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.

Allotments.

351

persons as the person holding the inquiry may, in his discretion, think fit to allow, shall be permitted to appear and be heard (k), that the county council have failed to fulfil their obligations under the Allotments Act, 1890, as amended by the Act of 1907 (l), the Board may by order transfer to the Commissioners all or any of the powers of the county council under the Allotments Act, 1890, as amended by the Act of 1907, in relation to the district or parish, and those Acts will then apply as if references to the Commissioners were substituted for references to the county council, and with such other adaptations as may be made by the order {m). Any land acquired by the Commissioners in pursuance of the order will be vested in the Board, but the Board may transfer the land to the council at whose expense the land was acquired, on payment of all sums due from the council in connection therewith, and on the Board being satisfied that the council are willing to exercise and perform their powers

and duties in relation thereto

Sect.

6.

Under Allotments Acts.

(n).

768. When a representation has been made to an urban district Default of council or to the council of a rural parish, by any six registered district or parish parliamentary electors or ratepayers resident in the district or council. parish, that allotments are required, and the council have failed to take steps to acquire land and provide allotments, the applicants may refer the matter to the county council, and that council, if satisfied that the circumstances are such that land for allotments should be acquired, may by resolution transfer to themselves the powers and duties of the defaulting council under the Allotments Acts, and may proceed to acquire the necessary land, or carry the Acts into operation in the district or parish (o), but without prejudice to the rights and powers of the defaulting council in respect of other land previously acquired by them (p) 769. Upon such transfer of powers the following provisions apply: the Allotments Act, 1887, applies with all necessary modifications the county council have the powers of borrowing possessed by the defaulting authority, including power to charge the rates with the repayment of the loan, for which, however, the authority is liable separate accounts are to be kept by the county council the county council may delegate to the authority any powers of management, letting and use, and for the recovery of rent and possession, of the allotments, all expenses and receipts arising in the exercise of the delegated powers being (subject to the terms of





(k) Notices of the inquiry must be given and published in accordance with directions of the Board of Agriculture and Fisheries (Small Holdings and

Allotments Act, 1907 (7 Edw. 7, c. 54), s. 42 (2)). (?) See ante, p. 341, for these obligations and the amendment referred (m) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 24 (?2)

Ibid.,

s.

to. (2).

40.

(o) See Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 2 Allotments Act, 1890 (53 & 54 Yict. c. 65), s. 2 (2) Small Holdings and Allotments Act, 1907 As to the right to use public (7 Edw. 7, c. 54), ss. 24, 47 (4), and sched. II. schoolrooms for meetings etc. relating to the provision of allotments, see Allotments Act, 1890, s. 5, and Local Government Act, 1894 (56 & 57 Yict. c. As to the expenses incurred by a county council in taking over powers 73), s. 4. of a defaulting council, see p. 359, post. (p) Allotments Act, 1890 (53 & 54 Yict. c. 65), s. 2 (2).



Effect of transfer of

powers.