The Agricultural Holdings {England) Act, 1875. 163 
stances of the case" (§ 33). They may saddle either party with 
the whole of the costs, or with as much or as little as they 
think just. If they decide that the costs shall be paid by the 
parties in unequal proportions, it will be necessary to set forth 
this decision in the award. If, however, they are of opinion 
that each party should pay his own costs, this result may be 
obtained by making no order as to costs. Accordingly the Act 
leaves it to the discretion of the referees or umpire to give or 
withhold any direction as to costs. 
Either party has a right to subject the costs to taxation by 
the Registrar of the County Court, and to appeal to the Judge 
if dissatisfied with the Registrar's taxation (§ 33, sub-sect. 2). 
The costs are defined as those " of and attending the reference, 
including the remuneration of the referee, or referees, and 
umpire, where the umpire has been required to act, and in- 
cluding other proper expenses" (§ 33). 
Appeal from Award. — If no appeal is brought, the award is 
final (§ 36), and payment of the compensation found due may 
be enforced in the mode presently to be explained. But the 
parties may appeal, under certain conditions ; and the referees 
and umpire are treated in this respect as a Court of First 
Instance, whose decision, if it be thought unsound, may be 
reviewed elsewhere. Usually a submission to arbitration under 
statute, or the consequent award, can be questioned by making 
it a rule of Court ; and the rights of the parties thenceforward 
are determined by litigation in the ordinary way. To prevent 
the uncertainty and expense of such litigation in the Superior 
Courts, and to provide a summary and cheap mode of settling 
disputes arising under the Agricultural Holdings Act, there is 
an express prohibition of any resort to a Superior Court (§ 35), 
except upon a point of law under circumstances hereafter to be 
mentioned. 
Jurisdiction of County Court. — The jurisdiction of the County 
Court bet,wecn landlord and tenant is not a wholly new one, 
for by 19 «Sc 20 Vict. c. 108, s. 50, the possession of small tene- 
nents may be recovered by landlords, when the rent is under 
oOl. a-year, by a plaint in the County Court of the district in 
which the premises lie. In cases arising under this Act, neither 
party can require a jury to be summoned as in other actions ; 
but the Judge decides all questions of law and fact. Either 
party mav obtain from the Registrar a summons for witnesses, 
and under this summons require the production of deeds, 
papers, and writings ; and these summonses are served by the 
bailiff. 
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