Page:Halsbury Laws of England v1 1907.pdf/486

 Agriculture.

264 Sect.

compensation, the difference must be settled by arbitration (e), in accordance with the provisions, if any, of any agreement between ments to the landlord and the tenant, and in default of and subject to any Agricultural such provisions, in accordance with the following provisions (/). 1.

Improve-

Holdings.

Appointment of arbitrator.

Two tors

arbitra-

and an

umpire.

All references after 1908 to a single arbitrator.

561. In default of agreement between the parties (g) the arbitrator nominated by the Board of Agriculture and Fisheries (h). If the parties agree in writing (?) that there shall not be a single If for arbitrator, each of them must appoint an arbitrator (/c). fourteen days after notice by one party to the other to appoint an arbitrator, or another arbitrator (l), the other party fails to do so, the appointment will be made by the Board of Agriculture and Fisheries on the application of the party giving the notice. Where two arbitrators are appointed they must, before entering on the arbitration, appoint an umpire (m). If for seven days after request from either party (n) the arbitrators fail to appoint an umpire, he may be appointed by the Board. will be

562. After January 1, 1909, all questions as to statutory compensation or arising under the contract of tenancy of an agricultural holding which are referred to arbitration must, at whatever date the question arose, and notwithstanding any agreement to the contrary, be determined by a single arbitrator in the manner above mentioned

Removal

of arbitrator.

(o).

an arbitrator

dies, or is incapable of acting, or for seven days after notice requiring him to act fails to act {p), a new arbitrator may be appointed (cj). The appointment of an arbitrator cannot be revoked except by consent (?•). Every such appointment, notice,

563.

If

A

(e) claim for such compensation cannot be made the subject of a set-off or counterclaim in an action brought by the landlord against the tenant for rent or breach of covenant {Gaslight and Coke Co. v. Holloimy (1885), 52 L. T. 434 Schofield v. Hincks (1888), 60 L. T. 573). (/) These provisions are contained in the Second Schedule to the Agricultural Holdings Act, 1900. For arbitration generally, see title Arbitration, post. (g) For form of agreement, see Encyclopaedia of Forms, Yol. YIL, p. 722. (h) For form of appointment by parties of a smgle arbitrator, see Encyclopaedia of Forms, Yol. YIL, pp. 724, 725. clause in a lease referring certain questions of compensation under the ('/) lease to two arbitrators is not an agreement in writing that there shall not be a single arbitrator if questions arise as to compensation under the Agricultural Holdings Acts and such questions must, therefore, be determined by a single arbitrator (Ogihy v. EUrot (1905), 7 F. (Ct. of Sess.) 1115). See Encyclopaedia of Forms, Yol. YII., p. 726, Form 200. (/c) See Encyclopaedia of Forms, Yoh YII., pp. 727, 728, Forms 202, 204. (l) Ibid., p. 726, Fonn 201. (m) I hid., p. 731, Form 209. Where an agreement for a tenancy provided that the rights of the parties thereunder should be adjusted on the determination of the tenancy by two arbitrators, and such arbitrators were appointed, but the landlord refused to allow his arbitratoi- to appoint an umpire, it was held that, as the arbitration was under the agreement and not under the Agricultural Holdings Acts, the Board of Agriculture and Fisheries had no power to appoint an umpire, and an award made by an umpire appointed by the Board was altogether void (Re Cundall and Vavasour (1906), 95 L. T. 483). (n) See Encyclopaedia of Forms, p. 730, Form 208. (o) Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 1 (2). (p) See Encvclopaedia of Forms, Yol. YIL, p. 731, Form 210.

A



.

iq) (r)

lUd.,

p. "727,

Form

Ihid., pp. 729, 730,

203.

Forms

206, 207.