11. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to either party or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the arbitration in lieu of the arbitrators.

Notice.-Form 50, post, Chap. IV.

12. The umpire shall make and sign his award within one month after the original or extended time appointed for making the award of the arbitrators has expired.

13. The time for making an award may from time to time be extended by the Board of Agriculture, whether the time for making the award has expired or not.

Application for extension of time.-Form 51, post, Chap. IV.

Removal of Arbitrator, Evidence, Statement of Case,
Award, Costs, Forms.

14. The provisions of Part I. of these rules as to the removal of an arbitrator, the evidence, the statement of a case, the award, costs, and forms shall apply to an arbitration in accordance with this Part as if the expression "arbitrator” whenever used in those provisions included two arbitrators or an umpire, as the case may require.

F.—Allotments and Cottage Gardens Compensation for Crops Act, 1887 (50 & 51 Vict. c. 26).

[8th August, 1887.]

An Act to provide Compensation to the Occupiers of Allotments and Cottage Gardens for crops left in the ground at the end of their tenancies. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. Short title.] This Act may be cited as the Allotments and Cottage Gardens Compensation for Crops Act, 1887. 2. Extent of Act.] This Act shall not extend to Scotland or Ireland or to the metropolis.

3. Commencement of Act.] This Act shall come into force on the first day of January one thousand eight hundred and eighty-eight, which day is in this Act referred to as the commencement of this Act.

4. Definitions.] In this Act-

"The metropolis" means the city of London and all parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855. Metropolis Management Act, 1855 (18 & 19 Vict. c. 120). "Allotment" means any parcel of land of not more than two acres in extent held by a tenant under a landlord and cultivated as a garden or as a farm, or partly as a garden and partly as a farm.

Land used by a seedsman or market gardener for the purposes of his business is not an allotment within the Act even if it is an area within the limits specified by the Act, and has fruit or vegetables or flowers grown in it. The land must be cultivated as a garden in the ordinary sense of being cultivated to supply food or for pleasure (Cooper v. Pearse, [1896] 1 Q. B. 562 ; 65 L. J. M. C. 95; 74 L. T. 495 ; 44 W. R. 494; 60 J. P. 282).

"Cottage garden

cottage.

means an allotment attached to a

"Holding" means an allotment or cottage garden. "Tenant" means the holder of a holding under a land

lord for any term, and includes the legal personal representative of a deceased tenant.

"Landlord" means the person for the time being entitled to receive the rents and profits of any holding.

"Person" includes a body of persons and a corporation aggregate or sole.

"Contract of tenancy" means the letting of land for any term.

"Determination of tenancy means the cesser of a

contract of tenancy by effluxion of time or from any other cause.

The designations of landlord and tenant shall for the

purposes of this Act continue to apply to the

parties to a contract of tenancy until the conclusion of any proceedings taken under this Act on the determination of a tenancy.

Compare these definitions with those in the Agricultural Holdings (England) Act, 1883 (46 & 47 Vict. c. 61, s. 61), supra, p. 54.

5. Compensation.] Upon the determination of the tenancy of a holding after the commencement of this Act the tenant shall be entitled notwithstanding any agreement to the contrary to obtain from the landlord compensation in money for the following matters and things, that is to say(a) For crops, including fruit, growing upon the holding in the ordinary course of cultivation, and for fruit trees and fruit bushes growing thereon, which have been planted by the tenant with the previous consent in writing of the landlord.

(b) For labour expended upon and for manure applied to the holding since the taking of the last crop therefrom in anticipation of a future crop.

(c) For drains and for any outbuildings, pigsties, fowlhouses, or other structural improvements made

by the tenant upon his holding with the written consent of his landlord.

Consent in writing.-Form 52, post, Chap. IV.

6. Deduction from compensation on account of rent or breach of contract.] In the ascertainment of the amount of compensation payable to the tenant under this Act, any sum due to the landlord in respect of rent or of any breach of the contract of tenancy or wilful or negligent damage committed or permitted by the tenant shall be taken into account in reduction of the amount of compensation.

7. Compensation if not agreed upon to be settled by an arbitrator.] The landlord and tenant may agree upon the amount and time of payment of compensation to be paid under this Act. If in any case they do not so agree, the difference shall be settled by an arbitrator.

8. Appointment of arbitrator.] If the landlord and tenant concur they may within twenty-eight days after the determination of the tenancy jointly appoint such arbitrator. If they do not concur, such arbitrator shall be appointed in the following manner(1) The landlord and tenant or either of them may apply personally or in writing to the justices of the peace, acting for the petty sessional division in which the holding is situated, in petty sessions, and such justices shall upon the receipt of the application appoint one of their number not being interested in the holding, or other competent person not being interested as aforesaid, to act as such arbitrator.

Joint appointment.-Form 53, post, Chap. IV.
Form of application.-Form 54, post, Chap. IV.
Justices' appointment.-Form 55, post, Chap. IV.

(2) If before award the person so appointed dies or becomes incapable of acting or for seven days after his appointment fails to act the justices shall appoint in manner aforesaid another arbitrator.

9. Justices if practicable to appoint person to act as arbitrator without remuneration.] The justices shall in all cases in which it is practicable obtain the consent of the arbitrator to act without remuneration, and in any case in which it is impracticable to obtain such consent they shall direct that the arbitrator shall be paid such moderate sum as they consider will reasonably remunerate him for his time and expenses.

Consent to act without remuneration. - Form 56, post, Chap. IV.

10. Time for commencement of arbitration.] The arbitrator shall proceed to determine any difference referred to him under this Act within seven days after his appointment.

11. Power for arbitrator to administer oaths.] The arbitrator, if he shall consider it desirable or necessary so