« PreviousContinue »
make future settlements.
private room : Provided also, that any such bank, corporation, company, public body, or society as aforesaid, shall, in the matter of any such application for the purposes of costs or otherwise, be treated as a stakeholder only.
18. A married woman who is an executrix or administratrix as an executrix alone or jointly with any other person or persons of the estate
of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any such annuity or deposit as aforesaid, or any sum forming part of the public stocks or funds or of any other stocks or funds transferable as aforesaid, or any share, stock, debenture, debenture stock, or other benefit, right, claim, or other interest of or in any such corporation, company, public body, or society in that character, without her husband,
as if she were a feme sole. Saving of exist- 19. Nothing in this Act contained shall interfere with or ing settlements, and the power to
any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere with or render inoperative any restriction against anticipation at present attached or to be hereafter attached to the enjoyment of any property or income by a woman under any settlement, agreement for a settlement, will, or other instrument; but no restriction against anticipation contained in any settlement or agreement for a settlement of a woman's own property to be made or entered into by herself shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of such woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors. (a)
20. Where in England the husband of any woman having to be liable to the separate property becomes chargeable to any union or parish, the
for maintenance of justices having jurisdiction in such union or parish may, in petty
sessions assembled, upon application of the guardians of the poor, issue a summons against the wife, and make and enforce such order against her for the maintenance of her husband out of such separate property as by the thirty-third section of the Poor Law Amendment Act, 1868, they may now make and enforce against a husband for the maintenance of his wife if she becomes chargeable to any union or parish. Where in Ireland relief is given under the provisions of the Acts relating to the relief of the destitute poor to the husband of any woman having separate property, the cost price of such relief is hereby declared
her husband 31 & 32 Vict. c. 122.
(a) The effect of sect. 19 is to leave settlements absolutely untouched by the Act at all as regards property, which, if the Act had not been passed, would bave been affected by them : (Re Stonor's Trusts, 48 L. T. 963.)
to be liable to the
34 Vict. c. 93 and
to be a loan from the guardians of the union in which the same shall be given, and shall be recoverable from such woman as if she were a feme sole by the same actions and proceedings as money lent.
21. A married woman having separate property shall be subject Married woman to all such liability for the maintenance of her children and parish for the grandchildren as the husband is now by law subject to for the maintenance of maintenance of her children and grandchildren : Provided always, that nothing in this Act shall relieve her husband from any liability imposed upon him by law to maintain her children or grandchildren.
22. The Married Women's Property Act, 1870 (a), and the Repeal of 33 & Married Women's Property Act, 1870, Amendment Act, 1874, are 37 & 38 Vict. c. 50. hereby repealed : Provided that such repeal shall not affect any act done or right acquired while either of such Acts was in force, or any right or liability of any husband or wife, married before the commencement of this Act to sue or be sued under the provisions of the said repealed Acts or either of them, for or in respect of any debt, contract, wrong, or other matter or thing whatsoever, for or in respect of which any such right or liability shall have accrued to or against such husband or wife before the commencement of this Act.
23. For the purposes of this Act the legal personal repre- Legal represensentative of any married woman shall in respect of her separate estate have the same rights and liabilities and be subject to the same jurisdiction as she would be if she were living.
24. The word “contract in this Act shall include the Interpretation of acceptance of any trust, or of the office of executrix or adminis- terms. tratrix, and the provisions of this Act as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration. The word “ property ” in this Act includes a thing in action.
25. The date of the commencement of this Act shall be the Commencement. 1st January, 1883.
tative of married woman.
MASTER AND SERVANT.
33 & 34 · Vict, C. 30.
of the wages of any servant (a), labourer, or workman, shall be made by the judge of any court of record or inferior court.
Amendment of law.
The Employers' Liability Act, 1880.
43 & 44 Vict. 0. 42. (6) 1. Where, after the commencement of this Act, personal injury is caused to a workman (1.) By reason of any defect in the condition of the ways (c),
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 while in the exercise of such superintendence ;
(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, points, locomotive engine, or train upon a
railway, (d) the workman, or in case the injury results in death, the legal
(a) A secretary in receipt of 2001. per annum is not a “servant” within this Act: (Roberts v. Death, 46 L. T. 246; 8 Q. B. Div. 319.)
( ) The fact of a workman contracting himself out of the Act bars an action under Lord Campbell's Act, 9 & 10 Vict. c. 93 (see p. 111), in case he is accidentally killed through the negligence of a fellow workman “intrusted with superintendence " within the meaning of this Act :(Griffiths v. Earl of Dudley, 47 L. T. 10.)
(c) This must be some defect or alteration in the permanent condition of the way itself; and obstacles lying on the way which do not in any degree alter the fitness for the purpose for which it is generally employed, and cannot be said to be incorporated with it, do not make it defective within the meaning of this section : (McGiffin v. Palmer's Shipbuilding and Iron Company Limited, 47 L. T. 346.)
(d) The word “railway” in this sub-section is used in its ordinary and popular meaning. A temporary line or tramway laid down by a contractor is a railway" within it: (Doughty v. Firbank, 48 L. T. 530.) A steam crane is not "a locomotive engine upon a railway” within the Act: (Murphy v. Wilson, 48 L. T. 788.)
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 Act to any Exceptions to right of compensation or remedy against the employer in any former of the following cases; that is to say, (1.) Under sub-section 1 of section 1, unless the defect
therein mentioned arose from, or had not been dis-
resulted from some impropriety or defect in the rules,
or defective rule or bye-law.
negligence which caused his injury, and failed within a
of the said defect or negligence. 3. The amount of compensation recoverable under this Act Limit of sum shall not exceed such sum as may be found equivalent to the recoverable 2.8.
compensation 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. An action for the recovery under this Act of compensation Limit of time for for an injury shall not be maintainable unless notice (a) that perceel snor com
pensation. injury has been sustained is given within six weeks, and the action is commenced within six months from the occurrence of the
(a) The notice must be in writing, giving in writing all the particulars required by the statute, and must be contained either in one document or in documents connected together by express reference. Per Lord Coleridge : The notice must be contained in one document: (Keen v. Milwall Dock Company, 46 L. T. 472; 8 Q. B. Div. 482 ; 51 L. J. 277, Q. B.)
Trial of actions.
accident causing the injury, or, in case of death, within twelve months from the time of death ; Provided always, 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. Money payable
5. There shall be deducted from any compensation awarded under penalty to to any workman, or representatives of a workman, or persons from compensa claiming by, under, or through a workman, in respect of any
cause of action arising under this Act, any penalty, or part of a penalty, which may have been paid in pursuance of any other Act of Parliament to such workman, representatives, or persons, in respect of the same cause of action; and, when 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 part of a penalty, under any other Act of Parliament 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 of Parliament in respect of the same cause of action.
6. (1.) Every action for recovery of compensation under this Act shall be brought in a County Court, but may, upon the application of either plaintiff or defendant, be removed into a Superior Court in like manner and upon the same conditions as an action commenced in a County Court may by law be removed.
(2.) Upon the trial of any such action in a County Court before the judge without a jury, one or more assessors may be appointed for the purpose of ascertaining the amount of compensation.
(3.) For the purpose of regulating the conditions and mode of appointment and remuneration of such assessors, and all matters of procedure relating to their duties, and also for the purpose of consolidating any actions under this Act in a County Court, and otherwise preventing multiplicity of such actions, rules and regulations may be made, varied, and repealed from time to time in the same manner as rules and regulations for regulating
the practice and procedure in other actions in County Courts. Mode of serving 7. Notice in respect of an injury under this Act shall give the notice of injury.
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.
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.
The notice may also be served by post, by a registered letter