S$ 8, 9.

the consent of the patron to the sale shall not be necessary.1

(1) The Ecclesiastical Leasing Act, 1858 (21 & 22 Vict. c. 57), sect. 1, gives power to Ecclesiastical Corporations, aggregate or sole, to sell land belonging to such corporation with the approval of the Ecclesiastical Commissioners. Under the Ecclesiastical Leasing Act, 1842 (5 & 6 Vict. c. 108), s. 20, the consent of the patron of a living is necessary for any such sale. This consent is dispensed with under this section. Trustees of land for charitable or ecclesiastical purposes now have the powers conferred on a tenant for life under sect. 29 of the Settled Land Act, 1925.

Power to sell and acquire

land for annuity.

PART II.-AMENDMENT OF THE SMALL HOLDINGS AND
ALLOTMENTS ACT, 1908.

9.-(1.) Any person having power (whether subject to any consent or conditions or not) to sell land authorised to be acquired by a county council under the principal Act may, subject to the like consent and conditions, sell the land to the council in consideration, wholly or partially, of a perpetual annuity under this section payable by the council.1

(2.) Where the vendor of the land sold in consideration for an annuity is not absolutely entitled for his own benefit to the land sold, the annuity shall be treated as if the land had been sold for a capital sum and that sum invested in the purchase of the annuity.2

(3.) Subject to the provisions of this section, the council liable for the payment of an annuity under this section may at any time redeem the annuity.

The council shall in each case give to the annuitant [six months']3 notice of their intention to redeem the annuity, and shall pay to him as consideration for the redemption such sum as may be agreed, or in default of agreement such sum as would, according to the average price at the date of the expiration of the notice of such Government securities as may for the time being be prescribed by the Treasury, yield annual dividends equal to the amount of the annuity.

The redemption of an annuity under this section shall be deemed to be a purpose for which a council may borrow under the principal Act.

(4.) The power to sell land in consideration of an annuity under this section shall apply to land belonging to His Majesty in right of the Crown or of the Duchy of Lancaster and to land belonging to the Duchy of Cornwall.

(5.) The provisions set out in the First Schedule to this Act shall have effect with respect to annuities under this section.

(1) See sect. 38 of the Act of 1908, which incorporates the Lands Clauses Acts, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, thus enabling persons under disability to sell to a council for the purposes of the Act. This section enables any such person, subject to all necessary consents and conditions, to sell in consideration of a perpetual annuity.

(2) Under the First Schedule to this Act an annuity granted under this section is made an authorised investment for trustees. (3) "Six months'" is substituted for one month's" in this sub-section by the Act of 1926.

66

§§ 9, 10.

ings.

10.—(1.) The power of a council to acquire land for Amendment of principal small holdings under the principal Act shall not be exer- Act as recised during the period ending on the thirty-first day of spects power to acquire March, nineteen hundred and twenty-six, except with the land for previous consent of the Board of Agriculture and small holdFisheries, or after the thirty-first day of March, nineteen hundred and twenty-six, except at such a price or rent or for such an annuity as in the opinion of the council will allow all expenses incurred by the council in relation to the land to be recouped out of the purchase-money or rent to be obtained by the council for the land.

(2.) Sub-section (3) of section seven of the principal Act (which regulates the price or rent at which land for small holdings may be acquired) shall cease to have effect.

§§ 10, 11.

Duties of county

respect to sale or lease of land.

(3.) This section shall be deemed to have had effect as from the first day of January nineteen hundred and nineteen.1

(1) This section is repealed by the Act of 1926.

11.-(1) Land acquired by a county council under the councils with principal Act shall be sold or let by the council at the best price or sum that can reasonably be obtained, and,1 where sold or let for small holdings, be sold or let, except where the Board of Agriculture and Fisheries for any special reason otherwise direct, subject to a reservation of all minerals vested in the council.

(2.) Where land is sold for small holdings at any time before the first day of April, nineteen hundred and twenty-six, the sale shall only be made subject to the approval of the Board of Agriculture and Fisheries.1

(3.) A tenant of a holding provided by a county council on land purchased by the council, who has been in occupation thereof for a period of not less than six years, shall, on notice of his desire to purchase the holding being given. to the council at any time before the tenant has received notice to quit the holding, be entitled to require the sale to him of the holding at the expiration of one month from the date of the notice at the then value of the holding, exclusive of any increase of the value thereof due to any improvement executed thereon by and at the expense of the tenant, and thereupon the council shall sell the holding to the tenant accordingly unless the council obtain the consent of the Board of Agriculture and Fisheries to the requirement of the tenant being refused by the council.2

(4.) The value of the holding shall in default of agreement be determined by arbitration under and in accordance with the provisions of the Second Schedule to the Agricultural Holdings Act, 1908.3

(5.) A council may, by order in relation to sales of small holdings provided by the council which are made

while the order is in force, extend the term within which the purchase-money is required by sub-section (5) of section eleven of the principal Act to be repaid, but so that the term shall not exceed sixty years :5 Provided that any order made under this sub-section before the thirtyfirst day of March nineteen hundred and twenty-six, shall require the approval of the Board of Agriculture and Fisheries and the Treasury.1

(6.) Sub-section (3) of section eleven of the principal Act (which required the payment on completion of the purchase of a small holding of not less than one-fith of the purchase-money) is hereby repealed, and, unless the purchaser desires to pay on completion of the purchase or at any subsequent time the whole or part of the purchase-money, the whole of the purchase-money shall be secured as provided by section eleven, sub-section (5) of the principal Act as amended by this Act.1

(7.) A council, when selling or letting a small holding at any time before the expiration of two years after the passing of this Act, shall give preference to suitable men who have served at any time in the forces of the Crown and to suitable women who are certified by the Board to have been engaged in whole-time employment on agricultural work for a period of not less than six months during the present war.1

(1) The words in italics are repealed by the Act of 1926. (2) This sub-section makes a sale to a tenant of a small holding who has been in occupation not less than six years, and gives the required notice, compulsory, unless the Ministry allow the council to refuse the sale. There is no requirement that the tenant's notice of his desire to purchase shall be in writing. This power to require a sale now only applies to a tenant in occupation on 15th December, 1926. See Act of 1926, s. 19, post, p. 214. The Act of 1926 contains new provisions for the purchase of their holdings by small holders, whose occupation commences after 15th December, 1926.

(3) For the provisions relating to arbitration, see Spencer's Agricultural Holdings Act, 1923, p. 94.

§ 11.

$ 12.

Extension of

powers of
councils in
relation

to land ac-
quired under
principal
Act.

12.-(1.) Subject to the consent of the Board of Agriculture and Fisheries in cases where their consent is required under this section or under regulations made by the Board, a county council shall have power in any case where in the opinion of the council it is necessary or expedient so to do for the better carrying into effect of the principal Act

(a) to erect, repair, or improve dwelling-houses and other buildings on any land acquired by the council under the principal Act, or to execute any other improvement on or in connection with and for the benefit of any such land, or to arrange with the tenant of any such land for the execution of any such improvement of such terms as may be agreed:

(b) to sell, mortgage, exchange, or let any such land or any interest therein, subject, in the case of any sale, mortgage, or exchange, to the consent of the Board, and in the case of a mortgage subject also to the consent of the Local Government Board:1 (c) in a case where no power of appropriation is otherwise provided, with the consent of the Board and the Local Government Board and subject to such conditions as to the repayment of any loan made for the purpose of the acquisition of the land or otherwise as the last-mentioned Board may impose

(i) to appropriate for any purpose for which the council is authorised to acquire land under the principal Act any land held by the council for other purposes of the council; 2 or

(ii) to appropriate for other purposes of the council land acquired by the council under the principal Act:2

(d) generally to manage any land acquired by the council under the principal Act.3