THE AGRTCULTUr.AL HOLDINGS ACT. 47 



Sees. 20—44 provide for the method of procedure for tlie recovery of 

 cUiiins and counter-clfiims under t1ic Act. 



Firstly, the tenant must give one month's notice to tlie landlord that 

 he intends to make a claim under the Act, and the landlord may at any 

 time after receipt of notice of claim before determination of the tenancy 

 or fourteen days thereafter, give notice of counter-claim. The parti- 

 culars of the claim and counter-claim, as far as they reasonably can, arc 

 to be stated in the notices. 



It is difficult to see why the words " as far as they reasonably can " 

 are inserted. If a tenant intends to seek compensation under the Act, 

 he ought to keep an accurate account in detail of what he has expended 

 in this respect, and the qualification added would seem to encourage 

 parties to make additional demands at the trial. 



The landlord and his tenant may settle their differences themselves ; 

 if not, they must go to a reference. 



If the parties agree, they may appoint jointly a referee : if not, each 

 shall appoint a referee ; and the two referees before they enter on the 

 reference shall appoint an umpire : if they fail to appoint within fourteen 

 days the County Court shall appoint an umpire. But in cases where 

 two referees are appointed, either party may, on giving notice to the 

 other in writing, require that the umpire shall be appointed either by 

 the Inclosure Commissioners or the County Court. The registrar may, 

 by consent of the parties, exercise the powers of the Court. 



The same powers are given to the referee, referees, or umpire as are 

 usually given to an arbitrator as regards administering oaths to wit- 

 nesses, production of documents, *&c. 



A single referee must make his award within twenty-eiglit days after 

 his appointment ; but two referees have power to extend their time, pro- 

 vided it be done jointly in writing, up to forty-nine days. If two referees 

 fail to make their award within the appointed time, their authority 

 ceases, and the matters then stand referred to the umpire, who must 

 make his award within twenty-eight days of his appointment as arbitrator, 

 or within such time as the registrar of the County Court may appoint. 



The award is not to award a sum generally for compensation, but 

 must specify in detail the class under which each sum is awarded and 

 the amount of each improvement, together with the time at which it 

 was expended. 



The costs of the reference are to be paid by the parties in such 

 proportion as the referees or umpire shall direct. 



In cases where the amount claimed exceeds £50 either party may 

 within seven days after delivery of the award, appeal to the Judge of 

 the County Coui't, on the grounds— 



