fixing the charges to be made for each animal, and other- §§ 34, 35. wise to regulating the common pasture.

(1) The word "labouring "is omitted by the Act of 1919. (2) The provision of common of pasture is a matter distinct from that of allotments. The powers of this section may be exercised by the council of any borough, urban district, or parish by means of a scheme submitted to and approved by order of the county council. There is no provision for a representation by six electors or ratepayers to set the council in motion as in the case of allotments under sect. 23, sub-sect. 2. The council are to move simply on their own judgment.

room free of

35.—(1.) Any room in a public elementary school in Use of schoolrespect of which a grant is made out of moneys provided charge. by Parliament may, except while the room is being used for educational purposes, be used free of charge for the purposes of this Part of this Act by the county council, or, with the consent of any two managers, for the purpose of holding public meetings to discuss any question relating to allotments under this Act, but any damage done to the room and any expense incurred by the persons having control over the room on account of its being so used shall be paid by the county council or the persons calling the meeting.1

(2.) Nothing in this section shall give any right to hold a public meeting in a schoolroom

(a) Unless not less than six days before the meeting a notice of the intention to hold the meeting on the day and at the time specified in the notice, signed by the persons calling the meeting, being not less than six in number, and being persons qualified to make a representation to the council of a borough, urban district, or parish under this Part of this Act, has been given, in the case of a school provided by the local education authority to the clerk of that authority, and in any other case to one of the managers of the school; 2 or

§ 35.

(b) if the use of the schoolroom on the said day and at the said time has previously to the receipt of the notice of the meeting been granted for some other purpose; but in that case the clerk or manager, or some one on his behalf, shall forthwith, after the receipt of the notice, inform in writing one of the persons signing it that the use of the school has been so granted for some other purpose, and name some other day on which the schoolroom can be used for the meeting.

(3.) If the persons calling the meeting fail to obtain the use of a schoolroom under this section, they may appeal to the small holdings and allotments committee under this Act, and the committee shall forthwith decide the appeal, and make such order respecting the use of the room as seems just.

(4.) Nothing in this section shall affect the powers as to the use of schoolrooms conferred by section four of the 56 & 57 Vict. Local Government Act, 1894.3

c. 73.

(1) The county council may, without the permission of the managers, use any room in an elementary school receiving a parliamentary grant for the purposes of this Part of the Act. When it is not the county council who require the use of the room, but other persons, they may obtain it for the purpose of a public meeting to discuss any question relating to allotments under this Act (e.g., the desirability of the provision or extension of allotments) with the consent of any two managers. It appears that the use of the room may be obtained even though the other managers dissent, and that the allotments under discussion need not necessarily be in or relate to the parish in respect of which the school is provided, nor is there any provision that the persons calling the meeting must be ratepayers of that parish, but they must be parliamentary electors or ratepayers resident in some borough, urban district, or parish.

(2) The persons qualified to make a representation to the council of a borough, urban district, or parish, are parliamentary electors or ratepayers resident in the borough, urban district, or parish. See sect. 23, sub-sect. 2.

(3) Sect. 4 of the Local Government Act, 1894, empowers, in §§ 35-37. a rural parish, the parochial electors and the parish council to use, free of charge, at all reasonable times and after reasonable notice, any suitable room of any public elementary school receiving a parliamentary grant for the purpose of (a) the parish meeting or any meeting of the parish council; (b) any inquiry for parochial purposes by the Local Government Board, or any other Government Department or local authority; (c) holding meetings convened by the chairman of the parish meeting or by the parish council, or, if as to allotments, in the manner prescribed by the Allotments Act, 1890 (sect. 5 of which Act corresponds with the present section), or otherwise as the Local Government Board may by rule prescribe, to discuss any question relating to allotments under the Allotments Acts, 1887 and 1890, or under that Act; (d) the candidature of any person for the district council or the parish council; or (e) any committee or officer appointed, either by the parish meeting or council, or by a county or district council, to administer public funds within or for the purposes of the parish.

36. The powers as to allotments conferred on borough, Application to London. urban district, and parish councils by this Act may in London be exercised by the London County Council, and the provisions of this Act as to allotments shall apply accordingly, except that, subject to the provisions of this Act, the expenses shall be defrayed and money borrowed under and in accordance with the provisions of the Local 51 & 52 Vict. Government Act, 1888.1

(1) Provisions as to the expenditure of county councils are contained in sect. 68 of the Local Government Act, 1888, and as to borrowing, in sect. 69 of the same Act. As to the application of the Act to the Metropolis, see sect. 40 of the same Act. Sect. 26 of the Act of 1919 confers on metropolitan boroughs the powers as to allotments exercisable under this Act by borough councils.

c. 41.

to county

37. Such of the provisions of this Part of this Act as Application require the sanction of, submission to, or order of, a boroughs. county council shall not apply in the case of a county borough.

$ 38.

Purchase of land by agreement.

PART III.-GENERAL.

Acquisition of Land.

38. For the purpose of the purchase of land by agreement under this Act by a council, the Lands Clauses Acts shall be incorporated with this Act,1 except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section one hundred 38 & 39 Vict. and seventy-eight of the Public Health Act, 1875, shall apply as if the council were referred to therein.2

c. 55.

Power to purchase lands by agreement.

Parties under disability

enabled to sell and convey.

(1) An agreement by a corporation to purchase lands in order to be valid should be under seal: Oxford Corporation v. Crow ((1893), 3 Ch. 535).

The following are some of the provisions of the Lands Clauses Act, 1845, relating to the taking of land by agreement which it appears material to state:

Sect. 6.- Subject to the provisions of this and the special Act, it shall be lawful for the promoters of the undertaking to agree with the owners of any lands by the special Act authorised to be taken, and which shall be required for the purposes of such Act, and with all parties having any estate or interest in such lands or by this or the special Act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever.

Sect. 7. It shall be lawful for all parties, being seised, possessed of, or entitled to any such lands, or any estate or interest therein, to sell and convey or release the same to the promoters of the undertaking, and to enter into all necessary agreements for that purpose; and particularly it shall be lawful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release; (that is to say) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession, or subject to any estate in dower, or to any lease for life, or for lives and years, or for years, or any less interest; and the power so to sell and convey or release as aforesaid may

be lawfully exercised by all such parties, other than married women entitled to dower, or lessees for life, or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women, whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics, and idiots could have exercised the same power under the authority of this or the special Act if they had respectively been under no disability, and as to such trustees, executors, and administrators on behalf of their cestui que trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestui que trusts respectively could have exercised the same powers under the authority of this and the special Act as if they had respectively been under no disability.”

§ 38.

exercise other powers.

Sect. 8.-"The power hereinafter given to enfranchise copyhold Parties under lands, as well as every other power required to be exercised by disability to the lord of any manor pursuant to the provisions of this or the special Act, or any Act incorporated therewith, and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and may lawfully be exercised by every party herein before enabled to sell and convey or release lands to the promoters of the undertaking."

in case of parties under disability to be ascertained by valuation and paid into the bank.

Sect. 9.-"The purchase-money or compensation to be paid for Amount of any lands to be purchased or taken from any party under any dis- compensation ability or incapacity, and not having power to sell or convey such lands except under the provisions of this or the special Act, and the compensation to be paid for any permanent damage or injury to any such lands, shall not, except where the same shall have been determined by the verdict of a jury, or by arbitration, or by the valuation of a surveyor appointed by two justices under the provision hereinafter contained, or be less than shall be determined by the valuation of two able practical surveyors, one of whom shall be nominated by the promoters of the undertaking, and the other by the other party, and if such two surveyors cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other