H

[20th April, 1891.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1. On the passage of the "Constitution Amendment Act, 1891," the Registers of voters Registers of Voters for the Victoria City Electoral District and for the in certain districts Victoria Electoral District and the Esquimalt Electoral District, as existing before the passage of the said Act, shall be closed, and the officers acting as Collectors of Voters in the respective Electoral Districts aforesaid shall continue to act as if appointed for the districts as defined by the "Constitution Amendment Act, 1891," and the said respective Registers of Voters, subject to the provisions and changes of the following sections, shall continue to be the Registers of Voters for the said Victoria City Electoral District, Victoria Electoral District, and Esquimalt Electoral District, as defined by the said "Constitution Amendment Act, 1891."

2. The respective Collectors of Voters for the Victoria City Electoral A list to be made District and the Victoria Electoral District shall forthwith, upon the voters of certain registered in Victoria passage of this Act, make or cause to be made a list of those persons who Electoral District. are registered, or who may have sent in their claims to be registered, as voters of the former Victoria Electoral District, but who the said Collectors shall find ought, by reason of their residence within the Victoria City Electoral District, as defined by the "Constitution Amendment Act, 1891," to have their names placed upon the Register of Voters for the said Victoria City Electoral District, and shall publish such names for one month continuously in the British Columbia Gazette and in one newspaper published and circulating in the City of Victoria, giving therein the names and descriptions and residences of those persons they

(AMENDMENT).

Electoral District.

so find ought to be placed upon the Register of Voters for the said Victoria City Electoral District; and any person objecting to the transfer of his name from the said Victoria Electoral District Register to the Victoria City Electoral District Register, may show cause before the Collector for the Victoria City Electoral District against such transfer, and the last named Collector, if satisfied that the name of the person so objecting ought not to be removed from the Register for the Victoria Electoral District shall not transfer it but otherwise shall transfer it to the Register for Victoria City Electoral District.

A list to be made 3. The respective Collectors of Voters for the Victoria City Electoral of certain registered voters in Esquimalt District and for the Esquimalt Electoral District shall forthwith, upon the passage of this Act, make, or cause to be made, a list of those persons who are registered or who may have sent in their claims to be registered as voters of the former Esquimalt Electoral District, but who the said Collectors shall find ought, by reason of their residence within the Victoria City Electoral District, as constituted by this Act, to have their names placed upon the Register of Voters for the said Victoria City Electoral District, and shall publish such names for one month continuously in the British Columbia Gazette and in one newspaper published and circulating in the City of Victoria, giving therein the names, descriptions and residences of those persons they so find ought to be placed upon the Register of Voters for the Victoria City Electoral District; and any person objecting to the transfer of his name from the said Esquimalt Electoral District register to the Victoria City Electoral District register may show cause before the Collector for the Victoria City Electoral District against such transfer, and the last named Collector, if satisfied that the name of the person so objecting ought not to be removed from the Esquimalt Electoral District register to the Victoria City Electoral District register, shall not transfer it, but otherwise shall transfer it to the Victoria City Electoral District register.

After one

month

so changed to be en

4. After the expiration of the one month's time during which the names of such voters said publication of names shall take place, the Collector of the said tered on Register of Victoria City Electoral District shall complete his Register of Voters, City Electoral Dis- and shall, subject to the provisions of the "Provincial Voters' Act,"

Voters for Victoria

trict.

Short title.

cause the names of the persons so published, and who shall not have successfully shewn cause against the proposed change, to be transferred to the Register of Voters for the Victoria City Electoral District.

5. This Act may be cited as the "Provincial Voters' Act Amendment Act, 1891."

VICTORIA, B. C.:

Printed by RICHARD WOLFENDEN, Printer to the Queen's Most Excellent Majesty.

An Act to secure Compensation for personal injuries suffered by Workmen in certain cases.

[20th April, 1891.]

ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as

follows:

1. This Act may be known and cited as the "Employers' Liability Short title. Act, 1891."

2. Unless otherwise declared or indicated by the context, wherever Interpretation.

any of the following words or expressions occur in this Act, they shall

have the meanings hereinafter expressed, that is to say :

(1.) The expression "superintendence" shall, unless a contrary inten- "Superintendence." tion appears, be construed as meaning such general superintendence

over workmen as is exercised by a foreman, or person in like position

to a foreman, whether the person exercising superintendence is or is

not ordinarily engaged in manual labour:

(2.), The expression "employer" shall, unless a contrary intention "Employer.' appears, include a body of persons corporate or unincorporate, and

also the legal personal representatives of a deceased employer, and the

person liable to pay compensation under section 5 of this Act:

(3.) The expression "workman," does not include a domestic or menial "Workman." servant, but, save as aforesaid, means any railway servant, and any person who being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour, whether under the age of twenty-one years, or above that age, has entered into or works under a contract with an employer, whether the contract be made before or after the passing of this Act, be express or implied, oral or in writing, and be a contract of service or a contract personally to execute any work or labour:

"Railway servant."

"Packing."

Workmen entitled to compensation in following places.

Certain defects in railways to be deemed negligence.

(4.) The expression "railway servant" shall mean and include a railway servant, tramway servant, and street railway servant:

(5.) The word "packing” shall mean a packing of wood or metal, or some other equally substantial and solid material, of not less than two inches in thickness, and which, where filled in, shall extend to within two inches of the crown of the rails in use on any railway, shall be neatly fitted so as to come against the web of such rails, and shall be well and solidly fastened to the ties on which such rails are laid.

3. Where, after the commencement of this Act, personal injury is caused to a workman-

(1.) By reason of any defect in the condition or arrangement of the
ways, works, machinery, plant, buildings or premises connected
with, intended for, 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 whilst
in the exercise of such superintendence; or

(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 by-
laws of the employer, or in obedience to particular instructions
given by the employer or 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, machine, or train upon a railway, tramway,
or street railway;

the workman, or, in case the injury results in death, the legal 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.

4. Where within this Province personal injury is caused to a workman employed on or about any railway,—

(1.) By reason of the lower beams or members of the superstructure of any highway, or other overhead bridge, or any other erection or structure over said railway, not being of a sufficient height from the surface of the rails to admit of an open and clear headway of at least seven feet between the top of the highest freight cars then running on such railway, and the bottom of such lower beams or members; or

(2.) By reason of the space between the rails in any railway frog, extending from the point of such frog backward to where the heads of such rails are not less than five inches apart, not being filled in with packing; or

(3.) By reason of the space between any wing-rail and any railway frog, and between any guard-rail and any other rail fixed and used alongside thereof as aforesaid, and between all wing-rails where no other rail intervenes (save only where the space between the heads of any such wing-rail and railway frog as aforesaid, or between the heads of any such guard-rail and any other rail fixed and used alongside thereof as aforesaid, or between the heads of any such wing-rails where no other rail intervenes as aforesaid, is either less than one and three-quarters of an inch or more than five inches in width), not being at all times during every month of April, May, June, July, August, September, and October, filled in with packing;

such injury shall be deemed and taken to have been caused by reason of a defect within the meaning of sub-section (1) of section 3 of this Act. But nothing in this section contained shall be taken or construed, as in any respect, or for any purpose restricting the meaning of said sub

section.

5. (1) Where the execution of any work is being carried into effect If the person for under any contract, and

whom the work is done owns the plant he is liable in certain

(a) The person for whom the work, or any part thereof, is done, cases.

owns or supplies any ways, works, machinery, plant, buildings, or premises used for the purpose of executing the work; and (b) By reason of any defect in the condition or arrangement of such ways, works, machinery, plant, buildings or premises, personal injury is caused to any workman employed by the contractor or by any sub-contractor; and

(c) The defect or the failure to discover or remedy the defect arose from the negligence of the person for whom the work or any part thereof is done, or of some person being in his service and entrusted by him with the duty of seeing that such condition or arrangement is proper,

the person for whom the work, or that part of the work, is done shall be liable to pay compensation for the injury as if the workman had been employed by him, and for that purpose shall be deemed to be the employer of the workman within the meaning of this Act: Provided always, that any such contractor or sub-contractor shall be liable to pay compensation for the injury as if this section had not been enacted, so however that double compensation shall not be recoverable for the same injury: