Page:Halsbury Laws of England v1 1907.pdf/556

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Allotments.

334 Sect.

3.

Fuel Allotments. Provisions as to letting.

cases the powers and duties in respect of the allotments remain in the trustees acting together with the churchwardens and overseers in parish vestry assembled (c).

734. Industrious cottagers of good character, being day labourers or journeymen, legally settled in the parish, or dwelling within its bounds or those of the adjoining parishes, or being poor persons in any such parishes, are entitled to rent the allotments (d) in plots not exceeding one acre (e) as a yearly occupation from Michaelmas to Michaelmas and at such rent as land of the same quality is usually Applications to rent are to be made in the first let for in the parish. The allottee must cultivate the land proweek in September (/) perly (g) and no habitation must be erected thereon (h) The rent is payable at the end of the year and cannot be made payable in advance (i). A week's notice to quit may be given if rent is in arrear for four weeks or on failure to cultivate properly (k). Land illegally held over or unlawfully possessed, and rent in arrear, may be recovered summarily before the justices (l). Eates, taxes, and the like are payable by the persons in whom the allotments are vested, and such persons are deemed the occupiers .

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purpose (in). Eents from the allotments are

for this Application of rents.

Unlet allotments.

Prevention of diversion to other purposes.

be applied in the purchase of among poor parishioners legally settled and resident in or near the parish {n) Allotments which cannot be let to industrious cottagers as mentioned above may be let to any person at the best rent obtainable for a term not exceeding twelve months (p). to

fuel for distribution in the winter season

735. The diversion of fuel allotments from their originally declared uses is forbidden, but the Charity Commissioners may, upon the application of the trustees of any fuel allotments, authorise the use of such allotments as a recreation ground or as field gardens, and may make an order for the establishment of a scheme for the administration of such fuel allotments accordingly (q). (c) Allotments Act, 1832 (2 & 3 Will. 4, c. 42). The churchwardens and overseers were superseded by the overseers of the poor and the guardians of poor law unions (as the case might be). See Union and Parish Property Act, 1835 (5 & 6 Will. 4, c. 69), s. 4. (d) Allotments Act, 1832 (2 & 3 Will. 4, c. 42), s. 1, as extended by the Allotments Extension Act, 1882 (45 & 46 Vict. c. 80), s. 6. Por forms of letting, see Encyclopaedia of Porms, Vol. I., p. 442. (e) Poor Allotments Management Act, 1873 (36 & 37 Vict. c. 19), s. 10, repealing the original provision as to the minimum of a quarter of an acre. Allotments Act, 1832 (2 & 3 Will. 4, c. 42), s. 3. ( f)

(g)

Ibid.,

(h) Ibid.,

s. 2. s.

10.

(k)

and Allotments Extension Act, 1882 (45 Allotments Act, 1832 (2 & 3 Will. 4, c. 42), s. 5.

(/)

Ibid., ss. 6, 7.

(?)

Ibid.,

s. 4,

&

46 Vict.

c.

80),

s. 6.

(m) Poor Allotments Management Act, 1873 (36 & 37 Vict. c. 19), s. 13. {n) Allotments Act, 1832 (2 & 3 Will. 4, c. 42), s. 8. Although the provisions of this Act are extended to poor allotments (see p. 333, and note (o), ante), the application of the surplus rents of those allotments is not affected, and they are to be applied in aid of the poor rate (Poor Allotments Management Act, 1873 (36 & 37 Vict. c. 19), s. 14). (p) Commons Act, 1876 (39 & 40 Vict. c. 56), s. 26. Iq]

Ibid.,

s.

19.