Miscellaneous Matters.-The following miscellaneous matters may be mentioned:

(1.) Money paid into one court may be transferred to

any other whether such courts are situate in

the same part of the United Kingdom or not

(Sched. 1 (6); W. C. R. 76).

(2.) Compensation ordered to be invested may be invested in the Post Office Savings Bank by the registrar, or in the purchase of an annuity from the National Debt Commissioners, through the Post Office Savings Bank or placed on deposit by the registrar in the Post Office Savings Bank, notwithstanding it exceeds the amount allowed by statute. It is to be paid out only on the order of the Treasury or subject to regulations by the order of the judge or registrar. A person entitled to compensation so invested may, nevertheless, open an account in the Post Office Savings Bank or in any other savings bank without incurring any statutory penalty (Sched. 1:(10)—(13) ).

(3.) The duty of a judge of county courts under this Act, or in England, of an arbitrator appointed by him, shall, subject to the rules, be part of the duties of the county court and the officers of the court shall act accordingly, and rules of court may be made, both for any purpose for which this Act authorises rules of court to be made and also generally for carrying the Act into effect in the county court or before an arbitrator appointed by the judge of the county court (Sched. 2 (12)).

(4.) The filing and service of documents and notices is prescribed by the rules (W. C. R. 77).

(5.) Any matter or thing not specifically provided for under the rules is to be governed in the county courts by the general procedure under the

County Courts Act, 1888, and the County Court
Rules made thereunder (W. C. R. 80).

(6.) A special register is to be kept in every county court in which every proceeding under the Act before the judge or arbitrator appointed by him is to be recorded (W. C. R. 81).

(7.) Annual returns of the number of injuries in respect of which compensation has been paid may be required by the Secretary of State from every employer in any industry to which he may direct the section to apply (s. 12) (m).

(m) See the industries to which this obligation has been applied by orders of the Secretary of State, dated January 15th, 1908, in Appendix AA.

CHAPTER XV.

APPEALS.

"THE Arbitration Act, 1889, shall not apply to any arbitration under this Act; but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of the judge of the county court, 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, or where he gives any decision or makes any order 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 (Sched. 2 (4)).

The above section is the only one giving a right of appeal in an arbitration under the Act. It contemplates the submission of a question of law by a lay arbitrator, or an arbitrator appointed by the county court judge, to the county court judge, and an appeal from the county court on a question of law only to the Court of Appeal. The first of these is not strictly an appeal at all, though it is conveniently treated as such.

Special Appellate Jurisdiction of County Court Judge. It is purely optional on the part of a committee or arbitrator appointed by consent of the parties, or arbitrator appointed by the county court judge, whether or not they or he choose to submit such a question.

There is no direct appeal, even on a question of law, to the Court of Appeal from the decision of a committee or arbitrator agreed on by the parties, or arbitrator appointed

by the county court judge (Gibson v. Wormald and Walker (a)).

Where a question of law is submitted to a county court judge, it has to be submitted in the form of a special case (W. C. R. 32 (1) (b)).

Great care must be taken by the arbitrator to see that the question submitted to the judge is really a question of law or a question of mixed law and fact, and that the facts necessary to decide such question are set out in the case, and found clearly and definitely (W. C. R. 32 (1) (c) ).

. Procedure on Special Case. The case is to be intituled in the matter of the Act and of the arbitration, divided into numbered paragraphs, which are to state concisely such facts and documents as may be necessary to enable the judge to decide the question. The judge may refer to the whole of the documents and draw inferences of fact and law (W. C. R. 32 (2) ).

The case is to be signed by the chairman and secretary of the committee, or by the arbitrator, and sent to the registrar, and by him to the judge. The judge shall appoint a day and hour for hearing the case, and the registrar is to give the parties notice thereof (Form 25).

The notice is to be given so as to allow ten days at least before the day fixed for the hearing, unless all parties consent to an earlier day (W. C. R. 32 (3)).

Any party may have a copy of the case at his own expense (ib. (4)).

The judge may remit the case for restatement or further statement (ib. (6) ).

After deciding the question, the judge may remit the case with a memorandum of his decision, so that the committee or arbitrator may proceed in accordance with

(a) [1904] 2 K. B. 40; 73 L. J. K. B. 491; 91 L. T. 7; 20 T. L. R. 452. (b) For form of special case see Appendix U.

(c) A lay arbitrator often sets out as a question of law, what is really a question of fact, or a question which, although one of law, is entirely dependent upon the findings of fact.

the decision. If the decision of the question disposes of the whole matter, the judge may make the award himself (ib. (5)). The judge has jurisdiction over the costs of the special case or may direct such costs to be dealt with as costs attending the arbitration (ib. (7) ).

The judge cannot interfere with or alter the findings of the committee or arbitrator upon questions of fact (Ferguson v. Green, ante, p. 571).

Appeal to the Court of Appeal. An appeal lies to the Court of Appeal from the decision of the judge on a question of law submitted to him by an arbitrator, or on a question of law when he himself acts as arbitrator under the Act, or where he gives any decision or makes any order under the Act.

These last words are new, and inserted to meet a difficulty which arose under the Act of 1897. Under that Act it was held that no appeal would lie to the Court of Appeal in interlocutory matters arising in the arbitration or indeed in any case where the judge was not acting as arbitrator, but exercising his powers as a county court judge (Leech v. Life and Health Insurance Co. (d)).

The actual decision in the above case was that the Court of Appeal had no jurisdiction to hear an appeal against the refusal of a county court judge to direct insurers to pay insurance money into the Post Office Savings Bank in accordance with the provisions of s. 5 (1) of the Act of 1897.

The same rule was laid down where the appeal was from a refusal of the county court judge to direct a review of taxation of costs (Rigby & Co. v. Cox (e)). See also Keane v. Nash (f). See now Moss v. Great Eastern Rail.

(d) [1901] 1 K. B. 707; 70 L. J. K. B. 544; 84 L. T. 414; 17 T. L. R. 354.

(e) [1904] 1 K. B. 358; 73 L. J. K. B. 80; 89 L. T. 717; 20 T. L. R. 136.

(f) 88 L. T. 790; 78 L. J. K. B. 1048; 19 T. L, R, 419.

E.L.

2 U