Page:Halsbury Laws of England v1 1907.pdf/488

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Agkiculture.

266 Sect.

.

568. Costs are in the discretion of the arbitrator, subject to taxation in the county court and in awarding costs the arbitrator ments to must take into consideration the reasonableness or unreasonableness Agricultural of the conduct of the parties. Holdings. The Board of Agriculture and Fisheries has issued forms for use in arbitrations of this nature (/). Costs. The Arbitration Act, 1889, does not apply to such an arbitration Official forms. unless so provided in an agreement between the landlord and tenant (g) Witnesses giving false evidence before the arbitrator are guilty of perjury (h). If any sum agreed or awarded to be paid to or by a landlord or tenant is not paid within fourteen days after payment becomes due, such sum may be recovered in the county court (i) 1,

Improve-



.

Claims for other matters

than compensation in-

cluded in the arbitration.

569. Where the tenant's claim for compensation is referred to and any sum is claimed to be due to the tenant from

arbitration,

the landlord for breach of contract or otherwise in respect of the holding {k), or to the landlord from the tenant in respect of waste or breach of covenant or otherwise in respect of the holding, the party claiming that sum may by notice given within seven days after the appointment of the arbitrator require that the arbitration shall extend to such claim, and any sum so awarded to be paid by a landlord or tenant will be recoverable in the same manner as compensation under the Agricultural Holdings Acts (1). Sub-Sect.

Landlord

may

obtain charge.

2.

Charge on Holding for Compensation.

A landlord on paying

to a tenant the amount due to him by agreement, or otherwise, for an improvement comprised in the First Schedule to the Agricultural Holdings Act, 1900 [m), or on expending money on drainage under s. 4 of the Agricultural Holdings Act, 1883, may obtain from the Board of Agriculture and Fisheries an order in favour of himself, his executors, administrators, and assigns, charging the holding with repayment of the amount expended, with such interest and by such instalments

570.

statute, custom,

(/) See Encyclopaedia of Forms, Vol. YII., pp. 734—742. Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 2 (8). But if the parties agree to include in the reference matters outside the Agricultural Holdings Acts as well as matters within them, and one award is made dealing with the whole of such, matters, the award maybe enforced nnder s. 12 of the Arbitration Act, 1889 [Re Lloyd and Tooth, [1899] 1 Q. B. 559). (fy)

{h)

Ihid.,

s.

2 (7).

Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 24 ; Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 2 (3). {k) For form of notice of such claim, see Encyclopaedia of Forms, Yol. YII., (?;)

p. 722.

Before Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 2 (3). enactment a landlord could not enforce an award which awarded to him a larger sum than was awarded to the tenant {Re Holmes and Formby, Where an agree[1895] 1 Q. B. 174 and see Re Lloyd and Tnoth, supra). ment between a landlord and tenant provided that, in consideration of the tenant quitting his holding before the end of his tenancy, the landlord would pay him compeAsation in respect of certain matters included in the First Schedule, and also of other matters not mentioned in the Act, th.e amount to be ascertained by two valuers, it was held that the tenant could recover by action in the Higb Court the amount of the valuation {Neiuhy v. Eckersley, [1899] 1 Q. B. 465). {m) See notes (c), (/) and (A;), pp. 260, 261, ante. (J)

this