Page:Halsbury Laws of England v1 1907.pdf/554

 — Allotments.

332 Sect.

1,

In General.

Present authorities.

poor allotments fuel allotments (2) gardens (3) field parochial charity lands and (5) lands acquired for allotments under the Allotments Acts, 1887 and 1890, the Local Government Act, 1894, and the Small Holdings and Allotments Act, 1907 (b). With the exception of a few allotments which have not been transferred to the local authority by the trustees in whom they are vested, all allotments, together with the powers and duties respecting them, are vested in district or parish councils (c). (1)





(4)

Sect. Description.

2.

Poor Allotments.

728. Poor allotments are those parish lands possessed or acquired by the poor law authorities (d) under the Poor Eelief Act, 1819 (e), or by the inclosure of waste or common land in or near the parish under the Poor Eelief Act, 1831 (/), or by the inclosure of any forest or waste Crown lands in or near the parish under the Crown Lands Allotment Act, 1831

Acquisition.





(g),

729. The powers under these statutes were made exercisable by the overseers of the poor or the poor law guardians under the control of the Local Government Board (li) though inclosures under the two statutes of 1831 are not now valid unless (1) specially authorised by Act of Parliament, or (2) made to or by any Government department, or (3) made with the consent of the Board of Agriculture and Fisheries (i) In giving or withholding their consent the last named Board must have regard to the same considerations and, if necessary, must hold the same inquiries as are directed by the Commons Act, 1876 (Q, with reference to applications under the Inclosure Acts(m).

.

the context otherwise requires, the expression

allotment includes a field garden." Allotments Eating Exemption Act, 1891 (54 & 55 Yict. c. 33), s. 2 " 'Allotment means any parcel of land of not more than two acres in extent and let as an allotment, and cultivated as a garden or a farm, or partly as a garden and partly as a farm." Local Government Act, 1894 (56 & 57 Yict. c. 73), s. 9 (16) In this section the expression allotment includes common pasture where authorised to be acquired under the Allotments Act, 1887." This sub-section is repealed as from January 1st, 1908 (the Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 47 (4) and Sched. II.). (b) 50 & 51 Vict. c. 48 53 & 54 Yict. c. 65 56 & 57 Yict. c. 73 7 Edw. 7, c. 54. See pp. 341 et seq., post. (c) This is effected for the most part by the Local Government Act, 1894 (56 & 57 Yict. c. 73), ss. 9, 10; the Allotments Act, 1887 (50 & 51 Yict. c. 48), the Allotments Act, 1890 (53 & 54 Yict. c. 65), s. 4; and the Small Holdings s. 3 and Allotments Act, 1907 (7 Edw. 7, c. 54). See title Local GovEmsrMENT. {d) For present authorities, see title Poor Law. (e) 59 Geo. 3, c. 12, ss. 12 and 13, extended by the Poor Eelief Act, 1831 '

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(1

& 2 Will. 4, c. 42), s. 1. (0 1 & 2 Will. 4, c. 42, (g) 1 & 2 Will. 4, c. 59.

s. 2.

(h) Union and Parish Property Act, 1835 Government Board Act, 1871 (34 & 35 Yict. c.

(5

&

70),

6 Will. s.

4, c. 69), s.

4; Local

2.

Board of (0 Commons Act, 1899 (62 & 63 Yict. c. 30), s. 22 (1) and Sched. L Agriculture Act, 1889 (52 & 53 Yict. c. 30) Board of Agriculture and Fisheries Act, 1903 (3 Edw. 7, c. 31). (0 39 & 40 Yict. c. 56, ss. 10, 11, 12. (m) Commons Act, 1899 (62 & 63 Yict. c. 30), s. 22 (2) see title Commons.