Page:Halsbury Laws of England v1 1907.pdf/487

 Part

Y.

— Compensation.

265

and consent must be in writing. The county court has remove an arbitrator for misconduct (s).

revocation,

power

to

564. The evidence of the parties must, and that of witnesses may, be given on oath or by affirmation, which the arbitrator may administer or take the arbitrator may also order production of samples and documents by the parties.

The arbitrator may on request, and must if so directed by the county court, state a case for the opinion of the county court on any question of law arising in the course of the arbitration and an appeal lies from the county court to the Court of Appeal (t).

Sect.

1.

Improve-

ments to Agricultural Holdings. Evidence.

Case stated.



565. A single arbitrator must make and sign his award within Time for twenty-eight days of his appointment or such longer period as the making award. Board of Agriculture and Fisheries may (whether the time for making the award has expired or not) direct (a). Two arbitrators must make and sign their award within twenty-eight days of the appointment of the last appointed of them or on or before any later day to which they may by writing signed by them (h) enlarge the time for making the award, not being more than forty-nine days from the appointment of the last appointed of them. If the arbitrators allow their time to elapse without making an award, or deliver to either party or the umpire a notice in writing that they cannot agree (c), the umpire may enter on the arbitration. He must make and sign his award within one month after the original or extended time for making the award of the arbitrators has expired, unless the time is extended by the Board of Agriculture and Fisheries. 566. The award must be in the form prescribed by the Board (d), and must fix a day not sooner than one month or later than two months for payment of any money or costs awarded. If requested by either party the arbitrator must specify in the award the amount awarded for any particular improvement. If a claim be made in respect of an improvement executed after

Contents of award.

the determination of the tenancy, but while the tenant lawfully occupies part of the holding, the arbitrator may, if he think fit, make a separate award in respect of such claim {e).

567. The award is final, but may be corrected by the arbitrator in Award respect of any clerical error or accidental slip, or set aside by the county court for misconduct on the part of the arbitrator or if the arbitration or award has been improperly procured. (s) For the rules of practice in the county court with regard to arbitrations and awards under the Agricultural Holdings Acts, see County Court Eules, Ord. 40, and title County Courts, post. See Eules (t) Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50), s. 2 (6). of the Supreme Court, Ord. 58, r. 20. (a) For application to the Board to extend time, see Encyclopaedia of Forms, Yol. VIL, p. 742, Form 221. (h) See Encyclopsedia of Forms, p. 733, Form 212. (c)

(d) (e)

Ibid., p. 733, Ibid., p. 734,

Form 213. Form 214.

Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50), s. 2 (2), (4). For form under such circumstances, see Encyclopoedia of Forms, Vol.

of notice of claim

VII., p. 721.

final