which (as translated) stated that Messrs Mann & Co. sold the seed through the agency of Messrs Tucker & Cross, London, acting as del credere agents. Messrs Mann & Co. failed to deliver the seed, and the produce brokers sought damages in an action against them and against Messrs Tucker & Cross. The latter were, in fact, agents for Messrs Mann & Co., and had signed the contract under the word "broker.' Held that the mere description of Messrs Tucker & Cross as del credere agents, without any statement of whom they were del credere agents for, did not make them agents for the buyers, and that the action therefore failed as against them.-K.B. Div. (Bailhache J.).—15th July 1924. ACT OF SEDERUNT APPOINTING AN EXAMINER OF LAW AGENTS TO SUPPLY A WHEREAS a vacancy has occurred in the Board of Examiners of Law Agents And the Lords appoint this Act to be entered in the Books of Sederunt and to be ACT OF SEDERUNT ANENT PROCEEDINGS UNDER THe Workmen's COMPENSATION THE Lords of Council and Session, in virtue of the powers conferred by the Workmen's 1. Employment of Agent and Counsel.—A party to any arbitration under the Acts (a) By counsel; (b) By a duly qualified law agent; or (c) Where written authority from him is produced, by a member of his family, or any other person; but no fee paid to a counsel shall be allowed on taxation, unless the arbitrator has certified that the employment of counsel was proper; and no person other than a counsel (when the appointment of counsel is authorised) or a duly qualified law agent shall be entitled to have any fee or reward for appearing or acting on behalf of any party in an arbitration under the Act; provided always that an arbitrator may, in the case of a workman appearing in person, or a member of his family appearing for him, or in the case of a manager, clerk, or other servant appearing as the representative of an employer, make such allowance in respect of loss of time and travelling expenses as he shall think reasonable. An application under paragraph 9 of the First Schedule to the principal Act may in the case of neglect of children by a widow be made by the Procurator-Fiscal of the Sheriff Court or by the Parish Council. 2. Application for Arbitration.-An application for the settlement by arbitration of any claim for compensation under the Acts shall not be made unless and until some question has arisen between the parties, and such question has not been settled by agreement. The application shall state concisely the question which has arisen. 3. Parties to Arbitration.—An application for the settlement by arbitration of the amount payable as compensation under the Acts in a case where death has resulted from the accident may be made by the employer, or by the executor or other legal personal representative, if any, of the deceased workman, or by all or any of his dependants. It shall set forth the names of all the dependants (including those persons who claim to rank as dependants) so far as known to the applicant or applicants, and, where it is presented by or on behalf of some only of the enumerated dependants, the rest of them shall be called as respondents; provided always that if in the course of the proceedings it appears that there are other dependants than those who are parties thereto, the Sheriff may order the petition to be served upon the omitted dependants, and may sist procedure in order to enable him or them to appear. - 4. Court, where Parties Resident in Different Districts. Applications under the Acts, if the parties reside in different districts, shall be made to the Sheriff Court of the county or district of a county 1. In which the accident occurred; or 2. In the case of a claim by virtue of section 8 of the principal Act as amended, in which the workman was last employed in the employment to the nature of which the disease was due; or 3. If the accident occurred at sea (a) in which the ship is at the time when intimation or service of the application is made; provided that such intimation or service is made to or on the master of the ship in the same county or district of a county; or (b) in which the managing owners of the ship, or some or one of them, or the manager, may reside or have a place of business; or (c) in which the ship is registered, without prejudice to any transfer as hereinafter provided. 5. Transmission to Forum conveniens.-If a Sheriff before whom an application under the Acts is brought is of opinion that the case can be more conveniently tried and determined in any other Court in Great Britain, he may on the motion of any of the parties make an order remitting the case to such Court, and on such order being made it shall be the duty of the sheriff-clerk to transmit the application with all the relative documents to the sheriff-clerk or registrar of the Court named in the order, and to transfer to such sheriff-clerk or registrar any money invested in connection with such application in his name as sheriff-clerk, and the case shall thereafter proceed in the last-mentioned Court as if it had originated there. 6. Transmission of Money consigned in Post Office Savings Bank.-When any money ordered to be transferred from one Court to another is invested in the Post Office Savings Bank in the name of the sheriff-clerk, such money shall be transferred into the name of the sheriff-clerk or registrar of the Court to which the money is ordered to be transferred, in accordance with regulations to be made by the Postmaster-General with the consent of the Treasury; and where any money ordered to be transferred is not so invested, it shall forthwith be so invested, and shall when invested be transferred as hereinbefore directed. 7. Claim of Indemnity.-Where a claim for compensation under the Acts is made against a principal, he may, at the calling of the case, move the Sheriff for authority to serve a copy of the petition, together with a notice of the claim for indemnity, upon any person against whom he intends to claim indemnity, and such person may within the time fixed by the Sheriff lodge a notice of appearance. If he does lodge a notice of appearance, he shall thereafter be deemed to be a party to the arbitration, and the question of his liability to indemnify the principal may, if they both consent, be summarily and finally determined therein; provided always that, if he is held in that process not to be liable to indemnify the principal, he shall not be subjected in any part of the claimant's expenses. If he fail to lodge a notice of appearance, he shall not be entitled, in any subsequent proceedings against him at the instance of the principal, to dispute the validity of any award made under the petition, whether the same be made of consent or otherwise. 8. Claims under Section 8 of the Principal Act.-In any claim for compensation under section 8 of the principal Act as amended, if the employer alleges that the disease was in fact contracted while the workman was in the employment of some other employer, the Sheriff may grant authority to the employer to serve a copy of the application and of his averment as to the time and place of contracting the disease upon such other employer, and such other employer shall, upon such service, be held to be a party in the arbitration. 9. Incidental Applications.-Applications under paragraphs 7, 8, 9, 15, 16, or 17 of the First Schedule to the principal Act as amended, or paragraphs 9 (c) or 14 of the Second Schedule to the principal Act, shall be made by a minute, which shall be lodged in the original process, if any; and if there be no process, a copy of the recorded memorandum, certified by the sheriff-clerk, shall be lodged along with the 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. All minutes lodged under this section shall state the date and place of the accident, whether or not the case has previously been before any Court, and, if it has, the date of the first award of Court or of the recorded memorandum of agreement. 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 in a registered letter containing a request that he may be informed within ten days 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 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, including the name of the Approved Society or Committee referred to in subsection (4) of section 12 of the Act of 1923, 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 expenses of and incidental to the application to record any such memorandum of agreement. of (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. (7) In the case of an agreement for the payment of a lump sum the Approved Society or Committee referred to in subsection (4) of section 12 of the Act of 1923 shall be deemed to be a party interested for the purposes of this section. 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.—In all cases where money is to be paid into Court the party making the payment shall enrol the application on the Sheriff's motion roll, and where necessary or expedient the Sheriff may make an order giving such directions as to the time, conditions, or mode of making the consignation as he shall think fit. 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 examina tion 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 as assessor. (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 |