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(106)
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5. — (1.) Where any employer becomes liable urider this
Act to pay compensation in respect of any aceident, and is
entitled to any sum from insurers in respect of the amount
due to a workman under such liability, then in the event of
the employer becoming bankrupt, or making a composition
or arrangement with his creditors, or if the employer is a
company of the company having commenced to be wound up,
such workman shall have a first charge upon the sum afore-
said for the amount so due, and the judge of the county
court may direct the insurers to pay such sum into the Post
Office Savings Bank in the name of the registrar of such
court, and order the same to be invested or applied in accord-
ance with the provisions of the First Schedule hereto with
reference to the investment in the Post Office Savings Bank
of any sum allotted as compensation, and those provisions
shall apply accordingly.
(2.) In the application of this section to Scotland, the
words " have a first charge upon " shall mean '* be preferenti-
ally entitled to."
6. Where the injury for which compensation is payable
under this Act was caused under circumstances creating a
legal liability in some person other than the employer to pay
damages in respect thereof, the workman may, at his option,
proceed, either at law against that person to recover
damages, or against his employer for compensation under
this Act, but not against both, and if compensation be paid
under this Act the employer shall be entitled to be indemni-
fied by the said other person.
7. — (1.) This Act thall apply only to employmeut by tlie
undertakers as herein-after defined, on or in or about a rail-
way, factory, mine, quarry, or engineering work, and to
employment by the uiidertakers as herein -after defined on in
or about any building which exceeds thirty feet in height,
and is either being constructed or repaired by means of a
scaffolding, or being demolished, or on which machinery
driven by steam, water, or other mechanical power, is being
used for the purpose of the construction, repair, or demolition
thereof.
(2.) In this Act—
"Railway" means the railway of any railway companv to
which the Regulation oi Railways Act, 1873, appliep,
and include s a light railway made under the Light
Railways Act, 1896 ; and " railway " and " railway

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