And that the defendant do also pay to the registrar of this Court on or before the the sum of £ for plaintiff's costs.

4. Order for Warrant of Execution (168).

5. Præcipe for Execution when the Society has sued or been sued by an

Individual Representative.

against the goods of the

Issue execution for £ [name of the society] on whose behalf the above-named A. B. [or C. D.] was made defendant [or plaintiff] in this action.

6. Warrant of Execution against the Goods (169).

If the order be for the rendering of an account, or for the delivery up of property, it will be enforced by warrant of attachment for contempt, under O. 25. The forms of proceedings in such case are given at p. 207.

The trustees of the society may sue upon the bond given as security by the defaulting officer, under sub-sec. 1 of sec. 20 (for due accounting and paying over moneys), in lieu of the summary remedy of an application to the Court.

7. Particulars for Plaint to settle Disputes between the Society and its Members. (Sec. 22.)

N.B.-The particulars are to state concisely the nature of the dispute and the relief or order which the plaintiff claims (O. 41, r. 3).

The plaintiff as an aggrieved member of the [name of society] which is a society duly registered under [or entitled to the benefit of] the provisions of the Friendly Societies Act, 1875, demands the settlement of a dispute which has arisen between him and the committee of management of the said society.

The nature of the dispute in question is that the plaintiff alleges and the said committee denies that he has been improperly expelled from the said society, and is no longer entitled to the benefits provided for a member by the rules thereof.

[Or, that the plaintiff alleges and the said committee denies that he is entitled to receive from the funds of the said society the sum of £- for relief during

sickness for - weeks, ending on the, under the rules thereof.] The plaintiff claims that he may be reinstated as a member of the said society, so that he may receive the benefits provided by the rules thereof. [Or, the plaintiff claims an order for payment to him by the treasurer of the said society of the said sum of £- for relief during sickness as aforesaid.]

The formal heading-i.e. the description of plaintiff and defendants— will correspond with form 2; then state that "the action is brought to settle the dispute referred to in the particulars delivered herewith."

9. Order.

Upon hearing this action, at a Court this day holden, it is adjudged in reference to the dispute mentioned in the plaintiff's particulars that he (the plaintiff) has been improperly expelled from membership of the Society, and that he is entitled to all the benefits which a member is entitled to under the rules thereof: and it is ordered that the plaintiff shall be reinstated a member of the said society: and it is also ordered that Mr., the treasurer of such society, do on or before the pay to the registrar of this Court the sum of £- for the plaintiff's costs.

[Or, that the plaintiff is entitled to receive from the funds of the Society the sum of £- for relief during sickness, under the rules thereof,

for weeks ending on the

of

And it is ordered that Mr. the treasurer of such society, do on or before the pay to the registrar of this Court the said sum of £- for the use of the plaintiff, together with £for costs.]

The provisions of the Industrial and Provident Societies Act, 1876, and the Building Societies Act, 1874, in relation to proceedings against officers for not accounting, paying over moneys and delivering up property, and with regard to disputes, being very similar to those under the Friendly Societies Act, 1875, the foregoing forms, with the aid of Mr. PittLewis's summaries, may be easily moulded to serve as precedents for proceedings under the two first-named Acts, and the procedure up to the hearing will be the same as in ordinary actions, except this, that all questions will be decided by the Judge without a jury and his decision will be final and not subject to appeal.

Industrial and Provident Societies and Building Societies are wound up under the Companies Acts, 1862 and 1867.

SECTION 4.—THE AGRICULTURAL HOLDINGS (England) Act, 1883.

The Act of 1875 applied only to a holding either wholly agricultural or wholly pastoral or in part agricultural, and as to the residue pastoral, or that was not of less extent than two acres (sec. 58). This Act was repealed (except as to existing rights) by sec. 62 of the present Act, the Interpretation clause of which defines a "holding" as "any parcel of land held by tenant;" but by section 54 the Act is not to apply to a holding that is not either wholly agricultural or wholly pastoral, or in part agricultural, and as to the residue pastoral, or in the whole or in part cultivated as a market garden, or to any holding let to the tenant during his continuance in any office, appointment, or employment held under the landlord. Judge Price (circuit 32) recently held that a cottage and three roods of land was a holding within the present Act (L. T., 19 June, 1886, page 131).

Proceedings to obtain the Appointment of a Referee or Umpire. (Sec. 9.) 1. Application for Appointment of Guardian of an Infant, or Person of Unsound Mind, or next Friend of a Married Woman for the Purposes of the Act. (Secs. 25 and 26.)

The Agricultural Holdings (England) Act, 1883.

In the matter of [state the matter, e.g of an application to appoint a referee [or umpire] with respect to the compensation claimed by A. B., tenant, against C. D., landlord.]

I, A. B., of -, being a person interested in the above matter, do hereby

apply for the appointment of E. F., of, to act as a guardian of the abovenamed C. D., who is an infant without a guardian [or is of unsound mind, not so found by inquisition].

[Or, for the appointment of E. F., of to act as the next friend of the above-named C. D., who is a married woman],

for the following purpose of the above Act, namely [state sume concisely].

2. Appointment of Guardian or Next Friend.

,

Upon the application of A. B., of a person interested in the above matter. It is ordered, with the assent now given of —, E. F., of ——, that he (the said E. F.) shall be, and he is hereby appointed to act as a guardian of the above-named C. D., who is an infant without a guardian [or is of unsound mind, not so found by inquisition].

[Or to act as the next friend of the above-named C. D., who is a married woman],

for the following purpose of the above Act, namely

3. Summons for Appointment of a Referee or Umpire. (O. 40, r. 7.)
The Agricultural Holdings (England) Act, 1883.

In the County Court of — holden at

In the matter of an application to appoint a referee with respect to the compensation claimed by A. B., tenant, against C. D., landlord. You are hereby summoned to attend before His Honour the Judge in chambers, on day, the 18-, at in the noon, for the purpose of proceeding with the appointment of a competent and impartial person to be a referee to act with Mr. E. F., of, the referee appointed by the said A. B. for the purpose of settling the amount and mode and time of payment to him of the compensation aforesaid.

Given under the seal of the Court this

To the above-named C. D.

day of

,

18-. Registrar of the Court.

This summons was taken out by the above-named A. B.

Rule 7 of Order 40 provides that the application may be made to the registrar unless either party by notice requires it to be taken by the Judge. The author ventures to express an opinion that in this respect the rule is invalid, because the Act itself enables "the Court" only to inake the appointment (sub-sec. 6 of sec. 9), unless both parties consent to the appointment being made by the registrar (sec. 11).

4. Affidavit in Support of Summons.

The Agricultural Holdings (England) Act, 1883.

In the County Court of

holden at

In the matter of an application to appoint a referee with respect to compensation claimed by A. B., tenant, against C. D., landlord.

I, A. B., of make oath, and say:

1. On the

day of —, 18—, I became tenant to one C. D., of of a farm, containing acres of land, or thereabouts, and called situate at within the district of this Court. Such farm consisted wholly of agricultural (or pastoral) land [or was in part agricultural, and as to the residue pastoral land, or in whole or in part cultivated as a market garden], the lease [or agreement] creating such tenancy is now produced to me and is marked A.

day of

2. The said tenancy expired [or was determined] on the 18-, and I was thereupon entitled to obtain from the said C. D., as compensation under the above-mentioned Act, for improvements made by me on

my said holding, such sum as fairly represented the value of the improvements to an incoming tenant. Such improvements were as follows:

[Describe them in the words of the first Schedule to the Act, and stating when necessary that they were made with the written consent of, or after notice in writing, to the landlord.]

day of

18-, I gave notice in writing to the said C. D.

3. On the requiring payment by him to me of £

,

as the amount of compensation for

the said improvements, and that the same should be paid by three equal monthly instalments of £on the day of -next, the and the -day of next. The said C. D. afterwards offered to pay me the sum of

day of

day of

in discharge of my said claim, but I refused to accept the same. 4. On the last I applied to the said C. D. to concur with me in the appointment of a single referee to settle the difference between us, but he declined to do so.

5. By writing, under my hand, dated the

day of last, I appointed

E. F., of as a referee on my behalf, and on the same day I gave notice in writing of such appointment to the said C. D., but he has hitherto failed to appoint a referee. Such appointment, and a copy of the said notice, are now produced to me, and marked respectively B and C.

5. Notice of Affidavits to be Used on the Summons.

Take notice that the above-named A. B. intends on the hearing of the summons in the above matter to read as evidence in support of the appointment thereby asked for the following affidavits [of which copies are herewith delivered] viz. :

18-, and the several

The affidavit of the said A. B., sworn on the day of affidavits of G. H., I. J., and K. L., sworn respectively on the To the above-named C. D., and

Mr. E. F., his solicitor.

6. Notice to the Registrar of either Party's Desire for Hearing of the Application before the Judge, (0. 40, r. 7.)

I, the undersigned, the said A. B. [or C. D.] hereby give you notice that I desire that the application relative to the appointment of a referee to act with E. F., a referee appointed on behalf of the said C. D., for the purpose of settling the amount, and mode and time of payment, of the compensation payable to the said A. B., for improvements created by him upon his holding as tenant to the said C. D., shall be heard before the Judge.

Dated

18-. 2

N.B.-The above notice is framed in deference to rule 7 of Order 40, but it will of course not be required when the application is originally appointed to be heard before the Judge.

7. Consent to the Application being heard by the Registrar. (Sec. 11.) We, the undersigned, the said A. B. and C. D., hereby consent to the exercise by the registrar of this Court of the power given to the Judge by sub-sec. 6 of sec. 9 of the above Act, relative to the appointment of a referee to act with E. F., a referee appointed on behalf of the said C. D., for the purpose of settling the amount and mode and time of payment, of the compensation payable to the said A. B., for improvements created by him upon his holding, as tenant, to the said C. D. Dated

(Signed)

8. Order Appointing a Referee.

A. B.

C. D.

Upon the hearing this day of the above application, and upon reading the affidavit of A. B., sworn on the and the documents therein referred to, namely the lease [or agreement], marked A, the appointment of a referee

solicitor for

&c. (being a &c.,

marked B, and the notice marked C; and after hearing Mr. the said A. B. and Mr. solicitor for the said C. D., I do by this order, under my hand and the seal of the Court, appoint G. H.. of competent and impartial person) to be a referee to act with E. F., of a referee appointed on behalf of the said A. B. for the purpose of settling the amount and mode and time of payment of the compensation, payable under the said Act, for the following improvements made by the said A. B. upon his holding of a certain farm &c. [as in the affidavit] as tenant to the said C. D., namely [set out the improvements as in the affidavit.

If costs are awarded to the applicant, add:

And I do further order that the said C. D. do, within seven days from the date hereof, pay to the said A. B. his costs of the proceedings in this Court in relation to the appointment hereby made [or that the costs of the proceedings in this Court, in relation to the appointment hereby made, shall be borne and dealt with in such manner as the said referees or their umpire shall think fit]. Given under my hand, and the seal of the Court, this day of, 18—.

Judge.

Proceedings to obtain the appointment of a referee in the events mentioned in sub-secs. 4 and 6 of sec. 9, or of an umpire, under sub-secs. 8 and 9, may be framed from the foregoing examples.

9. Applications by the Umpire to the Registrar to extend the Time for
making Umpire's Award. (Sec. 18.)

I, the undersigned G. H., of, being the umpire appointed by the referees in the above matter, hereby apply for an extension [or a further extension] of the time appointed for making my award, which time will expire on the day of next.

In accordance with the foregoing application, I hereby extend [or further extend] the time for the making by the said G. H. of his award until the day of

Dated

18.
18-.

Registrar of the Court.

11. Application by a Party to the Reference.

I, the above-named A. B. or C. D. hereby apply for an extension [or further extension] of the time appointed for the making of his award in the above matter by G. H. of - &c., the umpire appointed by the referees, which time will expire on the day of

18

(The registrar may require proof by affidavit of the notice given to the umpire, under sec. 18.)

Taxation of Costs of the Reference. (Sec. 20.)

12. Application to Tax.

The Agricultural Holdings (England) Act, 1883.

I, A. B. of [or C. D. of

-] one of the parties to a reference under the above Act apply for the taxation by you of the costs thereof [or of the remuneration of E. F. and G. H., the referees, or J. K., the umpire].