This alteration brings Rule 60 and the forms into conformity with paragraph 18 of the first schedule to the Act, and with the form of certificate prescribed by the Secretary of State, which do not require the certificate of the medical referee to state whether the disablement is total or partial; and makes further provision, in accordance with suggestions by the Secretary of State, as to applications for certificates.

(8.) Where the medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature, the registrar shall on application furnish the workman

(a) with a copy of the certificate of the medical referee, sealed with the seal of the court and certified by the registrar in his own handwriting to be a true copy; and

(b) with a copy of the award, memorandum, or certificate under which the weekly payment is payable, sealed with the seal of the court and certified by the registrar in his own handwriting to be a true copy; and

(c) with a certificate of identity according to the form in the Form 58. Appendix; and

(d) with a notice according to the form in the Appendix, Forms 59, 60, annexing thereto forms of certificate and declaration accord- 61. ing to the forms in the Appendix;

and shall procure from the workman a specimen of his signature, and file the same for reference.

(9.) A workman who desires to have the weekly payments payable to him remitted to him while residing out of the United Kingdom 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 last preceding paragraph, and shall obtain from him a certificate in the Form 60. form 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.

(10.) The workman shall also make a declaration of identity according to the form in the Appendix before a person having Form 61. 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.

(11.) The workman shall forward the certificate and declaration in the two last preceding paragraphs mentioned to the registrar, with a request, according to the form in the Appendix, for the Form 62. transmission to him of the amount of the weekly payments due to him, specifying the place where and the manner in which the

Form 63.

Costs.

para. 7.

amount is to be remitted, which request shall be signed by the workman in his own handwriting.

(12.) On receipt of the certificate, declaration, and request the registrar shall examine the same, and may if not satisfied that the same are in order return the same for correction.

(13.) If the registrar is satisfied that the certificate, declaration, and request are in order, or when they are returned to him in order, he shall send to the employer a notice according to the form in the Appendix, requesting him to forward the amount due; and the employer shall thereupon forward the amount to the registrar, who shall remit the same, less any fees payable to the registrar and the costs 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. [New.]

60A. This new Rule, Rule 6 of the Rules of 1911, given in full p. 697, deals with the payment of arrears due to a workman who dies when residing out of the United Kingdom.

Costs (a).

61. (1.) Any costs of and incident to an arbitration and Act, Sched. 2, proceedings connected therewith directed by a committee or by an arbitrator (whether agreed on by the parties or appointed by the judge), or by the judge, to be paid by one party to another shall, in default of agreement between the parties as to the amount of such costs, be taxed according to such one of the scales of costs applicable to actions in the County Court as the committee, arbitrator, or judge shall direct; and in default of such direction shall be taxed according to the scale which would be applicable if the proceeding had been an action in the County Court and the statutory provisions and Rules for the time being in force as to the allowance and taxation of costs in such actions, and as to objections and review of taxation by the registrar, shall apply accordingly. Proceedings in an arbitration shall be within Order LIII., Order LIII., Rules 7 and 8, and the word "judge " in those Rules shall include a committee and an arbitrator. Where costs are directed to be taxed under Column A., a fee for advising on evidence, and allowances under Order LIII., Rules 43 and 44, to expert or scientific witnesses, and for plans, &c., may be allowed by special order of the judge, committee, or arbitrator, in like manner as if costs had been directed to be taxed under Column B. [Old Rule 33 (1.); Rule 7, Nov., 1900; Amended Rules, 1908 (No. 2).]

Rules 7, 8.

Order LIII.,
Rule 7.

ALLOWANCE OF COSTS BY JUDGE.

The order of the judge required for the allowance of any of the following items in the scales, viz., items 3, 31, 70, 86, 91, 92, 93, 94 and 95, or for the allowance of any particular costs under any of the County Court Rules, shall

(a) See ante, p. 382, and also Rules 18, 23, 24, 32 (7).

be a special order made upon consideration of the facts of the particular case, and not a general order; and the application for such allowance, or for any certificate under sect. 119 of the Act, shall be made at or immediately after the trial or hearing; and if not so made shall not afterwards be entertained unless the judge for good cause otherwise orders.

The judge may, in his discretion, in any action under sect. 64 of the Act, Rule 8. or under the Employers' Liability Act, any action or matter remitted from the High Court, any action or matter commenced under the Admiralty or equitable jurisdiction of the court, or any action of ejectment or in which title to any corporeal or incorporeal hereditaments comes in question, order that any of the following items mentioned in the scale of costs shall be allowed to the party in whose favour the order is made in addition to or in substitution for, as the case may be, the costs to which he would otherwise be entitled, viz., items 31, 70, 86 and 93.

Taxation of

It will be noted a further discretion is now given to the arbitrator by the words added to the end of this Rule. The reason is so many cases arising under the Act of 1906 simply resolve themselves into questions of medical evidence as to the condition of the injured workman; and where there is any dispute as to his condition expert witnesses are habitually called. There is no power under the Rules to allow the costs of advising on evidence, or fees to experts, unless costs are allowed on Scale B., and many cases occur in which the Court is not disposed to allow costs on that scale, but is met by the difficulty that if the costs of advice on evidence and qualifying fees to a medical man are not allowed, the whole amount of compensation allowed will be swallowed up by such costs, if they have to be borne by the workman. To meet this difficulty power is given to allow such costs where costs are taxed on Scale A., as an alternative to allowing the whole of the costs on Scale B.

(2.) Where the subject-matter of an arbitration is not a capital sum, the committee, arbitrator, or judge shall determine what, for the purpose of the allowance and taxation of costs, shall be considered to be the amount of the subject-matter of the arbitration; and in default of such determination the amount shall be fixed by the registrar by whom the costs are to be taxed, subject to review by the judge.

(3.) The committee, arbitrator, or judge, in dealing with the question of costs, may take into consideration any offer of compensation proved to have been made on behalf of the employer.

Where a defendant has succeeded there is no jurisdiction to make him pay the costs of an unsuccessful plaintiff. (Foster v. G. W. R., 8 Q. B. D. 515; Dicks v. Yates, 18 C. D. 76.)

(4.) Where any workman is examined by a medical referee on a reference under paragraph 15 of the first schedule to the Act, and the certificate of the referee is used in any subsequent arbitration, any reasonable travelling and other expenses incurred by the workman in obtaining such certificate (if not otherwise provided for) may, by order of the committee, arbitrator, or judge, be allowed as costs in the arbitration.

(5.) Where a workman is ordered to submit himself for examination by a medical referee appointed to report under paragraph 15 of the second schedule to the Act, any reasonable expenses incurred by such workman in travelling to attend on such referee for examination may, by order of the committee, arbitrator, or judge, be allowed as costs in the arbitration. [Old Rule 33.]

62. Where any costs are awarded by a committee or an costs awarded arbitrator agreed on by the parties, it shall be the duty of the by committee or arbitrator registrar of the court in which a memorandum of the decision of agreed on by the committee or arbitrator is recorded pursuant to paragraph 9 of parties.

the second schedule to the Act, on application made to him, to tax such costs, and to enter in the register the amount of such costs allowed on taxation; and such entry shall be deemed to be part of such memorandum, and shall be enforceable accordingly. [Old Rule 34.]

Review of Taxation by Judge.

63.—(1.) An application to the judge to review any taxation of Review of costs shall be made on notice in writing, which shall be served on taxation. the opposite party two clear days at least before the hearing of the application, unless the judge or registrar gives leave for shorter notice.

(2.) Such application shall be heard and determined upon the evidence which has been brought in before the registrar, and no further evidence shall be received on the hearing thereof unless the judge otherwise directs.

(3.) The costs of and incident to the application shall be in the discretion of the judge.

(4.) The result of such review shall be entered in the register. [New.]

See County Court Rules, Order LIII., Rule 47; Order XII., Rule 1141, 4).

solicitor to

64. Where any party to whom costs are awarded acts by a As to solicitor, such solicitor shall have the same authority to take out of authority of court or receive any sum paid into court or payable in respect of receive costs such costs by the party against whom such costs are awarded as payable by he would have if such costs were awarded in an action. [Rule 3, adverse party. Sept., 1899.]

Costs of Solicitor or Agent under Schedule II., Paragraph 14.

65.-(1.) The following provisions shall apply to an application Application under paragraph 14 of the second schedule to the Act for the to determine costs payable determination of the amount of costs to be paid to the solicitor or to solicitor agent of a person claiming compensation under the Act.

or agent.
Act, Sched. 2,

(2.) Where the sum awarded as compensation has been awarded para. 14. by a committee or an arbitrator agreed on by the parties, the application shall be made to such committee or arbitrator.

(3.) Where the sum awarded as compensation has been awarded by the judge or by an arbitrator appointed by him, the application may be made

(a) to the judge or arbitrator at or immediately after the hearing of the arbitration; or