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 Allotments.

339

lands are held partly for the benefit of the poor and partly for other objects, they apply only to such proportion of the whole as the amount of the gross income of the former bears to the entire The Charity Commissioners settle differences as to gross income.

computation

^^ct.

5.

Parochial Charity

Lands,

(s).

745. Where the trustees for any reason think their lands unsuit- Certificate of exemption. able for the purpose of allotments they may apply to the Charity Commissioners for a certificate to that effect, and if such a certificate is granted they need not set apart any land for allotments (t). Public notice of such certificate must be given by fixing a notice on the doors of the parish church, or, if there is no church, on some public building or conspicuous place in the parish {a) The certificate may be revoked for any cause satisfactory to the Commissioners shown by any person entitled to make an application to them ; but until revoked it is final and conclusive (t)..

746. The trustees may, with the approval of the Charity Com- Transfer missioners, transfer their powers to parish councils or their powers, appointees (b), or sell or let the land to sanitary authorities (c). 747. The trustees must set apart such portions of the lands as be most suitable for allotments, and give public notice specifying the situation, extent, and rent of the portions, and the times and

may

of

Duties of trustees.

On applications places for making applications for allotments (d). being received the trustees must forthwith obtain possession of the necessary amount of land, fence it, and let it, and continue to do so until the lands are exhausted or no further applications are made {d). This general rule is subject to the following limitations and direcwhere the whole of the lands cannot conveniently be set tions apart, the trustees need not set apart any portion if the separation may make it impossible to let the remainder without substantial loss if the lands are let on lease, the statutory duty does to the charity not arise until the expiration of the lease if no application for any part be received within the time fixed, the public notice must be repeated once every year {e) lands lying at an inconvenient distance from the residences of cottagers and labourers may be let for the best rent procurable, and the trustees may hire more suitable land in lieu and if part only of the portion set apart is applied for, thereof (/) the remainder may be let in the same manner as unlet allotments (g). The allotments are to be let to persons in the order in which they Order in apply, or in accordance with such order as may be provided by the which appii:









cations to (s)

Allotments Extension Act, 1882 (45

&

be granted.

46 Yict.

c.

80),

s. 8.

Ibid., s. 11. (a) Ibid., sched. (1).

(t)

(&) (c)

p.

Local Government Act, 1894 (56 & 57 Yict. c. 73), s. 14 (1). Under the Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 13 (2),

as to whichsee

349, post.

{d) Allotments Extension Act, 1882 (45 & 46 Yict. c. 80), s. 4. The schedule to the Act prescribes the method, time, and contents of such notice. If the notice is not given within the prescribed time, application must be made to the county court judge for the district or to the Charity Commissioners to extend the time.

Ibid., s. 4. (/) Ibid., s. 5. [g) Ibid., s. 4;

(e)

and seep.

341, post,

z 2