CAB37-17 — Page 176

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The important feature of this Act is that it allows land to be taken compulsorily by the sanitary authority for its purposes, through the machinery of a Provisional Order made under The Public Health Act 1875; thus placing the provision of gardens on the same footing as the provision of cottages, and recognising the principle of compulsory purchase as applicable in these

cases.

A review of the above legislation shows —

(i.) That the legislation has been parochial in the sense that it entrusts the provision and the management of allotments to parish authorities, subject to the qualification that boards of guardians act for all the parishes in their union ;

(ii.) That allotments can be provided for parishes by the following

methods :-

(4.) By letting land belonging to or acquired by parishes under Sturges Bourne's Act of 1819;*

(B.) Through a Provisional Order made by the Inclosure (now Land) Commissioners, under the Inclosure Acts;

(c.) By trustees of charity lands being compelled to let portions of such lands in allotments under the Act of 1882;

(D.) Through the insertion in a scheme made by the Charity Commissioners, under the Charitable Trusts Acts, of provisions for letting in allotments part of the charity land subject to the scheme; (iii.) That one acre has always been recognised as the maximum size of allotments, which have always been presumed to be intended for cultivation; †

(iv.) That the principle of limiting the rent to what may be termed a fair

agricultural rent is now a feature of all the Acts;

(v.) That the qualification of good character in the applicants, required in

the earliest Acts, is not required by the Act of 1882;

(vi.) That, under the Housing of the Working Classes Act of last Session, a statutory power exists of acquiring land for gardens attached to cottages, by compulsory purchase, through the machinery of a Provisional Order made by a Government department, and confirmed by Parliament.

General Summary of legislation.

operation of

It would require a very wide experience to speak with confidence of Practical the practical results of the above legislation, which have no doubt varied in

• The provisions for enabling parish authorities to enclose common land for allotments are now practically obsolete.

† It was pointed out in evidence before the Select Committee which inquired into the operation of the Allotments Extension Act in 1884, that the natural effect of granting allotments exceeding an acre is to turn the allottee into a market gardener or job labourer, as he cannot continue in regular employment, and at the same time work a large allotment.

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