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Held that the Sheriff-Substitute had rightly refused to record the memorandum tendered in respect that it did not in fact correctly set out the agreement made between the parties.
This was an application under the Workmen's Compensation Act 1906 (6 Edw. VII, cap. 58), at the instance of Angus M'Lean, seaman, 110 Houston Street, Glasgow, in which he sought to have recorded a document purporting to be a memorandum of an agreement come to between him and his employers, the Allan Line Steamship Company, Limited. The Sheriff-Substitute ( Fyfe ) having refused the application, a Case for appeal was stated.
The facts were—“(1) The appellant, whilst in the respondents' employment as a seaman on board their s.s. ‘Hibernian, on 7th March 1911, sustained injury by accident arising out of and in the course of his employment, and he was thereby totally incapacitated from following his occupation.
“(2) The amount of compensation payable to appellant under the Workmen's Compensation Act was agreed upon at 13s. 9d. per week, and that is still being paid.
(3) On 17th August the appellant signed a stamped document in the following terms:—“ First Payment .
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