provisions of sub-section (2) of section fifty-two of the $$ 18, 19. Small Holdings and Allotments Act, 1908, relating to loans by the Public Works Loan Commissioners for small holdings shall extend to money borrowed by any such council for the purpose of providing allotments.1 (2.) Money borrowed by a council for the purpose of providing allotments shall not be reckoned as part of the total debt of the council for the purpose of any enactment limiting the powers of borrowing by the council. (1) Under sect. 53, sub-sect. 4, of the Act of 1908, the council of a borough or urban district council may borrow for the purposes of acquiring, improving and adapting land for allotments in the case of a borough or urban district council subject to the like conditions as for the purposes of the Public Health Acts and in the case of a parish council in accordance with the provisions of the Local Government Act, 1894 (see ante, p. 78). Under this section where the purpose of the loan is the purchase of land for allotments, the maximum period for repayment is eighty years. See sect. 52 (2) of the Act of 1908, ante, p. 74. damage to an 19.-(1.) Any person who by any act done without Penalty for lawful authority or by negligence causes damage to any allotment allotment garden or any crops or fences or buildings garden. thereon shall be liable on summary conviction to a penalty not exceeding five pounds, but this provision shall not apply unless notice of this provision is conspicuously displayed on or near the allotment garden. (2.) Sub-section (4) of section twenty-one of the Land Settlement (Facilities) Act, 1919, is hereby repealed.1 (1) This section repeals sub-sect. 4 of sect. 21 of the Act of 1919, and practically re-enacts it, the only difference being that the former enactment applies to ઃઃ 66 any crops growing on an allotment cultivated as a garden," while the present section covers 66 any allotment garden or any crops or fences or build ings thereon." It extends to damage done "without lawful authority and It does not apply to an "allotment" as distinguished from §§ 19, 20. Action in default of certain local authorities. 66 allotment garden." In order to make it applicable it will be necessary to put up a notice on or near "the allotment garden warning trespassers and calling attention to the provision. The following form of notice is suggested: "NOTICE. ALLOTMENTS ACT, 1922. This land is cultivated as allotment gardens and crops are growing thereon. Any person who without lawful authority or by negligence causes damage to any allotment garden or any crops or fences or buildings thereon is liable on summary conviction to a fine of 51." Malicious destruction or damage with intent to destroy of any plant, root, fruit or vegetable production growing in any garden, orchard, nursery ground, hothouse, greenhouse or conservatory is under the Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), s. 23, punishable by imprisonment not exceeding six months or fine when the amount of injury done not exceeding 207. on a first offence. Under sect. 24 of the same Act, malicious destruction or damage with intent to destroy of any cultivated root or plant used for the food of man or beast or for medicine or for distilling or dyeing of, for, or in the course of any manufacture, and growing in any land upon or enclosed not being a garden, orchard, or nursery ground, is punishable by imprisonment not exceeding one month or fine not exceeding 20s. on a first offence. Stealing of plants, roots, fruits and vegetable productions growing in any garden, orchard, etc., is dealt with by sect. 8 of the Larceny Act, 1916 (6 & 7 Geo. 5, c. 50). 20. If it appears to the Minister, in relation to the London County Council or the council of any county. borough or Metropolitan borough, after holding a local inquiry at which the council, and such other persons as the person holding the inquiry, may, in his discretion, think fit to allow, shall be permitted to appear and be heard, that the council have failed to satisfy to the extent to which it is reasonably practicable, having regard to the provisions of the Allotments Acts, the demand for allotment by order, transfer to the Small Holdings Commissioners all (1) Sect. 2 of the Act of 1908, which provided for the appointment of Small Holdings Commissioners, has been repealed by the Act of 1926, but by sect. 22 of that Act reference to the Small Holdings Commissioners are to be construed as references to such officers of the Ministry of Agriculture and Fisheries as the Minister may appoint for the purpose. for allotment 21.-(1.) Notwithstanding anything in any other Act, Provision as the Commissioners of Woods may let for any term to a New Forest to parts of local authority under the Allotments Acts, and the local now used authority may take for the purpose of providing allot- gardens. ment gardens any land in the Forest (as defined in the New Forest Act, 1877) which is vested in His Majesty and was on the fifth day of April, nineteen hundred and twenty-two, being used for the provision of allotment gardens, and, with the consent of the Minister, such further land in the forest not exceeding sixty acres, as may be agreed between the Commissioners of Woods and the Verderers of the Forest: for Provided that, if at any time any land so let is used any purpose other than the provision of allotment gardens, the lease shall become void and the land shall revert to His Majesty and be held in the same manner as held before its use for the provision of allotment gardens and subject to the same rights and liabilities so it was far as practicable. (2.) While a lease under this section has effect any land let thereunder shall be free from all rights of common §§ 21, 22. and all other similar rights and privileges except the right of the public to use any highway on the land. (3.) Any rent received by the Commissioners under the lease shall be divisible between the Commissioners and the Verderers of the Forest in such proportions as may be agreed, or, in default of agreement, may be determined by the arbitration of a single arbitrator under the 52 & 53 Vict Arbitration Act, 1889, and the proportion received by the Verderers shall be applied as money received by the Verderers under the New Forest Act, 1877. c. 49. 1 & 2 Will. 4, c. 42. Interpreta tion. (4.) Any inclosure under the Poor Relief Act, 1831, or any amending Act, of land in the forest made after the passing of this Act shall be void.1 (1) The Poor Relief Act, 1831, empowered churchwardens and overseers of any parish (sect. 1) to hire and take on lease for the employment of the poor in such parish any suitable portion or portions of land within or near the parish to an extent not exceeding fifty acres, and (sect. 2) to inclose part of any waste or common land in or near the parish not exceeding fifty acres with the consent of the lord of the manor and the major part of the persons having right of common thereon, and to cultivate and improve the same for the use and benefit of the parish and the poor persons within the same, or to let any part or parts to any poor and industrious inhabitants of the parish to be by them occupied and cultivated. 22.-(1.) For the purposes of this Act, where the context permits The expression "allotment garden" means an allot ment not exceeding forty poles in extent which is wholly or mainly cultivated by the occupier for the production of vegetable or fruit crops for consumption by himself or his family; 1 The expression "landlord" means in relation to any land the person for the time being entitled to receive the rents and profits of the land; 2 The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under this Act in respect of compensation and shall include the legal personal representative of either party; The expression "council" shall, in the case of a rural parish not having a parish council, mean the parish meeting; The expression "industrial purpose" shall not include. use for agriculture or sport, and the expression agriculture" includes forestry, horticulture, or 66 the keeping and breeding of livestock; The expression "the Allotments Acts" means the pro- Acts, 1908 to 1919, which relate to Allotments The expression "Minister" means the Minister of The expression "borough" includes a metropolitan The expression "sinking fund charges" includes any charges for the repayment of loans whether by means of a sinking fund or otherwise. (2.) For the purposes of this Act, references to population shall be construed as references to population according to the published returns of the last census for the time being. (3.) Compensation recoverable by a tenant under this Act for crops or other things shall be based on the value. thereof to an incoming tenant. (4.) Where land is used by the tenant thereof as an allotment garden, then, for the purposes of this Act, unless the contrary is proved (a) the land shall be deemed to have been let to him to be used by him as an allotment garden; and (b) where the land has been sub-let to him by a local authority or association which holds the land. under a contract of tenancy, the land shall be deemed to have been let to that authority or § 22. |