The Agricultural Holdings {England) Act, 1875. 
159 
Patcers and Duties of Referees. — We have seen that, upon 
delivery of a written appointment to the referee, the party so ap- 
pointing him, or, in a case of a single referee, the parties jointly 
concurring in the appointment, are committed to the reference, and 
cannot afterwards revoke either this " submission" or the appoint- 
ment (§ 25). We have also traced the steps necessary for the 
choice of umpire, before the business of reference is begun. 
Thus we have the tribunal duly constituted and seised of its 
subject. Henceforward it will proceed with its investigation, 
armed with the powers which the Act entrusts to it. The single 
referee, or the two referees or umpire, may proceed in the absence 
of either party, if they think it expedient to do so, after due 
notice given (§ 27). In the matter of evidence they may, at their 
discretion, " call for the production of any sample, or voucher or 
other document, or other evidence, which is in the possession or 
power of either party, or which either party can produce." It is 
somewhat remarkable that the Act provides no penalty for the 
non-production of documents, and no means for enforcing pro- 
duction. But as the non-production of any material sample, or 
voucher or other document, would be sure to tell against the in- 
terests of the party who was required and who failed to produce 
it, and might be held conclusive against his claims, the Legisla- 
ture probably thought that no other penalty or force majeure was 
needed. A greater power than that of merely asking for docu- 
ments is entrusted to the single referee, referees, or umpire ; for 
they may administer oaths and take affirmations, and may require 
the sworn evidence of the parties and other witnesses, and if 
false evidence is given by any person so sworn or affirming, he 
may be indicted for perjury, provided that such evidence is given 
"wilfully and corruptly" (§ 26). 
After taking such evidence as they may deem requisite for 
the determination of the question in issue between the parties, 
the referees have then to make their award, which must be in 
writing, signed by the single referee, or by the two referees, if 
they agree without calling in the umpire (§ 28). The single 
referee, as already stated, must be ready with his award within 
twenty-eight days after his appointment. The same period is 
prescribed where there are two referees, the twenty-eight days 
running, however, from the date of the appointment of the last 
appointed of them. If, however, they concur in thinking that 
more time is necessary to consider their verdict, they are em- 
powered to extend this period, by writing under their joint 
hands, for three weeks, so that their award must be, in any case, 
*' ready for delivery within a time not exceeding forty-nine 
days " after the last appointment of either of them (§ 29, sub- 
