April 18, 1913.

THE COLLIERY GUARDIAN.

813

WORKMEN’S COMPENSATION.

(Specially Contributed.)

The Insurance Act and the Compensation Act.

In a case in the City of London Court (January 3)
the question arose as to whether any of the sums
payable under the Insurance Act are to be taken into
account in ascertaining a man’s wages for the purposes
of the Workmen’s Compensation Act.

Counsel said it was the first claim under the Act.
A man had to pay 4d. a week under the Act, and was
to receive a benefit of 9d. per week. He could now
make his employers liable for that 9d.

Judge Lumley said he thought it possible that the
4d. which the employer paid might have to be added to
deceased’s wages. He allowed claimants £286 10s., and
said he would not allow the other 5d. which was claimed
under the Insurance Act. The Id. had been included in
the allowance.

Can Compensation be Paid during a Period of
Imprisonment.

Roberts v. Andrew Knowles and Co.—In this case
(Salford, January 16) a question was raised whether a
workman while still incapacitated by an accident was
entitled to compensation for a period of a month’s
imprisonment which he suffered in consequence of an
assault. The claimant said he was driven to committing
the assault by the state of his health, which made him
cross and irritable.

The Judge ; It can hardly be said this was a result of
the accident, otherwise he might have a claim for moral
and intellectual damage. (Laughter.)

It was contended on the part of the employer that
workmen were only entitled to compensation for loss of
wages due to incapacity resulting from an accident.
Imprisonment would have prevented him from earning
anything, whether he was injured or not, and therefore
he was not entitled to anything for the month in
question. As the point had arisen on a number of
occasions but had previously been waived in court, the
periods involved being small, he pressed for it to be
decided this time.

The judge announced that the question of the
imprisonment was a very difficult one. He decided
against the workman on the ground that under the
Workmen’s Act compensation was intended to be a
substitution for wages, and not compensation in the
general sense. He assessed the compensation now due
as from the end of the imprisonment and during the
incapacity at 11s. 6d. a week, with costs.

Scope of Employment.

Plumb v. Cobden Flour Mills Company Limited.—In
this case (Court of Appeal, January 29) the applicant
was a sack foreman who was in charge of a particular
room in which the accident happened. His duty was
to stack the sacks. Along the top of the room there
ran a shaft on which were fastened pulleys driven by
belting and used for the various requirements of the
mill. The day before the accident happened. the
applicant had, for the first time, hoisted the bundles of
sacks to the top of the stack by throwing a rope over
the shafting, making one end of the rope fast to a
bundle, and then when the revolving shaft had hauled
the bundle to the top of the stack, removing it. On the
day of the accident, while hoisting a bundle in this way
his arm became entangled with the shaft, and he
suffered severe injuries.

The learned county court judge made an award in
favour of the applicant.

The Court of Appeal allowed the appeal. The Master
of the Rolls, in the course of his judgment, said that he
preferred to decide the case not so much on the ground
of the unreasonableness of the man’s action as on the
grounds that what he did was altogether outside the
scope of his employment. He was not employed to pile
sacks by any method that he thought fit, and there was
no justification for using a new method which would
substantially enlarge the scope of his employment.
There being no evidence that the accident did arise out
of and in the course of his employment, there was no
reason for sending the case back to the county court
judge, and the appeal must be allowed.

Miner against Medical Examination.

Major v. South Kirby Collieries.-—In this case (Court
of Appeal, January 23) the applicant, a miner in the
employment of the respondents, was injured by a fall of
the roof in the colliery in 1909, and varying weekly
payments were made by them until July 1912, when the
applicant was offered light work by the respondents,
which he tried to do but failed to perform. Applicant
then not getting any compensation, filed arbitration
proceedings on September 25 last, and on October 17
respondents’ solicitor applied for an order that the
applicant should submit himself for an examination by
a Leeds specialist. Applicant declined to submit

himself to it, and then the respondents applied to the
county court judge, who made the order now appealed
from.

At the conclusion of the argument of counsel the
Master of tlae Rolls, in giving judgment, thought that
in this case the workman was not entitled to proceed
with his application for an award until he had submitted
himself for medical examination by a specialist who
was to be employed by and paid for by the respondents.
That being so, the appeal must be dismissed, with costs.

*** We shall be pleased to answer in this column questions
relating to Workmen's Compensation and Employers'
Liability. All communications must be authenticated by the
name and address of the sender, whether for publication or
not. No notice can be taken of anonymous communications.

THE LONDOfl COAL TRACE

Thursday, April 17.

The London coal trade for the past week has been
exceptionally good, and the demand (especially for house-
hold qualities) has been well maintained, and prices, on
the whole, have steadily advanced, although no fresh issue
of price lists has taken place. The lists issued in September
last have remained in force throughout the whole of the
winter months, but in the majority of cases buyers have
been able to purchase supplies at much lower rates than
the list quotations, and the market prices have ranged
from Is. to Is. 3d. per ton below the official lists, varying
from time to time, in accordance with the state of weather
and the actual requirements of the buyer or the need of
the colliery when stocks were increasing. Now, however,
with the strong demand for shipping purposes, the collieries
are enabled to withdraw these special “hand to mouth"
quotations, and are firmly uniting to obtain the full
standard prices issued in September last. Some few have
issued a new list, but in all cases it has been upon the basis
of the old September price list, and cancelling all previous
special prices. The firm tone of the market, and the
increased volume of trade doing, points unmistakably to
the shortage of supplies within the Metropolitan area.
Public prices are unaltered, viz., 29s. for best Wallsend,
28s. for best Silkstone, and 27s. for Derby brights, the same
prices having been in force throughout the winter. In the
seaborne market the official quotation remains, viz., 21s. 6d.
for best, but still without any cargoes offering for sale.
Thirty-three vessels are reported to have arrived in the
Thames for Monday's market, and six for Wednesday.
The phenomenal demand for slacks and small nuts con-
tinues unabated, and the large number of contracts
have been entered into for forward sales. Household
nuts and bakers nuts have sold freely lately, and
fully maintain their winter prices. Hard steam coals
also are in good demand, and have in some cases advanced
in price, but on the whole, the demand for steam coal is not
so strong as for household qualities. The Belgian strike
has at present had very little effect upon the London
market. The attendance on 'Change has been very good
lately, and a large number of enquiries have been forth-
coming. The quantity available, however, for sale has
been comparatively small, and consequently a firm tone
has been exhibited. Contracts for gas coal, where received,
have all been at an advance on last year’s prices, but for
the most part they have been held back on account of the
heavy export business. Lord Durham has promised to
preside at the annual meeting of the Coal Trade Benevolent
Association, to be held in London on the 28th inst.

Market quotations (pit mouth) :

Note.—Although every care is exercised to secure
accuracy, we cannot hold ourselves responsible for these
prices, which are, further, subject to fluctuations.

	Current	Last week's
Yorkshire.	prices.	prices.
Wath Main best coal		13/	13/
Do. nuts		12/	12/
Birley cube Silkstone		11/6	U/6
Do. branch coal 		15/	15/
Do. seconds		11/	11/
Barnsley Bed Silkstone		12/6	12/6
West Riding Silkstone 		12/	12/
Kiveton Park Hazel 		1,  13/	13/
Do.	cobbles		13/	13/
Do.	nuts		12/	i  12/
Do.	hard steam		11/	i  11/
New Sharlston Wallsend 		14/	14/
Wharncliffe Silkstone coal		14/	14/
Do. Flockton Main 		13/6	13/6
Do. Athersley house coal		11/6	11/6
Newton Chambers best Silk stone		15/	15/
Do.	Grange best Silkstone	14/	14/
Do.	Hesley Silkstone 		13/	13/
Do.	Rockingham selected	13/6	13/6
Do.	Rockingham Silkstone	13/	13/
Derbyshire.		
Wingfield Manor best		12/	12/
Do.	large nuts		11/9	x^/  11/9
Do.	small nuts		9/6	9/6
Do.	kitchen coal		10/	10/
West Hallam Kilburn brights		12/	12/
Do.	do. nuts 		11/9	X4i/  11/9
Do.	London brights 		11/	11/
Do.	bright nuts		10/9	10/9
Do.	small nuts 		9/6	9/6
Manners Kilburn brights		12/	12/
Do.	do. nuts 		11/9	11/9
Shipley do. brights 		12/	12/
Do.	do. nuts 		11/9	11/9
Mapperley brights		12/	12/
Do hard steam 		11/9	11/9
Cossall Kilburn brights		12/	12/
Do. do. nuts		11/9	11/9
Tro well Moor brights		11/6	11/6
Do. do. nuts		11/	11/
Grassmoor Main coal		12/6	xl/> 12/6
Do. Tupton 		11/	11/
Do.	do. nuts		12/	12

Derbyshire— (cont).	Current prices.	Last week's prices.
Clay Cross Main coal				12/6	12/6
Do.	do. cubes 			12/	12/
Do. special Derbys		11/9	11/9
Do. house coal		11/	11/
Pilsley best blackshale 		12/6	12/6 ‘
Do. deep house coal 		10/6	10/6
Do. hard screened cobbles 		10/	10/
Hardwick best Silkstone 		12/6	12/6
Do. Cavendish brights		11/6	11/6
Do. cubes 		11/6	11/6
Notting hamshire.		
Clifton picked hards 		12/	12/
Do. small hards		H/	11/
Do. deep large steam 	;	12/	12/
Annesley best hards 		12/	12/
Do. bright cobbles 		11/3	11/3
Linby best hards		12/	12/
Do. bright cobbles		11/3	11/3
Digby London brights 		12/	12/
Do. cobbles 		12/	12/
Do. top hards 		13/	13/
Do. High Hazel coal		14/	14/
Best wood hard steam coal		12/	12/
Do. bright cobbles 				11/3	11/3
Hucknall Torkard main hards		12/3	12/3
Do.	do. cobbles 		11/3	11/3
Do.	do. nuts		11/	11/
Do.	do. High Hazel H P. ...	14/9	14/9
Do.	do. London brights		12/3	12/3
Do.	do. large nuts 		12/3	12/3
Do.	do. bright nuts		11/3	11/3
Sherwood H.P. hards				12/	12/
Do. hard steam		10/6	10/6
Do. brights 				11/3	11/3
Do. cobbles 		11/3	11/3
Do. large nuts 		11/9	11/9
Warwickshire.		
Griff large steam coal		10/9	10/9
Do. screened cobbles 		11/	11/
Do. bakers' nuts 		11/	11/
Do. loco Two Yard hards 		13/6	13/6
Do. Ryder nuts		11/6	11/6
Do. do. cobbles 		12/6	12/6
Nuneaton steam coal		10/9	10/9
Do. screened cobbles 		11/	11/
Do. nuts	|		11/	11/
Haunchwood steam 		10/9	10/9
Do.	screened cobbles		11/	11/
Do. ' nuts 		11/	11/
Wyken steam coal 		10/9	10/9
Do. screened cobbles 		11/	11/
Do. nuts	,		11/	1'/
Exhall Ell coal spires		12/6	12/6
Do. large steam coal		10/9	10/9
Leicestershire.		
Snibston steam		10/6	10/6
Do. cobbles		10/3	10/3
Do. nuts 		10/6	10/6
South Leicester steam 		1°/	10/
Do.	cobbles or small hard*	10/6	10/6
Do.	nuts 		10/6	10/6
Whitwick steam		10/6	10/6
Do. roasters 		10/6	10/6
Do. cobbles 		10/6	10/6
Do. nuts		10/6	10/6
Netherseal hards 		17/	17/
Do.	Eureka		12/6	12/6
Do.	kitchen		10/6	10/6
Ibstock kibbles 		10/	10/
Do. large nuts 		10/	10/
Do. bakers' nuts 		9/6	9/6
Do. Main nuts		10/	10/
Do. hards 		9/6	9/6
Granville New Pit cobbles		11/6	11/6
Do. Old Pit cobbles 		10/6	10/6
North Staffordshire.		
Talk-o'-th'-Hill best 		13/6	13/6
Sneyd best, selected 		14/6	14/6
Do. deeps		14/	14/
Silverdale best		15/	15/
Do. cobbles 		1  14/	14/
Apedale best 		13/6	13/6
Do. seconds		13/	13/
Podmore Hall best		13/6	13/6
Do. seconds		13/	13/
South Staffordshire (Cannock District).		
Walsall Wood steam coal, Londoi		
brights		13/	13/
Do.	shallow one way		12/	I.  12/
Do.	deep nuts		11/6	11/6
Cannock steam		11/	11/
Coppice deep coal 		13/	13/
Do. cobbles 		xo/  12/	12/
Do. one way		12/	12/
Do. shallow coal 		x^/ 12/	12/
Cannock Chase deep main		17/	■LX7  17/
Do.	Deep kitchen cobbles ..	12/	12/
Do.	best shallow main 		14/	14/
Do.	shallow kibbles 		13/6	13/6
Do.	best brights		13/	13/
Do.	yard cobbles		13/6	13/6
Do.	yard nuts 		12/6	12/6
Do.	bakers' nuts		10/3	10/3
Do.	screened hard*		11/	11/

From Me»n. Dinham, Fave ns and Oo.'a Report.

Friday, April 11.—There was a fair enquiry for seaborne
house coal at to-day’s market, but no Durham or Yorkshire
being on offer. Cargoes 24.

Monday, April 14.—The continuance of cold weather
caused a fair enquiry for seaborne house coal at to-day’s
market, but no Durham or Yorkshire cargoes available.
Cargoes 33.

Wednesday, April 16.—The seaborne house coal market
was quiet to-day, with no ready cargoes of either Durham
or Yorkshire on offer. Cargoes 6.

The directors of the New Hucknall Colliery Company
Limited have declared an interim dividend of 2| per cent,
free of tax.