Page:Halsbury Laws of England v1 1907.pdf/558

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Allotments.

336 Sect.

4.

Field

Gardens, '

of Agriculture and Fisheries may on the application and before his award is made substitute other land for and the Board also has power to order that originally allotted (i) the allotment to be made out of common, being waste land of a manor, instead of out of common which is not waste land of a

The Board

of the valuer



manor (k). The appropriated allotment may not be used

for any other purposes than those declared concerning it by the Act of Parliament and the award, or either of them, under which the same has been set out (Q.

Management.

738. In any rural parish having a parish council the allotments are

managed by the parish

council {m), and in any parish that

has no parish council are managed, until December 31st, 1907, by "allotment wardens," consisting of the incumbent of the parish or in which the allotment is situated, or the nominated for the time being by the incumbent for that purpose, one of the churchwardens for the time being of the parish, and two ratepayers of the parish, any two of whom may exercise the statutory powers {n). The allotment wardens may transfer their powers to sanitary ecclesiastical district officiating minister

authorities or to parish councils (o) The term "parish council" is hereinafter used to include "allotment wardens " in cases where the latter still remain the managing body. Eeports at intervals fixed by the Board of Agriculture and Fisheries must be made by the parish council as to the field gardens under their management ( p)

On and wardens "

after will

January

1st,

1908, the powers of

"allotment having a

cease, and, in the case of a parish not

parish council, the powers and duties as to the management of the allotments will be exercised and performed by persons appointed by the parish meeting (q). And from that date the provisions of the Allotment Acts, 1887 to 1907 (r), will apply to such allotments as if they had been acquired by the parish council under the general powers of the Allotments Acts, 1887 and 1890 (s). Provisions as to letting.

739. The parish council are required to let the allotments in gardens not exceeding a quarter of an acre each to poor inhabitants Eents, either for one year or from year to year as they think fit {t).

(i) In closure Act, 1846 (9 & 10 Yict. c. 70), s. 4, extended by the Act, 1876 (39 & 40 Vict. c. 56), s. 22. {k) Commons Act, 1876 (39 & 40 Yict. c. 56), s. 23.

Commons

(0 I hid., s. 19. (ml Local Government Act, 1894 (56 & 57 Yict. c. 73), s. 6 (4). [n) Inclosure Act, 1845 (8 & 9 Yict. c. 118), s. 108. (o) Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 13 (1). ip) Commons Act, 1876 (39 & 40 Yict. c. 56), s. 28. (q) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 23 (1). (r) These Acts are the Allotments Act, 1887 (50 & 51 Yict. c. 48), the Allotments Act, 1890 (53 & 54 Yict. c. 65), and the Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54). For their provisions generally, see pp. 341 et seq.,post. For (s) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 23 (2). the general powers referred to, see pp. 344 et seq., post. (t) Inclosure Act, 1845 (8 & 9 Yict. c. 118), s. 109. For form of agreement for letting, see Encyclopaedia of Forms, Vol. I., p. -444.