66 (2.) A county council may lend to a parish council any money which the parish council are authorised to borrow, and may, if necessary, without the sanction of the Local Government Board, and irrespectively of any limit of borrowing, raise the money by loan, subject to the like conditions and in the like manner as any other loan for the execution of their duties, and subject to any further conditions which the Local Government Board may by general or special order impose.” By sect. 19 of the same Act, in a rural parish not having a separate parish council, on the application of the parish meeting, the county council may confer on that meeting any of the powers conferred on a parish council by that Act (sub-sect. 10). These powers would, it would seem, include the power of borrowing. § 53. (7) Public Health Act, 1875, s. 242.-" The Public Works Loan Power of Commissioners may, if they see fit, on the application of any Public Works Loan Comlocal authority, make any loan to such authority for any of the missioners to purposes of this Act on the security of any fund or rate applicable to any of the purposes of this Act, without requiring any further authority. or other security." Sect. 243." The Public Works Loan Commissioners may, on the application of any local authority and on the recommendation of the Local Government Board, make any loan to such authority in pursuance of any powers of borrowing conferred by this Act, whether for works already executed or yet to be executed, on the security of any fund or rate applicable to any of the purposes of this Act, and without requiring any further or other security, such loan to be repaid within a period not exceeding fifty years, and to bear interest at the rate of three and a half per centum per annum, or such other rate as may, in the judgment of the Commissioners of the Treasury, be necessary, in order to enable the loan to be made without loss to the Exchequer: 66 66 Provided “(1) That in determining the time when a loan under this section shall be repayable, the Local Government, Board shall have regard to the probable duration and continuing utility of the works in respect of which the same is required: "(2) That this section shall not extend to any loan required for the purpose of defraying expenses incurred by the Local Government Board in the performance of the duty of a defaulting local authority after the passing of the Public Health Act, 1872. In the case of a loan made before the passing of the Public lend to local Power of Public Works missioners to lend to local authority on Loan Com recommenda tion of Local Government Board. §§ 53, 54. Health Act, 1872, to any local authority in pursuance of any powers conferred by the Sanitary Acts, the Public Works Loan Commissioners may reduce the interest payable thereon to the rate of not less than three and a half per centum per annum." As to the powers of the Public Works Loan Commissioners, see note (5) to sect. 52, ante, p. 77. Separate accounts of receipts and expenditure. The Commissioners will not be prepared to advance moneys for allotment purposes to a parish council unless they are satisfied that in addition to other charges the annual income is sufficient to cover the annual instalments of principal in respect of the loan, [1914] L. G. B. Dec. p. 42. 54. (1.) Separate accounts shall be kept of the receipts and expenditure of a council under this Act with respect to small holdings or allotments, and any such receipts shall, subject to the provisions of this Act, be applicable to the purposes of small holdings or allotments,1 but not for any other purpose except with the consent of the Local Government Board; and, for the purpose of the provisions relating to the audit of accounts, any persons appointed under this Act by a council to exercise and perform powers and duties as to the management of allotments shall be deemed to be officers of the council. (2.) The council of a borough, urban district, or parish shall within one month after the end of every financial year of the council 2 cause an annual statement, showing their receipts and expenditure with respect to allotments for that year and their liabilities outstanding at the end of that year, to be deposited at some convenient place in the borough, district, or parish, and any ratepayer may without fee inspect and take copies of the statement. (1) This provision must, it is submitted, be read reddendo singula singulis, so that the receipts and expenditure in respect of small holdings and of allotments must be kept distinct. Receipts for one purpose will not be applicable to the other. An urban district council may defray preliminary expenses of the provision of allotments out of the general district fund and debit the expenditure to a separate allotments account. The general district fund should be recouped subsequently out of the rents of allotments, [1912] L. G. B. Dec. p. 64. (2) The financial year of councils of a borough, urban district, §§ 54—57. or parish is the twelve months ending 31st March. See Local Government Act, 1888, s. 73; Local Government Act, 1894, s. 58. Supplemental. as to land sioners. 55. Any land acquired by the Commissioners under Provisions this Act or any enactment repealed by this Act shall be acquired by vested in the Board, but the Board may at any time Commistransfer the land to the council at whose expense the land was acquired, and shall so transfer the land on payment of all sums due from the council in connection therewith, and on proof to the satisfaction of the Board that the council are willing to exercise and perform their powers and duties in relation thereto.1 (1) Repealed by the Act of 1926. as to Com 56. Anything by this Act required or authorised to be Provisions done by or to the Commissioners may be done by or to missioners. any one such Commissioner, and any document purporting to be signed by a Commissioner shall be received in evidence without proof of the appointment or handwriting of the Commissioner.1 (1) Repealed by the Act of 1926. 57.—(1.) The Board and the Small Holdings Com- Local missioners and other1 officers of the Board shall have for inquiries. the purpose of an inquiry in pursuance of this Act the same powers as the Local Government Board and their inspectors respectively have for the purpose of an inquiry under the Public Health Acts.2 (2.) Notices of the inquiries shall be given and published in accordance with such general or special directions as the Board may give. (3.) A local inquiry by a county council for the purposes of the provisions of this Act relating to allotments shall be held by such one or more members of the small §§ 57, 58. holdings and allotments committee of the council or by such officer of the council or other person as that committee may appoint to hold the inquiry.3 Power of Board to direct inquiries. Orders as to costs of inquiries. Orders of Board under this Act. Power of Board. Arbitrations and valuations. (1) The words in italics are repealed by the Act of 1926. (2) Public Health Act, 1875, s. 293: "The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place, or any matters with respect to which their sanction, approval, or consent is required by this Act." Sect. 294." The Local Government Board may make orders as to the costs of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to the parties by whom or the rates out of which such costs shall be borne; and every such order may be made a rule of one of the superior Courts of law on the application of any person named therein." Sect. 295.-" All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct." Sect. 296. Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have, in relation to witnesses and their examination, the production of papers and accounts, and the inspection of plans and matters required to be inspected, similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts." (3) As to the remuneration of a person appointed by a county council to hold a local inquiry, see Middlesex County Council v. Kingsbury Urban Council (78 L. J. K. B. 442; (1909) 1 K. B. 554). 58.-(1.) All questions which under this Act are referred to arbitration shall, unless otherwise expressly provided by this Act, be determined by a single arbitrator in accordance with the Agricultural Holdings (England) Act, 1908.1 (2.) Where an order has been made and confirmed authorising the compulsory acquisition of land by the Commissioners acting in default of a county council, the arbitrator or valuer, as the case may be, shall be appointed §§ 58–60. by the Lord Chief Justice of England instead of by the Board.2 (3.) The remuneration of an arbitrator or valuer appointed under this Act shall be fixed by the Board.3 (1) Under sect. 13 of the Agricultural Holdings Act, 1908 (now replaced by sect. 16 of the Agricultural Holdings Act, 1923), all questions which under that Act or under the contract of tenancy are referred to arbitration are to be determined by a single arbitrator in accordance with the provisions set out in the Second Schedule to that Act. For these provisions, see Spencer's Agricultural Holdings Act, 1923, p. 134. The arbitrator will be a person agreed upon between the parties, or, in default of agreement, nominated by the Minister of Agriculture and Fisheries: Agricultural Holdings Act, 1923, Sched. II. r. 1. (2) Repealed by the Act of 1926. (3) As to the difference between arbitration ana valuation, see per Esher, M.R., in Re Dawdy (54 L. J. Q. B. 574; 15 Q. B.D. 426); also see Re Curus Wilson and Greene (56 L. J. Q. B. 530; 18 Q. B. D. 7); and Re Hammond and Waterton (62 L. T. 808). to Parliament. 59. The Board shall make an annual report to Parlia- Annual report ment of their proceedings, and of the proceedings of the Commissioners,1 under this Act, and also of the proceedings of the several county, borough, district, and parish councils under this Act, and for that purpose every such council shall, before such date in every year as the Board may fix, send to the Board a report of their proceedings under this Act during the preceding year.2 (1) The words in italics are repealed by the Act of 1926. (2) See sect. 13 of the Act of 1925, which requires the purchase, rent and rateable value of land purchased or leased under the Allotments Acts to be recorded by the local authority and included in the report under this section. existing 60. Nothing in this Act shall affect the rights and Saving for obligations under any tenancy created under any enact- tenancies. ment repealed by this Act. |