the same, a court of summary jurisdiction, on complaint made by the Council, may require the owner or occupier of such land or other person to deliver possession of the same to the Council or permit them to enter thereon; and any Order made under these provisions may be enforced as provided by section 34 of the Summary Jurisdiction Act, 1879. 20. The arbitrator shall within one month after his appointment, or within such extended time as the Minister shall allow, make and sign a determination of all matters referred to him for determination which are in his opinion capable of being ascertained at the date of the determination, and shall within one month after the commencement of the tenancy of the Council, or within such extended time as the Minister shall allow, make and sign a determination of all matters referred to him for determination which are not determined by the previous determination. 21. Every determination made by an arbitrator shall be duly stamped by him and sent as soon as possible to the Council and a copy shall at the same time be sent to the owner and any existing tenant affected by the determination. 22. (1) Any compensation, other than rent, payable by the Council in respect of the compulsory hiring, including any compensation payable in respect of the interest of an existing tenant which is extinguished by such hiring, shall be payable by the Council in manner provided by these Regulations on the execution of the lease, or if payable in respect of any matter not then determined, on the date when it is duly determined. (2) Subject to any provision in the Compulsory Order and these Regulations, compensation so payable by the Council shall be paid on demand to the owner, or the existing tenant, as the case may be. 23. Subject to any provision in the Compulsory Order relating to mines and minerals, there shall, unless the owner and the Council otherwise agree, be excepted and reserved out of the lease all the mines and minerals, metals, ores, and other substrata, whether of coal, stone, clay, sand, or any other metalliferous or mineral substance or produce whatsoever, whether opened or unopened, worked or unworked, within or under the hired land (all which are hereinafter collectively referred to as "the said mines and minerals "); with full liberty and power for the persons entitled to the said mines and minerals at all times during the lease by underground workings only to win, work, and carry away the whole of the said mines and minerals, and also to carry away the produce of any other mines; nevertheless making reasonable compensation for any damage or subsidence which may be occasioned to any building on the land hired by reason of such working and carrying away of the said mines and minerals as aforesaid or the exercise of the powers to be reserved as aforesaid, such compensation to be settled in case of dispute by a single arbitrator in accordance with the Agricultural Holdings Act, 1908. 24. Except as in these Regulations expressly provided, any person interested in the determination of any matter under these Regulations shall not be required to produce to the person making the valuation, or give him access to, any document of title. PART III. General. 25.—(1) Every notice required to be given by a Council to an owner, existing tenant, or other person interested in land proposed or authorized to be hired, 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, existing tenant, 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. 26.-(1) Section two of the Land Settlement (Facilities) Act, 1919 (Power of entry on land), shall apply in the case of an Order authorizing the compulsory hiring of land, or of an agreement to hire land, subject to the following adaptations: (a) "Hire" or hiring shall, as the context requires, be substituted for purchase "; 66 (b) A notice under Regulation 6 of these Regulations shall be deemed to be a notice to treat. (2) In the case of an Order for the compulsory hiring of land and entry by a Council on the land or any part thereof under sub-section (1) of the said section as adapted by this regulation the compensation payable in respect of the hiring of the land shall include such compensation by way of rent or otherwise, together with interest on such part of the compensation as is not paid by way of rent at the rate of five per cent. per annum from the time of entry on the land until such compensation is paid, as would have been payable if the Council had at the date of entry hired the land of which possession is taken and extinguished the interest therein of any existing tenant. 27. Where under the Acquisition of Land (Assessment of Compensation) Act, 1919, any matter to which these Regulations relate is determined by the Commissioners of Inland Revenue, any provision in these Regulations referring to an arbitrator shall subject to the necessary modifications apply to the Commissioners. 28. In these Regulations, unless the context otherwise requires " "" Minister means the Minister of Agriculture and Fisheries; Owner in relation to any land proposed or authorized to be hired means the person who by himself or his agent is in actual possession, or receipt of the rents and profits of the land (except a tenant thereof under a lease for a term no greater than the term for which the land is proposed or authorized to be hired) and that " without regard to the real amount of interest of such Existing tenant " in relation to any land proposed or "Land" includes stints and other alienable common rights of grazing. 29. A Compulsory Order shall incorporate these Regulations, but shall not, unless therein otherwise expressly stated, incorporate any of the provisions of the Lands Clauses Acts or of sections 77 to 85 of the Railway Clauses Act, 1845, except so far as such provisions have been incorporated with adaptations in these Regulations. 30. These Regulations shall apply to a compulsory hiring 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. 31. The Compulsory Order and these Regulations shall not extend and apply to Any land belonging to His Majesty the King, his heirs and Any land belonging to the Duchy of Cornwall; nor to 32. The Small Holdings and Allotments (Compulsory Hiring) Regulations, 1919, are hereby revoked but not so as to affect the operation of any Order made before the date of these Regulations. 33. These Regulations may be cited as the Small Holdings and Allotments (Compulsory Hiring) Regulations, 1922. In witness whereof the Official Seal of the Minister of Agriculture and Fisheries is hereunto affixed this twentysixth day of September, nineteen hundred and twenty-two. H. L. FRENCH, (L.S.) Assistant Secretary. APPENDIX. Form of Order for Compulsory Hiring. are I. The * hereby empowered to put in force as respects the land described in the draft lease set forth in the schedule hereto the powers of acting on behalf of the Parish Council [or "Meeting "] or Mayor, Aldermen, and compulsory hiring conferred by the Small Holdings and Allotments Acts, 1908 to 1919,† subject to the provisions of those Acts and to the Small Holdings and Allotments (Compulsory Hiring) Regulations, 1922, and to the terms of this Order. 2. The tenancy of the Council shall commence either on the [twenty-fifth day of March] or the [twenty-ninth day of September].‡ 3. (Where the land is glebe land or other land belonging to an ecclesiastical benefice insert the following paragraph.) Any sum payable by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land 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. 4. (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. 5. (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 Minister of Agriculture and Fisheries if the Order is so confirmed. Schedule to Form of Order for Compulsory Hiring. This Schedule shall contain a draft of the lease under which it is proposed that the land shall be authorized to be acquired by the Council, setting out all the proposed terms and conditions except the date of the commencement of the tenancy and the rent. The lease shall contain covenants by the Council to cultivate the land in a proper manner and to pay to the landlord at the determination of the tenancy, on the Council quitting the land, compensation for any depreciation of the land by reason of any failure by the Council, or any person deriving title under them, to observe such covenants, or by reason of any user of the land by the Council or such person as aforesaid, and, unless otherwise agreed, a covenant by the Council to keep the buildings and premises demised in repair. The lease shall not authorize the breaking up of pasture unless the Council are prepared to prove to the satisfaction of the Minister of Agriculture and Fisheries that it can be so broken up without depreciating the value of the land, or that the circumstances are such that small holdings [allotments] cannot otherwise be successfully cultivated. † Insert here" and the Allotments Act, 1922," if the Order is made for the purpose of providing allotments or allotment gardens. These dates shall be the half-yearly days customary in the district, but where the Order is made for the purpose of providing allotment gardens, the date of the commencement of the Council's tenancy shall not be a date between the 6th day of April and the 29th day of September. If the Order relates to the provision of land for allotment gardens, the lease should so state, and the foregoing paragraph relating to the breaking up of pasture is not applicable. If the land authorized to be acquired for allotment gardens is the property of a corporation or company acquired by them for the purposes of a railway, dock, canal, water or other public undertaking, the lease shall contain a condition enabling the corporation or company to resume possession of the land when required by them for the purpose (not being the use of land for agriculture) for which it was acquired by the corporation or company. The lease shall also provide that, except with the consent of the landlord, the Council shall not fell or cut timber or trees, or take, sell, or carry away any minerals, gravel, sand, or clay, except so far as may be necessary or convenient for the purpose of erecting buildings on the land or otherwise adapting the land for small holdings [allotments] [allotment gardens], and except upon payment of compensation for minerals, gravel, sand, or clay so used. The lease shall also provide that any question as to the amount of compensation payable by the Council under the lease shall be determined where the land is authorized to be acquired for small holdings by a single arbitrator in accordance with the Agricultural Holdings Act, 1908, and where the land is authorized to be acquired for allotments or allotment gardens in manner provided by the Allotments Act, 1922. (VIII) MODEL RULES AS TO ALLOTMENT GARDENS ISSUED BY THE MINISTRY OF AGRICULTURE AND FISHERIES. The making of Rules by a Borough District or Parish Council under section 28 of the Small Holdings and Allotments Act, 1908, is optional. Such Rules require to be confirmed by the Minister of Agriculture and Fisheries before they can be of any force. Any Council proposing to make Rules should submit a draft copy to the Ministry; a copy of the Model Rules can be used for this purpose. Where it is proposed to make alterations of any importance it may save time and correspondence if the circumstances are explained when the draft is submitted. ALLOTMENTS ACTS, 1908 TO 1922. Made by the * ALLOTMENT RULES. with respect to allotment gardens for the † of * Insert "Mayor, Aldermen and Burgesses of the Borough of acting by the Council " or "Urban District Council or "Parish Council of † Insert "said Borough "Parish of or" said Urban District," or |