Page:Halsbury Laws of England v1 1907.pdf/565

This page needs to be proofread.

Allotments.

343

Sect. 6. not having a parish council, the parish meeting has Under The council or meeting, as the case may be, must a like duty(0. consider any written representation (m) that allotments are required Allotments Acts. in the district or parish. The representation may be made by any six registered parHamentary electors or ratepayers resident in the district or parish (u). If the council or meeting think, after inquiry made, that there is a demand for allotments, and that they cannot be obtained at a reasonable rent or on reasonable conditions by voluntary arrangement, the council, if a district council, must purchase or hire any suitable land which may be available, within or without the district, adequate to provide sufficient allotments (o), and must let such land in allotments to the labouring population (p), resident in the district and desirous of taking the same(^). The land must not be acquired save at such price or rent as in the opinion of the council may, together with expenses, be recouped out of the allotment rents (r). Where the authority is a parish council or meeting they must, if they cannot acquire suitable land by voluntary arrangement, make a represen tation to the county council, who may thereupon proceed to acquire land on behalf of the parish council or parish meeting (s). The duty of a council to provide allotments does not include the Area of duty of providing allotments exceeding one acre in extent, but they aiiotme]

of a rural parish

the parish, and subject to such other adaptations as may be necessary (Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 20 (2) ) ; and all property acquired and all liabilities incurred by any rural district council under the Allotments Acts will, as from an appointed day fixed by the Local Grovernment Board, either generally or as respects any particular district, by virtue of the Act of 1907, be transferred to and vested in the parish council of the parish in respect of which the property was acquired or the liability incurred (ibid., Sects. 68, 70, 72, 85, 86, 87 and 88 of the Local Government Act, 1894 s. 20 (3) ). (56 & 57 Yict. c. 73) (which relate to adjustment of property and liabilities, the determination of questions, local inquiries, current rates, accounts and proceedings, existing securities, and the discharge of existing debts, existing regulations, and pending contracts), will apply in the case of any such transfer (Small Holdmgs and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 20 C6) ). And see title

Local Government. (1)

Small Holdings and Allotments Act, 1907

Where any property

(7

Edw.

7,

c.

54),

s.

46

(4).

by the Act

transferred to and vested in a parish council, the property will, in the case of a rural parish not having a parish council, be transferred to and vested in the chairman of the parish meeting and the overseers of the parish {ibid.). For parish councils and parish meetings generally, see title Local Government. (m) Eor a form of representation, see Encyclopaedia of Eorms, Vol. I., p. 448. As to the right to use (^^) Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 2 (1). schoolrooms for the purpose of discussing questions relating to allotments, see Allotments Act, 1890 (53 & 54 Vict. c. 65), s. 5, and the Local Government Act, 1894 (56 & 57 Vict. c. 73), s. 4, and title Edijcation. For form of notice of intention to exercise the right, see Encyclopaedia of Forms, Vol. I., p. 447. (o) Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 2 (1). The authority may make regulations (p) This expression is not defined. defining the persons eligible to be tenants, but they must be persons within the description. See Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 6 (1). (q) (r)

Ibid.,

s.

Ibid.,

s.

2 2

is

(1). (2).

This sub-section explains what

is

meant by " reasonable

rent." (s)

46

Small Holdings and Allotments Act, 1907

(4).

As

to the procedure, see p. 348, post.

(7

Edw.

7, c. 54), ss.

26

(7),