Page:Halsbury Laws of England v1 1907.pdf/563

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Allotments.

Sect. 5. allotment or portions thereof which cannot be let as an Parochial allotment, may be let to any person whatever at the best annual Charity rent procurable, without any premium or fine, and on such terms as Lands. may enable the trustees to resume possession thereof within a period not exceeding twelve months if it should at any time be required to Unlet allotbe let in allotments. Such letting does not exonerate the trustees ments. from giving the public notices referred to above (7-).

Any

Sect.

6.

Allotments under the Allotments Acts.

750. The Small Holdings and Allotments Act, 1907 (5), which comes into operation on the 1st of January, 1908, has very largely extended the powers of local authorities as to the provision and management of allotments. Until that date the more restricted provisions of the older Acts {t) remain effective, and must, therefore, be referred to but, in view of the enlarged provisions which will shortly become available, it is anticipated that few, if any, steps The will be taken in connection with allotments under the old law. reader must be careful to distinguish between the powers now operative, and those which only come into effect on the 1st of January, 1908, and must also remember that references in this

Application of Acts.

article to parish councils, in connection

with allotments after that having a parish council,

date, will, in the case of a rural parish not

include references to the parish meeting

{a).

751. On that date it will become the duty of a county council to Duty of ascertain the extent to which there is a demand for allotments in the county councils. several urban districts (other than boroughs) and rural parishes in the county, or to which there would be a demand if suitable land were available, and the extent to which it is reasonably practicable, having regard to statutory provisions (b) to satisfy any such demand (c), and for that purpose to co-operate with such authorities, associations, and persons, as they think best qualified to assist them, and to take such other steps as they think necessary {d). If the county council are satisfied that the circumstances in relation to any such urban district or rural parish are such that land for allotments should be acquired for such district or parish, the council must pass a resolution to that effect, and must proceed to acquire land and provide allotments, or cause allotments to be

provided (r)

{e).

Allotments Extension Act, 1882 (45

&

46 Vict.

c. 80), s.

13

(6).

Edw. 7, 0. 54. {t) Namely, the Allotments Act, 1887 (50 & 51 Yict. c. 48), the Allotments Act, 1890 (53 & 54 Yict. c. 65), and the Local Government Act, 1894 (56 & 57 (s)

7

Yict.

c.

(a) (6)

73).

See Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 46 (4). I.e., to the provisions of the Allotments Act, 1887, and of any subsequent

amending

statute.

may

be noticed that if in the course of the inquiries of the Small Holdings Commissioners as to the demand for small holdings (see title Small Holdings) they receive any information as to the existence of a demand for allotments, they must communicate the information to the councils of the county, and of the borough, urban district, or parish concerned (Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 2 (4) ). {d) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 24 (1). (e) Allotments Act, 1890 (53 & 54 Yict. c. 65), s. 2 (2), as amended and (c)

It