M'Ewan v. William Baird & Co., Ltd

Held that the Sheriff-Substitute had acted rightly, and that he was not bound to register the memorandum without awaiting the result of the proof in the counter application. Diss . Lord Johnston, who was of opinion that the Sheriff-Substitute was bound to grant warrant to register the memorandum, but that he ought to have superseded extract until his award in the counter application for review was determined.

Opinion (by the Lord President) that the arbiter might also have sisted the application to register until the determination of the application to vary, or, though not so conveniently, might have registered the memorandum but superseded extract until such time as there was a determination in the application to vary or end.

The Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58) enacts—Schedule I (16)—“Any weekly payment may be Page: 431 ↓

Thomas M'Ewan, coal miner, Blantyre, being dissatisfied with a determination of the Sheriff-Substitute ( Thomson ) at Hamilton, acting as arbiter under the Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), in an arbitration between him and William Baird & Company, Limited, coal-masters, Craighead Colliery, Blantyre, appealed by way of stated case.

The Case stated—“The appellant on 20th May 1909 presented a minute craving the Court to grant warrant to the Sheriff-Clerk of Lanarkshire at Hamilton to record a memorandum of agreement, a certified copy whereof was thereto attached, in the special register kept by him in terms of the Workmen's Compensation Act 1906.