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1. A party who desires a person of skill and experience in the matter to which the proceedings relate to be appointed as an assessor to assist the judge shall, before the beginning of a period of eleven days ending on the day fixed for the hearing, on notice to the other party lodge in the Office an application together with the amount of the assessor's fee, and thereupon the chief clerk shall send a copy of the application to the judge.
2.—(1) Before giving his decision on the application, the Judge may hear both parties.
(2) If the judge grants the application, the chief clerk shall give notice to the parties and shall appoint such person who is willing to act as may be agreed upon by the parties or in default of agreement as may be specified by the judge.
3. If the application is refused, the chief clerk shall so inform the parties.
4. If at the time and place appointed for the hearing the assessor appointed does not attend, the judge may hear the action or matter without his assistance.
5. Every assessor shall; unless the judge in the circumstances of any particular case otherwise orders, receive for each day's attendance a fee according to the following scale, together with such sum for his expenses as the judge or chief clerk shall order—
Where the amount claimed— | Amount of fee |
---|---|
Does not exceed £20 | £2.10 |
Exceeds £20 and does not exceed £50 | £4.20 |
Exceeds £50 and does not exceed £100 | £6.30 |
Exceeds £100 | £8.40 |
6. Where a hearing at which an assessor is in attendance is adjourned, the party who applied for the appointment of an assessor shall forthwith upon the order of adjournment being made deposit in the Office the assessor's fee for the day to which the hearing is adjourned.
7. Any sum paid in respect of assessor's fees shall be costs in the proceedings, unless the judge otherwise orders.
8. This Order shall not apply to an appeal under section 28 of the Pilotage Act 1913(1).
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