39 & 40 Vict. c. 70.

medical practitioners for the purpose of this act, and any committee, arbitrator, or judge may, subject to regulations made by the Secretary of State and the Treasury, appoint any such practitioner to report on any matter which seems material to any question arising in the arbitration; and the expense of any such medical practitioner shall, subject to treasury regulations, be paid out of moneys to be provided by Parliament.

(14) In the application of this schedule to Scotland—

(a) "Sheriff" shall be substituted for "county court judge," "sheriff court" for "county court," "action" for 'plaint," "sheriff clerk" for "registrar of the county court," and "act of sederunt" for "rules of court:"

(b) Any award or agreement as to compensation under this act may be competently recorded for execution in the books of council and session or sheriff court books, and shall be enforceable in like manner as a recorded decree arbitral :

(c) Any application to the sheriff as arbitrator shall be heard, tried, and determined summarily in the manner provided by the fifty-second section of the Sheriff Courts (Scotland) Act, 1876, save only that parties may be represented by any person authorized in writing to appear for them and subject to the declaration that it shall be competent to either party within the time and in accordance with the conditions prescribed by act of sederunt to require the sheriff to state a case on any question of law determined by him, and his decision thereon in such case may by submitted to either division of the Court of Session, who may hear and determine the same finally, and remit to the sheriff with instruction as to the judgment to be pronounced.

(15) Paragraphs four and seven of this schedule shall not apply to Scotland.

(16) In the application of this schedule to Ireland the expression "county court judge" shall include the recorder of any city or town.

WORKMEN'S COMPENSATION ACT OF FRANCE.

Among the acts of other countries which this department has secured to guide in the revision of the labor laws of this State is the act now in force in France. This act is long and minute in detail, and covers all phases of the question. It is so much in detail that it would not be at all suitable for enactment by this State, but it contains so many provisions that are new upon this subject that it is deemed of such interest as to justify its publication in full. It is probably the most minute and detailed provision for the compensation of employes, or their families in case of their death, heretofore enacted by any government. Its pension provision will be found to be novel, and its provision with relation to foreign workmen, who may become victims of accidents, is of interest. Special provisions are made in this law for notice, in cases of injury, to some mayor or magistrate, and in case of serious injury, which may probably result in death, provision is made for the taking of testimony concerning the circumstances, the character of the injury, the persons entitled to indemnity, &c., at once.

It contains five chapters and is as follows:

CHAPTER I.

COMPENSATION IN CASE OF ACCIDENTS.

Article 1. Accidents, directly or indirectly because of their work, occurring to workmen and employes engaged at the building trade, in mills, factories, workyards, in transportation by land and water, in the operations of loading and unloading, in work at public storehouses, mines, furnaces, quarries; and further, in any enterprise, or subdivision thereof, where explosive boilers are manufactured or used, or in which a machine is employed, operated other than by human or animal power, shall give the person affected, or his representa

tives, the right to claim an indemnity at the hands of the employer, provided the period of interruption of work exceeds four days.

Workmen who ordinarily work alone cannot be made liable under this law by the accidental working with them of one or more of their comrades.

Article 2. Workmen and employes mentioned in the preceding article, in case of accidents occurring while at their work, cannot have recourse to any other assistance except that provided by the present law.

Those whose annual wages exceed two thousand four hundred francs (2,400 fr.) are entitled to the benefit of these provisions only up to that sum. For the amount in excess they shall have claim to but one-quarter of the pensions and indemnities enumerated in Article 3, except in case of special agreement as to the figure representing this share.

Article 3. In the cases considered in Article 1, the workman or employe shall be entitled:

For absolute and permanent disability, to a pension equal to twothirds of his annual wages.

For partial and permanent disability, to a pension equal to onehalf the reduction in wages ascribed to the accident.

For temporary disability, after the incapacity for labor has lasted for four days and beginning with the fifth day, a daily benefit equal to one-half the wages paid at the time of the accident.

Where the accident results in death, a pension is paid to the parties hereinafter named, beginning with the time of death and under the following conditions :

(a) A life annuity equal to twenty per cent. of the annual wages of the victim to the surviving wife or husband, provided there is neither a divorce nor separation, and that the marriage was consummated prior to the accident.

In case of remarriage, the survivor's right to this pension ceases, and there shall then be allowed her or him a full indemnity, an amount equal to three times this yearly pension.

(b) For children, legitimate or natural, acknowledged before the accident, having but one parent and aged less than sixteen years, a yearly pension based upon the annual wages of the victim, the rate being fifteen per cent. if there be but one child, twenty-five per cent. if

there be two, thirty-five per cent. if three, and forty per cent. if four or a greater number.

Where these children are left without father or mother the amount of the pension shall in each case be twenty per cent. of the annual

wages.

The total amount of these pensions, in the first case here mentioned, shall not exceed forty per cent. of the yearly wages, nor sixty per cent. in the second.

(c) If the victim has neither surviving wife, husband, nor child, as contemplated under paragraphs a and b, each ascendant or descendant dependent upon him or her for support shall receive an annuity for life in the case of the ascendants, and a pension, payable until the age of sixteen years is reached, in the case of the descendants. This annual allowance shall be equal to ten per cent. of the yearly wages of the victim, excepting, however, that the sum total of these allowances shall not exceed thirty per cent.

Each of the yearly pensions provided under paragraph e is reduced proportionately wherever occasion demands such action.

The claims established under the present law are payable quarterly and are both non-transferable and unattachable.

Foreign workmen, who become victims of accidents and leave French territory, shall receive in full liquidation an amount equal to three times their annual allowance.

The heirs or family of a foreign workman shall receive no indemnity if at the time of the accident they were not living on French territory.

Article 4. The employer shall further be required to meet the expense for doctor, medicine and funeral, which is estimated not to exceed a maximum of one hundred francs.

As to this expense for doctor and medicine, where the victim has himself selected a doctor, the employer can be held only up to the sum fixed by the justice of the peace of the district, according to the schedule adopted in each department for gratuitous medical service.

Article 5. During the first thirty, sixty or ninety days following an accident, employers can relieve themselves of the obligation of paying to its victims the costs of illness and the temporary indemnity, or a portion of this indemnity as hereinafter provided, if they can show:

First-That they have organized their workmen into mutual aid societies and arranged to contribute a certain proportion of the dues, as determined by mutual agreement and in accord with a model constitution approved by the proper minister of the Government, this contribution, however, never to be less than one-third the amount of dues.

Second-That these societies, in case of accident, guarantee their members doctor's attendance, medicine and a daily benefit for a period of thirty, sixty or ninety days.

If the daily benefit paid by the society is less than half the amount earned per day by the victim, the employer shall be required to make up the difference.

Article 6. Employers at mines, furnaces and quarries can provide relief against the expenses and indemnities mentioned in the preceding article by means of an annual subsidy paid to the banks or aid societies organized in these industries under the law of Juze 29th, 1894.

The amount and the conditions of this subsidy must be acceptable to the society and have the approval of the Minister of Public Works.

These two regulations will also apply to all other employers who have established special relief funds for the benefit of their workmen in conformity with chapter III. of the law of June 29th, 1894. The indorsement noted further above will be given wherever required by the Minister of Commerce and Industry.

Article 7. Independently of action under the present law, the victim or his representatives have reserved to themselves the right to institute suits under common-law regulations for compensation for the injury done against those other than the employer, his workmen and foremen, who may be responsible for the accident.

The indemnity thus granted shall correspondingly relieve the employer from the obligations charged upon him.

This action against liable third parties may even be taken, at their risk and peril, by the employer, in the name and place of the victim and his legal representatives, should these neglect to avail themselves of that privilege.

Article 8. The wages to serve as a basis for fixing the indemnity to be paid to a workman less than sixteen years of age or an apprentice who has become the victim of an accident, shall not be less than