Page:Halsbury Laws of England v1 1907.pdf/557

 — Allotments.

335

Sect. 3. 736. Allotments inconveniently situated for the cottagers may Fuel value, equal obtainable, of rent and other land the best for let be and more favourably situated, may be hired (?•) and where the land Allo tments, has been acquired under the Allotments Act, 1832, for the purposes Exchange of that Act, and such purposes cannot be carried into effect, the land and disposal i^^^may be sold, exchanged, let, or otherwise disposed of in the same manner as surplus lands acquired for poor allotments (s). Power to exchange inconvenient land is also given by the Inclosure Act, 1852 (t) and where application is made to the Charity Commissioners for authority to use fuel allotments as a recreation ground or as field gardens, they may, instead, authorise the exchange of such allotments for land of equal value situate within the parish or district and which is better suited for such allotment purposes (a). The provisions above mentioned do not affect the ordinary juris- jurisdiction of diction of the Charity Commissioners to make a scheme in respect Charity Com;



of

any allotment being a charity within Sect.

4.

their jurisdiction

missioners. (b).

Field Gardens.

737. The Board of Agriculture and Fisheries (c) is empowered, as Description a term and condition of inclosure, to appropriate land as allotments and creation, or field gardens for the labouring poor, and when this is not done The the annual report of the Board must state the reason (cZ). Board may, if they think fit, specify in any provisional order for the regulation of a common, as one of the terms and conditions of the regulation, the appropriation of allotments for the labouring poor, and thereupon the provisions of the Inclosure Acts, 1845 to 1876, with respect to allotments will apply. Further, at the meeting for appointing a valuer of lands about to be inclosed the persons present may resolve upon instructions to the valuer, not inconsistent with the terms and conditions of the provisional order and of the Act of inclosure, for the appropriation of parts of the lands proposed to be inclosed for {inter alia) allotments The land appropriated or field gardens for the labouring poor (e). must be that which is best suited for the purpose (/) it must be rendered fit for immediate use and occupation, and the expenses and it thereof are part of the general expenses of inclosure (g) must be appropriated unto the churchwardens and overseers of the poor (h) who hold the allotments as if they were lands belonging to the parish, but in trust for the purposes for which they are allotted.



,

(r)

Allotments Act, 1832

(2

&

3 Will. 4,

c.

42),

s. 9.

& 37 Vict. c. 19), s. 15 ; and see p. 333, ante. {t) 15 & 16 Yict. c. 79, s. 21. (a) Commons Act, 1876 (39 & 40 Vict. c. 56), s. 19. (6) Poor Allotments Management Act, 1873 (36 & 37 Vict. c. 19), s. 16; see also Commons Act, 1876 (39 & 40 Vict. c. 56), s. 19 ; Commons Act, 1899 (62 & 63 Vict. c. 30), s. 18. (c) Board of Agriculture Act, 1889 (52 & 53 Vict. c. 30), s. 2 (1) (b) ; Board of Agriculture and Fisheries Act, 1903 (3 Edw. 7, c. 31). (d) Inclosure Act, 1845 (8 & 9 Vict. c. 118), s. 30. (s)

Poor Allotments Management Act, 1873 (36

(e)

Ihid.,

(/)

s.

34.

Commons

Act, 1876 (39

(g) Ibid., s. 21. (h) Inclosure Act,

1845

(8

&

&

40 Vict.

9 Vict.

c.

c.

56), s. 23.

118),

s.

73.