WORKMEN’S COMPENSATION ACT, 1900. 185 
the maximum above provided, and the amount of payment 
is, in default of agreement, to be settled by arbitration. 
Where any weekly payment has been continued for not 
less than six months, the liability therefor may, on the 
application by or on behalf of the employer, be redeemed 
by the payment of a lump sum, to be settled, in default of 
agreement, by arbitration, and such lump sum may be 
ordered by the arbitrator to be invested or otherwise applied 
as above mentioned. 
An employer is not, however, liable to pay compensation in 
respect of any injury which does not disable the workman for 
a period of at least two weeks from earning full wages at the 

work at which he was employed. 
If it is proved that the injury to a workman is attributable 
te the serious and wilful misconduct of that workman, any 
compensation claimed in respect of that injury will be dis- 
allowed. ) 
To meet cases of sub-contracting the new Act specially 
provides that where an employer agrees for the execution of 
any work in agriculture by or under a sub-contractor, such 
employer shall be liable to pay compensation to any work- 
man employed in the execution of the work, whether the 
workman is entitled to obtain it from the sub-contractor him- 
self or not; but, if the workman takes advantage of this 
provision, the employer so made liable is entitied to be 
indemnified by any other person who would have been Liable 
independently of this provision. Examples of such stb- 
contracting in agriculture are cases where work is done 
through a ganger, or where crops are cutfor the occupier by 
a farmer with his own men and implements. 
These enactments as to cases of sub-contracting do not 
apply where the sub-contractor’s work is merely ancillary 
or incidental to, and is no part of, or process in, the trade or 
business carried on by the person who entrusts the work to 
the sub-contractor; and in cases in which the sub-contractor 
provides and uses machinery driven by mechanical power 
for the purpose of threshing, ploughing, or other agricultural 
work, he, and he alone, is lable to pay compensation to any 
workman employed by him on such work. 
