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occupation of a tenant imply an obligation on the part of the

tenant

(i) To maintain or clear drains, embankments, or ditches, or to maintain or properly repair fences, stone walls, gates, or hedges where such work is not required to be done by him under his contract or tenancy; or (ii) To execute repairs to buildings which are not required to be executed by him under his contract of tenancy :

(5) The expression "the Act of 1908" means the Agricultural Holdings Act, 1908, and the expression "the Act of 1917" means the Corn Production Act, 1917.

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36.-(1) This Act shall come into operation on the first day of January, nineteen hundred and twenty-one.

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(VI)

THE SMALL HOLDINGS AND ALLOTMENTS (COMPULSORY PURCHASE) REGULATIONS, 1922 (dated 26th September, 1922).

MADE BY THE MINISTER OF AGRICULTURE AND FISHERIES UNDER THE SMALL HOLDINGS AND ALLOTMENTS ACTS, 1908 TO 1919, AND THE ALLOTMENTS ACT, 1922.

The Minister of Agriculture and Fisheries in pursuance of the provisions of the Small Holdings and Allotments Acts, 1908 to 1919, and the Allotments Act, 1922, hereby makes the following Regulations :

Orders for Compulsory Purchase.

1. A Compulsory Order for purchase made by a Council shall be in the form set forth in the Appendix to these Regulations or to the like effect; Provided that an Order if submitted to the Minister of Agriculture and Fisheries (in these Regulations referred to as "the Minister ") for confirmation may be modified by the Minister after notice of the intended modification to the Council and to those persons interested in the land who, in the opinion of the Minister, would be affected thereby, and after consideration of any objection thereto presented to the Minister within the time prescribed by such notice.

2. Notice of the making of an Order for compulsory purchase to which Section one of the Land Settlement (Facilities) Act, 1919, as amended by section 8 (1) of the Allotments Act, 1922, applies shall be given as soon as practicable to each owner, lessee and occupier of the land authorized to be acquired. The notice shall be accompanied by a copy of the Order (except any plan annexed or referred to therein) and shall state the place where a copy of any plan annexed or referred to in the Order can be obtained free of charge by any person interested in the land.

3.-(1) When a Council propose to purchase land compulsorily under an Order which requires confirmation by the Minister under the Small Holdings and Allotments Acts, 1908 to 1919, the Council, not less than one calendar month before they submit the Compulsory Order to the Minister, shall publish the Order by means of a notice, containing such particulars as are prescribed by this Regulation, inserted as an advertisement in one or more newspapers circulating in the locality, and by furnishing a copy of the Order (except any plan annexed to or referred to in the Order) free of charge to any person interested in the land who shall apply for the same. The Council shall also give notice of the Order, containing such particulars as are required by this Regulation, to the Minister and to each owner, lessee, and occupier of the land proposed to be purchased, or to such of them as shall be known to the Council.

(2) Every notice under this Regulation shall contain the following particulars :—

(a) the purpose for which the land is proposed to be purchased;

(b) the quantity, description, and situation of the land and the names of the reputed owners, lessees, and occupiers thereof;

(c) the place where copies of the Order (except any plan annexed to or referred to in the Order) may be obtained free of charge by any person interested in the land; (d) the place where the plan (if any) annexed to or referred to in the Order may at all reasonable times, until the Order is submitted to the Minister, be inspected by or on behalf of any person interested in the land.

(3) Every notice shall also state that any objection must be presented to the Minister, and every notice sent to an owner, lessee or occupier shall state the period within which an objection by him may be so presented in accordance with these Regulations. A notice may also state that a copy of every objection should be sent to the Clerk to the Council.

(4) If the Council is a County Council acting on behalf of a Parish Council or Parish Meeting the notice shall so state and give the name of the parish.

4. The period within which an objection to a Compulsory Order may, under the preceding Regulation, be presented to the Minister by a person interested in the land to which the Order relates shall be the period of one calendar month from and after the date on which notice of the Order is sent to him, or if no notice is sent to him in that case from and after the date of the latest advertisement of a notice of the Order.

5. Notice of the confirmation of the Order shall be given by the Council as soon as practicable to each owner, lessee, and occupier of the land authorized to be purchased, and a copy of the Order and of any plan annexed to or referred to in the Order shall be furnished by the Council to any person interested in the land on application by such person.

6.-(1) Every notice required to be given by the Council to an owner or other person interested in land proposed or authorized to be purchased, shall either be served personally on such person

or sent by post to or left at his usual place of abode in the United Kingdom, if any such can after diligent inquiry be found, and in case any such person shall be absent from the United Kingdom or cannot be found after diligent inquiry, shall be sent by post to or left with any agent ordinarily receiving the rents of the land on behalf of such person, and a copy thereof shall also be sent by post to or left with the occupier of the land to which such notice relates, or, if there be no such occupier, shall be affixed upon some conspicuous part of such land.

(2) If an owner or other person interested be a corporation aggregate, such notice shall be sent by post to or left at the principal office of business of such corporation, or if no such office can after diligent inquiry be found, shall be sent by post to or served on some principal officer, if any, of such corporation. 7. Where a Council propose to purchase compulsorily the estate and interest of a lessee only, the Order shall so state, and these Regulations shall apply with the necessary modifications. 8. In these Regulations, unless the context otherwise requires

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Owner in relation to any land proposed or authorized
to be purchased means the person who by himself or
his agent is in actual possession, or receipt of the rents
or profits, of the land (except a lessee) and that without
regard to the real amount of interest of such person;
Lessee" includes a tenant holding under an agreement
for a lease;

Compulsory Order " means an Order under the Small
Holdings and Allotments Acts, 1908 to 1919, and the
Allotments Act, 1922, which authorizes land to be com-
pulsorily purchased;

Land" includes stints and other alienable common rights
of grazing.

9. These Regulations shall apply to a compulsory purchase by the Small Holdings Commissioners acting in default of a Council or by the Minister with the substitution of those Commissioners or the Minister, as the case may be, for the Council.

10. The Regulations as to compulsory purchase made by the Board of Agriculture and Fisheries on the 8th day of September, nineteen hundred and nineteen, are hereby revoked, but not so as to affect any Order made before the date of these Regulations. II. These Regulations may be cited as the Small Holdings and Allotments (Compulsory Purchase) Regulations, 1922.

In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twenty-sixth day of September, nineteen hundred and twenty-two.

(L.S.)

H. L. FRENCH,

Assistant Secretary.

APPENDIX.

I. The *

hereby empowered for the purpose of providing †

are

to put in force as respects the [several] land [s] described in the schedule hereto the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement, but subject to the terms of the Small Holdings and Allotments Acts, 1908 to 1919, and this Order.

2. This Order shall take effect as if it incorporated, subject to the necessary adaptations, the Lands Clauses Acts and sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845, but subject to this modification, that any question of disputed compensation shall be determined under and in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, and the Small Holdings and Allotments Acts, 1908 to 1919.‡

[Here insert any provision for the continuance of an existing easement or the creation of a new easement over the land(s).

3. Nothing in this Órder as made or confirmed shall entitle the Council, except with the consent of the Minister of Agriculture and Fisheries, to require any party to sell or convey part only of [any of] the [several] land [s] described in the schedule hereto if such party is willing and able to sell and convey the whole thereof.

4. (Where the Order applies to glebe land or other land belonging to an ecclesiastical benefice insert the following paragraph.) Any sum agreed upon or awarded for the purchase of the land[s], or payable by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land[s] shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale under the Ecclesiastical Leasing Acts of land belonging to a benefice.

5. (Where the Order relates to small holdings insert the following paragraph.) The powers conferred by this Order shall cease after the expiration of one year from the date of confirmation of this Order by the Minister of Agriculture and Fisheries unless such period is extended by the Minister.

6. (Where the Order relates to allotments or allotment gardens insert the following paragraph.) The powers conferred by this Order shall cease after the expiration of three calendar months from the date hereof or from the date of confirmation by the

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acting on behalf of the

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Parish Council' [or Meeting "] or Mayor, Aldermen, and Burgesses of the Borough of

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allotments," or "allotment

Insert here and the Allotments Act, 1922," if the Order is made for the purpose of providing allotments or allotment gardens.

Minister of Agriculture and Fisheries if the Order is so confirmed. Made by the *

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19 by their Small Holdings and Allotments Sub[Signature of Clerk to the Council.]

SCHEDULE TO FORM OR ORDER FOR COMPULSORY PURCHASE.

[Description of land [s] proposed or authorized to be purchased.] If severally described, number consecutively.

(VII)

THE SMALL HOLDINGS AND ALLOTMENTS (COMPULSORY HIRING) REGULATIONS, 1922 (dated 26th September 1922).

MADE BY THE MINISTER OF AGRICULTURE AND FISHERIES UNDER THE SMALL HOLDINGS AND ALLOTMENTS ACTS, 1908 TO 1919, AND THE ALLOTMENTS ACT, 1922.

The Minister of Agriculture and Fisheries, in pursuance of the provisions of the Small Holdings and Allotments Acts, 1908 to 1919, and the Allotments Act, 1922, does hereby make the following Regulations :—

PART I.

Orders for Compulsory Hiring.

1. A Compulsory Order for hiring made by a Council shall be in the Form set forth in the Appendix to these Regulations or to the like effect; Provided that an Order if submitted to the Minister for confirmation may be modified by the Minister after notice of the intended modification to the Council and to those persons interested in the land who, in the opinion of the Minister, would be affected thereby, and after consideration of any objection thereto presented to the Minister within the time prescribed by such notice.

2. Notice of the making of an Order for compulsory hiring, to which Section one of the Land Settlement (Facilities) Act, 1919, as amended by Section 8 (1) of the Allotments Act, 1922, applies shall be given as soon as practicable to each owner, lessee and occupier of the land authorized to be acquired. The notice shall be accompanied by a copy of the Order (except any plan annexed or referred to therein) and shall state the place where a

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acting on behalf of the

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or County

Parish Council [or "Meeting"], or Mayor, Aldermen, and
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