Page:Halsbury Laws of England v1 1907.pdf/567

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Allotments.

Land in the to be made for affording access to the special Act (g). Duchy of Lancaster may be sold for the purpose of allotments (Ji).

345 Sect,

6.

Under Allotments

756. Where a council are unable to obtain land on reasonable terms by agreement, they may acquire land by compulsory hiring or purchase {i). Under the Local Government Act, 1894, a parish council may be invested by the county council with power to hire land compulsorily ( and the Local Government Board may confer a like power of hiring compulsorily on the council of a municipal borough, including a county borough, or other urban district (A;) but these provisions will be superseded when the extended powers conferred by the Small Holdings and Allotments Act, 1907, come into operation. Under this Act where a council other than a parish council (l) propose to hire land compulsorily, they may submit to the Board of Agriculture and Fisheries an order providing for the compulsory hiring of the land specified in the order for a period not less than fourteen nor more than thirty-five years. The provisions as to the compulsory purchase of land by a council (m) will apply to the order with the substitution of the word "hiring" for ''purchase/' and the order must, further, determine the terms and conditions of the hiring other than the rent, and, in particular, must provide for the insertion in the lease of covenants by the council to cultivate the land in a proper manner, and to pay to the landlord at the determination of the tenancy compensation for depreciation, and, unless otherwise agreed, the usual lessee's covenants the order must not, except with the consent of the landlord, confer on the council any right to fell or cut timber or trees, or any right to take, sell, or carry away any minerals, gravel, sand, or clay, except so far as may be necessary or convenient for the purpose of erecting buildings on the land or otherwise adapting the land for allotments, and except upon payment of compensation for minerals, gravel, sand, or clay so used. The amount of rent, compensation etc., will, in default of agreement, be determined by a single valuer appointed by the Board of Agriculture and Fisheries (n). An order will not be effective unless and until it is confirmed by the Board, who may confirm it with or without modifications.

Por a form of con{g) Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 3 (1). veyance to a district council of land for allotments, see Encyclopaedia of Forms, Vol. L, p. 451. (h) Ihid. Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 178. (i) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 22. (j) 56 & 57 Vict. c. 73, s. 10, which section will be repealed as from

January

1,

1908.

& 57 Vict. c. 73), s. 33. a parish, council proposes to hire land compulsorily they must act through the county council, as in the case of a compulsory purchase. See {Jc)

(/)

Local Government Act, 1894 (56

Where

post, p. 348.

(m) See

post, p. 347.

Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 26 (2), and Sched. I., Parts I. and 11. Eeference should be made to these schedules for full details as to the compulsory hiring of land. The expression " landlord" when used in relation to land compulsorily hired means the person for the time being entitled to receive the rent of the land from the council (n)

^"",s.46

(2)).

Acts. (3)

Compul-

sory hiring.