The Affricultural Holdings {England) Act, 1875. 161 
will be a sinecure ; and he is not likely to be appointed by the 
Inclosure Commissioners, or by the County Court, without being 
aware of what is proposed, and consenting to the appointment. 
But if he has been appointed by the referees without his sanc- 
tion, and if from this or any other cause he refuses or fails to act, 
no machinery is provided for compelling him to act or for sub- 
stituting a fresh umpire. Death or incapacity are the only two 
incidents recognised as empowering the referees to appoint a 
successor to the umpire they have chosen ; and neither the 
Inclosure Commissioners nor the County Court seem to be able 
to interfere in such a case. An awkward dead-lock may there- 
fore occur, unless the consent of the umpire is secured before 
appointment, especially if he be a non-professional person. 
Tlie Award. — This must be in writing, signed by the single 
referee, or the two referees, or the umpire, as the case may be 
(§ 28). The different periods at which it must be ready for 
delivery have already been explained. We must remember that 
the award may have to deal with counter-claims by landlords as 
well as with claims by tenants ; and, under the Act, it will not 
be enough to give a lump sum for compensation generally : the 
award must specify " as far as reasonably may be " — 
(1.) The improvements, acts, or th'ngs for which compensa- 
tion is awarded (§ 32) ; 
(2.) The time at which each such improvement, act, or thing, 
was executed, committed, or permitted (ib.) ; 
(3.) The time at which each improvement, for which com- 
pensation is given, becomes, for the purposes of the award, 
exhausted (§ 31) ; 
(4.) The sum laid out by the tenant on each improvement 
(§ 32) ; 
(5.) If the landlord, at the time of the consent given to a 
first-class improvement, was not an absolute owner, the extent 
to which such improvement adds to the letting value of the 
holding (ih.) ; 
(6.) The sum awarded in respect of each improvement, act, 
or thing {ib.) ; 
(7.) A day, not sooner than one month after delivery of the 
award, for the payment of the money awarded for compensation, 
costs, or otherwise * (§ 34). 
The Act makes it imperative on the referees or umpire to 
find and state (3) the time at which each improvement becomes 
exhausted (§ 31), and also (7) to fix a day for payment of the 
* These directions will no doubt impose more work upon the valuers, and will 
demand greater accuracy in the accounts of the fanner ; and hence may arise some 
VOL. xir. — S. S. M 
