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.

Allotments.

337

terms and conditions are in the discretion of the council, provided they are not inconsistent with statutory provisions, but the Board of Agriculture and Fisheries may frame regulations for this purThe gardens are to be let free of tithes, rates, taxes and pose. the like, which are payable by the council, who for this purpose are regarded as the occupiers. Periodical valuations of the gardens must be made by valuers appointed by the council (u). Buildings may not be erected on the allotments, and if they are the council must pull them down, sell the materials, and apply the proceeds in the same way as rents are to be applied (a). Provision is made for the determination of tenancies by notice (^) when rent is in arrear or the conditions of tenancy violated, and also for the giving of compensation to outgoing tenants (c). Possession may be recovered against an occupier holding over or unlawfully possessing by proceedings before justices {d).

Sect.

4.

Field

Gardens.

740. Eents are payable to the parish council, who have all usual Rents and ^^^^'^ remedies for their recovery as if they were landlords (e). Surplus Jf^^jj' rents are applicable to improving the field gardens in the same parish or neighbourhood, or maintaining the drainage and fencing thereof, or to hiring or purchasing additional land for field gardens (/) towards the redemption of land tax or other like or for any of the purposes for which charges on the gardens (g) surplus rents arising from recreation grounds may be applied (/?), which will include the improvement of recreation grounds in the same parish or neighbourhood, or the maintenance of the drainage and fencing thereof, or the hiring or purchasing of additional land for recreation grounds in the same parish or neighbourhood (^) Surplus rents arising from recreation grounds may also be applied to the purpose of improving the field gardens in the same parish or neighbourhood, or maintaining the draining and fencing of the same, or in hiring or purchasing additional land for field gardens {j).



Compensation money received by the churchwardens and overseers of a parish in respect of any allotment for field gardens taken under statutory powers by a railway company or the like, is to be applied in the same manner as surplus rents arising from field gardens

(k).

741. If unable to let the allotments on the terms above mentioned, Unlet the parish council may let them, or any portion of them, in gardens (u) Inclosure Act, (a)

1845

(8

&

9 Yict.

c.

118),

s.

109.

Ibid.

For form of notice to quit, see Encyclopaedia of Forms, Yol. I., p. 469. Inclosure Act, 1845 (8 & 9 Yict. c. 118), s. 110. (d) Ibid., s. 111. See also Small Tenements Recovery Act, 1838 (1 & 2 Yict. For form of notice of intention to apply to justices for recovery of c. 74), ss. 1, 2. possession, see Encyclopaedia of Forms, Yol. I., p. 470. See title Magistrates. (e) Inclosure Act, 1845 (8 & 9 Yict. c. 118), s. 112. /) Commons Act, 1876 (39 & 40 Yict. c. 56), s. 27. g) Commons Act, 1899 (62 & 63 Yict. c. 30), s. 16 (2). {h) Ibid., s. 16 (1). {i) Commons Act, 1876 (39 & 40 Yict. c. 56), s. 27. Commons Act, 1876, s 27. ij) Commons Act, 1879 (42 & 43 Yict. c. 37), s. 2 {k) Commonable Eights Compensation Act, i882 (45 & 46 Yict. c. 15), s. 3. (b) (c)



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