Order LIV. Rules 7 and 33 to apply to all proceedings under Act and Rules. Proceedings where Crown a party. Service of documents, &c. Procedure, where not otherwise and to the other parties to the action or proceedings or the solicitors, if any, acting for them, of such change, and of the name or firm and place of business of the new solicitor, and the registrar shall file the notice given to him; but until such notice is filed and a copy thereof served, the former solicitor shall be deemed to be the solicitor of the party. Order VII., Rule 40.-Where by reason of the absence of any party, or from any other sufficient cause, the service of any summons (other than a default or judgment summons, or a summons under the Summary Procedure on Bills of Exchange Act, 1855), petition, notice, proceeding, or document cannot be made, the Court may, upon an affidavit showing grounds, make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as may be just. 78A. Rules 7 and 33 of the principal Rules shall apply to all proceedings under the Act and these Rules in the like manner as to proceedings by way of arbitration. [Added Rules, 1908 (No. 2).] This new rule applies Rules 7 and 33 as to persons under disability and partners, and as to the parties by whom parties to arbitration may appear, to all proceedings under the Acts and rules, those rules being at present limited to proceedings by way of arbitration. The amendment will enable persons interested in infant children to apply to the court under Schedule I., paragraph 9, for the variation of orders or awards as to the apportionment of compensation. 79.-(1.) In any proceedings under the Act or these Rules arising out of an injury to a workman employed by or under the Crown, in which, if the employer were a private person, such employer would be a necessary party, the head of the department by in or under which the workman was employed, or, where the department is administered by a Board or by Commissioners, such Board or Commissioners shall be made a party under his or their official title as representing the Crown. (2.) In any such case any proceeding, document, or notice to be served on the head of the department, or on the Board or Commissioners, may be served on the permanent secretary to the department, subject to the provisions of these Rules as to service on parties acting by solicitors. [New.] 80. Where any matter or thing is not specially provided for under these Rules, the same procedure shall be followed and the provided for. same provisions shall apply, as far as practicable, as in a similar matter or thing under the County Courts Act, 1888, and the Rules made in pursuance of that Act in so far as such procedure and provisions are applicable to proceedings by way of arbitration. [Old Rule 64.] See note to Rule 27. Words in italics added by Rule 7 of Rules of 1911. Record of Proceedings.-Special Register. 81. Proceedings under the Act before the judge or an arbitrator Record of appointed by him shall be recorded in the books of the court in proceedings before judge the manner in which other proceedings in the court are recorded; or arbitrator. and the registrar shall also keep a special register for the purposes Special of the Act, in which he shall record (1.) A memorandum of every application made to the judge for the settlement of any matter by arbitration; (2.) A memorandum of every appointment of an arbitrator to settle any such matter made by the judge; (3.) A memorandum of every proceeding taken in any arbitration before the judge or an arbitrator appointed by him prior to the award; (4.) A memorandum of every appointment of a medical referee by the judge or arbitrator, and of his report, and if a medical referee is summoned or requested to attend any proceeding in the arbitration, of such summons or request and attendance; (5.) A memorandum of every award made by the judge, or by an arbitrator appointed by him; (6.) A memorandum of every special case submitted to the judge, and of the proceedings and order thereon; (7.) A memorandum of every judgment given by the Court of Appeal on any appeal; (8.) A memorandum of every application to the court for the examination of an employer pursuant to Rule 35, paragraph 2, and of the order and proceedings thereon; (9.) A memorandum of every application to the court for the detention of a ship pursuant to section 11 of the Act and Rules 37 and 38, and of the order and subsequent proceedings thereon; (10.) A memorandum of every application to the judge for the appointment of an arbitrator in case of the death or refusal or inability to act of an arbitrator agreed on by the parties, and of the proceedings and order thereon; (11.) A copy of every memorandum sent to the registrar pursuant to paragraph 9 of the second schedule to the Act, and of the report (if any) of the medical referee annexed thereto, with a note stating whether such memorandum was recorded without further proof, or after inquiry, or by order of the judge; (12.) If such memorandum is recorded after inquiry, a memorandum of the inquiries made and of the result thereof; register. Form 67. (13.) If such memorandum is recorded by order of the judge, a memorandum of the application to the judge, and of the order made thereon; (14.) If in the case of a memorandum of an agreement the registrar refers the matter to the judge, a memorandum of such reference, and of the directions of the judge, and the subsequent proceedings and order thereon; (15.) A memorandum of the result of every taxation or review of taxation of costs under any such memorandum, or under any award or order; (16.) A memorandum of every application to rectify the register in respect of any memorandum, and of the proceedings and order thereon; (17.) A memorandum of every application or report with reference to the removal of the record of a memorandum of an agreement from the register, and of the subsequent proceedings and order thereon; (18.) A memorandum of every application to the judge or arbitrator, under paragraph 14 of the second schedule to the Act, to determine the amount of costs to be paid to a solicitor or agent, and of the proceedings and order thereon, and of the result of any taxation or review of taxation under such order; (19.) 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; (20.) A memorandum of every proceeding taken in the court for the enforcement of any award, order, memorandum, or certificate, and of the result of such proceeding; (21.) A memorandum of every application to refer a matter to a medical referee pursuant to paragraph 15 of the first schedule of the Act, and of the order and subsequent proceedings thereon; (22.) A memorandum of every application to the court for the suspension of the right to compensation or to take or prosecute any proceedings under the Act in relation to compensation, or of the right to weekly payments, and of the proceedings and order thereon; (23.) A memorandum of every sum paid into court pursuant to paragraph 5 of the first schedule to the Act, or under any award, memorandum, or certificate; (24.) 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 the manner in which such sum is invested, applied, or disposed of; (25.) A memorandum of every application for the payment of any weekly payment into court, and of the proceedings and order thereon, and of the directions given as to the payment out or application of any such weekly payment; (26.) A memorandum of every application for variation of an order of the court as to the apportionment, investment, or application of any sum paid as compensation, and of the proceedings and order thereon; (27.) A memorandum of every application to refer a matter to a medical referee pursuant to paragraph 18 of the first schedule to the Act in the case of a workman intending to cease to reside in the United Kingdom, and of the order and the proceedings thereon; and of every certificate and declaration of identity and request for payment received from such workman, and of the proceedings thereon; (28.) A memorandum of every application to set aside or vary an award or order under Rule 70, and of the proceedings and order thereon; (29.) A memorandum of every certified copy given pursuant to (30.) A memorandum of every application for transfer, and of (32.) A memorandum of the transfer of any money paid into (33.) The like memorandum as to every matter transferred, or References to Medical Referees. 82.-(1.) Where a medical referee is summoned as an assessor, References to or any matter is referred to a medical referee, such referee shall medical be summoned or the matter shall be referred subject to and in referees. accordance with any regulations made by the Secretary of State and the Treasury; and any such regulations shall so far as they References under Act, 8. 8 (1) (ƒ). Record and references. Matters, how distinguished. Forms in Appendix or like forms affect 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, be deemed to be Rules of Court, and shall have effect accordingly. [Old Rule 25 (2.).] (2.) In particular, if such regulations as in the preceding paragraph mentioned provide that an employer or a workman who desires any matter to be referred to a medical referee under paragraph (f) of subsection 1 of section 8 of the Act shall apply to the registrar of a County Court for the matter to be so referred, it shall be the duty of the registrar to refer the same in accordance with such regulations. (3.) The registrar shall keep a record in the form prescribed by regulations made by the Secretary of State of all cases in which medical referees are summoned as assessors or matters are referred to medical referees, and shall forward a copy of the same to the Secretary of State at such times as may be prescribed by such regulations. [New.] Matters, how distinguished. 83. Every matter brought into the court under the Act shall be intituled in the matter of the Act, and shall be distinguished by a separate number; and all documents filed and subsequent proceedings taken in the court with reference to such matter shall be intituled in like manner, and shall be distinguished by the same number; and the entries made in the special register with respect to each such matter shall be entered together, and shall be kept separate from the entries with respect to any other matter. [Old Rule 66.] Forms. 84. The forms in the Appendix, where applicable, and where they are not applicable forms of the like character, with such may be used. Variations as the circumstances may require, may be used in proceedings under the Act. [Old Rule 67.] Supply of forms. Filling up of forms. Supply and filling up of Forms. 85. (1.) The registrar of any court may apply to the Treasury for any of the forms required to be used by parties to proceedings in court under the Act, notwithstanding that such forms are marked in the Appendix as "not to be printed," and if such application is granted may obtain such forms and supply the same without charge for the use of parties to such proceedings. (2.) Where any party to any proceeding is illiterate, and unable to fill up any form required to be used, it shall be the duty of the registrar or his clerk to fill up such form. [Added by Rule 8 of Rules of 1911.] |