1 907-] 



Agricultural Arbitration. 



i43 



landlord or tenant states objections to the competency of the 

 claim involving questions of law, such as may arise in connec- 

 tion with the nature of the claim, the time when it was lodged, 

 whether it is barred by clauses in lease or agreement providing 

 substituted compensation, or if either party claims for breach 

 of contract or of the conditions of the lease, it may generally 

 be safest to consult a solicitor accustomed to deal with such 

 matters. Having got legal advice, the arbiter should generally 

 without delay announce his decision on the point at issue. This 

 course is preferable to that of waiting till the issue of the award, 

 because (1) it would give parties an opportunity of having a case 

 stated for the opinion of the court on any question of law 

 involved, and (2) it may save the trouble and expense of leading 

 evidence on part of the claim which the arbiter intends to rule 

 out as incompetent. 



5. After disposing of the objections in the manner above 

 suggested, the arbiter, if he has sufficient facts to enable him 

 fairly to dispose of the questions before him, may proceed to 

 issue notes of his proposed award, otherwise, unless parties con- 

 cur in lodging a joint minute of admissions sufficient to enable 

 him to reach a decision, he ought to allow a proof either generally 

 or limited, as the circumstances may require. 



6. After the proof the arbiter may again wish to consult a 

 solicitor. The evidence led may enable the arbiter to deal with 

 objections regarding competency of the whole or part of the 

 claim — objections which could not be dealt with apart from the 

 evidence. For example, there are frequently legal questions 

 regarding the competency at the end of the lease of claiming 

 for breach of the conditions of tenancy. The answer often 

 depends on whether rent has regularly been paid without 

 reservation of claims, or whether the landlord or tenant has 

 acquiesced in the breach. These are matters of fact which 

 could only be ascertained either by the admission of parties or 

 in the course of a proof. Here again the arbiter should be 

 careful to announce his decision on these points before issuing 

 his award, otherwise it may be too late for the parties to obtain 

 a decision of the court on any point of law in dispute. 



It is, of course, essential that the arbiter should deal im- 

 partially, and he should not fail to act in accordance with the 

 following rules : — 



