1919.

9 & 10 Geo. 5. c. 59.

Provisions as to Land taken under the Dejence of the Realm
Regulations.

30. (1) For removing doubts it is hereby declared that section 6 & 7 Geo. 5. one of the Defence of the Realm (Acquisition of Land) Act, 1916, c. 63.

8 Edw. 7.

c. 36.

applies to land of which possession has been taken by the Board of Agriculture and Fisheries under the powers conferred by Regulations 2L and 2M of the Defence of the Realm Regulations, and that the Board are entitled whilst in possession by themselves or by any person deriving title under them of the land, after the termination of the present war, to exercise in relation thereto any of the powers conferred by those regulations for such term and subject to such conditions as are mentioned in the said Act.

(2) Where at the termination of the present war a local authority is exercising powers under the said Regulation 2L in respect of land of which the local authority is owner or occupier, the local authority may continue to exercise those powers in relation to that land until the expiration of two years from the termination of the present war, and the provisions of subsection (6) of the said regulation shall apply accordingly.

Expenses.

31. The expenses of the Board of Agriculture and Fisheries under this Act to such extent as may be sanctioned by the Treasury shall, except so far as is otherwise expressly provided, if incurred for the purposes of Part I. of this Act, be defrayed out of moneys provided by Parliament, and if incurred for the purposes of any other Part of this Act be defrayed out of the Small Holdings Account.

Construction.

32.-(1) This Act, so far as it amends the principal Act, shall be construed as one with that Act, and references in this Act to the principal Act, or to any provision of the principal Act, shall, where the context permits, be construed as references to the principal Act. or the provisions of the principal Act as amended by this Act.

(2) References to small holdings provided, and to land acquired. under the principal Act shall be construed as including references to small holdings provided and land acquired under any enactment repealed by the principal Act.

Repeal.

33. The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.

Short Title.

34. This Act may be cited as the Land Settlement (Facilities) Act. 10 Edw. 7. & 1919, and the Small Holdings and Allotments Acts, 1908 and 1910. and so much of this Act as amends those Acts may be cited together as the Small Holdings and Allotments Acts, 1908 to 1919.

1 Geo. 5.

c. 35.

SCHEDULES.

FIRST SCHEDULE.

1. Every annuity shall be charged on and payable out of the county fund or borough fund or rate, as the case may be, of the county or borough by the council of which the annuity is payable.

2. The council shall issue a certificate of the annuity to the person entitled thereto (in this schedule referred to as "the annuitant"), and for the purposes of this provision the person who could, if the land had been disposed of for cash, have given a good discharge for the purchase money, shall be deemed to be the person entitled to the annuity.

If any question arises as to the person to whom a certificate ought to be issued, that question shall be referred to and decided by the Board of Agriculture and Fisheries, whose decision shall be final and conclusive.

3. If in any case the Board think it desirable so to do for the purpose of protecting the interests of persons entitled to any mortgage, charge, or other incumbrance on an annuity, they may direct that the certificate to be issued in respect of the annuity shall be issued to and held by such persons as they appoint to be trustees for the purpose, and the persons so appointed shall, subject to the provisions of any regulations made under this schedule, be deemed to be the persons entitled to the annuity.

4. Any annuity may be divided at the option of the annuitant into two or more annuities of any amount not being less than one pound, and any annuities whether sub-divided or not may be consolidated with other annuities payable by the same council as the annuitant may direct.

5. An annuity shall be payable by equal half-yearly payments on the thirty-first day of March and thirtieth day of September in every year, and the first half-yearly payment in respect of the annuity, or, if a full half-yearly payment has not then accrued due, payment of a proportionate part of the annuity, shall be made on the halfyearly day which occurs next after the date on which the land in respect of which the annuity is issued is acquired.

6. The council shall deliver to the annuitant or send to him by post a warrant or order on the county or borough treasurer, as the case may be, for every payment due to him.

7. An annuity shall be included among the securities upon which a trustee may invest under the Trustees Act, 1893.

8. If within thirty days after a payment in respect of an annuity becomes due the payment is not made, the annuitant may recover the amount thereof against the council in any court of competent jurisdiction.

1919.

9 & 10 Geo. 5.

c. 59. Section 9.

9. The annuitants, without prejudice to other remedies, may enforce payment of arrears of their annuities by the appointment of a receiver as though each annuity was interest on a mortgage granted to them by the council under the Local Government Act, 1888, or the Public Health Act, 1875, as the case may be.

10. The Local Government Board may make regulations with respect to the keeping by a council of a register of annuitants, and with respect to the transfer and transmission of annuities, and with respect to the redemption of annuities, and the creation of a sinking fund by councils for that purpose, and the Board of Agriculture and Fisheries may make regulations for the purpose of otherwise carrying the provisions of this Schedule into effect.

II. No notice of any trust expressed, implied or constructive shall be receivable by a council in respect of an annuity, and no entry with respect to any such trust shall be made in any register of annui

tants.

SECOND SCHEDULE.

MINOR AMENDMENTS OF PRINCIPAL ACT.

Provision of the Principal
Act to be amended.

Amendment.

In paragraph (b) of subsection (2) after the word "let"
there shall be inserted the words or sell."

In subsection (1) the words "for the labouring popula-
"tion" and "belonging to the labouring population
and the words from "and that such allotments cannot "
to applicants for the same shall be omitted.
Subsection (3) shall be omitted.

66

In subsection (4) the words " other than a borough" shall
be omitted.

In subsection (1) after the words "quarter's rent" there
shall be added the words (except where the yearly
rent is twenty shillings or less)."

there shall

1919.

9 & 10 Geo. 5. c. 59. Section 25.

At the end of subsection (4) there shall be inserted the
words "except with the consent of the council."
In subsection (5) after the words " system or
be inserted the words "of letting or selling."
In subsection (1) the word "labouring " shall be omitted.
In subsection (1) for the words attaching to small
"holdings or allotments provided by the council'
there shall be substituted the words "letting
tenants of small holdings and allotments," and in
subsection (2) for the words "attached to the " there
shall be substituted the words "let to tenants of."
For the word may" there shall be substituted the word
'shall."

66

to

In subsection (1) after the word do" there shall be
inserted the words "or such shorter notice as may be
required by the order for the compulsory hiring of
"the land."

In subsection (2) for the words " subject in the case of
'land hired by agreement to any agreement to the
"contrary
there shall be substituted the words
'subject to any provision to the contrary in the agree-
"ment or order for hiring."

In subsection (1) and subsection (2) after the word
"county
in both places where it occurs there shall be
inserted the words "or borough or urban district."
In subsection (3) the words "under the provisions of this
"Act" shall be omitted.

In subsection (4) after the words "adapting land for
allotments" there shall be inserted the words "and
"the council of a borough or urban district may borrow
"for the purpose of grants or advances to a co-opera-
"tive society."

c. 59.

Section 58

Section 33.

Amendment.

In subsection (1) the word "(England)" shall be omitted. Schedule I., Part II. In paragraph (2) (b) after the word "holdings" there shall be added the words "or allotments as the case 66 may be."

In paragraph (6) after the word "expenses" there shall be added the words "as the council shall consider or."

THIRD SCHEDULE.

ENACTMENTS REPEALED.

Session and
Chapter.

The Small Hold-
ing Colonies
Act, 1916.

8 & 9 Geo. 5. The Small Hold

Extent of Repeal.

Subsection (3) of section four; subsection (4) of
section six; subsection (3) of section seven;
section eight; subsections (1) and (3) of sec
tion nine; section sixteen; section twenty-one;
in section twenty-three the words for the
labouring population" and "belonging to the
labouring population" and the words from
"and that such allotments cannot to "appli
cants for the same" and subsection (3); in
section twenty-four the words "other than
boroughs" and "other than a borough";
subsection (2) of section twenty-seven; section
thirty-one; subsection (3) of section thirty-two;
in section thirty-four the word "labouring ";
subsection (3) of section forty-one in subsec-
tion (3) of section forty-nine the words
"under the provisions of this Act" and in
section fifty-eight the word (England)."
In section one the words "during the con-
"tinuance of the present war and a period of
"twelve months thereafter."

66

Section one from "Provided that" to "the "same in feu."