§§ 22, 23. 9 & 10 Geo. 5, c. 63. Short title, commence ment, and repeal. association for the purpose of being sub-let for such use as aforesaid. (5.) The powers conferred by this Act on a council of a borough, may, in London, be exercised by the London County Council. (6.) For removing doubts, it is hereby declared that the expression "holding" in the Agricultural Holdings Act, 1908, and in the Agricultural Land Sales (Restriction of Notices to Quit) Act, 1919, does not include any allotment garden or any land cultivated as a garden unless it is cultivated wholly or mainly for the purpose of the trade or business of market gardening.3 66 (1) This seems to be the first definition of an allotment garden." It is excluded from the definition of a "holding" in the Agricultural Holdings Act, 1923, s. 57. (2) This definition of landlord is the same as in the Agricultural Holdings Act, 1923, s. 57. In the case of a claim for compensation the landlord liable is the person entitled to receive the rents and profits of the land when the tenancy in fact terminates and although some other person may have been landlord when the notice to quit was given. See Bradshaw v. Bird (90 L. J. K. B. 221; [1920] 3 K. B. 144). As to who may be the person entitled to receive the rents and profits," see Dale v. Hatfield Chase Corporation (92 L. J. K. B. 237; [1922] 2 K. B. 282); Tombs v. Turvey (93 L. J. K. B. 785); and Richards v. Pryse ([1927] 2 K. B. 76). (3) This sub-section is repealed by the Agricultural Holdings Act, 1923, it having become unnecessary as an allotment garden is excluded from the definition of a "holding" to which that Act applies. 23.—(1.) This Act may be cited as the Allotments Act, 1922, and the provisions of the Small Holdings and Allotments Acts, 1908 to 1919, which relate to allotments and this Act may be cited together as the Allotments Acts, 1908 to 1922. (2.) The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule. (3.) This Act shall not apply to Scotland or Ireland. SCHEDULE. ENACTMENTS REPEALED. Extent of Repeal. Session and Short Title. 8 & 9 Vict. c. 118. 50 & 51 Vict. c. 26. 53 & 54 Vict. c. 57. The Inclosure Act, In section one hundred and ten 1845. The Allotments and Crops Act, 1887. from "Provided" to the end The whole Act. The Tenants Com- The whole Act. 8 Edw. 7, The Small Holdings 10 & 11 Geo. 5, c. 76. Subsection (3) of section twenty- Subsection (1) of section twenty- The Agriculture Act, Section eleven. 12 S.H. Section 23. THE ALLOTMENTS ACT, 1925 (15 & 16 GEO. 5, c. 61). An Act to facilitate the acquisition and maintenance of allotments, and to make further provision for the security of tenure of tenants of allotments. [7th August, 1925.] Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. In this Act, unless the context otherwise requires, Commissioners; The Act of 1922" means the Allotments Act, 1922. 66 (1) See the definition of allotment garden" in the Act of 1922, s. 22, ante, p. 174, and that of "allotment" in sect. 3 (7) of the same Act. The definition of "allotment" for the purposes of this Act embraces both " allotment gardens" and "allotments,” and extends the latter to parcels of land not exceeding five acres. There is no definition of a garden "farm or a in the Act. § 2. Loans by Commissioners to allotment societies. 38 & 39 Vict. c. 89. 2.-(1.) Subject to such conditions and during such period as the Treasury may prescribe, and up to an aggregate amount approved by the Treasury, the Commissioners may, in manner provided by the Public Works Loans Act, 1875, as amended by this section, lend to any approved society 1 money required for the purpose of purchasing land to be used as allotments. (2.) Any loan made under the powers of this section shall be secured by mortgage or charge on the lands in respect of which the loan is made, and such other land or property (if any) as the society is willing to mortgage or charge with repayment of the loan. (3.) Lands purchased by an approved society, and in respect of which a loan is made by the Commissioners, shall thereafter, while owned by such society, be let to members of such society or others and used as allotments, provided that it shall be competent for the society to dispose of the land or any part thereof if so authorised by a resolution passed by two-thirds at least of the members present at a meeting of the society convened for this purpose by a notice stating the proposal for sale, and if the consent of the Minister of Agriculture and Fisheries is obtained: Provided also that, if at the time of such sale any part of a loan made under this section remains unpaid, the sale shall also be subject to the consent of the Commissioners. Nothing in this sub-section shall affect or apply to the use or disposal of any such land by the Commissioners or any persons derving title under them in such manner as they may think fit. (4.) The Commissioners shall not under this section advance a sum in excess of two-thirds of the value, as ascertained to the satisfaction of the Commissioners, of the land proposed to be acquired or make any advance` to a society except where it is shown to the satisfaction |