SS 32-34. 32.-(1.) This Act, so far as it amends the principal Construction. 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.

Repeal.

Short title. 8 Edw. 7, c. 36.

10 Edw. 7 & 1 Geo. 5, c. 34.

(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Act shall be construed as including references to small holdings provided and land ' acquired under any enactment repealed by the principal Act.1

(1) See list of enactments repealed by the Act of 1908, ante, p. 100.

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 The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule.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

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.

66

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 half-yearly 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 Trustee Act, 1893.

Sched. I.

Sect. 9.

Schs. I., II.

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. 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 (a).

11. 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 annuitants.

(a) See Rules made by the Minister of Health under this Rule in

Appendix I., post, p. 245.

Section 34

Section 42

Section 43

Section 46

Section 47

Section 49

Section 53

Section 58

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).'

At the end of subsection (4) there shall be inserted
the words "except with the consent of the
council."

In subsection (6) after the words "system or
there shall 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 to tenants of small holdings and
allotments," and in subsection (2) for the
words "attached to the" there shall be sub-
stituted the words "let to tenants of."
For the word " may "there shall be substituted
the word "shall."

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 com-
pulsory hiring of the land."

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

In subsection (1) and subsection (2) after the word
66 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-operative
society."

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."

Sched. II.