Page:Halsbury Laws of England v1 1907.pdf/577

 Allotments.

355

after the year 1907, where a council has in hand land acquired under the Allotments Acts, any part which exceeds five acres may be adapted for letting and be let as an allotment if the council satisfies the county council that it is convenient and desirable that it should be so let, and the county council consent to such letting (e).

780. One or more allotments may, after 1907, with the consent Board of Agriculture and Fisheries, be let to persons working

of the

^^ct.

6.

Under Allotments Acts,

Co-operative

working,

on a co-operative system, or to an association formed for the purpose of creating or promoting the creation of allotments when such association is so constituted that the division of profits among the

members

is

prohibited or restricted (/).

781. Up to the end of the year 1907 no building other than a Building on toolhouse, shed, greenhouse, fowlhouse, or pigstye may be erected allotments, on an allotment (^), but after that date the statutory restrictions against building by tenants cease to operate, save that a dwellinghouse cannot be erected for occupation on an allotment of less The powers conferred upon a council of than one acre (h). improving and adapting land for allotments will then include power to erect buildings and make adaptations of existing buildings, but so that not more than one dwelling-house shall be erected for

occupation with any one allotment

{i).

782. Kent, and the possession of any allotment after notice to Recovery of quit or failure to deliver up possession as required by law, may be possession. recovered by the council as landlords {k). If the rent is in arrear for forty days, or if it appears to the council that a tenant, not less than three months after the commencement of the tenancy, has not observed the regulations, or is resident more than a mile out of the district or parish, they may give him a month's notice to quit but in all such cases the council must, in default of agreement between the outgoing and incoming tenant, pay on demand to the outgoing tenant any compensation due to him and any Court or justice directing recovery of possession may stay delivery until payment of such compensation has been made or secured to the satisfaction of the Court or



justice

(Z).

Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 21 (1) (b). ss. 9 and 21 (3) and see also title Small Holdings. Ig) Allotments Act, 1887 (50 & 51 Yict. c. 48J, s. 7 (5), which sub-section is repealed as from January 1, 1908 (Small Holdings and Allotments Act, 1907 («)

(/) Ibid.,

(7

Edw. (A)



7, c. 54), s.

35

(4)

).

Small Holdings and Allotments Act, 1907

(i)

Ibid.

(k)

Allotments Act, 1887 (50

&

51 Yict.

c.

48),

(7 s.

Edw. 8

(1).

7, c. 54), s.

See also

21

(2).

title

Land-

lord AND Tenant. Eor form of notice and

for a p. 470.

form

to quit, see Encyclopaedia of Eorms, Vol. I., p. 469, of notice to apply to the justices to recover possession, see ibid.,

(0 AUotments Act, 1887 (50 & 51 Yict. c. 48), s. 8 (2), (3). The compensation is to be assessed by an arbitrator appointed by the authority, unless the tenant elects to have it assessed under the Allotments and Cottage

Gardens Compensation for Crops Act, 1887 (50 & 51 Yict. c. cultural Holdings Acts, 1883 to 1906. See pp. 356 et seq., post.

26), or the

A A 2

Agri-