Page:Halsbury Laws of England v1 1907.pdf/569

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Allotments.

347

mining, or other industrial purposes, or for roads, necessary therefor, the landlord may resume possession of the land or part thereof upon giving to the council twelve months' previous notice in writing of his intention so to do if a part only of the land is resumed the rent payable by the council for the remainder will, in default of agreement, be determined by valuation (x). If, however, the land has been hired compulsorily by the Small Holdings Commissioners acting in default of a county council (a), any question as to resumption by the landlord must be determined by an arbitrator appointed by the Lord Chief Justice of

Sect.

6.

Under Allotments



England

{b).

759. On the determination of a tenancy of land hired, whether Compensation compulsorily or by agreement, the council will, on quitting the land, ^gjj^^^^^^" be entitled (subject in the case of land hired by agreement to any agreement to the contrary) to compensation under the Agricultural Holdings (England) Acts, 1883 to 1906 (c), for any improvement in respect of the planting of standard or other fruit trees or fruit bushes permanently set out, or of the planting of strawberry plants or of the planting of asparagus, rhubarb, and other vegetable crops which continue productive for two or more years and in respect of any of the following improvements which were necessary and proper to adapt the land for allotments, namely, the erection, alteration or enlargement of buildings, the formation of silos, the laying down of permanent pasture, making and planting of osier beds, making of water meadows or works of irrigation, making gardens, making or improving roads or bridges, making or improving watercourses, ponds, wells, or reservoirs, or works for the application of water power or for supply of water for agricultural or domestic purposes, making or removal of permanent fences, planting hops, planting orchards or fruit bushes, protecting young fruit trees, reclaiming waste land, warping or weiring of land, embankments and sluices against floods, the erection of wirework in hop gardens, and drainage {d). In the case of land hired compulsorily the compensation will be such sum as fairly represents the increase (if any) in the value to the landlord and his successors in title of the land due to such improvements (e)

.

760. Though land can be purchased compulsorily under either the Allotments Act, 1887, or the Local Government Act, 1894, the powers under these statutes will cease to operate when the provisions (x) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 33 (1). The valuer will be appointed by the Board of Agriculture and Fisheries, who will fix bis remuneration {ibid., ss. 33 (1), 43 (3)). (a) See p. 350, post. All (&) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 33 (2). questions referred to arbitration under the Act will, unless otherwise expressly provided, be determined by a single arbitrator in accordance with the Agricultural Holdings (England) Acts, 1883 to 1906 {ibid., s. 43 (1)). For these Acts The remuneration of the arbitrator will be fixed by the see title Agrictiltuke. Board {ibid., s. 43 (3)). (c) See title Agriculture. (d) Agricultural Holdings Act, 1900 (63 & 64 Vict. c. 50), sched. I. (27); and Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 35 (2). (e) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 35 (2) ),

(4)

Compui-

^ory purchase,