32 The Agricultural Holdings (^England) Act, 1883. 
Appointment of Umpire hj Land Commissioners or County 
Court (§ 10). — Either the landlord or the tenant can require 
that the umpire shall be appointed bj the Land Commissioners. 
The referees will generally be men in the district, and the same 
rule will apply to referees or umpires appointed by the County 
Court. There may be reasons why, in the opinion of one of the 
parties, it would be better to have an umpire unconnected with 
the locality ; and if so, an appointment by the Land Commis- 
sioners would no doubt meet this view, though the expense 
might thereby be increased. The Land Commissioners are 
old friends under a new name, conferred by statute in 1882,* and 
the same duties were entrusted to them by § 23 of the Act of 
1875. If either party desires that the umpire shall be ap- 
pointed by the Land Commissioners instead of by the referees, 
he must give notice in writing to the other side in informing 
him of the appointment of a referee. It will be necessary also 
to give the same notice to the referee on appointing him, or he 
with his colleague may proceed to choose the umpire under 
§ 9. If either party desires, as a middle course, an appointment 
of the umpire by the County Court, avoiding a choice by the 
referees or the Land Commissioners, this object, again, may be 
accomplished by a notice given to the other side when the 
referee is appointed, provided that both parties consent. Thus, 
there are more than the proverbial three courses open in this 
matter, for an umpire may be appointed : — 
1. By the referees, if both sides consent (§ 9). 
2. By the County Court, on application from either side, if 
the referees fail to make the appointment. This is an absolute 
power vested in the Court in the contingency mentioned, and is 
not open to objection (§9). 
3. By the Land Commissioners, on application from either 
side ; and here also either side has an absolute right to require 
this mode of appointment (§ 10). 
4. By the County Court, on application from either side, 
unless the other side objects (§ 10). 
5. In the latter case, on application from the party so object- 
ing, by the Land Commissioners (§ 10). 
It will be seen that, as under the Act of 1875, suitors may 
require that the umpire shall be chosen by the Land Commis- 
sioners in the case of an original appointment ; but if once 
the referees are allowed to appoint, any substituted umpire 
* " The Commissioners now bearing tlio tlirco several styles of the Inclosuro 
Oommissioners for England and Wales, and tlie t^opyhold Commissioners, and tho 
Tithe (Commissioners for England and Wales, shall, by virtue of this Act, become, 
and shall lie styled, the Land Commissioners for England." — Settled Land Act, 
1882, s. 48. 
