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Allotments.

344 Sect.



6.

Under Allotments

may

provide allotments up to five acres each in extent, and with the consent of the county council may adapt for letting and let as an allotment land exceeding five acres (t).

Acts.

Sub-Sect. Methods of acquisition.

1.

Methods of Acquisition.

753. The necessary land for allotments may be acquired by a council in several ways, namely (1) by hiring by agreement (2) by purchase by agreement (3) by compulsory hiring (4) by compulsory purchase (5) by obtaining a transfer of appropriated lands from allotment wardens and trustees and (6) in the case of a council of a borough, urban district, or parish, by purchasing or hiring from the county council land acquired by the latter for

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small holdings (1) Hiring by agreement.

(a).

754. Under the Allotments Act, 1887, land may be hired, but only agreement, and at such rent as, in the opinion of the council, will enable all expenses incurred to be recouped out of the rents to be obtained from the tenants of the allotments (b). A person who has power to lease land for agricultural purposes (c) may lease land to a council for the purposes of allotments for a term not exceeding thirty-five years, either wdth or without such right of renewal as is

j^y

conferred in the case of land hired compulsorily (d). Glebe land or other land belonging to an ecclesiastical benefice may be leased by the incumbent with the consent of the Ecclesiastical

Commissioners

(e).

755. Land for allotments may be purchased by agreement, and for (2) Purchase by agreement, this purpose the Lands Clauses Consolidation Act, 1845 (/), and the amending Acts are incorporated with the Allotments Act, 1887, except the provisions with respect to the purchase and taking of land otherwise than by agreement, and with respect to the provisions {t)

(a)

Small Holdings and Allotments Act, 1907

For small holdings,

see that

(7

Edw.

7, c. 54), s.

21

(1).

title.

Por form (&) See Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 2 (1) and (2). of a lease of land to a parish council, see Encyclopaedia of Forms, Vol. I., p. 453. (c) JE.g., a mortgagor or mortgagee in possession, by virtue of the Conveyancing and Law of Property Act, 1881 (44 & 45 Yict. c. 41), s. 18. As {d) Small Holdings and AUotments Act, 1907 (7 Edw. 7, c. 54), s. 28 (1). to the right of renewal, see p. 346, post. Land belonging to the Crown, the Duchy of Lancaster, or the Duchy of Cornwall may be leased for allotments s.

28 (2)).

Ibid., s. 28 (3). Where glebe land or other land belonging to an ecclesiastical benefice is hired by a council, the provisions of the Ecclesiastical Dilapidations Act, 1871 (34 & 35 Yict. c. 43), will not during the continuance of the tenancy be applicable to buildings upon the land, and at the determination of the tenancy the incumbent may, under certain conditions, remove any buildings which have been erected for the purpose of adapting the land for allotments, and may dispose of the materials thereof (Small Holdings and Allot(e)

Sect. 10 of the Local Government (7 Edw. 7, c. 54), s. 29). Act, 1894 (56 & 57 Yict. c. 73), which enables a parish council to hire land for allotments by agreement, and, on the authorisation of the county council, compulsorily, will be, repealed on January 1st, 1908, when the Small Holdings and For the Allotments Act, 1907, comes into operation (see s. 47, sched. IL). provisions of the latter Act as to compulsory hiring, see post, p. 345.

ments Act, 1907

(/)

8

&

9 Yict.

c.

18.