Page:Halsbury Laws of England v1 1907.pdf/562

 Allotments.

340 Sect.

5.

Parochial Charity

Lands.

Management.

rules hereinafter mentioned, so that no undue preference shall be shown as regards the persons to whom they are let (Ii) but where the lands are situated in or adjoining to several parishes, preference is to given to the cottagers and labourers being inhabitants of the parish or place for the benefit of the poor of which the lands are so held (i).

748. The trustees, or a majority of them, may make, revoke, and vary such rules as may be necessary for regulating the appointment and powers of local managers of the allotments, whether as tenants or agents of the trustees or otherwise, and for preventing the allotments being built upon or sublet, and for preventing any undue preference in letting, and generally for giving effect to these proviThe rules may be disallowed by the Charity Commissioners, sions. and public notice must be given of them and a copy supplied gratis Any four cottagers to any cottager or labourer demanding the same. or labourers, or any of the trustees, if aggrieved by such rules, or by the want of rules, or by any omission therefrom, may apply to the Charity Commissioners, who may make the necessary orders to remedy the complaint (k). If the trustees neglect in any way to perform their duties, any four or more cottagers and labourers who would be entitled to rent allotments may, after due notice to the trustees of their neglect (to be specified in the notice), apply to the Charity Commissioners, who may thereupon issue their order for remedying the grievance, and such order is enforceable by attachment as for contempt of court (Z).

Provisions as to letting.

749. Each allotment is to be let free of all charges and outgoings w^hatsoever, and for the purpose of rates, taxes, tithes and tithe rent-charges, the trustees are to be deemed the occupiers thereof. The rent is to be such as land of the same quality is usually let for in the parish, with such addition as will satisfy tithe, tithe rentcharge, rates, taxes and outgoings, including the expense of getting possession, and of allotting, dividing and fencing the portion set apart, and collecting the rents, and any sum payable for such draining of, and means of approach to, the allotments as may be The letting is limited to one acre to each person. necessary. Buildings may not be erected on the allotment, and if any are erected the trustees must pull them down, sell the materials, and if they were rents (m). rent for an allotment, and the possession of an allotment after notice to quit {n) or other failure to deliver up possession as required by law, may be recovered by the trustees, or in the case of the appointment of local managers by such managers, in the same way as in the case of field gardens (q).

apply the proceeds as Eecovery of rent and

Any

(h)

Allotments Extension Act, 1882 (45

(i)

Ibid.,

s. 7.

{k)

Hid.,

s. 9.

46 Yict.

c.

80), sched. (6).

Ibid., s. 10. For the manner of enforcing such order, see title Ohahities. (m) Ibid., s. 13. Eor form of agreement for letting, see Encyclopaedia of Forms, Vol. I., p. 445. {n) For form of notice to quit, see Encyclopaedia of Forms, Yol. I., p. 469. Iq) See p. 337, ante, and AUotments Extension Act, 1882 (45 & 46 Yict. c. 80), 12, which applies sects. 110 and 111 of the Inclosure Act, 1845 (8 & 9 Yict. c. 118). {I)

s.

&