First Previous (SEVENTH SCHEDULE. Form of Descriptive Return.)

30 1923



Provisions as to Determining Amount to be Paid for Articles Requisitioned.

Section 180 .

1. Subject to provisions of this Schedule an application to a County Court Judge for a certificate shall be made in manner provided by Rules of Court, and shall be heard by the Judge without a Jury, and his decision shall not be subject to appeal.

2. Subject to the provisions of this Schedule and to Rules of Court, the Judge shall on such application act in accordance with the law regulating, and shall have the powers attaching to, the exercise of his ordinary jurisdiction.

3. The amount fixed by the certificate shall be such amount as appears to the County Court Judge to be the fair market value of the article requisitioned on the day on which it was required to be furnished as between a willing buyer and a willing seller, and where the owner of a carriage or horse has been required to deliver it at a distance from his premises shall include such sum as the Judge may consider reasonable to cover the cost of such delivery.

4. No Court fees shall be payable on the application, but the Judge may, if he thinks fit, order either party to pay such sum as he may consider proper by way of costs to the other party, which sum shall be added to or deducted from the amount fixed by the County Court Judge as the value of the article requisitioned, and the amount to be included in the certificate shall be adjusted accordingly.

5. If the amount already paid by the Minister exceeds the amount specified in the certificate, the County Court Judge shall certify the amount of the excess and shall order the amount so certified to be paid to the Minister, which order shall be enforceable in like manner as a decree or judgment of a County Court Judge.