Towns > Dalkeith > 1899, 1902 - Carment's directory for Dalkeith and district and year book > 1899
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of compensation under this Act, the question, if not settled
by agreement, shall subject to the provisioDS of the First
Schedule to this Act, be settled by arbitration, in accord-
ance with the Second Schedule to this Act.
(4.) If, within the time herein- after in this Act limited for
taking proceedings, an ^ictiorl is brought to recover damages
independently of this Act for injury caused by any accident,
and it is determined in such action that the injury is one for
whicli the employer is not liable in such action, but that he
would have been liable to pay compensation under the pro-
visions of this Act, the action shall be dismissed; but the
court in which the action is tried shall, if the plaintiff shall
so choose, proceed to assess such compensation, and shall be
at liberty to deduct from such compensation all the costs
which, in its judgment, have been caused by the plaintiff
bringing the action instead of proceeding under this Act.
In any proceedings under this subsection, when the court
assesses the compensation it shall give a certificate of the
compensation it has awarded and the directions it has given
as to the deduction for co^its, and such certificate shall have
the force and effect of an award under this Act.
(5.) Nothing in this Act shall affect any proceeding for
a fine under the enactments relating to mines, or factories, or
the application of any such fine, but if any such fine or any
part thereof, has been applied for the benefit of the person
Injured, the amount so applied shall be taken into account in
estimating the compensation under this Act
2. — (1.) Proceedings for the recovery under this Act of com-
pensation for an 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 voluntar-
ily left the employment in which he was injured, and unless
the claim for compensation with respect to such accident
has been made 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 is found
in the proceedings for settling the claim th it the employer is
not prejud'ced in his defence by the want, defect, or inaccuracy
or that such want, defect, or inaccuracy was occasioned by
mistake or other reasonable cause.
of compensation under this Act, the question, if not settled
by agreement, shall subject to the provisioDS of the First
Schedule to this Act, be settled by arbitration, in accord-
ance with the Second Schedule to this Act.
(4.) If, within the time herein- after in this Act limited for
taking proceedings, an ^ictiorl is brought to recover damages
independently of this Act for injury caused by any accident,
and it is determined in such action that the injury is one for
whicli the employer is not liable in such action, but that he
would have been liable to pay compensation under the pro-
visions of this Act, the action shall be dismissed; but the
court in which the action is tried shall, if the plaintiff shall
so choose, proceed to assess such compensation, and shall be
at liberty to deduct from such compensation all the costs
which, in its judgment, have been caused by the plaintiff
bringing the action instead of proceeding under this Act.
In any proceedings under this subsection, when the court
assesses the compensation it shall give a certificate of the
compensation it has awarded and the directions it has given
as to the deduction for co^its, and such certificate shall have
the force and effect of an award under this Act.
(5.) Nothing in this Act shall affect any proceeding for
a fine under the enactments relating to mines, or factories, or
the application of any such fine, but if any such fine or any
part thereof, has been applied for the benefit of the person
Injured, the amount so applied shall be taken into account in
estimating the compensation under this Act
2. — (1.) Proceedings for the recovery under this Act of com-
pensation for an 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 voluntar-
ily left the employment in which he was injured, and unless
the claim for compensation with respect to such accident
has been made 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 is found
in the proceedings for settling the claim th it the employer is
not prejud'ced in his defence by the want, defect, or inaccuracy
or that such want, defect, or inaccuracy was occasioned by
mistake or other reasonable cause.
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| Scottish Post Office Directories > Towns > Dalkeith > Carment's directory for Dalkeith and district and year book > 1899 > (103) |
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| Permanent URL | https://digital.nls.uk/86550872 |
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| Description | Cover title: Carment's directory for Dalkeith and district and year book for 1899. |
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| Attribution and copyright: |
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More information
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| Description | Annual. Published 1899-1902. Preceded by: Carment's ... directory for Dalkeith and district. |
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| Shelfmark | 5.1429 |
| Additional NLS resources: |
| Description | Directories of individual Scottish towns and their suburbs. |
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| Description | Around 700 Scottish directories published annually by the Post Office or private publishers between 1773 and 1911. Most of Scotland covered, with a focus on Edinburgh, Glasgow, Dundee and Aberdeen. Most volumes include a general directory (A-Z by surname), street directory (A-Z by street) and trade directory (A-Z by trade). |
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