Page:Halsbury Laws of England v1 1907.pdf/572

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Allotments.

350 Sect.

6,

Under Allotments Acts.

upon terms to be agreed upon with the sanction of the Charity Commissioners. In both these cases the provisions of the Allotments Act, 1887, became applicable as if the land had been acquired under that Act (c).

to a council,

764. A county council may sell or let to a borough, urban district, or parish council for the purpose of allotments any land acquired by land for small them for small holdings, and a borough, urban district, or parish holdings and allotments. council may sell or let to the county council for the purpose of small holdings any land acquired by them for allotments. The provisions of the Lands Clauses Consolidation Act with respect to (6) Inter-

change of

the sale of superfluous land will not apply on any such sale, and where land acquired for allotments is so sold the proceeds of sale must be applied to discharging the liabilities of the council in respect of such land or in acquiring other land for allotments any surplus may be applied for any purpose for which capital money may be applied which is approved by the Local Government

Board Common pasture and grazing rights.

(d).

765. The powers of a council to acquire land for allotments include power to provide common pasture (e), and to acquire land for the purpose of attaching grazing and other similar rights to allotments provided by them(/). Any rights so created or acquired by a council must be attached to the allotments in such manner and subject to such regulations as the council think expedient

Enfranchise-

ment and redemption of charges.

766. Expenses incurred by a council in the enfranchisement of land acquired for allotments or in the purchase or redemption of land tax, quit-rent, chief-rent, tithe or other rent-charge, or other perpetual annual sum issuing out of the land, are deemed to have been incurred in the purchase of the land (h), Stjb-Sect.

Default of

county council.

(g).

2.

Procedure

to

Compel Defaulting Authorities.

767. Under the Small Holdings and Allotments Act, 1907, the Board of Agriculture and Fisheries is to appoint a body to be entitled the Small Holdings Commissioners (i), and if the Board are, in relation to any urban district (other than a borough) or rural parish, satisfied, after holding a local inquiry (j) at which the county council and the council of the district or parish, and such other Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 13. SmaR Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 32 Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 11. And see title Commons. (e) Allotments Act, 1887 J50 & 51 Yict. c. 48), s. 12. (/) SmaU Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 31 (1). (c)

{d)



(V) Th'd., s. 31 (2). [h) Ibid., s. 46 (3). (i)

Ibid.,

s. 1.

Eor the

constitution, powers,

and proceedings

of the

Commis-

Small Holdings. Anything required to be done by or to the Commissioners may be done by or to any one Commissioner, and any document purporting to be signed by a Commissioner shall be received in evidence without sioners, see title

proof of the appointment or handwriting of the Commissioner {ibid., s. 41). the (j) Eor the purpose of an inquiry the Board and the Commissioners have same powers as the Local Grovernment Board have for an inquiry under the Public Health Acts {ibid., s. 42). And see title Public Health.