Allotments.
353
^^ect. 6. 772. An urban council may borrow money for the purposes of the Under Allotments Acts, in like manner and subject to the like conditions as for the purpose of defraying general and special expenses under Allotments the Public Health Acts {h). A parish council may borrow money for the purposes of the Borrowing powers and duties as to allotments transferred to or conferred on powers, the council by the Small Holdings and Allotments Act, 1907 such borrowing will be under the provisions of the Local Government Act, 1894 (i). Sects. 242 and 243 of the Public Health Act, 1875, relating to loans by the Public Works Loans Commissioners to a local authority, will, with the necessary adaptations, apply to a loan to a parish council under the Local Government Act, 1894, or to a county council lending money to a parish council under that Act, where the purpose for which the loan is required by the parish council is the acquisition, improvement, or adaptation of land under
- the Allotments Acts {k).
773. Allotments which cannot be let in accordance with the pro- Dealing with visions of the Allotments Act, 1887, and the regulations, may be let ^^J^^™^^*^ ^ to any person whatever at the best annual rent which can be obtained, without premium or fine, and on such terms as may •enable the authority to resume possession thereof within a period not exceeding twelve months {I). '
774. Land acquired under the Acts, but no longer needed or not Sale or suitable for allotments, may, with the sanction of the county council, exchange, The proceeds be sold, let, or exchanged for more suitable land (m) are to be applied in discharging the debts and liabilities of the authority in respect of land so acquired under the Act, or in acquiring, adapting, or improving other land for allotments. Any surplus may be applied for any purpose for which capital money may be applied which is approved by the Local Government Board. Interest and money received from the letting of the land may be applied in acquiring other land for allotments, or in like manner as receipts from the allotments are applicable (n). In the case of a rural .
district all
such moneys must be credited to and applied for the which the land was purchased (o).
benefit of the parish for
(h) Allotments Act, 1887 (50 & 51 Yict. c.48), s. 10 (4). Sects. 233, 234, 236— 239, 242, and 243 of the Public Health Act, 1875 (38 & 39 Yict. c. 55), are made applicable to such loans (Allotments Act, 1887, s. 10 (5)). (i) See s, 12 of the Act of 1887, with the proviso that money borrowed thereunder for the purposes of allotments will not be reckoned as part of the debt of the parish for the purpose of the limitation on borrowing contained in such section (Small Holdings Allotments Act, 1907 (7 Edw. 7, c. 54), s. 20 (4) ). (k) Small Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 20 (5). As to borrowing powers generally, see title Local GtOYERNMENT. (I) Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 7 (4). (m) Ibid., a. 11 (1). (n) Ibid., s. 11 (2). For the above purposes ss. 128 132 of the Lands Clauses Consolidation Act, 1845 (8 & 9 Yict. c. 18), under which the owner from whom the land was originally purchased has a right of pre-emption, are made applicable (Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 11 (3)). (o) Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 11 (2). So much of the subsection as relates to this last requirement will be repealed as from January 1, 1908.
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