The expression "employer," includes a body of persons corporate or unincorporate and the legal representatives of a deceased. employer. The expression "workman," does not include a domestic or menial servant, but means any person who being a laborer, servant in husbandry, journeyman, artificer, hand-craftsman, miner, railway servant, tramway servant, street railway servant, or person employed in works for the generation, control or management of electric power, or person otherwise engaged in manual labor, whether under the age of twentyone years or above that age, who has entered into or works under a contract with an employer, whether the contract be express or implied, oral or in writing, and whether it be a contract of service or a contract personally to execute any work or labor. SECTION CHAPTER 212 Of Compensation to Workmen. 1. Employer shall be liable to pay compen- 3.-Government Engineer may grant certifi- 4. Liability of principal for contractor. 7. Application to workmen under Crown. 1. (1) If in any employment, to which this Chapter applies, personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject as hereinafter mentioned, be liable to pay compensation in accordance with the Schedule to this Chapter. (2) Provided that (a) The employer shall not be liable under this Chapter in re spect of any injury which does not disable the workman for a period of at least one week from earning full wages at the work at which he was employed. (b) When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Chapter shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Chapter or take proceedings independently of this Chapter, but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Chapter and shall not be liable to any proceedings independently of this 114 Chapter, except in case of such personal negligence or wilful act as aforesaid. (c) If it is proved that the injury to a workman is attributable to the serious or wilful misconduct of that workman any compensation claimed in respect of that injury shall be disallowed. (3) If within the time hereinafter in this Chapter limited for taking proceedings an action is brought to recover damages independently of this Chapter for injury caused by any accident, and it is determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Chapter, the action shall be dismissed; but the Court in which the action is tried shall, if the plaintiff so choose, proceed to assess such compensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Chapter. In any proceeding under this sub-section when the Court assesses the compensation it shall give a judgment for the amount of the compensation it has assessed less the amount of such deduction for costs. (4) All proceedings for the recovery under this Chapter of compensation for any injury shall be taken by action in the Supreme Court. (5) Nothing in this Chapter shall affect any proceedings for a fine under the enactments relating to mines, factories or workshops, or the application of any such fine. 2. (1) Proceedings for the recovery under this Chapter of compensation for any injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured, and unless the claim for compensation with respect to such acident has been made within six months from the occurrence of the accident causing the injury, or, in the case of death, within six months from the time of death and with Provided always that (a) The want of notice or any defect in or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were given and the hearing postponed, be prejudiced in his defence by the want, defect, or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from the Colony, or other reasonable cause. (2) Notice in respect of any 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 the accident happened, and shall be served on the employer, or, if there is more than one employer, upon one of such employers. (3) The notice may be served by delivering the same at, or sending it by post in a registered letter addressed to the residence or place of business of the person on whom it is to be served. (4) When the employer is a body of persons, corporate or unincorporate, the notice may also be served by delivering the same at, or by the sending it by post in a registered letter addressed to the employer at the office, or, if there be more than one office, at any one of the offices of such body. 3. (1) If the Government Engineer, after taking steps to ascertain the views of the employer and workmen, certifies that any scheme of compensation, benefit or insurance for the workmen of an employer in any employment, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favorable to the workmen and their dependents than the corresponding scales contained in this Chapter, and that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equivalent to those contributions, in addition to the benefits to which workmen would have been entitled under this Chapter, and that a majority (to be ascertained by ballot) of the workmen to whom the scheme may, whilst the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this Chapter, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Chapter shall apply notwithstanding any contract to the contrary made after the commencement of this Chapter. (2) The Government Engineer may give a certificate, to expire at the end of a limited period of not less than five years, and may from time to time renew, with or without modifications, such a certificate to expire at the end of the period for which it is renewed. (3) No scheme shall be so certified which contains an obligation upon the workmen to join the scheme as a condition of their hiring, or which does not contain provisions enabling a workman to withdraw from the scheme. (4) If complaint is made to the Government Engineer by or on behalf of the workmen of any employer that the benefits conferred by any scheme no longer conform to the conditions stated in sub-section 1 of this section, or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the engineer shall examine into the complaint, and if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate. (5) When a certificate is revoked or expires, any moneys or securities held for the purpose of the scheme shall, after provision has been made to discharge the liabilities already accrued, be distributed as may be arranged between the employer and workmen, or as may be determined by the Government Engineer in the event of a difference of opinion. (6) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all such enquiries and to furnish all such accounts in regard to the scheme as may be made or required by the Government Engineer. (7) The Government Engineer shall make regulations for the pur |