Page:Halsbury Laws of England v1 1907.pdf/571

 ;

Allotments.

349

If the county council parish council, who will pay all expenses (o). refuse to proceed on a representation being made to them, the parish council may petition the Board of Agriculture and Fisheries, who may, after inquiry, make such an order as the county council might

have made

^"^ot. 6.

Under Allotments Acts,

(p).

762. Land cannot be acquired compulsorily, either by purchase General or hiring, which at the date of the order forms part of any park, ^^^^^^^^^^^^ garden, or pleasure ground or forms part of the home farm attached acquisition to and usually occupied with a mansion house, or is otherwise of land, required for the amenity or convenience of any dwelling-house, or which is woodland not wholly surrounded by land acquired by a council, or which is the property of any local authority, or has been acquired by any corporation or company for the purposes of a railway, dock, canal, water, or other public undertaking, or is the site of an ancient monument, or other object of archaeological interest

(q).

A

council in making, and the Board in confirming, an order must have regard to the extent of land held or occupied in the locality by any owner or tenant, and to the convenience of other property of such persons, and must, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner or tenant, or displacing any considerable number of agricultural labourers or No holding not exceeding others employed on or about the land. fifty acres nor any part of such holding can be acquired compulsorily by an order under the Act of 1907 (r). Land must not be acquired save at such price or rent that, in the opinion of the council, all expenses, except those of making public roads, incurred in acquiring the land or otherwise in relation to the allotments may reasonably be expected to be recouped out of the rents obtained in respect thereof (s). Superfluous or unsuitable land may be sold, let, or exchanged by Surplus the council, with the sanction of the county council {t).

763. Allotment wardens under the general Inclosure Acts, having the management of land appropriated under those Acts for allotments or field gardens, may by agreement with the district council transfer the management of such land to the council, upon such terms and conditions as may be agreed with the sanction (as regards the wardens) of the Board of Agriculture and Fisheries and such land thereupon vests in the council (a). Trustees under the Allotments Extension Act, 1882 (&), may, instead of letting their allotments to labourers, sell or let such land (o)

Small Holdings and Allotments Act, 1907

(7

Edw.

7, c. 54), s.

26

(7).

Ip) Ibid.

30 (1). 30 (2), (3). (s) Allotments Act, 1887 (50 & 51 Vict. the term " reasonable rent " is there given. Iq) Ibid., s. (r) Ibid., s.

{t)

Ibid.,

(a) Ibid., c.

30),

s.

s.

48),

s.

2

(2).

An

explanation of

11.

s.

13.

2 (1) (b),

See also Board of Agriculture Act, 1889 (52 & 53 Vict, of Agriculture and Fisheries Act, 1903 (3 Edw. 7,

and Board

c. 31). (6)

c.

See pp. 333—338, ante.

land,

(5) Transfer

^^^^^^^^ ^^ustees!^^