§§ 11, 12. Transfer for a small holding. Transfer not for a small holding. Sales under sect. 12 of the Small Holdings Act, 1908. Charges by purchaser of a small holding. Provision of cottage holdings. purpose of small holdings under the Small Holdings and Allotments Acts, 1908 to 1919. "118. On a sale by a county council of land subject to all or some of the conditions of sect. 12 of the Small Holdings and Allotments Act, 1908, the transfer shall be in Form 37, and a restriction and note in Form 39 shall be entered in the register. "119. On a sale by a county council of land free from all the conditions of sect. 12 of the Small Holdings and Allotments Act, 1908, the transfer shall be in Form 38, and all reference to the Small Holdings Act shall be cancelled in the register. "120. On a sale made by a county council under sect. 12 of the Small Holdings and Allotments Act, 1908, no evidence shall be required by the Registrar as to the happening of any of the events mentioned in the said section as giving rise to the powers of the county council or the fulfilment of any of the provisions in that section contained. "143. A charge to secure part of the purchase-money on a sale by a county council under the Small Holdings and Allotments Acts, 1908 to 1919, and the Allotments Act, 1922, shall be in Forms 48, 49 or 50, with such additions or modifications as the circumstances may require." By rule 324 the Land Registry (Small Holdings) Rules, 1892, are rescinded. The provisions as to sales of small holdings' land are contained in sects. 6 and 8 of this Act. For the forms referred to in the above rules, see Appendix II., post, p. 333. Cottage Holdings. 12.-(1.) The power of providing small holdings for persons who desire to buy them conferred by this Part of this Act shall include power of providing cottage holdings, that is to say, holdings comprising a dwelling-house together with not less than forty perches and not more than three acres of agricultural land which can be cultivated by the occupier of the dwelling-house and his family; and all the provisions of the Small Holdings and Allotments Acts, 1908 to 1919, and of this Act, with respect to small holdings, other than those relating to the letting of holdings, shall apply to cottage holdings as if the expression "small holding" included a cottage holding:1 Provided that— (a) the power of providing cottage holdings shall borough: (b) a county council shall not sell a cottage holding (2.) For the purposes of this section the expression "rural industry" means an industry carried on in or adjacent to a village being an industry ancillary to the industry of agriculture or horticulture for the time being approved by the Minister.2 (1) The power of providing cottage holders is a new feature introduced by this Act. It is to be observed that it is only available for persons who desire to buy the holding and not for tenants, but the previous provisions of this Act for purchase of a small holding by means of a terminable annuity (sect. 5, ante, p. 195) will apply in the case of cottage holdings. The power given to councils by this section is voluntary, and there is no compulsion on them to exercise it, though it is evidently contemplated that they will do so. The council acquiring the land will have power to equip it with a dwelling-house and any other buildings which may be required by virtue of sect. 12 of the Land Settlement (Facilities) Act, 1919, ante, p. 110. (2) Cottage holdings are not to be available under the Act for other than bonâ fide agricultural labourers and persons employed in a "rural industry." Agriculture" includes horticulture and the use of land for any purpose of husbandry, § 12. §§ 12, 13. inclusive of the keeping or breeding of live stock, poultry, or bees, and the growth of fruit, vegetables and the like: see the definition Power of county council to advance money for purchase of small holdings. 66 in sect. 61 (1) of the Act of 1908, ante, p. 86. To constitute a rural industry" it must (i) be carried on in or adjacent to a village; (ii) be ancillary to the industry of agriculture or horticulture; (iii) be approved by the Minister. It is assumed that the industries of the village blacksmith and village carpenter are "rural industries" for the purpose of this section, but it is difficult to say what the full extent of the expression may be, and it will be necessary that the approval of the Minister should be obtained in each case. Loans by County Councils to Persons purchasing Small 13. (1.) Where a person being desirous of purchasing a small holding which he is able to cultivate properly has agreed with the owner for the purchase thereof, the county council of the county in which the holding or any part of it is situate may, if they think fit, advance to the purchaser on the security of the holding an amount not exceeding nine-tenths of the value of the holding as ascertained to the satisfaction of the county council repayable by a terminable annuity for a period not exceeding sixty years.1 (2.) The provisions of this Act with respect to the terminable annuity secured by a charge on a small holding sold by a county council, and with respect to any small holding so sold, shall apply to a terminable annuity charged and a holding purchased under this section, as if the advance was the purchase-money.2 (3.) No advance shall be made by a county council under this section unless they are satisfied that the title to the holding is good, that the sale is made in good faith, and that the price is reasonable. (4.) Where the person desirous of effecting the purchase is a person for whom a cottage holding could be provided by the county council, this section shall apply as if references therein to small holdings included refer- §§ 13, 14. ences to cottage holdings. (1) This section enables councils to advance money for the purchase of small holdings by persons able to cultivate them properly in cases where the council are not themselves the owners of the small holding. As to what is a small holding, see the definition in sect. 61 (1) of the Act of 1908, ante, p. 86, as amended by sect. 16 of this Act. The section is applied to "cottage holdings" by sub-sect. (4). (2) See the provisions as to terminable annuities and conditions affecting small holdings sold in sects. 5 and 6 of this Act, ante, pp. 195, 196, 197. Power of councils to 14. (1.) A county council may(a) subject to the provisions hereinafter contained, make adadvance money to owners of small holdings vances for equipment provided by the council under the principal of small Act as amended by this Act for the purpose holdings. of constructing, altering or adapting or undertaking to construct, alter or adapt houses and farm holdings on such small holdings; and (b) undertake to guarantee the repayment to a society incorporated under the Building Societies Acts, 1874 to 1894, or the Industrial and Provident Societies Acts, 1893 to 1913, of any advances made by the society to any of its members, being the owners of small holdings provided by the council as aforesaid, for the purpose of enabling them to construct, alter or adapt houses or farm buildings on such small holdings, and the interest on such advances.1 (2.) The county council before granting such assistance shall satisfy themselves that the houses or farm buildings in respect of which assistance is to be given will, when the construction, alteration or adaptation is completed, in the case of houses, be in all respects fit for human habitation, and in the case of houses and farm buildings S.H. 14 § 14. be in all respects suitable and necessary for the requirements of the small holdings.1 (3.) Any such advance as aforesaid shall be subject to the following conditions: (a) The advance with interest thereon shall be secured by mortgage, and the advance shall not exceed ninety per cent. of the value of the interest of the mortgagor in the property, and the mortgage deed may provide for repayment being made either by instalments of principal or by an annuity of principal and interest combined, so, however, that in the event of any of the conditions subject to which the advance is made not being complied with the balance for the time being unpaid shall become repayable on demand by the council; (b) The advance may be made by instalments from time to time as the construction, alteration or adaptation of the house or farm building progresses, so, however, that the total of the advance does not at any time before the completion of the construction, alteration or adaptation exceed fifty per cent. of the value of the work done up to that time on the construction, alteration or adaptation of the house or farm building, or on works incidental thereto; and (c) The advance shall not be made except after a valuation duly made on behalf of the council. (4.) The making of advances and the fulfilling of guarantees under this section (except a guarantee of interest) shall be purposes for which a council may borrow under section fifty-two of the principal Act. (1) The power given by this section to advance money and to guarantee advances for the equipment of small holdings is new, although the Act of 1919, by the repealed sect. 18, gave power to advance money to tenants of small holdings for purchase of live stock, fruit trees, implements, &c. (See ante, p. 115.) The |