The Agricultural Holdings (^England) Act, 1875. 
157 
to attend at the Judge's or Registrar's chambers, and, unless 
cause to the contrary be shown by the party summoned, the 
appointment asked lor by the applicant will be made by the 
Court and endorsed on the summons. 
Appointment of Umpire. — Two referees having been chosen, 
whether by the parties or by the County Court, their first duty, 
before entering on the reference, is to appoint an umpire, and such 
appointment must be in writing (§ 22, sub-sects. 7 and 10). If 
they fail to make this appointment witliin seven days after request 
from either party^ — and such failure will usually occur, no doubt, 
through difference of opinion between the two referees — the 
County Court, upon the application of either party, will choose 
" a competent and impartial person " as umpire (sub-sect. 9). 
Such application, under the County Court Orders, will be by 
summons, and follow exactly the course just explained, to be 
taken upon application to the Court for the appointment of a 
referee. There seems to be an omission of any machinery for 
requiring the umpire to make his award ; but, in case of death 
or incapacity before award, his place may be filled by the 
referees, or on default by them, by the County Court (sub- 
sect. 8). 
In appointing an umpire or referee, the Judge of the County 
Court may act, whether he is at the time without or within his 
district ; and, by consent of the parties, the Judge's powers in 
making either of these appointments under the Act may be exer- 
cised by the Registrar of the Court (§ 24). Delay may often be 
avoided and expense saved if the parties can agree to leave the 
appointment with the Registrar. 
Instead of leaving the choice to the referees, either party has 
the option of requiring that the umpire shall be appointed either 
by the Inclosure Commissioners or by the County Court. This^ 
option must be exercised on the appointment of the referee ; it 
must be notified in writing to the other party, and the most 
convenient course will be to do so in the same notice which is 
necessary for intimating the appointment of referee (§ 23, sub- 
sects. 1 and 2). The case can only arise where two referees are 
to act, and the landlord or tenant, or their respective agents, may 
convey the notice in this form — 
" Sir, — I hereby give you notice that, pursuant to the pro- 
visions of the Agricultural Holdings (England) Act, 1875, 1 
have appointed \^fill in name and address of referee'] to act as. 
[my] referee in the reference under the said Act between [us] 
[or between A. B. and C. D., names of landlord and tenant]. I 
hereby give you further notice that, under the powers contained in 
