Page:Halsbury Laws of England v1 1907.pdf/570

 Allotments.

348 Sect.

6.

Under Allotments Acts.

Small Holdings and Allotments Act, 1907, become applicable on January 1, 1908 (/). By that Act when a council proposes to purchase land compulsorily they may submit to the Board of Agriculture and Fisheries an order putting in force as respects the

of the

land specified therein the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement (g). The order must be in a form prescribed by regulations of the Board (h), and must incorporate, subject to the necessary adaptations, the Lands Clauses Acts and sects. 77 to 85 of the Kailways Clauses Consolidation Act, 1845 (^). It must be published by the council, and notice thereof must be given to parties affected. If an objection to the order is lodged with the Board and persisted in, the Board must hold a public inquiry in the locality. The order has no force until confirmed by the Board, but when confirmed conclusive

it is

(k).

The order may provide for the continuance or creation of easements over the land authorised to be acquired, but so that no newly created easement over land hired by a council shall continue beyond the determination of the hiring (1) If, during the course of proceedings for compulsory purchase or hiring, and within six weeks after the amount of compensation or rent to be paid has been determined, it appears to the council that the land cannot be let for allotments at a rent that will secure the council from loss, the council may withdraw the notice to treat, subject to being liable to pay compensation for loss or expenses caused by the notice to treat and the withdrawal. Where a notice of withdrawal is given by the Small Holdings Commissioners acting in default of the county council (m) compensation will be paid out of the Small Holdings Account (n). .

Withdrawal of notice to treat.

A-cquirement of land by-

parish council.

761.

A

parish council that proposes to acquire land compulsorily,

whether by purchase or hiring, must make a representation to the county council, who may, on behalf of the parish council, exercise the powers of compulsory purchase or hiring conferred by the Act of 1907. The order will be carried into effect by the county council, but the land acquired will be assured or demised to the

(/) For the old powers, reference should be made to the Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 3; Allotments Act, 1890 (53 & 54 Vict. c. 65 j, s. 4; and Local Grovernment Act, 1894 (56 & 57 Vict. c. 73), s. 9. ig) SmaU Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 26 (1). (h) Ibid., s. (i)

8

&

26

9 Vict.

(2), c.

and Sched. I., Part L (1). Por these Acts see title Compulsory Purchase and

20.

Compensation. {j) Small Holdings and Allotments Act, 1907

(7 Edw. 7, c. 54), Sched. I., See also title Compulsory Purchase and Compensation, where the procedure on taking land compulsorily is fully treated. In determining the amount of any disputed compensation under an order no additional allowance can be made on account of the taking being compulsory [ibid., s. 26 (5)). {k) Ibid., s. 26 (3). (Z) Ibid., s. 26 (4). (m) See p. 350, post. (n) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), ss. 26 (8),

Part

I. (2), (3),

19.

And

.

(4).

see title

Small Holdings.