TTie Agricultural Holdings {England) Act, 1883. 33 
can only be chosen by tbem, or, falling them, by the County 
Court. 
In the exercise of this jurisdiction, relating to the appoint- 
ment of referees and umpires, the Judge of the County Court is 
to act, whether he is without or within his district ; or, by 
consent of the parties, the registrar (§ 11). " County Court " 
here and elsewhere means " the County Court within the district 
whereof the holding, or the larger part thereof, is situated " (§ 61). 
Poicers of Referees. — We now have a tribunal duly constituted 
in one of four different ways, for it may consist either of 
a single referee, of two referees, of two referees sitting with an 
umpire, or of an umpire sitting alone. This is the same 
tribunal as was created in 1875, and the powers given to it are 
also exactly similar. Its first duty appears to be to give notice 
to the parties of its intended sitting. After such notice, it may, 
at its discretion, proceed in the absence of either party (§ 14). 
Presumably a view of the holding would be the first business 
which the Court would take in hand. For ensuring proper evi- 
dence, it may " 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," and 
which it deems necessary for determining the matters referred. 
But, like the corresponding section of 1875, § 13 provides 
no penalty for the non-production of documents ; the tribunal 
is left with the empty power of calling for them and nothing 
more. Such a power may of itself suffice, as the non-production 
of any material sample or document might of itself be regarded 
as conclusive against a claim. The Court may administer 
oaths and take affirmations ; and any parties or witnesses who 
" wilfully and corruptly " give false evidence will be guilty of 
perjury. Large powers are therefore possessed by the tribunal 
for arriving at the facts. 
The Award. — This must be in writing, signed by the single 
referee, or by the two referees, or by the umpire (§ 15). If a 
single referee acts, his award must be ready for delivery within 
twenty-eight days after his appointment. If there are two 
referees, it must be ready for delivery within the same period 
after the appointment of the referee last appointed ; but they 
may extend the twenty-eight days to forty-nine days from this 
date, or to any shorter period, if both concur in thinking such 
extension of time necessary, and jointly fix the time in writing 
Should the referees agree upon an award, they have an obvious 
and usual means of recovering their fees by requiring that these 
should be paid before parting with their award. If, however, 
they disagree, and have no award ready within the period just 
VOL. XX. — S. S. D 
