and is subject to all the provisions of the said Chapter.

The said goods, wares and merchandize are now owned by and are now in possession of

....

......

and are free from any mortgage, lien or charge thereon, (or as the case may be), and are in (place or places where goods are), and are the following (particular description of goods assigned) and are valued at (state estimated value when security given).

N.B.-The goods, wares and merchandize may be set out in a schedule annexed to the security.

TITLE XXX.

OF LABOUR.

CHAPTER 211.

Of the Liability of Employers for Injuries to Workmen in their Service.

1. Where personal injury is caused to a workman—

(1) By reason of any defect in the condition of the ways, works, machinery or plant, connected with or used in the business

of the employer; or

(2) By reason of the negligence of any person, in the service of the employer, who has any superintendence entrusted to him, whilst in the exercise of such superintendence; or

(3) By reason of the negligence of any person, in the service of the employer, to whose orders or directions the workman, at the time of the injury, was bound to conform, and did conform, where such injury resulted from his having so conformed, or

(4) By reason of the act or omission of any person in the service of the employer, done or made in obedience to the rules or bye-laws of the employer, or in obedience to particular instructions given by any person delegated with the authority of the employer in that behalf; or

(5) By reason of the negligence of any person in the service of the employer, who has the charge or control of any signal,

the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of, nor in the service of the employer, nor engaged in his work.

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

of

(1) Under sub-section one, of section one, 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 in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery or plant were in proper condition.

(2) Under sub-section four, of section one, unless the injury resulted from some impropriety or defect in the rules, byelaws or instructions therein mentioned: Provided that, where a rule or bye-law has been approved or has been accepted as a proper rule or bye-law, by virtue of any Act of the Legislature or by the Governor in Council of this Colony, it shall not be deemed, for the purposes of this Chapter, to be an improper or defective rule or bye-law.

(3) In any case where the workman knew of the defect or negligence which caused his injury, and failed within a reasonable time to give, or cause to be given, 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.

3.

The amount of compensation recoverable, under this Chapter, shall not exceed 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, and in the district in which the workman is employed at the time of the injury.

4.

There shall be deducted from any compensation awarded to any workman, or representatives of a workman, claiming by, under or through a workman, in respect of any cause of action under this Chapter, any pen

alty, or part of a penalty, which may have been paid, in pursuance of any other Act or law having force in this Colony, to such workman, representatives or persons in respect of the same cause of action; and where an action has been brought, under this Chapter, by any workman or the representatives of any workman, or any person claiming by, under or through such workman, for compensation in respect of any cause of action arising under this Chapter, and payment has not previously been made of any penalty or part of a penalty under any other Act or law in force in this Colony in respect of the same cause of action, such workman, representatives or person shall not be entitled thereafter to receive any penalty or part of a penalty under any other Act or law in respect of the same cause of action.

5.

When the execution of any work is being carried into effect under any contract and

(1) The person for whom the work or any part thereof is done owns or supplies any ways, works, machinery, plant, buildings or premises, used for the purpose of executing the work; and

(2) By reason of any defect in the condition or arrangement of such ways, works, machinery, plant, buildings or premises, personal injury is caused to any workman employed by the contractor or by any sub-contractor; and

(3) The defect or the failure to discover or remedy the defect arose from the negligence of the person for whom the work or any part thereof is done, or of some person being in his service and entrusted by him with the duty of seeing that such condition or arrangement is proper;

the person for whom the work is done, or that part of the work is done, shall be liable to pay compensation for the injury as if the workman had been employed by him; and for that purpose shall be deemed to be the employer of the workman within the meaning of this Chapter, provided that such person for whom the work is done shall be entitled to be indemnified by any other person who would have been liable independently of this section.

6. Proceedings for the recovery under this Chapter of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof and be

fore the workman has voluntarily left the employment in which he was injured, and unless action is commenced within six months from the occurrence of the accident causing the injury, or in case of death, within six months from the time of death: Provided always, that the want of, or any defect or inaccuracy in, such notice shall not be a bar to the maintenance of such proceedings if it appears that the employer is not prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inacuracy was occasioned by mistake or other reasonable cause.

(2) Notice in respect of an injury under this Chapter 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 be more than one employer, upon one of such employers.

(3) The notice may be served by delivering the same to, or at the residence or place of business of, the person on whom it is

to be served.

(4) The notice may also be served by post, by 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 the letter containing the same would have been 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.

(5) When the employer is a body of persons corporate or unincorporate, the notice may also be served by delivering the same

at, or by sending it by post in a registered letter addressed to the employer at the office, or, if there be more than one office, any one of the offices of such body.

7. No contract or agreement made or entered into by a workman shall be a bar or constitute a defence to any action for the recovery of compensation under this Chapter for an injury happening to a workman.

8. For the purposes of this Chapter, unless the context otherwise

requires:

The

expression "person who has superintendence entrusted to him,” shall mean a person whose sole or principal duty is that of