1907.] 



Agricultural Arbitration. 



H5 



the arbiter shall, in awarding costs, take into consideration the 

 reasonableness or unreasonableness of the claim of either 

 party, either in respect of amount or otherwise, and generally 

 the whole circumstances of the case, the amount of claim is not 

 of itself material to the question. It all depends on the further 

 question whether additional expense has been needlessly 

 incurred in consequence of the largeness of the claim. The 

 person claiming £200 for artificial manures and receiving £100 

 may be entitled to get all his expenses, where no increase of 

 expense was occasioned by the largeness of his claim. 



5. If a party gets less than he is tendered, he is unsuccessful. 

 If he gets more than he is tendered, he is successful. 



6. If a party refuses to show to the other party vouchers 

 and to give other reasonable facility for checking his claim, he 

 is not entitled to take any advantage from the absence of a 

 tender. 



7. Where both parties are mutually successful, it is not always 

 equitable to make each pay half the expenses of the arbiter and 

 clerk and bear his own expenses. Greater discrimination is 

 frequently necessary, because from the nature of the clairhs, 

 double the expenses may quite properly be required to establish 

 the one claim than the other. For example, an ordinary claim 

 by a tenant may be disposed of on the vouchers and without 

 proof, while a long and expensive proof may be necessary to 

 establish a claim at the proprietor's instance for breach of con- 

 tract or of the conditions of lease. Therefore the proper course 

 is to take into consideration the proportion of the expenses 

 incurred in connection with the respective claims and make 

 the loser pay the expense in connection with the claim in which 

 he was unsuccessful. 



Generally, the person responsible for causing expense should 

 pay for it. Keeping in mind that a party should not be held 

 responsible for expense which he had properly to incur in order 

 to establish his claim in which he has been substantially success- 

 ful, the arbiter has the delicate duty of fixing the responsibility 

 with due regard to all the equities of the case. 



(1620) 



K 



