Stewart v Williamson
| Jurisdiction | Scotland |
| Judgment Date | 13 July 1909 |
| Docket Number | No. 187. |
| Date | 13 July 1909 |
| Court | Court of Session |
Lord President, Lord Kinnear, Lord Pearson.
LeaseOutgoing and IngoingTaking over of stockArbitrationValuation of sheep stockAgricultural Holdings (Scotland) Act, 1908 (8 Edw. VII. cap. 64), sec. 11 (1).
The Agricultural Holdings (Scotland) Act, 1908, sec. 11 (1), enacts:All questions which under this Act or under the lease are referred to arbitration shall, whether the matter to which the arbitration relates arose before or after the passing of this Act, be determined, notwithstanding any agreement under the lease or otherwise providing for a different method of arbitration, by a single arbiter in accordance with the provisions set out in the Second Schedule to this Act.
The lease of a farm provided that the tenant should, at the expiry of the lease, leave the sheep stock on the farm to the proprietors or incoming tenant according to the valuation of men mutually chosen, with power to name an oversman.Held that the valuation of the sheep stock was referred to arbitration, and that consequently sec. 11 (1) of the Act applied, and the value of the stock fell to be determined by a single arbiter in accordance with the provisions of the Act.
On 7th May 1909 John Stewart, farmer, Fordie, near Crieff, brought an action in the Sheriff Court at Perth against Colonel David Robertson Williamson, of Lawers, the proprietor of the pursuer's farm, with reference to the value of the sheep stock to be left by the pursuer on the farm at the expiry of his lease. The pursuer craved the Court to ordain defender to appoint an arbiter who shall, along with an arbiter to be named by pursuer, determine the sum to be paid to the pursuer by the defender as the value of the said sheep stock, with power to the arbiters to name an oversman; and in the event of the defender failing, within such period as the Court shall appoint, to concur in entering into such reference, as adjusted if necessary by the Court, to appoint two arbiters for the purpose, and with the powers above specified; and to find the defender liable in expenses.
The lease under which the pursuer was tenant of the defender's farm of Fordie was for five years, and expired at Whitsunday 1909. It contained the following clause:The said John Stewart hereby binds and obliges himself at the expiry of this lease to leave the sheep stock on the farm to the proprietors or incoming tenant according to the valuation of men mutually chosen, with power to name an oversman; but the proprietors or incoming tenant shall not be bound to take a larger amount of stock than the tenant has been in the usual practice of keeping on the farm during this lease.
The pursuer averred that the incoming tenant would not accept the obligation of the lease, but would take the sheep stock at market value only, and that the pursuer informed the defender of this, and requested him to name an arbiter to act in terms of the lease, but that the defender refused or delayed to concur in choosing arbiters.
The pursuer pleaded;The defender being bound in terms of his bargain to concur with the pursuer in having the sheep stock valued by men mutually chosen, and having refused or delayed to do so, decree ought to be granted as craved.
The defender admitted that he refused to concur in appointing arbiters, and referred to section 11 of the Agricultural Holdings (Scotland) Act, 1908.* He averred:The valuation of the sheep stock and the quantity of stock that should be taken over under the lease are questions referred to arbitration within the meaning of said section 11, and fall to be determined in terms thereof. This Court has therefore no power to appoint arbiters. The defender is willing and offers to refer the question to a single arbiter to be nominated by the Board of Agriculture in accordance with the provisions of the said Schedule.
The defender pleaded;The application is incompetent, in respect that the provision in the lease as to arbitration has been superseded by the said Act, and the application should therefore be dismissed, with expenses to the defender.
The Sheriff-substitute (Sym), on 24th May 1909, pronounced an interlocutor finding that it was incumbent on the defender to nominate a person of skill to value, along with a person to be nominated by the pursuer, the sheep stock which...
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