158 The Agricultural Holdings {England) Act, 1875. 
the Act, I require that the umpire in such reference, and any 
successor to him, shall be appointed by the Inclosure Commis- 
sioners for England and Wales, [or by the County Court of the 
district, holden at \_fill in place]. Dated the day of , 
18 ." 
A distinction exists with regard to this option, and it must 
not be lost sight of. If the choice of umpire is remitted to the 
Inclosure Commissioners by the action of either party, the other 
can raise no objection. If, however, either party desires to 
invoke the County Court, the other may dissent by notice in 
writing from the interference of this tribunal, and thereupon the 
County Court will be ousted of its jurisdiction. But the way to 
the appointment of umpire will not be blocked, because, on the 
application of either party, the Inclosure Commissioners are 
bound to appoint one, and their choice cannot be prevented or 
disputed (§ 23, sub-sects. 1 and 2). 
Thus the choice of umpire may be made in several ways : — 
(1) by the referees, upon agreement by them, if the parties do 
not give notice to the contrary in naming their respective referees ; 
(2) by the County Court, on the application of either party, in 
case the referees disagree, or in default of appointment by them ; 
(3) by the Inclosure Commissioners absolutely, at the option of 
either party, if such option be signified in writing to the other 
on the original appointment of a referee ; and (4) by the County 
Court, upon the same option, similarly signified, if the other side 
does not object ; or, in the event of such objections, (5) by the 
Inclosure Commissioners. As the jurisdiction of the Inclosure 
Commissioners under § 23 only arises if either party invokes it 
on the appointment of a referee, it would seem to follow that the 
power of the Commissioners to appoint successors to umpires 
applies only in cases in which the umpires were originally chosen 
by them, and that they cannot, therefore, be properly asked to 
replace umpires who were chosen by the County Court or the 
referees. But it has already been shown that the County Court 
is empowered, under sub-sect. 9, to step in and appoint an 
umpire in default of such appointment by the referees ; and we 
have therefore the small anomaly that suitors may require the 
Inclosure Commissioners to choose an umpire, in preference to 
the County Court, where it is an original appointment, or follows 
an original appointment by the Commissioners ; but when the 
parties have once allowed the referees to make the original 
appointment, any substituted umpire can only be appointed by 
the referees, or, failing them, by the County Court, and neither 
party can go to the Inclosure Commissioners. 
