‹ Loi relative aux dommages résultant des accidents du travail [microforme]Chapitre 23 sur 24 · À DER · texte numérisé non relu

À DER

(4) The Arbitration Act, 1889, shall not apply to any arbitration under this Act ; but an arbitrator may, if he thinks fit, submit any question of law for the decision of the county court Judge, and the decision of the judge on any question of law, either on such submission, or in any case where he himself settles the matter under this Act, shall be final, unless within the time and in accordance With the conditions prescribed by rules of the Supreme Court either Party appeals to the Court of Appeal ; and the County court judge, or the arbitrator appointed by him, shall, for the Purpose of an arbitration under this Act, have the same Powers of procurinz the attendance of witnesses and the production of documents as if the claim for compensation bad been made by plaint in the county court

(5.) Rules of court may make provision for the appearance in any arbitration under this Act of any party by some other person.

(6.) The costs of and incident to the arbitration and proceedings connected therewith shall be in the discretiun of the arbitrator, The costs, whether before an arbitrator or in the County court, shall not exceed the limit prescribed by rules of court, and shall be taxed in manner prescribed by those rules.

(7.) In the case of the death or refusal or inability to act of an arbitrator, a Judge of the High Court at Chambers may, on the application of any party, appoint a new arbitrator.

(8) Where the amount of compensation under this Act shall have been ascertained, or any weekly payment varied, or any other matter decided, under this Act, either by a committec or by an arbitrator or by agreement, a Mmemorandum thereof shall be sent, in manner prescribed by rules of court, by the said committee or arbitrator or by any party interested to the registrar of the county court for the district in which uuY person entitled to such compensation resides, who shall, subject to such rules, on being satisfied as to its genuineness, record such

CNE Rated ame nr are te

PU

memorandum in a special register without fee, and thereupon the said memorandum shall for all purposes e enforceable as a County court judgment. Provided that the County court judge may at any time rectify such register.

(9.) Where any matter under this Act is to be done in à County court, or by to or before the Judge or registrar of a county court, then, unless the contrary intention appear, the same shall, subject to rules of court, be done in or by to or before the Judge or registrar of the county court of the district in which all the parties concerned reside, or if they reside in different districts the district in which the accident ont of which the said matter arose occured, without prejudice to any transfer in manner provided by rules of court.

(10° The duty of a County court judge under this Act, or of an arbitrator appointed by him, shall, subject to rules of court, be part of the duties of the county court, aud the officers of the court shall act accordingly, and rules of court may be made both for any purpose for which this Act authorizes rules of court to be made, and also generally for Carrying into effect this Act so far as it affects the County court, or an arbitrator appointed by the judge of the county court, and proceedings in the county court or before any such arbitrator, and such rules may, in England, be made by the five judges ofthe county courts appointed for the making of rules under section one hundred and sixty-four of the County Courte Act, 1888, and when allowed by the Lord Chancellor, as provided by that section shall have full effect without any further consent.

(11) No court fee shall be payable by any party in respect of any proceeling under this Act in the county court prior to the award

(12) Any sum awarded as compensation shall be paid on the recvipt of the person to whom it is payable under an agreement or award, and his solicitor or agent shall not be entitled to recover from him, or to claim a lien On,

Page 1