(4) The Commissioners or Referee may adjourn the hearing from time to time as they may think fit. (5) The Commissioners or Referee may, if they think fit, admit any duly authenticated written statement or other material as primâ facie evidence of any fact or facts in any case in which, having regard to the question of costs or otherwise, they think it just and proper to do so. (6) Subject as aforesaid, the procedure on the hearing of any appeal or application shall be such as the Commissioners or Referee may determine. 173.-(1) In the application of this Part of these Regulations Applicato England and Wales, the provisions of the Arbitration Act, tion of 1889, (a) set out in the first part of the Seventh Schedule to these Arbitration Regulations shall with the necessary modifications apply to an Act, 1889, appeal or to an application under this Part of these Regulations Common as if the appeal or application were a reference under a submission Law and as if the Commissioners or the Referee were arbitrators. and of Procedure (2) In the application of this Part of these Regulations to Amendment Ireland, the provisions in reference to arbitration of the Common Act (I1eLaw Procedure Amendment Act (Ireland), 1856, (b) shall, with land), 1856. the necessary modifications, apply to an appeal or to an application under this Part of these Regulations as if the appeal or application were a reference under a submission and as if the Commissioners or Referee were arbitrators, and the parties to the application or appeal and all persons claiming through them respectively shall, subject to any legal objection, submit to be examined by the Commissioners or Referee on oath or affirmation in relation to the matters in dispute, and shall produce before the Commissioners or Referee all bonds, deeds, papers, accounts, writings and documents within their possession or power respectively, which may be required or called for, and do all other things which during the proceedings the Commissioners or Referee may require, and upon such application or appeal the Commissioners and Referee respectively shall have power to enlarge the time for making an award and to correct any clerical mistake or error arising from any accidental slip or omission therein, and either to fix the amount of the costs of the said appeal or application and the award consequent thereon or to direct the same to be taxed either as between solicitor and client or otherwise, and to award when and by whom such costs shall be paid. 174. (1) The forms set out in the second part of the Seventh Schedule to these Regulations, or forms to the like effect, may be used in all cases to which those forms are applicable. (2) Any person desiring to make an application or send a notice in any of the said forms shall be furnished gratis by the Commissioners with a copy of the appropriate form. (3) The Commissioners may, if they think fit, and subject to such conditions as they may impose, proceed with the consideration of any appeal or application notwithstanding any failure. or omission by any person to comply with any of the requirements of this Part of these Regulations. Use of Schedule. Cases in lies. Appeals from Decisions under Rules of Approved Societies. 175. Subject as hereinafter provided, any party to a dispute, which appeal decided in accordance with the rules of a Society (hereinafter called "the appellant "), may appeal to the Commissioners from such decision: Notice of appeal. Notification to respondent of lodgment of appeal. Notice by respondent as to admis sions. Parties limited to grounds stated in notices. Provided that no appeal shall lie from the decision of a dispute decided in accordance with sub-section (6) of Section 68 of the Friendly Societies Act, 1896(a) : Provided also that, in any case in which sub-section (6) of Section 68 of the Friendly Societies Act, 1896, does not apply, where application has been made to a Society or branch for the decision of a dispute under the rules of the Society or branch, and the matter is not considered by the proper tribunal within the time provided by the rules, or, if the rules make no such provision, within forty days after the application is made, or where the tribunal fails to give a decision within forty days or such other period as the rules may provide after it has considered the matter, the party aggrieved may apply to the Commissioners to hear and determine the matter in dispute, and the Commissioners may hear and determine the application as if it were an appeal under this Part of these Regulations. 176.--(1) An appeal to the Commissioners from a decision may be made by sending to the Commissioners a notice of appeal within one month from the date on which notification of the decision was received by the appellant. (2) The notice of appeal shall contain a concise statement of the facts and contentions upon which the appellant intends to rely at the hearing and also a copy of the decision appealed against. (3) Any person desiring to withdraw an appeal may do so by sending to the Commissioners a notice of withdrawal. 177. Subject to the provisions of this Part of these Regulations, the Commissioners shall, as soon as may be after the receipt of a notice of appeal, send to the other party to the dispute (hereinafter called "the respondent ") a notification of the appeal having been lodged, together with a copy of the notice of appeal. 178. The respondent shall within ten days after service upon him of the said notification, or within such further time as may be allowed by the Commissioners on an application made to them for the purpose, send to the Commissioners a notice stating whether and to what extent he admits the facts stated in the notice of appeal together with a concise statement of any further facts and of the contentions upon which he intends to rely at the hearing. 179. The appellant and the respondent shall not without the leave of the Commissioners be entitled to rely upon any facts or contentions other than those set out in the notice of appeal and in the notice required to be sent under the last preceding Article, respectively, or upon any facts or contentions which do not appearto the Commissioners to have been already raised in the course of the proceedings in respect of which the appeal is brought. (a) 59-60 V. c. 25. 180.-(1) The Commissioners may, on the application of any Extension of person desiring to appeal, extend the time for giving notice of time for appeal prescribed by this Part of these Regulations in such giving notice of appeal. manner as they in their absolute discretion think fit, and may so extend the time although the application made for the purpose is not made until after the expiration of the time so prescribed. (2) Any application for the extension of the time for giving notice of appeal must be made in writing to the Commissioners stating the grounds for the application. 181.-(1) The Commissioners may at any stage of the proceed- Amendment ings allow the amendment of any notice, application, statement, of notices or particulars, upon such terms as the Commissioners may think and further just. particulars. (2) The Commissioners may at any time require the appellant or the respondent to furnish to them in writing further particulars with respect to the matter of the appeal, and any particulars so furnished shall be binding upon the person by whom they are furnished in the same manner as if they had been contained in the notice of appeal or the notice required to be sent by the respondent, as the case may be. tion of 182. If the Commissioners, after considering the notice of Summary appeal and any further particulars furnished by the appellant, determinaare of opinion that the said notice and particulars disclose no reasonable grounds of appeal or that the appeal is otherwise appeal. vexatious or frivolous, the Commissioners may dismiss the appeal forthwith. 183. If the Commissioners are of opinion that the case is of Commissuch a nature that it can properly be determined without a sioners may hearing, they may dispense with a hearing and may determine dispense the appeal summarily. with hearing. 184. Subject to the provisions of the last preceding Article, Notice of the Commissioners shall as soon as may be fix a date for the hearing. hearing of the appeal and shall send to the appellant and respondent not less than seven days' notice thereof and shall at the same time send to the appellant a copy of any particulars received from the respondent. 185. If, after a notice of hearing has been duly sent to him, Default of either the appellant or the respondent fails to appear at the hear- appearance. ing, such order or award may be made and such proceedings may be taken with a view to the disposing of, or in reference to, the appeal as the Commissioners may think just. of decision on appeal. 186. The decision of the Commissioners on an appeal shall Notification be in writing signed by the Secretary of the Commissioners or other person duly authorised to act in that behalf, and a copy of the decision shall as soon as may be after the determination of the appeal be sent to the appellant and to the respondent. 187. In any case in which the Commissioners have authorised Provision a Referee appointed by them to decide an appeal the provisions for cases of paragraph (3) of Article 174 and of Articles 179 to 186, both where inclusive, shall have effect as if the reference to the Referee so appointed appointed was substituted for a reference to the Commissioners to decide or to the Secretary of the Commissioners, as the case may require. appeal. referee Application for decision of a dispute. Adaptation of preceding Articles. Application. Forms to be used. Cases in which appeal lies. Note of Disputes between Societies and between Societies and Insurance 188. (1) An application to the Commissioners for the decision of a dispute between two or more Societies or between a Society and an Insurance Committee shall be made by sending a notice of application to the Commissioners. (2) The notice of application shall contain a concise statement of the facts and contentions upon which the applicant intends to rely at the hearing. (3) Any person desiring to withdraw an application may do so by sending to the Commissioners a notice of withdrawal. 189. The provisions of paragraph (3) of Article 174, of paragraphs (2) and (3) of Article 176, and of Articles 177 to 187, shall apply with the necessary adaptations to the determination of any of the disputes mentioned in the last preceding Article as they apply to the determination of an appeal. PART XIV. APPEALS AND DISPUTES UNDER SECTION 67 OF THE PRINCIPAL ACT 190. This Part of these Regulations shall apply only to Scotland. 191. (1) The forms set out in the Eighth Schedule to these Regulations, or forms to the like effect, may be used in all cases to which those forms are applicable. (2) Any person requiring to make use of any of the said forms shall be entitled, on application, to be furnished gratis by the Commissioners with a copy of the appropriate form. 192.-(1) Subject as hereinafter provided, any party to such a dispute as is referred to in sub-section (1) of Section 67 of the principal Act as extended by sub-section (1) of Section 27 of the Act of 1913, which has been finally decided in accordance with the rules of a Society, may appeal to the Commissioners from such decision: Provided that no appeal shall be competent under this Part of these Regulations (1) where the dispute raises a question falling under Section 66 of the principal Act, (2) where the dispute has been duly referred to and decided by the chief or other registrar of Friendly Societies, and (3) where the dispute has been decided by any sheriff or judge of summary jurisdiction in accordance with Section 49 of the Industrial and Provident Societies Act, 1893, (a) Section 7 of the Collecting Societies Act, 1896, (b) or Section 68 of the Friendly Societies Act, 1896 (c). (2) No dispute shall be held to be finally decided in accordance with the rules of the Society so long as any mode of settlement or appeal remains open to the parties in terms of the said rules. 193.-(1) An appeal to the Commissioners may be made by sending to the Commissioners a Note of Appeal within one month from the date on which the decision from which the appeal is taken was intimated to the appellant. (a) 56-7 V. c. 39. (b) 59-60 V. c. 26. (c) 59-60 V. c. 25. (2) The Note of Appeal shall set forth concisely the decision from which the appeal is taken, the grounds of the appeal and the facts and contentions upon which the appellant relies. (3) The appellant shall send to the Commissioners along with the Note of Appeal such documentary evidence as he desires to adduce in support of his appeal, and the Note of Appeal shall contain a list of any such documents. final decision 194. (1) Where any such dispute as aforesaid has arisen and Procedure the rules of the Society or branch contain no directions for de- where no ciding the same or the procedure provided in the said rules cannot has been for any reason be observed or where no decision upon any such given. dispute is made within forty days after application to the Society or branch for a decision (provided that in the case of a Society with branches the said forty days shall not begin to run until application has been made in succession to all the bodies entitled to determine the dispute under the rules of the Society or branch, so, however, that no rules shall require a greater delay than three months between each successive determination), the Commissioners shall have power to determine such dispute on application being made to them by the person aggrieved. (2) An application to the Commissioners for a decision under this Article shall be made by Petition to the Commissioners, and the Regulations hereinafter expressed for the settlement of disputes upon Petition to the Commissioners shall apply to the procedure in any Petition under this Article. 195.-(1) An application to the Commissioners for the decision Procedure of a dispute between two or more Societies or between a Society in disputes and an Insurance Committee shall be made by Petition to the Commissioners. between Societies or between (2) The Petition shall set forth concisely the matter or matters Societies and in dispute upon which the determination of the Commissioners Insurance is desired and the facts and contentions upon which the petitioner Committees. relies. (3) The petitioner shall send to the Commissioners along with his Petition such documentary evidence as he desires to adduce in support of his Petition, and the Petition shall contain a list of any such documents. 196. The Commissioners shall as soon as may be after the receipt of any Note of Appeal or Petition send a copy thereof to the respondent. Copy of Petition to 197.-(1) The respondent in any appeal or dispute shall, within ten days after receiving the copy Note of Appeal or respondent. Petition, if so advised, send written Answers thereto to the Commissioners. (2) The Answers shall state whether and to what extent the respondent admits the facts stated in the Note of Appeal or Petition, and shall also contain a concise statement of any further facts and of the contentions upon which the respondent relies. (3) The respondent shall, along with his Answers, send to the Commissioners such documentary evidence as he desires to adduce |