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any person in the permanent and exclusive employment of the
Memorandum under Schedule II. Paragraph 8. company or corporation : : (9.). By any officer or member of any society or other body of persons of (1.) The memorandum as to any matter decided by a committee or by an
38. Memorandum to be sent to registrar. Act, Sched. 2 par. 8. Form 16.] which such party is a member or with which he is connected; or (h.) Under special circumstances, by any other person.
arbitrator or by agreement, which is by paragraph 8 of the second (2.) Conf. County Courts Act, 1888, sect. 72.] No person other than a
sche lule to the Act required to be sent to the registrar, shall be intituled in solicitor who appears or acts on behalf of any party in any arbitration the matter of the Act, and shall be left at the office of the registrar, or gent under the Act shall be entitled to have or recover any fee or reward for so
by post by registered letter addressed to the registrar at his office, as soon
as may be after the matter has been decided, appearing or acting, other than such travelling ex es and (in the case of a workman or a member of his family) allowance for time (if any) as
(2.) Where the matter is decided after a medical referee has been shall be allowed by the judge or arbitrator : provided that nothing in appointed to report on any matter under paragraph 13 of the said second these rules contained shall affect the right of counsel to appear or act in schedule, a copy of the report of such referee ehall be annexed to the any arbitration, or the right of any solicitor to recover costs in respect of memorandum and recorded therewith ; and if such referee attended any his employment of counsel to appear or act as aforesaid.
proceeding in the arbitration, it shall be so stated in the memorandum.
39. Authentication and record of memorandum of decision of committeee or Costs.
arbitrator.] If the memorandum purports to be a memorandum of a 33. Costs.] (1.) Any costs of and incident to an arbitration and the decision of a committee or an arbitrator, and to be signed by the chairman proceedings connected therewith directed by the judge or by an arbitrator and secretary of the committee, or by the arbitrator, the registrar shall (whether agreed on by the parties or appointed by the judge) to be paid record the memorandum without further proof of its genuineness; and it by one party to another shall, in default of agreement between the parties shall be the duty of the committee or abitrator, as soon as may be after as to the amount of such coets, be taxed according to such one of the scales the decision, to draw up such memorandum and to sign the same or cause of costs applicable to actions in the County Court as the judge or
it to be signed as aforesaid, and to leave or send the same as aforesaid, or arbitrator shall direct; and in default of such direction shall be taxed to deliver the same to some party interested, to be by him so left or according to the scale which would be applicable if the proceeding had sent. been an action in the County Court; and the statutory provisions and
40. Authentication and record of memorandum of decision arrived at by rules for the time being in force as to the allowance and taxation of costs agreement.] If the memorandum purports to be a memorandum of a in such actions shall apply accordingly,
decision arrived at by agreement, then if such memorandum purports to (2.) Where the subject-matter of the arbitration is not a capital sum,
be signed by or on behalf of all parties to such decision, the registrar the judge or arbitrator shall determine what, for the purpose of the shall record it without further proof. allowance and taxation of costs, shall be considered to be the amount of Form 17.3" If the memorandum purports to be signed by or on behalf of
41. Inquiry as to genuineness if such memorandum signed by one party only. the subject-matter of the arbitration. (3.) T'he judge or arbitrator, in dealing with the question of costs, may
one or some only of the parties, the registrar muy record the same; or he take into consideration any offer of compensation proved to have been may, before recording the same, send a copy thereof to the other parties made on behalf of the employer.
affected, and request them to inform him whether the memorandum is (4.) Where any workman submits himself for examination to a medical / genuine. referee under paragraph 11 of the first schedule to the Act, and the certi
42. Proceedings thereon.] If all the parties admit the genuineness of the ficate of the referee is used in any subsequent arbitration, any reasonable memorandum, or do not dispute it within a reasonable time, the registrar travelling and other expenses incurred by the workman in obtaining such shall record it without further proof. certificate (if not otherwise provided for) may, by order of the judge or
43. Notice if genuineness disputed. Forms 18, 19.] If any party disputes arbitrator, be allowed as costs in the arbitration.
the genuineness of the memorandum, the registrar shall inform the party (5.) Where a workman is ordered to submit himself for examination by by whom it was left with or sent to him of such dispute, and that the a medical referee appointed to report under paragraph 13 of the second memorandum will not be recorded except with the consent in writing of schedule to the Act, any reasonable expenses incurred by such workman the party disputing the same, or by order of the judge. in travelling to attend on such referee for examination may, by order of
44. Application io judge to order memorandum to be recorded.] If the conthe judge or arbitrator, be allowed as costs in the arbitration.
sent mentioned in the last preceding rule cannot be obtained, the party 34. Taxation of costs awarded by arbitrator agreed on by parties.] Where any by whom the memorandum was left or sent may apply to the judge to costs are awarded by an arbitrator agreed on by the parties, it shall be the order the same to be recorded. duty of the registrar of the court in which a memorandum of the decision of the arbitrator is recorded pursuant to paragraph 8 of the second
Proceedings for Record of Memorandum or Rectification of Register. schedule to the Act, on application made to him, to tax such costs, and
45. Proceedings on application for record of memorandum or rectification of to enter in the register the amount of such costs allowed on taxation; register. Form 20. (See Order XII., Rule 11a.).] The following and such entry shall be deemed to be part of such memorandum, aná provisions shall apply to an application for an order that a memorandum shall be enforceable accordingly.
be recorded, or an application to the judge to rectify the register Duty of Judge as to taking Notes.
pursuant to paragraph 8 of the second schedule of the Act.
(a.) The application shall be made in court on notice in writing, stating 35. Note to be taken, on request, of question of law raised, &c., and copy fur the relief or order which the applicant claims. nished. (Conf. County Courts Act, 1888, ss. 120, 121.)] At the hearing of (6.) Such notice shall be filed with the registrar, and copies thereof any arbitration or special case the judge, at the request of any party, shall be servedshall make a note of any question of law raised, and of the facts in
(i.) in the case of an application for an order that a memorandum evidence in relation thereto, and of his decision thereon, and of his decision
be recorded, on the party disputing such memorandum; in the arbitration or on the hearing of the case ; and he shall, at the
(ii.) in the case of an application to rectify the register, on every expense of any party to such arbitration or case, furnish a copy of the
party who would be affected by such rectification, subject to note so taken to or allow a copy of the same to be taken by or on behalf
the provisions of these Rules as to the parties to an arbitration; of such party, and shall sign such copy, whether a notice of motion by or on the solicitor of such party, ten clear days at least before the way of appeal has been served or not.
hearing of the application, unless the judge or registrar shall give Appeals.
leave for shorter notice.
(c.) On the hearing of the application, witnesses may be orally examined 36. Appeals. Act, Sched. 2, par. 4. (Order XXXII., Rule 1.)] Appeals in the same manner as on the hearing of an action. under paragraph 4 of the recond schedule to the Act shall be bad in
(d.) On the hearing of the application the judge may make such order accordance with the provisions of the Rules of the Supreme Court relating or give such directions as may be just. thereto.
(e.) The provisions of the Act and these Rules as to the costs of an 37. Deposit of order of Court of Appeal with registrar, and procedure thereon. arbitration before the judge shall apply to any such application, (Order XXXII., Rules 2, 4.)] (1.) When the Court of Appeal has given judgment on any appeal, any party may deposit the order of the Court of
Costs of Solicitor or Agent under Schedule II., Paragraph 12. Appeal, or an office copy thereof, with the registrar: and the registrar 46. Application to determine costs payable to solicitor or agent. Act, Sched. shall file such order or copy, and eball transmit a copy thereof to the 2, par. 12. Form 21). The following provisions shall apply to an applicajudge: and such order shall have the same effect as if it bad been a tion under paragraph 12 of the second schedule to the Act for the decision of the judge.
determination of the amount of costs to be paid to a solicitor or agent:(2.) If such order has the effect of an award or decision in the matter (a.) Such application may be made to the judge or arbitrator at or in favour of any party, such order shall be served and recorded, and may immediately after the hearing of the arbitration. be proceeded on, in the same manner as if it had been an award or (6.) If not so made, such application may be made at a subsequent decision of the judge.
date, but in that case it shall, if the arbitration was before the (3.) If such order be to the effect that an award be made or a decision judge or before an arbitrator appointed by him, be in every case given in favour of any party, the judge shall make euch award or give made to the judge. such decision accordingly.
(c.) The application, if made to the judge under the last preceding (4.) If such order directs or involves a re-hearing or further hearing of paragraph, shall be made in court on notice in writing in accordthe arbitration or special case, the judge shall as soon as conveniently
ance with Rule 45. may be appoint a day and bour for such re-hearing or further hearing, (d.) Such notice shall be served on the opposite party or his solicitor in and shall instruct the registrar to give notice thereof forthwith to the accordance with the said rule, and the provisions of the said rule parties.
shall apply to the proceedings on such application. (5.) Generally the judge shall make euch award or give such decision, 47. Provisions as to order declaring lien, 8c.] Where an order is made by and give such directions and take or direct to be taken such proceedings the judge or an arbitrator determining the amount of costs to be paid to in the matter, as may be necessary to give effect to the order of the Court a solicitor or agent, and declaring such solicitor or agent to be entitled to of Appeal.
a lieu for costs on any súm awarded as compensation, or to be entitled to
deduct any amount for costs from any such sum, the following provisions 53. Service of summons, and procedure thereon, (Cunf. Order XXVIa.) Forms shall apply:
28, 29.] Such summons shall be served in accordance with the provisions (a.) The registrar sball, on application made to him, tax such costs. of Rule 15, and when so served shall bind in the hands of the insurers all (b ) A copy of the order, and, when the amount to which such solicitor sums due, owing, or accruing from them to the employer in respect of the
or agent is entitled has been ascertained by taxation, a memorandum compensation which he is liuble to pay to the workman under the memoof such amount sball, at the request and cost of the solicitor or randum or award or certificate; and, subject to these Rules, the procedure agent, be issued by the registrar for service on the party liable on such summons shall be the same as if the applicant had obtained a judg. to pay the sum awarded as compensation ; and service thereof may ment or order for the payment of money against the employer, and the sum be effected on such party in accordance with Rule 15.
to which the employer is entitled from the insurers were a debt due, owing, (c.) A memorandum of such order, and when such amount has been or accruing from the insurers to the employer, and the applicant had issued
decertained a memorandum of euch amount, shall be recorded in a garnishee summons against the insurers : and the provisions of Rules 5 to the register in which the memorandum or award under which the 9 and 11 to 13 of Order XXVIA. shall, with the necessary modifications, sum awarded as compensation is payable is recorded, and such last apply to such summons and the procedure thereon. mentioned memorandum or award shall have effect subject to such 54. Provisions for notice to employer, or assignee, fc. Form 27.] It shall order and memorandum.
not be necessary in the first instance to give notice of the issue of the (d.) The party liable to pay such compensation shall on demand pay to summons to the employer or his assignee (or, in cise of bankruptcy, to the
the solicitor or agent the amount to which he is entitled, but so that official receiver or other trustee, or, in case of liquidati in of a company, to such party shall not be liable to pay any amount in excess of that the provisional or other liquidator), but the judge or registrar may at any wbich he is liable to pay for compensation, or to pay such amount time direct such notice to be given ; and thereupon the registrar shall issue by any other instalments than those by which he is liable to pay for service on the person to whom such notice is directed to be given a copy such compensation.
of the summons, together with a notice signed by the registrar himself (e.) If the party liable to pay such compensation fails on demand to pay and under the seal of the court, giving notice to such person as to the day on
avy amount which he is liable to pay to such eolicitor or agent, the which he is to attend at the court, and that if he does not attend, either in judge may, on application made to him on notice to such party in person or by his solicitor, at the place and time mentioned in the notice, such accordance with Rule 45, and on proof of the order having been order will be made and proceedings taken as the judge may think fit; and served on and demand for payment made to such party, order such such summons and notice shall be served in accordance with the provisions party to pay such sum; and in default of payment the judge may of Rule 15. order execution to issue to levy such amount.
55. Provisions as to weekly payments payable by insurers.] Wbere the (f.) Payment made by or execution levied on the party liable to pay amount which the employer is liable to pay to a workman as compensation
such compensation shall be a valid discharge to him as against the is a weekly payment, and such employer is entitled to a weekly payment of party entitled to such compensation, to the amount paid or levied. the same or any less amount from insurers in respect of such amount, the Certificate under Section 1, Sub-section 4.
judge may order the insurers to pay such weekly payment direct to the
workman. In any such case the insurers shall have the sime rights as the 48. Certificate under Act, scct. 1, sub-sect. 4. Form 22.] (1.) Where an employer with respect to the review or redemption of such weekly pay. action is brought in the County Court to recover damages independently ment. of the Act for injury caused by any accident, and the court proceeds 56. Application against two or more sels of insurers.] Where an employer under sub-section 4 of section 1 of the Act, the certificate given by the is entitled to separate sums from separate insurers in respect of the E.mount court sbali be according to the form in the Appendix.
due to a workman, all or any two or more of such insurers may be made (2.) The registrar shall, on receiving a certificate given by any other parties to one application. court under the said sub-section, record the same in like manner as if 57. (1.) Apportionment of sum payable by insurers, where more persons than such certificate were a memorandum as to a matter decided by an arbitra- one are entitled to compensation .] "Where it appears on any application under tor sent to the registrar pursuant to paragraph 8 of the second schedule to section 5 of the Act that the employer is liable to pay compensation in respect the Act.
of more accidents than one, or to more workmen than one, either under one Execution.
award or memorandum or certificate, or under two or more separate awards
or memorandums or certificates, and that such employer is entitled to any 49. Execution. Form 23. (Conf. Order XXV., Rule 7.)] (1.) When a sum from insurers in respect of the amounts due uoder such liability, but party liable to pay compensation or costs under any award, memorandum, such sum is not sufficient to satisfy the whole of the amounts due under such or certificate, has made default in payment of the amount awarded, or liability, and has not, as between the employer and the insurers, been appor: where payment is to be made by instalments, of any instalment, execution tioned between such amounts or appropriated exclusively to some only of may issue against bis goods without leave for the amount in payment of such amounts, the judge may order the insurers to pay such sum into court, wbich he has made default. (2.) Where such sum is not payable into court, the party applying for manner as the judge shall direct, apportion such sum between the several
and may, after notice given to the persons entitled to compensation in such execution sball satisfy the registrar, by affidavit or otherwise, as to the persons entitled to compensation in such manner as may be just. For the amount in payment of which default has been made.
purpose of any such apportionment, the judge inay order any weekly pay. Suspension of Proceedings or Weekly Payments on Refusal to Submit to Examina- ment to be redeemed, and may appoint any one or more proper person or tion under Paragraph 3 or Paragraph 11 of Schedule 1.
persons to represent any other persons having the same interest, and may (50.) Application to stay proceedings before or after award on refusal of
direct any necessary inquiries or accounts to be made or taken, and generally workman to submit to examination under Act. Sched. 1, par. 3 or par. 11. may give such directions and make such orders, as to costs or otherwise, as Form 24.] In any case in which an arbitration is pending, or an award may be just, has been made or a memorandum recorded or a certificate given, and the
(2) Transfer and consolidation of proceedings for this purpose.] Where the employer or any person by whom the employer is entitled to be indemni. employer is liable to pay compensation as aforesaid under two or more fied alleges that the workman who claims or has been awarded compen: the judge may for the purposes of this rule order the proceedings under such sation refuses to submit himself for examination in accordance with such examination, such employer or other person may apply to the judge recorded in different courts, the judge of the court in which the summons to paragraph 3 or paragraph 11 of the first schedule to the Act, or obstructs awards or memoracdums or certificates to be consolidated ; and where the or arbitrator to 'stay proceedings in the arbitration or to suspend the the insurers is issued may either request the judge of the other court to weekly payments awarded until such examination has taken place.
.(2. Such application shall be made in or out of court in accordance transfer the proceedings in such other court to the first-mention ed court, or with Rule 45, and the provisions of the said rule shall apply to the may himself transfer the proceedings in the first mentioned court to such
other court ; and such orders for transfer and consolidation of proceedings (a.) The notice shall be served five clear days at least before the hearing the matter in the manner most convenient to the several pereons entitled to
be made as may be just and expedient for the purpose of dealing with of the application, unless the judge or registrar shall give leave for shorter notice; and
compensation. (6.) Where the application is made after award, it ehall in every case be In any case in which the circumstances are such toat an application may be
58. Discovery in aid of application under sect. 5. Order XXV., Rule 52.] made to the judge.
made under section 5 of the Act, the provisions of Order XXV. Rule 52, as Applications against Insurers under Section 5.
to discovery in aid of execution shall apply in the same manner as if the 51. Application against insurers under sect. 5. (Conf. Order XXVIA., Rule 1.) employer were a debtor liable under a judgment or order; and such proviForm 25.) Where a workman claims to be entitled under section 5 of the sions may be resorted to either before or after an application is made. Act to a charge on any sum to which any employer is entitled from insurers such workman may, upon lodging with the registrar of the court in which
Payment and Application of Money directed to be Invested. the memorandum or award or certificate under which the employer is liable 59. Payment into court and application of money directed to be invested. Act, to pay compensation is recorded an afidavit made by the applicant or his sect. 5, and Sched, 1, pars. 6, 7, 13. (Order 1x., Rules 21, 22).) Where solicitor, setting forth the circumstances in which the applicant claims to be pursuant to paragraphs 6 and 7'or paragraph 13 of the first schedule to the entitled to such charge, enter a plaint to obtain payment of such sum, or so Act, or pursuant to section 5 of the Act, any sum is agreed or is ordered by much thereof as may be sufficient to satisfy the compensation which the a committee or an arbitrator, or by the judge, to be invested in the Post employer is liable to pay to the workman.
Office Savings Bank by the registrar in his name as registrar, 52. Summons thereon. Porm 26. (Conf. Order YXIIa., Rule 1).] There into the Post Office Savings Bank in the name of the registrar, the following upon a summons calling upon the insurers to show cause why they should provisions shall apply: not pay into court the sum to which the employer is entitled from them, or (a.) The registrar of the court in which the memorandum of the agreeso much thereof as may be sufficient to satisfy the compensation which the ment or of the order of the committee or arbitrator under which such omployer is liable to pay to the workman, shall be issued by the registrar for sum is to be invested is recorded, or, in the case of an award made by service on the insurers.
the judge or an arbitrator appointed by him, or of an order made by
or to be paid
the judge under section 5 of the Act, the registrar of the court in
(f.) A copy of every certificate under sub-section 4 of section 1 of the Act
given by the court, or sent to the registrar from any other court : award or order being recorded, receive the sum to be invested from tho party by whom the same is payable.
(9.) A memorandum of every special case submitted to the judge, and of (6.) Immediately on such sum being paid, or on payment thereof being
the proceedings and order thereon ; enforced, the registrar shall invest the same in accordance with the
(h.) A memorandum of every judgment given by the Court of Appeal on agreement, award, or order, and shall record such payment and
any appeal ; investment in the special register hereinafter mentioned.
(i.) A copy of every memorandum sent to the registrar pursuant to (c.) Any sum so paid and invested shall be paid out
paragraph 8 of the second schedule to the Act, and of the report (if
court or otherwise disposed of in accordance with the agreement, award, or order under
any) of the medical referee annexed thereto, with a note stating wbich the same is paid and invested, and, subject to the terms of such
whether such memorandum was recorded without further proof, or agreement, award, or order, in such manner as tbe judge from time to
after inquiry, or by order of the judge ; time shall direct, on application made to him in accordance with Rules
(3.) If such memorandum is recorded after inquiry, a memorandum of 21 and 22 of Order IX.
the inquiries made and of the result ther of;
(k.) If such memorandum is recorded by order of the judge, a memoProceedings in one Court as to subject-matter of Award or Memorandum randum of the application to the judge, and of the order made recorded in another Court.
thereon ; 60. Filing of certified copy of Memorandum, fc., recorded in one court under
(1.) A memorandum of the result of every taxation of costs under any Act, sched. 2, par 8, before taking subsequent proceedings in another court
such memorandum, or under any award or order; under par. 9.) Where an award, or a memorandum under paragraph 8 of the (m.) A memorandum of every application to rectify the register in second schedule to the Act, or a certificate under sub-section 4 of section 1 respect of any memorandum, and of the proceddings and order of the Act, has been recorded in any court, and any party desires to take any
thereon ; subsequent proceedings with reference to the subject-matter of such a ward,
(n.) A memorandum of every application to the judge or arbitrator, under memorandum, or certificate in any other court under paragraph 9 of the said paragraph 12 of the second schedule to the Act, to determine the schedule, he shall before taking such proceedings obtain from the registrar
amount of costs to be paid to a solicitor or agent, and of the proof the prst-mentioned court a certified copy of such award, memorandum, or
ceedings and order thereon, and of the result of any taxation under certificate, and shall file the same in the court in which he desires to take such order; procec dings, and the registrar of such last-mentioned court shall record (0.) A copy of every certified copy filed pursuant to Rule 60; The same as if it had been an award made in or a memorandum or certifioate (P.) A memorandum of every proceeding taken in the Court for the stay sent to the court.
of any proceedings or the enforcement of any award, order, Transfer of Froceedings.
memorandum, or certificate, and of the result of such proceeding ; 61. Transfer. Conf. County Courts Act, 1888, s. 85. (Order VIII., Rule
(q.) A memorandum of every application to the judge for an order against
insurers under section five of the Act, and of the proceedings under 9).) If the judge shall be satisfied by any party to any matter under the Act pending in his court that such matter can be more conveniently pro
such application, and the order made thereon ;
(r.) A memorandum of every m paid into court and invested by the ceeded with in any other court, he may order such matter to be transferred
registrar; to such other court; and thereupon the registrar shall forthwith transmit by registered post to the registrar of the court to wbich such matter is trans
(..) A memorandum of every application made to the court with reference
to any such sum, and of every order made on such application, and of ferred all original documents filed in such matter, and a certified copy of
the manner in which such sum is applied or disposed of; all records made with reference to such matter, and shall transfer to such last mentioned court any money invested in his name as registrar; and
(t.) A memorandum of every application for transfer, and of the order thenceforth such matter shall be proceeded with in the court to which it is
thereon, and the proceedings under such order; transferred in the same manner as if it had originally been commenced
(1.) The like memorandựm as to every matter transferred to the Court as
would have been recorded as to such matter if it had been originally therein. The provisions of Order VIII., Rule 9, shall apply to any such
commenced and prosecuted in the Court; transfer or application for a transfer.
(v.) A memorandum of any other matter which the judge shall order to be Filing and Service of Documents and Notices.
recorded with reference to any matter brought into or proceeding 62. (1) Where any document is to be filed with the registrar under these
taken in the Court under the Act. Rules, that document may be so filed by delivering it at the office of the
Matters, how distinguished. registrar, or by sending it by post addressed to the registrar at his office.
66. Matters, how distinguished. (2) Where any document is to be so filed, there shall be filed with the matter brought into the Court under the Act shall be intituled in the matter
(Conf. Order II., Rule 3).] Every original document as many copies of the document as there are persons to whom copies of the document or any part thereof are to be sent by the the number of the plaint (if any); and all documents filed and subsequent
of the Act, and shall be distinguished by a separate number in addition to registrar, and in addition a copy for the use of the judge or arbitrator.
(3) Where any document is under these Rules to be sent to any person by proceedings taken in the Court with reference to such matter shall be the registrar, that document may be sent by post.
intituted in like manner, and shall be distinguished by the same number; (4) Act, sect. 2, sub-secs. 2 to 5.] Any proceeding, document, or notice and the entries made in the special register with respect to each such which is under these Rules to be served on any party may be served on such matter shall be entered together, and shall be kept separate from the party by the opposite party or his solicitor; and where no special provision
entries with respect to any other matter. as to the mode of service is made by these Rules, any such proceeding, docu.
Forms. ment, or notice may be served on such party, or where he acts by a solicitor, 67. Forms in Appendix or like forms may be used. See Tithe Rules, 58.] on his solicitor, in manner provided by Eub-sections 2 to 5 of section 2 of the The forms in the Appendis, where applicable, and where they are not Act with reference to service of notice in respect of an injury.
applicable forms of the like character, with such variations as the circum. Procedure Generally.
stances, may require, may be used in proceedings under the Act. 63. Provisions as to parties acting by solicitors, and as to substituted service
[There is a long appendix of forms.) and notice in lieu of service. (Order XXIII., Rul: 4; Order LI., Rules 1 to 6).] The provisions of Order XXIII., Rule 4, and Order LI., Rules 1 to 6,
TRANSFER OF ACTION, as to parties acting by solicitors, and as to substituted service and notice of
ORDER OF Court. lieu of service, chall apply to proceedings under the Act. 64. Procedure where not otherwise provided for. See Tithe Rules 57.]
Monday, the 27th day of June, 1898. Where any matter or thing is not specially provided for under these Rules, I, Hardinge Stanley, Earl of Halsbury, Lord High Chancellor of Great the same procedure shall be followed and the same provisions shall apply, Britain, do hereby order that the action mentioned in the Schedule hereto as far as practicable, as in a similar matter or thing under the County shall be transferred to the Honourable Mr. Justice Wright, Courts Act, 1888, and the rules made in pursuance of that Act.
Mr. Justice Romer (1898–G.–No. 1,232).
In re Godfrey Giles & Co, Limited Armstrong & Co v Godfrey Giles & 65. Record of proceedings before judge or arbitrator. Special register.
Co, Limited Form 30.). Proceedings under the Act before the judge or an arbitrator appointed by him shall be recorded in the books of the Court in the manner in which other proceedings in the Court are recorded ; and the registrar There are to-day, says the St. James's Gazette, 5,526 more certified shall also keep a special register for the purposes of the Act, in which he lunatics in this country than there were two years ago. That is the startsball record
ling statement contained in the annual report of the Commissioners in (a.) A memorandum of every application made to the judge for the settle. Lunacy which was presented to Parliament on Wednesday. We do not ment of any matter by arbitration ;
forget that it has been officially pointed out that the recent apparent (6.) A memorandum of every appointment of an arbitrator made by the increase in the number of lunatics is accounted for by greater strictness of judge or by a judge of the High Court;
regulation leading to larger numbers of patients being drawn into the (c.) A memorandum of every proceeding taken in any arbitration before Commissioners' net. But we find it very difficult to believe that these the judge or an arbitrator prior to the award;
swarms of lunatics are anything like entirely accounted for by the sweep (d.) A memorandum of every appointment of a medical referee by the of the net. The meaning of the figures will be more clearly realized when
judge or arbitrator, and of bis report, and if he is requested to attend we point out that, as there are 102,000 persons (in England and Wales
any proceeding in the arbitration, of such request and attendance ; only) who are officially certified to be insane, more than 5 per cent. has r.) A memorandum of every award made by the judge, or by an arbi. been added to their number in the last two years. There is now one tator appointed by bim;
lunatic to every 308 sane people.
INCORPORATED LAW SOCIETY. The annual general meeting of the members of this society will be held on Friday, the 15th of July, at two p.m. precisely, for the election of a president and vice president of the society; of twelve members of the council, in place of ten members who go out of office in rotation, and of Mr. James Curtis Lemon and Mr. Nathaniel Tertius Laurence, deceased ; of three auditors; and for other purposes of the society.
The following are the names of the medibers who go out of office by rotation, and, so far as is known, all of them, with the exception of Sir Thomas Paine and Mr. F. H. Janson, will be nominated for re-election :
Mr. William Godden.
Frederick Halsey Janson.
W. H. Winterbotham.
The following is a list of qualified members of the society who have been nominated as members of the council to be elected at the annual general meeting :
The Candidates whose Names are marked thus (*) go out of Office by rotation.
R. du Cane ...
Chas. P. Johnson Philip Witham
9, Lincoln's-inn. 1, Gray's-inn-equare
Wm. Godden (Witham, Roskell, Munster, &
34, Old Jewry, E.O. Weld)
C. B. Margetts
New Bank-bldgs., 31, Old Jewry, E.C. 26
Edward F. Turner...
101, Leadenhall-street, E.C.
34, Old Jewry. C. B. Margetts
Whatton) 9 *Grinham Keen
(H. Morten Cotton 24, Knightrider-street, E.C.
4, Bream’s-buildings, W.C. Alex. Crossman
16, Theobald's-road, W.O. (Keen, Rogers, & Co.) 10 *William Godden
Fredk. Maples 34, Old Jewry, E.C.
6, Frederick-place, Old Jewry. (Godden, Son, & Holme)
| Leonard J. Maton ... 21, Cannon-street, E.O. 10 *William Melmoth Waltera
Benjamin G. Lake...
10, New-square, Lincoln's-inn, W.C.
| James S. Beale
21, Great George-street, S.W. Wood, & Walters)
John J. Wheat 10 *Arthur Wightman ...
Sheffield. (Broomhead, Wightman, & Moore)
Sir Henry A. White 14, Great Marlborough-street, S.W. 11 Harry Wilmot Lee ...
1, The Sanctuary, Westminster
Edward H. Whitehead 29, Spring-gardens.
34, Old Jewry.
Charles Berkeley Margetts Huntingdon. 11 *William Howard Winterbotham 1, New-court, Carey-street, W.C.
(H. Morten Cotton ... 4, Bream's-buildings, W.C. (Waterhouse, Winterbotham,
W. Arthur Sharpe... 12, New-court, Carey -street, W.C.
2, Bond-court, Walbrook. 11 Charles Stewart
William D. Freshfield 57, Coleman-street, E.C.
New Bank-buildings, E.C.
William Godden (Markby, Stewart, & Co.)
34, Old Jewry, City.
Charles Berkeley Margetts Huntingdon. 14 *William Williams
32, Lincoln's-inn-fields, W.O. ...
George Edgar Frere 28, Lincoln's-inn-fields, W.C.
E. L. Rowcliffe (Currie, Williams, & Williams)
1, Bedford-row, W.O.
Ernest Todd 15 "Richard Pennington
9, Bedford-row, W.C. 64, Lincoln's-inn-fields, W.C....
Dillon R. L. Lowe... (Pennington & Son)
2, Temple-gardens, E.C. Ernest Todd
9, Bedford-row, W.O. 15 Sir Albert K. Rollit
3, Mincing-lane, E.C., and Hull
Dillon R. L. Lowe... (Rollit & Sons)
2, Temple-gardens, E.C. Joseph Harris
42, New Broad-street, E.O. J. B. Tippetts
11, Maiden-lane, E.C. William Smith
William J. McLellan Rochester. 18 Grantham Robert Dodd ... 54, New Broad-street, E.C. Thomas Llanwarne
34, Old Jewry.
E. Vaughan Thompson 9, Theobald's-road.
16, Bedford - row. List of Qualified Members of the Society PROPOSED AS PRESIDENT AND VICE-President or the Society, TO DE ELECTED AT THE
SAME MEETING. 20 Cbarles Berkeley Margetts (as
( Ernest Todd
9, Bedford-row, W.C.
Edmund K. Blyth... 112, Gresham House, E.C. 20 Henry Mavisty (as Vice-President) | 1, Howard-street, W.C....
Benjamin G. Lake...
10, New-square, Lincoln's-inn, W.C. (Nicholl, Manisty, & Co.)
| Thomas Rawle
1, Bedford.row, W.C. LIST OF QUALIFIED Persons PROPOSED AS AUDITORS OF THE SOCIETY, TO BE ELECTED AT THE SAME Meeting. 14 Arthur George Guillemard
20, Whiteball-place, S.W.
Gerard C. Meynell
20, Whitehall-plice, S.W. A. T. Whatley
27, Lincolu's-inn-fields. 20 Edward Henry Nash
Charles Oliver Bigg
6, Raymond-buildings, Gray's-inn. 6, Raymond-bldg., Gray's-inn
W. E. Martya
18, New Bridge-street, E.O. 20
61, Lincoln's-inn-fields. John S. Chappelow, F.C.A.
Joseph Prior 10, Lincoln's inn-fields...
R. W. Tweedie
6 7 8 9
4 5 6 7 8 9
tion. It is of the very lightest possible make, is perfectly ventilated, and LEGAL NEWS.
weighs just over two ounces. The wigs are made by Messrs. Ede & Son,
robemakers (by special appointment) to her Majesty the Queen and OBITUARY.
H.R.H. the Prince of Wales, K G,"
SUPREME COURT OF JUDICATURE. The death is announced of Mr. John HUMPHRIBS Hodson, Town Clerk
ROTA OF REGISTRARS IN ATTENDANCE ON
APPEAL COURT Mr. Justice ånd Clerk of the Peace for the City of Lichfield, on the 24th ult., from
STIBLING. heart disease. Mr. Hodson was admitted in 1861, and was a member of
Mr. Farmer the firm of Messrs. Hinckley, Hodson, & Brown. He served in the Monday, July ............... 4
Tuesday ............... 5
King capacity of Mayor of Lichfield in 1884. He was elected town clerk in 1887,
Fariner and subsequently succeeded to the clerkship of the peace. He was Thursday
Ward steward and clerk to many charities at Lichfield.
King The death is announced of the Honourable WILLIAM ANTHONY Mus.
Mr. Justice GRAVE SHERIFF, for many years a judge of the Supreme Court at
KEKEWICH. Demerara, at the age of fifty-four years. Mr. Sheriff was educated in
Mr. Jackson Mr. Beal France and at Balliol College, Oxford, and was called to the bar at the
Leach Middle Temple. He was appointed Attorney-General of Grenada, West Wednesday..
Leach Indies, in 1872, and was subsequently Attorney-General at the Bahamas
Beal and Chief Justice of British Honduras. He subsequently went to the Straits Saturday.
Leach Settlements, and afterwards to Demerara, being appointed Puisne Judge in 1890.
HIGH COURT OF JUSTICE.
QUEEN'S BENCH DIVISION.
TRINITY SITTINGS, 1898. been elected a Bencber of the Honourable Society of the Middle Temple
SPECIAL PAPER. in succession to Sir Francis Villeneuve Smith, resigned.
In re an Arbtn between Gubbins & anr and The London and Blackwall Ry
Co and The Great Eastern Railway Co 8 o referred to Arbitrator CHANGES IN PARTNERSHIPS.
In re an Arbtn between Spillers & Bakers, ld, and I Leetham & Sons DissOLUTION.
8 o for case to be stated in form of award special case HUBERT STANLEY Lush and John Robinson, solicitors (Lush & Piers • Read & ors points of law Robinson), Portsmouth. June 11.
[Gazette, June 24. Weyman & Bitchcock v Clayton & Shuttleworth special case
In re an Arbtn between James Glen & ors and John Craren Glen & anr
special case GENERAL.
OPPOSED MOTIONS. Mr. T. R. Hughes, Q.C., one of the new Queen's Counsel called within
Ball v Williams so award to go back for amendment tho bar, will practice in Mr. Justice Byrne's court.
In re a Solicitor, Expte Iccorporated Law Soc 8 o report to go back to The following gentlemen have been co-opted additional members of the Society General Council of the Bar in order that every branch of the bar and In re a Solicitor, Expte Same so report referred back for further report every circuit may be adequately represented thereon - namely, Mr. Cripps, Chiverton v Chiverton 8 o for amendment Q.C., Mr. Aspinall, Q.0., Mr. E. P. Wolstenholme, Mr. P. S. Gregory, Perfecta Seamless Steam Tube Co. v Wood Bros. Mr. J. Eldon Bankes, and Mr. H. L. Stephen.
In re A. Newman & In re C. H. Newman & anr. (exple. the Sheriff of Judge Woodfall, who has been recently appointed to the Devon County
Middlesex) Court, was entertained at dinner on Monday by the members of the South Finn v Lawson Wales Circuit. Mr. Bowen Rowlands, Q C., the leader of the circuit,
W. C. Jones ld v Worsley Bros ld presided, and among the former members of the circuit who attended was In re an Arbtn between Spillers & Bakera ld. and H. Leetham & S018 the Lord Chancellor.
In re an Arbtn between Newcastle & Gateshead Water Works Co. & Earl On the 23rd ult., at the Old Bailey, Mr. Justice Grantham said that the The Clarendon Hotel Id. v Lowe
After consulting with Mr. Read, Deputy.Clerk of Arraigns. In re au Arbtn between John Crosbie Aitkeu Henderson & George Louis Mr. Justice Grantham said the Testaments had been in use for so many
Outram Davidson years that it was not known what their origin was or who was responsible
CROWN PAPER. for providing new ones. On the question of flogging sentences by the judges, says the Daily West Ham Kinnaird v Cory
For Judgment. News, a recent return to the House of Commons contains some curious information. The records are as follow :
For Argument. Criminals Total number Pembrokeshire The Queen v Mayor, &c, of Pembroke (expte Local convicted. of strokes.
Government Board) nisi for mandamus to obey order of Local Govern. 1883 to 1897 Mr. Justice Day
ment Board 1888 to 1897 Mr. Justice Grantham 31
Yorkshire, WR W Riding of Yorkshire Rivers Board & anr « Gold1891 to 1897 Mr. Justice Lawrance
thorpe & anr quarter sessions, sec 14, sub-sec 2, of the West Riding 1892 to 1897 Mr. Justice Bruce
of Yorkshire Rivers Act, 1894. appellants' appeal 1892 to 1897 Mr. Justice Collins
Dorsetshire Brown v Patch magistrate's case 1885 to 1897 Mr. Justice Wills
Lancashire, Liverpool Welsby v Mayor, &c. of Liverpool county court 1894 to 1898 Sir Charles Hall, Recorder 44
829 1892 to 1897 Sir Forrest Fulton, 39
Lancashire, Ashton-under-Lyne London & North-Western Ry Co v Common Serjeant
Evans county court plts' app The Manx Sun says that the members of the Manx bir have decided to Met Pol Dist The Queen v Sheil, Esq. Vet Pol Mag & Collins (expte adopt the barristers' wig, and it is their intention to make their first appear Medical Council) nisi to hear and determine application ance in public in their wigs on Tynwald Day. If it happens to be a very Met. Pol Dist. Allen & ors. v Vestry of Fulham magistrate's case hot day the stout members may regret the decision, and there may be some
County of London The Queen v Vestry of St. Mary, Ielington (expte difficulty in acting up to the due dignity of the adornment, but once the Williams) nisi for mandamus to prepare scheme of sewers lawyers make up their minds to a thing it is hard to shake them off, 80 Middlesex, Westminister Howcroft v Laycock county court dft's app we may prepare ourselves to accept the new situation as a matter of fact. Hampshire, Bournemouth Driscoll v Kemp & anr. county court pli's The new wigs are described as follows: "The wig is made of horse hair, app the curls are fixed at both ends so as not to unravel, the top is looped, Lancashire, Liverpool Smith & ors. v Ray county court aft's app every hair being fastened at both ends, so that there is nothing to come Staffordshire, Lichfield Altree v Altree (Staffordshire Financial Co. undone or get disordered, and, consequently, does not require re-dressing, clmts.) county court clmts' app which was a very troublesome feature in the old-time wig, when they Hertfordshire, Watford Wyandr Wealdstone Urban District Council were besprinkled plentifully with powder, and required continuous atten county court plt's app