Page:Halsbury Laws of England v1 1907.pdf/574

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Allotments.

352 Sect.

6.

Under

the delegation) paid and dealt with as expenses and receipts of the defaulting authority under the Act of 1887 (q).

Allotments

770. On the request of the defaulting authority, the county council may, by order under their seal, transfer to that authority Ke-transfer all the powers, duties, property, and liabilities vested in and imposed of powers and property. on the county council under the Act of 1890 as regards the district of the defaulting authority, and the property so transferred will be deemed to have been acquired by the defaulting authority under the Act of 1887, and that authority will act accordingly (a). Acts.

Sub-Sect.

Improvement of land.

Kegulations.

Tenants.

Managers.

3.

Poiuers

and Duties of Management.

771. A council providing or acquiring lands for allotments have the following powers in respect thereof They may generally improve and adapt the land, and do all things necessary for the convenience and maintenance of the allotments, including {inter alia) draining, fencing, and road-making (6). They may make, revoke, and vary regulations for controlling the letting of the allotments, for preventing undue preference in the letting thereof, and generally for giving effect to the provisions of the Allotments Acts (c). They may define the persons eligible to be tenants, provided they belong to the labouring population, and be resident in or within one mile of the district or parish {d). An urban authority may appoint and remove allotment managers, being residents and ratepayers of the locality concerned, with such powers, including those of incurring expenses, as the authority may define {e). In rural parishes the allotments will, on and after January 1, 1908, be managed by the parish council, or, where there is no parish council, by persons appointed by the parish meeting (/). It must be noted that nothing contained in the Small Holdings and Allotments Act, 1907, will afi"ect the rights and obligations under any tenancy created before January 1, 1908, under the

Allotments Acts

[q] (a)

{q).

Allotments Act, 1890 (53 Ihid.,

s.

4

&

54 Vict.

c. 65), s. 4.

(f).

(&) Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 5; and see p. 355, jpost, as to the erection of buildings on allotments. The regulations must be (c) Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 6. confirmed by the Board of Agriculture and Fisheries {Hid., s. 6 (1) ), as amended by sect. 20 (1) of the Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54). Model regulations under the Act of 1887 were issued by the Local Grovernment Board, dated May 30, 1888. See also Encyclopaedia of Eorms, Yol. I., pp.

456—469.

& 51 Yict. c. 48), ss. 2 (2), 8 (2) ; subject to the of the council to let to other persons when allotments cannot be let in accordance with the Act {ibid., s. 7 (4)). And see p. 355, post, as to letting allotments to persons working on a co-operative system and to associations under the Act of 1907. (e) Ibid., s. 6 (3), (4) See Local' Government Act, 1894 (56 & 57 Yict. c. 73), s. 6 (4), and Small ( f) Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), ss. 20 (2), 23. {g) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 45. {d)

power

Allotments Act, 1887 (50