APPENDIX J. COUNTY COURT, ENGLAND. FEES. TREASURY ORDER, DATED MAY 30, 1907, REGULATING FEES IN In pursuance of the powers given by the County Courts Act, 1888, and of all other powers enabling us in this behalf, We the undersigned, being two of the Commissioners of His Majesty's Treasury, whose names are hereunto subscribed, do hereby, with the consent of the Lord Chancellor, order that on and after the 1st day of July, 1907, the following alterations in the Treasury Order regulating fees in county courts, dated the 30th day of December, 1903, shall have effect. Joseph A. Peuse. I approve of this Order. Loreburn, C. Conf. Act, Sched. 2, par. 13. SCHEDULE A. Paragraph 46 is hereby annulled, and the following paragraph shall stand in lieu thereof. 46.-(a) No court fee shall be payable under this Schedule by any party in respect of any proceedings by or against a workman under the Workmen's Compensation Act, 1906, or the Workmen's Compensation Rules, 1907, in the county court prior to the award. (b) On an application for the settlement of any matter by arbitration under the said Act and Rules, when such application is not a proceeding by or against a workman, plaint and hearing fees shall be payable as in an ordinary action, and the poundage shall be calculated as upon a claim for a sum of twenty pounds. (c) Where a notice of claim to contribution or indemnity is filed under the said Act and Rules, a fee shall be paid on an award on such claim, or on the hearing of such claim, in like manner as on entering judgment on a default summons under paragraph 5, or the hearing of an action, as the case may be. (1) In proceedings under the said Act and Rules for the enforcement of an award, memorandum, or certificate, or an order for payment of costs, the same fees shall be taken as on the like proceedings for the enforcement of a judgment for the like amount given in an action, less, in any case in which fees for the issue service or execution of any process are prescribed by Schedule B., the amount of such fees. (e) On interpleader proceedings arising out of an execution issued for the enforcement of an award, memorandum, or certificate or an order for payment of costs under the said Act and Rules, fees shall be paid in like manner as on interpleader proceedings arising out of an execution issued in an action. SCHEDULE B.-PART I. GENERAL.. The words "The Workmen's Compensation Act, 1906, and the Workmen's Compensation Rules, 1907," shall be substituted for the words The Workmen's Compensation Acts, 1897 and 1900, or the Workmen's Compensation Rules, 1898 to 1900," in paragraphs 8 and 9. Paragraph 26 is hereby annulled, and the following paragraph shall stand in lieu thereof. 26. On proceedings under the Workmen's Compensation Act, 1906, and the Workmen's Compensation Rules, 1907. (N.B.-These fees with the exception of Nos. 6 and 7 are not to be taken in respect of proceedings by or against a workman prior to the award.) 1. On the filing of a special case under Rule 32 2. On an order for the detention of a ship, an order of release, 3. On an Order adding a respondent under Rule 39 (4) .... 5. For preparing a Certificate under Section 1, Sub-section 4 6. On an application for a reference to a medical referee under Schedule 1, paragraph 15, the fee prescribed by Rule 54 (9). 7. On a reference to a Medical Referee in accordance with regulations made by the Secretary of State pursuant to Section 8 (1) (f)· 40 £ s. d. 5 0 0 7 6 0 4 0 040 050 0 10 0 8. On an application for the suspension of the right to compensation or to take proceedings, or of the right to weekly payments, under Schedule 1, pars. 4, 14 or 15, and Rule 55 0 4 0 9. On an application for investment, &c., under Schedule 1, par. 5, and Rule 56 (8) or Rule 59 040 10. On an application for the payment of weekly payments into Court under Schedule 1, par. 7, and Rule 57 (3) 11. On an application for the variation of an order under Schedule 1, par. 9, and Rule 58 040 040 12. For every investment made by a registrar, including the £ s. d. 14. For a certificate of identity under Rule 60 (b) (c) . 17. For every other taxation of costs. 050 0 4 0 0 5 0 050 0.10 0 0 5 0 18. On an application to the judge under Rule 65 (3 to 5) at a 040 040 20. For examining every affidavit in support of an application for issue of execution or a judgment summons under Rules 67 (2) or 68 (2) . 016 21. On an application to set aside or vary an award or order under Rule 70 040 22. For every Office copy or certified copy of documents filed High Bailiff's Fees. The words "the Workmen's Compensation Act, 1906, and the Workmen's Compensation Rules, 1907," shall be substituted for the words "the Workmen's Compensation Acts, 1897 and 1900, or the Workmen's Compensation Rules, 1898 to 1900," in paragraphs 41 and 42. 42A. Where the high bailiff is directed to detain a ship under the Workmen's Compensation Act, 1906, or the Shipowners Negligence (Remedies) Act, 1905, the same fees for execution of the order for detention and for keeping possession of the vessel as for executing a warrant of arrest and keeping possession of a vessel in an Admiralty action where the amount claimed exceeds 1007., being part of the costs, charges and expenses attending the custody of the ship (Rule 37 (8)). 42B. On any proceeding under the Workmen's Compensation Act, 1906, and the Workmen's Compensation Rules, 1907, not herein specified (not being a proceeding by or against a workman prior to the award) for which, if such proceeding were taken in an action a fee would be payable, the fee which would be payable if such proceeding were taken in an action. APPENDIX K. STATUTORY RULES AND ORDERS, 1907. No. 484. MASTER AND SERVANT. WORKMEN'S COMPENSATION ACT, 1906. REGULATIONS, DATED JUNE 21, 1907, MADE BY THE SECRETARY OF STATE AND THE TREASURY AS TO THE DUTIES AND FEES OF CERTIFYING AND OTHER SURGEONS, AND AS TO REFERENCES TO, AND REMUNERATION AND EXPENSES OF, MEDICAL REFEREES, IN ENGLAND AND WALES, UNDER SECTION 8 OF THE ACT. I, the Right Honourable Herbert John Gladstone, one of His Majesty's Principal Secretaries of State, and We, the Lords Commissioners of His Majesty's Treasury, in pursuance of the powers respectively conferred on us by the Workmen's Compensation Act, 1906, section 8, sub-sections (1) (f), (3) and (5), and section 10, sub-section (1), hereby make the following regulations :-- 1. In these regulations Definitions. (i.) “Act” means the Workmen's Compensation Act, 1906. (ii.) "Workman" means a workman as defined in section 13 of the Act. (iii.) "Certifying Surgeon" means either the certifying surgeon men tioned in sub-section (1) (i) of section 8 of the Act, or a medical practitioner appointed by the Secretary of State under subsection (5) of section 8 to have the powers and duties of a certifying surgeon under the said section. (iv.) “Appointed Surgeon means a surgeon having power, in pursuance of any special rules or regulations made under the Factory and Workshop Act, 1901, to suspend a workman from employment in the process or processes specified in such rules or regulations. (v.) “Medical Referee" means a medical practitioner appointed by the Secretary of State to act as medical referee for the purposes of section 8 of the Act. Form 1. Form 2. Forms 3 and 5. Forms 6 and 8. (vi.) The words disease to which the Act applies" mean a disease mentioned in the third schedule to the Act or a disease or injury (not being an injury by accident) to which the provisions of section 8 of the Act have been extended by an Order made by the Secretary of State under sub-section (6) of that section. 2. Where a workman applies to a certifying surgeon for a certificate (hereinafter called "a certificate of disablement") that he is suffering from a disease to which the Act applies, and is thereby disabled from earning full wages at the work at which he was employed, the certifying surgeon, on payment of the prescribed fee, and after obtaining the particulars specified in the schedule to these regulations and such further information, if any, respecting the case as in the particular circumstances he may deem necessary, shall either proceed at once, if the application is made by the workman in person, to make a medical examination of the workman, or shall appoint forthwith a time and place for making such examination, and give notice thereof to the workman. Such notice, if given in writing, shall follow, as closely as may be, the form prescribed in the schedule. 3. After personally examining the workman, the certifying surgeon shall either give the workman a certificate of disablement or shall certify that he is not satisfied that the workman is entitled to such certificate, and shall in either case deliver his certificate to the workman. The certificate given shall be in the form prescribed in the schedule to these regulations. 4. Where, in pursuance of any special rules or regulations made under the Factory and Workshop Act, 1901, the certifying or appointed surgeon, after having personally examined a workman, suspends him from his usual employment on account of his having contracted any disease to which the Act applies, or where in the case of a workman applying to be suspended on account of his having contracted any such disease, the surgeon as aforesaid, after having personally examined such workman, refuses to order his suspension, he shall, on the application either of the employer or of the workman, and on payment of the prescribed fee, certify such suspension or refusal to suspend in accordance with the form prescribed in the schedule to these regulations, and shall deliver such certificate to the applicant. 5. Where a certificate of disablement is given or a workman is suspended, and the case is one in which, under the provisions of sub-section (2) of section 8 of the Act as extended by any Order of the Secretary of State made under sub-section (6) of the said section, the disease contracted by the workman will be deemed, unless the employer proves, or the certifying surgeon certifies, to the contrary, to have been due to the nature of the employment in the process in which at or immediately before the date of the disablement or suspension the workman was employed, the certifying surgeon, if he is of opinion that the disease contracted by the workman was not due to the nature of such employment, shall certify accordingly. Such certificate shall, where possible, be given simultaneously with, and included in, the certificate of disablement or the certificate (if any) of suspension, but |