SECT. 9. allotment, and to the repairs and other outgoings payable by the landlord, and to the cost and risk of collecting the rents of and otherwise managing allotments." Note. The clauses of the Allotments Acts other than the above which are incorporated by the provision in the text are to apply to the compulsory taking of any land under this section, and references in them to allotments must, when they are being applied to the taking of land for purposes other than allotments, be considered as eliminated by the " prescribed adaptations." Section 3 of the Allotments Act, 1887, provides as follows: (5.) "In construing for the purposes of this section any section or Acts incorporated with this section, this Act, together with any Act confirming a provisional order under this section, shall be deemed to be the special Act, and the sanitary authority shall be deemed to be the local authority or the promoters of the undertaking, as the case requires, and the word 'land' shall have the same meaning as in this Act. (6.) "Where land is purchased by a sanitary authority under this Act otherwise than by agreement, the following provisions shall apply : (a.) The county authority shall not make a provisional order for purchasing any park, garden, pleasure. ground, or other land required for the amenity or convenience of any dwelling-house, or any land the property of a railway or canal company which is or may be required for the purposes of their undertaking. (b.) The county authority shall in making a provisional order for purchasing land have regard to the extent of land held in the neighbourhood by any owner, and to the convenience of other property belonging to the same owner, and shall so far as is practicable avoid taking an undue or inconvenient quantity of land from any one owner. (7.) "For the purpose of the hiring of land by a sanitary authority for allotments, any person or body of persons or body corporate authorised to sell land to the sanitary authority for the purposes of this Act may, without prejudice to any other power of leasing, lease land to the sanitary authority without any fine or premium for a term not exceeding thirty-five years. (8.) "The county authority shall not make a provisional order for purchasing any right to coal or metalliferous ore." "Land" in the Allotments Act, 1887, "includes pasture, arable and other land, and any right of way or easement" (section 17), but a parish council cannot acquire a right of way otherwise than by agreement (post, sub-section (15)). Section 11 of the Allotments Act, 1887, relates to the sale of super- SECT. 9. fluous or unsuitable land, and provides as follows: (1.) Where the sanitary authority are of opinion that any land acquired by them in pursuance of this Act or any part thereof is no longer needed for the purpose of allotments, or that any other land more suitable for such purpose is available, they may, with the sanction of the county authority, sell or let such land or part, or exchange the same for other land more suitable for the said purpose, and may pay or receive money for equality of exchange. (2.) The proceeds of a sale under this section and any money received by the sanitary authority on any such exchange as aforesaid by way of equality of exchange, shall be applied in discharging, either by way of a sinking fund or otherwise, the debts and liabilities of the sanitary authority in respect of the land acquired under this Act, or in acquiring, adapting, or improving other land (for allotments) under this Act, and any surplus remaining may be applied for any purpose for which capital money may be applied and which is approved by the Local Government Board; and the interest thereon (if any) and any money received from the letting of the land may be applied in acquiring other land for allotments, or shall be applied in like manner as receipts from allotments under this Act are applicable: Provided that any such proceeds, surplus, interest, and money shall, in the case of a rural sanitary district, be credited to or applied for the benefit of the parish for which the land was purchased. Sub-section (3) applies to such sales the provisions of sections 128 to 132 of the Lands Clauses Consolidation Act, 1845, relating to the right of pre-emption of superfluous lands. As to the provisions of section 3 of the Allotments Act, 1890, see note to sub-section (12), ante. Note. (14.) Where the land is acquired otherwise than for Sub-sect. (14). allotments, it shall be assured to the parish council; and any land purchased by a county council for allotments under the Allotments Acts, 1887 and 1890, and this Act, or any of them, shall be assured to the parish council, and in that case sections five to eight of the Allotments Act, 1887, shall apply as if the parish council were the sanitary authority. ASSURANCE OF LAND.-It will be remembered that applications may be made under this section to acquire land either for the purpose of allotments or for any of the purposes for which a parish council are authorised to acquire land (see ante, sub-sections (2) (3)). Where the land is acquired for any purpose other than for allotments the conveyance will be to the parish council who are, under section 3, SECT. 9. Note. sub-section (9), created a body corporate, with power to hold land for the purposes of their powers and duties without license in mortmain. With respect to the acquisition of land for allotments, the district council are primarily the body whose duty it is to make the application; as has been pointed out (ante); they are the body who, under the Allotments Act, 1887, may petition the county council for a provisional order putting in force the compulsory provisions of the Lands Clauses Acts, and their powers and duties under the Act of 1887 exist, although the procedure to be adopted in order to put the compulsory powers in force will now be that established by this section. Where, therefore, it is the district council who have initiated the proceedings under this section for the compulsory taking of land for allotments they will be deemed to be the promoters of the undertaking, and the conveyance of the land will be to them. As to the management of allotments, see section 6, sub-section (4), ante, p. 40. Again, under the provisions of the Allotments Act, 1890, a county council may take over the powers and duties of the district council under the Act of 1887, and may acquire land for allotments in the same manner as the district council may acquire it under the Act of 1887; the procedure will, of course, be regulated by the present section. Where a county council have acquired land for allotments in this way the land is to be conveyed to the parish council, and thereupon sections 5 to 8 of the Act of 1887 are to apply as if the parish council were the sanitary authority (district council). These sections, which are too long to be set out in the compass of a note, relate to the powers of the district council of improving and adapting land for allotments, to their powers as to the general management of allotments, to regulations as to the letting and use of allotments, and to the powers of the sanitary authority to recover from the allotment tenants the rent and possession of the allotments. Sub-sect. (15). (15.) Nothing in this section shall authorise the parish council to acquire otherwise than by agreement any land for the purpose of any supply of water, or of any right of way. WATER SUPPLY AND RIGHTS OF WAY. -The powers of a parish council as to water supply are contained in section 8, sub-section (1) (e). See ante. But those powers are not to be exercised so as to interfere with the rights of any corporation or person. Their powers to acquire rights of way are limited to acquisition "by agreement." Section 8, sub-section (1) (g), ante. It seems, therefore, that even apart from the provision in the text compulsory powers could not be put in force as to these matters, and that that provision must be regarded as inserted ex abundanti cautela. Moreover, their powers to deal with insanitary ponds, &c., are not to be exercised so as to interfere with any private right. Section 8, sub-section (1) (f), ante. (16.) In this section the expression "allotments" in- SECT. 9. eludes common pasture where authorised to be acquired Sub-sect. (16). under the Allotments Act, 1887. COMMON PASTURE.-Section 12 of the Allotments Act, 1887, provides that "where it appears to any sanitary authority that as regards any parish in their district, if rural, that land can be acquired for affording common pasture at such price or rent that the expenses may reasonably be expected to be recouped out of the charges paid in respect thereof, and that the acquisition of such land is desirable in view of the wants and circumstances of the labouring population, such sanitary authority may submit to the county authority for the county in which the parish is wholly or partly situate, a scheme for providing such common pasture, and the county authority, if satisfied of the expediency of such scheme, may, by order, authorise the sanitary authority to carry it into effect, and upon such order being made this Act shall, with the necessary modifications, apply in like manner as if 'allotments' in this Act included common pasture, and 'rent' included a charge for turning out an animal. "Provided that the regulations made under this Act may extend to regulating the turning out of animals on the common pasture, to defining the persons entitled to turn them out, the number to be turned out, and the conditions under which animals may be turned out, and fixing the charges to be made for each animal, and otherwise to regulating the common pasture." This provision will, of course, apply subject to the alterations in procedure introduced by the present section. The power to make regulations as to common pasture is in the district council, but they can empower the parish council in their capacity of allotment managers (see section 6, sub-section (4), ante), to make those regulations. Allotments Act, 1887, section 6, sub-section (4). (17.) Where, under the Allotments Act, 1890, the Sub-sect. (17). Allotments Act, 1887, applies to the purchase of land by the county council, that Act shall apply as amended by this section, and the parish council shall have the like power of petitioning the county council as is given to six parliamentary electors by section two of the Allotments Act, 1890. See notes to sub-sections (5) and (14), and also section 6, sub-section (3), and note. The powers of petitioning the county council under the Allotments Act, 1890, seems to have been already conferred on a parish council by section 6, sub-section (3), ante. (18.) This section shall apply to a county borough Sub-sect. (18). with the necessary modifications, and in particular with SECT. 9. the modification that the order shall be both made and confirmed by the Local Government Board and shall be carried into effect by the council of the county borough. APPLICATION OF SECTION TO COUNTY BOROUGHS. - County boroughs are certain large boroughs each of which forms an administrative county of itself; most of these were constituted by the Local Government Act, 1888, s. 31, and a list of them is contained in the Third Schedule to that Act. A few have since been constituted by provisional orders. This section can only apply to a county borough in so far as it relates to the acquisition of land by a district council, i.e., for allotments. It should be mentioned that the Local Government Act, 1888, s. 34, sub-section (7), provides that the powers and duties of the county authority under the Allotments Act, 1887, shall, as respects a county borough, continue to be exercised and performed by the Local Government Board. Sub-sect. (19). (19.) The expenses of a county council incurred under this section shall be defrayed in like manner as in the case of a local inquiry by a county council under this Act. EXPENSES OF COUNTY COUNCIL. -The expenses referred to in the present sub-section will include such expense as may be incurred in giving the notices required by sub-section (3) to be given by them, in making an order under sub-section (4), in serving a copy of the order and the statement, if the county council is the body required to do so, under sub-section (6), by the prescribed regulations. It does not seem that that council will be entitled to appear before the Local Government Board in support of their own order at a local inquiry held by that Board under sub-section (7); they can hardly be said to be "persons interested" within the meaning of section 297, sub-section (2), of the Public Health Act, which sub-section applies to local inquiries by the Board under this section. See sub-section (8). The expenses of a county council incurred under this section are to be defrayed as their expenses of a local inquiry under the Act. As we have seen (ante, sub-section (12), note), a county council will have power to make orders as to their costs of inquiries under this section: but the reference in the text seems to be to the more general provision of section 72, sub-section (4), post, as to the expenses of a local inquiry by a county council; that provision, which is not necessarily inconsistent with sub-section (12) of this section, is as follows: "Where a county council hold a local inquiry under this Act or under the Local Government Act, 1888, on the application of the council of a parish or district, or of any inhabitants of a parish or district, the expenses incurred by the county council in relation to the inquiry (including the expenses of any committee or person authorised by the county council) shall be paid by the council of that parish or district, or, in the case of a parish which has not a parish council, by the parish |