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minute, and shall be held to be the process. If there be no recorded memorandum and no original process the minute may itself be held to be the process. Such minute shall be intimated to the other party or parties interested, and thereafter be disposed of summarily, as if it were an application for settlement by arbitration under the Act. In all the cases referred to in this clause an entry shewing how the application is disposed of shall be made by the sheriff-clerk in the special register kept for the purposes of the Acts.
10. Expenses. The costs of and incident to all proceedings under the Acts shall not exceed the limits prescribed by the Act of Sederunt, and the regulations and tables of fees therein contained shall, so far as applicable, be held to apply to such proceedings. It shall be competent to an arbitrator agreed on by the parties to direct payment to his clerk of such remuneration as may be allowed by the auditor of the Sheriff Court of the district, but not exceeding a fee of £1 for each day of the trial, a fee of 5s. for each other necessary meeting with the parties, and a fee of 2s. for each necessary letter, besides outlays and copying charges.
11. Memorandum.—(1) The memorandum as to any matter decided by a committee, or by an arbitrator other than a Sheriff, or by agreement, which is by paragraph 9 of the Second Schedule to the principal Act as amended or by section 21 of the Act of 1923, required to be sent to the sheriff-clerk, shall be as nearly as may be in terms of Form I. in the Appendix hereto, and such memorandum shall also disclose the amount if any paid or payable under or in respect of the agreement to the solicitor of the workman or his dependants as costs. The sheriff-clerk shall forthwith send a copy (for which, unless it is supplied to him along with the memorandum, he shall be allowed to charge at the rate of 1s. per sheet) to the party or parties interested (other than the party from whom he received it) in a registered letter containing a request that he may be informed within a reasonable specified time whether the memorandum and award (or agreement) set forth therein are genuine, or are objected to; and if within the specified time he receives no intimation that the genuineness is disputed, or that the recording is objected to, then he may, but not sooner than seven days after the dispatch of such letter of request, record the memorandum in the special register to be kept by him for the purpose; but if the genuineness is disputed, or the recording is objected to, he shall send a notification of the fact to the party from whom he received the memorandum, along with an intimation that the memorandum will not be recorded without a special warrant from the Sheriff.
(2) The sheriff-clerk shall consider the terms of all such memoranda of agreements and in particular the adequacy thereof, and he may require the parties thereto to furnish him either orally or in writing with such information as he may consider necessary, and may require the attendance of parties or a report as to the workman's condition from a medical referee as he shall think fit.
(3) If the sheriff-clerk refuses to record any such memorandum of agreement, he shall refer the matter to the Sheriff, who after such procedure as he may direct may order the memorandum to be recorded, or may refuse to record it, or may make such order as he may in the circumstances think just.
(4) The Sheriff may on the application of either party dispose of the question of expenses of and incidental to the application to record any such memorandum of agreement.
(5) An award by a Sheriff under the Acts or a certified copy thereof shall be forthwith recorded by the sheriff-clerk in the said register as if it were a memorandum, and written notice of such recording and of the terms of the award shall be forthwith sent by him to the parties interested.
(6) Where an award of compensation has been made by a Court under subsection (4) of section 1 of the principal Act, the certificate thereof shall be sent by the party to whom the same is given to the sheriff-clerk of a Sheriff Court having jurisdiction, and the sheriff-clerk shall forthwith record it in the said register as if it were a memorandum, and written notice of such recording and of the terms of the certificate shall be sent by him to the other party or parties interested.
12. Objections to Memorandum.-When the genuineness of a memorandum under
paragraph 9 of the Second Schedule to the principal Act as amended is disputed, or when an employer, workman or an Approved Society or Committee under the National Insurance Act, 1911, objects to the recording of such memorandum, or the sheriff-clerk refuses under subsection (d) of said paragraph to record such memorandum, the person disputing the genuineness or objecting to the recording thereof, or the sheriff-clerk, as the case may be, shall lodge a minute stating clearly all the grounds for his action, and the memorandum shall thereupon be dealt with as if it were an application to the Sheriff for settlement by arbitration of the questions raised by the minute.
13. Extract or Certified Copy of Memorandum.-Where an award, or a memorandum under paragraph 9 of the Second Schedule to the principal Act as amended, or a certificate granted by a Court under subsection (4) of section 1 of the principal Act, has been recorded in the books of any Court, and any party takes in another Court any proceedings under the Acts with reference to the subject-matter of such award, memorandum, or certificate, he shall lodge with his application an extract or certified copy of such award, memorandum, or certificate.
14. Consignation on Order of Court.-No sum of money shall be paid into Court except upon an order of Court, or under and in respect of a recorded memorandum. 15. Applications under Paragraph 15 of Schedule I. of the principal Act.--(1) An application to the Court under paragraph 15 of Schedule I. of the principal Act as amended by section 11 (1) of the Act of 1923, shall be signed by or on behalf of both or either of the parties, and shall contain a statement of the facts which render the application necessary. It shall be accompanied by a copy of the report of every medical practitioner who has examined the workman, either on behalf of the employer or on the selection of the workman, and also by a copy of the application and of all the productions made therewith.
(1A) Where the application is made only by one of the parties the Court shall forthwith appoint intimation thereof to be made to the other party, and may after hearing parties refuse to allow the reference in terms of section 11 (1) of the Act of 1923, and may in that case make such order as to the expenses of the application as he shall think fit.
(2) The sheriff-clerk shall, if the application be in order, refer the matter to one of the medical referees appointed for the county or district of a county, and shall deliver or send by registered post to such referee the reference, which shall be as nearly as possible in terms of Form IV. in the Appendix hereto, and a copy of the applications and productions.
(3) The sheriff-clerk shall also direct the workman to submit himself for examination by the medical referee, subject to and in accordance with any regulations made by the Secretary of State, and it shall be the duty of the workman on being served with such direction, which shall be as nearly as possible in terms of Form V. of the Appendix hereto, to submit himself for examination accordingly.
(4) Before making such direction the sheriff-clerk shall inquire whether the workman is in a fit condition to travel for the purpose of examination, and if satisfied that he is in a fit condition, shall direct him to attend at such time and place as the referee may fix, and if satisfied that he is not in a fit condition to travel, shall so state in the reference.
(5) The sheriff-clerk shall deliver or send by registered post to each party a copy of the reference, and to the workman a copy of the direction to submit himself for examination.
(6) The medical referee on receipt of the reference shall fix a time and place for examination of the workman, and shall send notice thereof to the employer and workman.
(7) The medical referee shall, as soon as possible, forward his certificate on the matter to the sheriff-clerk by registered post.
(8) On the receipt of the certificate of the medical referee, the sheriff-clerk shall inform the parties by post that it has been received, and shall permit any party to inspect the same during office hours, and shall, on the application and at the cost of
either party, furnish him with a copy of the certificate or allow him to take a copy thereof.
(9) The Sheriff and sheriff-clerk shall have regard to the Regulations issued or to be issued under the Acts by the Secretary of State and the Treasury as to the duties, expenses and remuneration of medical referees.
(10) The Sheriff may if he thinks fit summon a medical referee to sit with him
(11) Where it appears that there is or will be a conflict in medical testimony, either party may apply to the Sheriff to summon a medical referee to sit with him as assessor, and the Sheriff shall grant such application provided the applicant give security for payment of the prescribed fee in terms of section 11 (3) of the Act of 1923.
(12) Payment by the applicant of the prescribed fee for which he has given security may be enforced by decree for the amount thereof, but it may be allowed to him as costs of the arbitration.
16. Procedure where Workman intends to reside Abroad.-(1) When a workman receiving a weekly payment intends to cease to reside within Great Britain, he may apply to the Court to refer to a medical referee the question whether the incapacity of the workman resulting from the injury is likely to be of a permanent nature.
(2) The application shall be made by notice in writing, according to Form VI. in the Appendix, which shall be lodged with the sheriff-clerk, and shall be accompanied by a copy of the report of any medical practitioner who has examined the workman on the selection of the workman; and a copy of the application and of such report (if any) shall be served on the employer or his solicitor ten clear days before the hearing of the application, unless the sheriff-clerk gives leave for shorter notice; and the applicant shall lodge a copy of the application and of the report (if any) for the use of the medical referee.
(3) If the workman has been examined by a medical practitioner on behalf of the employer, the employer may at or at any time before the hearing of the application furnish the workman with a copy of the report of that practitioner as to the workman's condition, and lodge a copy of the report for the use of the medical referee.
(4) The sheriff-clerk, on being satisfied, after hearing parties if he thinks it necessary, that the applicant has a bona fide intention of ceasing to reside in Great Britain, shall refer the question to a medical referee, such reference being made as far as possible in terms of Form VII. in the Appendix hereto; and if he is not so satisfied, he may refuse to do so, but in that case he shall, if so requested by the applicant, refer the matter to the Sheriff, who may make such order as he may think fit.
(5) If the question is referred by the sheriff-clerk or by order of the Sheriff to a medical referee, the sheriff-clerk shall, in or as nearly as may be in terms of Form V. of the Appendix hereto, direct the workman to submit himself for examination by the medical referee, subject to and in accordance with any regulations made by the Secretary of State; and the provisions of paragraphs 2 to 6 of section 15 hereof shall with the necessary modifications apply.
(6) The medical referee shall, as soon as possible, forward his certificate in the matter to the sheriff-clerk by registered post, specifying therein the nature of the incapacity of the workman, and whether the same is likely to be of a permanent nature, and the sheriff-clerk shall thereupon proceed in accordance with paragraph 8 of section 15 hereof.
(7) Where the medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature, the sheriff-clerk shall on application furnish the workman
(a) with a copy of the certificate of the medical referee, certified by the sheriffclerk to be a true copy; and
(b) with a copy of the award, memorandum, or certificate under which the weekly payment is payable, certified by the sheriff-clerk to be a true copy; and
(c) with a certificate of identity according to Form VIII. in the Appendix hereto; and
(d) with a notice according to Form IX. in the Appendix, annexing thereto forms of certificate and declaration according to Forms X. and XI. in the Appendix ; and shall procure from the workman a specimen of his signature, and retain the same for reference.
(8) A workman who desires to have the weekly payments payable to him remitted to him while residing out of Great Britain, shall at intervals of three months from the date to which such payments were last made, submit himself to examination by a medical practitioner in the place where he is residing, and shall produce to him the copy of the certificate of the medical referee and the certificate of identity furnished under the immediately preceding paragraph, and shall obtain from him a certificate in terms of Form X. in the Appendix that the incapacity of the workman resulting from the injury continues; and such certificate shall be verified by declaration by the medical practitioner, in the presence of the workman, before a person having authority to administer an oath.
(9) The workman shall also make a declaration of identity according to Form XI. in the Appendix, before a person having authority to administer an oath, producing to such person the copy and certificate above mentioned, and the certificate of the medical practitioner by whom he has been examined.
(10) The workman shall forward the certificate and declaration in the two last preceding paragraphs mentioned to the sheriff-clerk, with a request, according to Form XII. in the Appendix, for the transmission to him of the amount of the weekly payments due to him, specifying the place where and the manner in which the amount is to be remitted, which request shall be signed by the workman in his own handwriting.
(11) On receipt of the certificate, declaration, and request, the sheriff-clerk shall examine the same, and may, if not satisfied that the same are in order, return the same for correction.
(12) When the sheriff-clerk is satisfied that the certificate, declaration, and request are in order, he shall send to the employer a notice according to Form XIII. in the Appendix, requesting him to forward the amount due; and the employer shall thereupon forward the amount to the sheriff-clerk, who shall remit the same, less any fees payable to the sheriff-clerk and the cost of transmission, to the workman at the address and in the manner requested by him, such remittance being in all cases at the cost and risk of the workman.
17. Stated Cases on Appeal.--The following regulations shall apply to cases to be stated by a Sheriff in virtue of the provisions contained in paragraph 17 (b) of the Second Schedule to the principal Act:
(a) An application to a Sheriff to state a case on a question of law determined by him shall be made by minute lodged in the process within seven days after the Sheriff has issued his award, and such minute shall set forth the question (or questions) of law proposed as the subject-matter of the case, and shall be accompanied by such fee as may be prescribed for an application for Stated Case in the Acts of Sederunt regulating fees of Court. (b) The sheriff-clerk shall within seven days from the lodging of such minute, accompanied as aforesaid, prepare the case and submit the same in draft to the parties or their agents.
(c) (1) Should the parties or their agents fail to agree as to the terms of the case, these shall be settled by the Sheriff, provided always that, if the Sheriff on a draft case being submitted to him is of opinion that any question of law stated in it was not raised by the admissions made or the facts proved before him, or that the application for a case is frivolous, he may refuse to state or sign the case, but in that event he shall grant to the applicant a certificate specifying the cause, and bearing the date, of the refusal. (c) (2) Where on an application made by one party a draft stated case is being
settled by the Sheriff, he may, on the motion of the other party, add thereto any further or additional findings in fact, and any additional question or questions of law as he may think necessary or expedient for the due disposal of the questions at issue between the parties.
(d) The case shall be as nearly as possible in terms of Form II. in the Appendix hereto, and shall bear to be stated by the Sheriff and shall be signed by him. The Note of the Sheriff (if any) explanatory of the grounds of his award shall be appended to the case.
(e) The appellant shall within seven days, or where such seven days expire during a vacation or recess of the Court of Session, then on or before the first ensuing sederunt day thereof, after the case as settled has been delivered to him, give written notice of his intention to proceed with it, and of the Division to which he proposes to submit it, to the other party or parties interested, and shall at the same time send to each of such parties a copy of the case. He shall also within the said seven days (or as above provided) transmit the case by post to, or cause the same to be lodged with, the clerk of the Division mentioned in the foresaid notice, together with a certificate under the hand of himself or his law agent of the notice having been given to the other parties.
(f) The regulations as to the printing of appeals from the Sheriff Courts contained in Book D, Chapter iii. hereof, shall apply to cases stated under the Acts, provided always that it shall not be necessary to print any document, except the case, without a special order from the Court, and provided also that either party may move for an order on the sheriff-clerk to transmit the process.
(g) The Court shall have power when determining a case to make such order arising out of the answer (or answers) given by them to the question (or questions) put as they shall think necessary, and also to make such order as to the costs of the case as to them may seem right. They may also, before giving their determination, send back the case to the Sheriff for amendment.
(h) When a Sheriff has refused to state and sign a case, the applicant for the case may within seven days from the date of such refusal apply by a written note to one of the Divisions of the Court of Session for an order upon the other party or parties to shew cause why a case should not be stated. Such note, which may be in terms of Form III. of the Appendix hereto, shall be accompanied by the above-mentioned certificate of refusal, and shall state shortly the nature of the cause, the facts, and the question or questions of law which the applicant desires to raise, and any judge of the Division or in vacation the Lord Ordinary officiating on the Bills, may, after intimation to the other party or parties, dispose of it summarily, and his judgment upon it, as well as upon the question of costs, shall be final. If an order is pronounced requiring the Sheriff to state and sign a case, the case shall be stated as herein before provided, and these regulations shall apply to the subsequent procedure.
18. Application for Detention of a Ship.-An application for an order for the detention of a ship under section 11 of the principal Act as amended by section 20 of the Act of 1923, shall be subject to the following regulations:
(1) A person intending to apply for an order for detention shall, if the name and address of the agent in Great Britain for the owner or charterers of the ship, or of a Solicitor in Great Britain authorised to act for the owner, charterers, agent, master or consignee of the ship, are known to him, give to such agent or Solicitor by post, telegram, or otherwise such notice of the time and place at which the application for an order for detention is intended to be made as may be practicable in the circumstances of the case. (2) If a Solicitor in Great Britain represents that he is authorised to act for the owners, charterers, agent, master or consignee of the ship, and finds