Power of the Court to submit questions of Law.
Appeals.
Liability in case of workinen employed
by con- Lractors.
ES
if the Court had by the District Courts Ordinance been empower- ed to determine all claims for compensation under this Ordinance whatever the amount involved and the law, rules and practice relating to such civil actions and to the enforcement of judgments and orders of the Court shall mutatis mutandis apply.
21. (1) The Court may, if it thinks fit, submit any question of law for the decision of the Full Court.
(2) Such submission shall be in the form of a special case in accordance with rules made under this Ordinance.
22. (1) Subject to the provisions of this section and of section 12, an appeal shall lie to the Full Court from any order of the Court.
(a) Except with the leave of the Court or of the Full Court (which shall not be granted unless in the opinion of the Full Court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispule is less than one thousand dollars.
(3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the Court, or in which the order of the Court gives effect to an agreement come to by the parties,
(4) No appeal shall lie after the expiration of thirty days from the date of the order of the Court:
Provided that the Full Court may, if it thinks fit, extend the time within which to appeal under this section notwithstanding that that time has elapsed.
23. (r) Where any person (in this section referred to as "the principal"), in the course of or for the purposes of his trade or business, contracts with any other person (which other person is in this section referred to as "the contractor"') for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of the work any compensation under this Ordinance which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then, in the application of this Ordinance, references to the principal shall be substituted for references to the employer, except that the amount of compensa- tion shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed.
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(2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman independently of this section.
(3) Where a claim or application for compensation is made under this section against a principal, the principal shall give notice thereof to the contractor who shall thereupon be entitled to intervene in any application made against the principal.
(4) Nothing in this section shall be construed as preventing a workman recovering compensation under this Ordinance from the contractor instead of the principal.
(5) This section shall not apply in any case where the accident tccurred elsewhere than on, or in, or about premises on which the principal has undertaken to execute the work or which are other- wise under his control or management.
24. Where the injury in respect of which compensation is Remedios payable under the provisions of this Ordinance, was caused under against circumstances creating a legal liability in some person other than employer the employer to pay damages in respect thereof-
(a) the workman may take proceedings bath against that person to recover daniages and against any person liable to pay compensation under the provisions of this Ordin- ance for such compensation, but shall not be entitled to recover both damages and compensation; and
(b) if the workman has recovered compensation under the provisions of this Ordinance, the person by whom the compensation was paid, and any person who has been called on to pay an indemity under section 23 relating to liability in case of workmen employed by contractors, shall be entitled to be indemnified as regards the amount of compensation, including costs, by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be sealed by civil action.
•
both
and stranger.
25. (1) When the injury was caused by the personal negii- Remedies gence or wilful act of the employer or of some person for whose Indepen-
dently of act or default the employer is responsible, nothing in this Ordin- Ordinance ance shall affect any civil Hability of the employer, but in that case against
employer. the workman may, at his option, either claim compensation under this Ordinance or take proceedings independently of this Ordin- 15 16
Geo. B. ance; but the employer shall not be liable to pay compensation for c. 84, s. 29, injury to a workman by accident arising out of and in the course