Page:Halsbury Laws of England v1 1907.pdf/560

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Allotments.

338 Sect.

4.

Field Gardens.

Exchange

etc.

of lands.

not exceeding an acre each to poor inhabitants of the parish. Further, it is their duty to offer the gardens to the poor inhabitants of the parish at a fair agricultural rent sufficient to satisfy all rates, taxes etc., instead of at such rent as is required by the Inclosure Act, 1845 (l). If still unable to let the allotments to poor inhabitants, they may let them to any person whatever at the best annual rent obtainable, without any premium or fine, and on such terms as may enable the council to resume possession within a period not exceeding twelve months, should they be required for poor inhabitants. These powers and duties are extended to all persons whatever having management of lands allotted to the poor under any public or private Inclosure Act (m)

742. Lands unsuitable or inconveniently situated for field gardens be exchanged for land more suitable or convenient by an order of the Board of Agriculture and Fisheries, on written application by the parish council or the overseers, as the case requires, or by the trustees of the allotment, and by the person willing to exchange the

may

more Jurisdiction of Charity

Commis-

suitable land (n).

743. The provisions with respect to allotments for recreation grounds, field gardens, or other public or parochial purposes contained in any Act relating to inclosure or in any award or order made in pursuance thereof, and any provisions with respect to the management of such allotments contained in such Act, order, or award, may, on the application of any district or parish council interested in such allotment, be dealt with by a scheme of the Charity Commissioners in the exercise of their ordinary jurisdiction, as if those provisions had been established by the founder in the case of a charity having a founder (o). Sect.

Application of parochial

charity lands for allot-

ments.

.

Parochial Charity Lands.

5.

744. Lands held by trustees for the benefit of the poor of any parish or places, and which are not otherwise used for the benefit of the parish as a recreation ground or otherwise for the enjoyment or general benefit of the inhabitants, are available for letting as allotments to cottagers labourers and others {p) Further, the Charity Commissioners are required, where a. scheme is made in relation to any charity and part of the endowment consists of lands (other than buildings or appurtenances thereto), to insert in the scheme a provision authorising the trustees, of the charity to set apart portions of the lands for allotments, and these may be set apart and let as allotments in a similar manner {q).. These provisions do not extend to any lands with regard to which the Allotments Act, 1882, has been put into operation (r) and if the .

,

{I)

(m)

Commons

Act, 1876 (39

&

40 Yict.

26.

c. 56), s.

IMd.

Inclosure Act, 1845 (8 & 9 Yict. c. 118), s. 149. Similar powers are giveiL Act, 1852 (15 & 16 Vict. c. 79), s. 21. (o) Commons Act, 1899 (62 & 63 Yict. c. 30), s 18. (V) Allotments Extension Act, 1882 (45 & 46 Vict. c. 80), s. 4, {n)

by the Inclosure

.

{q) Ibid., {r)

Ihid.,

s.

14.

s. 6,

and

see pp. 333, 334, ante.