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9 & 10 Geo. 5. c. 59.
Provisions as to Land taken under the Dejence of the Realm
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, 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.
8 Edw. 7. c. 36.
(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.
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 l'art 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.
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Act shall be construed as including references to small holdings provided and land acquired under any enactment repealed by the principal Act.
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 The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.
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.
I Geo. 5.
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.
9 & 10 Geo. 5.
c. 59. Section 9.
9 & 10 Geo. 5. c. 59.
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
MINOR AMENDMENTS OF PRINCIPAL ACT.
Provision of the Principal
In paragraph (b) of subsection (2) after the word "let"
In subsection (1) the words "for the labouring popula-
In subsection (1) after the word
allotments" there shall
be added the words "by any person or by an associa-
In subsection (4) the words "other than a borough" shall
In subsection (1) after the words "quarter's rent there
At the end of subsection (4) there shall be inserted the
9 & 10 Geo. 5. c. 59. Section 25.
In subsection (1) after the word "do" there shall be
In subsection (2) for the words " subject in the case of
In subsection (1) and subsection (2) after the word
In subsection (3) the words "under the provisions of this
In subsection (4) after the words "adapting land for
1919. 9 & 10 Geo. 5. c. 59.
Provision of the Principal
Act to be amended.
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 may be.'
In paragraph (6) after the word "expenses" there shall be added the words " as the council shall consider or.'
Extent of Repeal.
The Small Hold-
Subsection (3) of section four; subsection (4) of
The Small Hold- In section one the words "during the con-
Section one from "Provided that." to "the "same in feu."