Land Settlement (Facilities) Act 1919

SCHEDULES.

Section 9.

FIRST SCHEDULE

1 Every annuity shall be charged on and payable out of the county fund or borough fund or rate, as the case may be, of the county or borough by the council of which the annuity is payable.

2 The council shall issue a certificate of the annuity to the person entitled thereto (in this schedule referred to as " the annuitant"), and for the purposes of this provision the person who could, if the land had been disposed of for cash, have given a good discharge for the purchase money, shall be deemed to be the person entitled to the annuity. If any question arises as to the person to whom a certificate ought to be issued, that question shall be referred to and decided by the Board of Agriculture and Fisheries, whose decision shall be final and conclusive.

3 If in any case the Board think it desirable so to do for the purpose of protecting the interests of persons entitled to any mortgage, charge, or other incumbrance on an annuity, they may direct that the certificate to be issued in respect of the annuity shall be issued to and held by such persons as they appoint to be trustees for the purpose, and the persons so appointed shall, subject to the provisions of any regulations made under this schedule, be deemed to be the persons entitled to the .annuity.

4 Any annuity may be divided at the option of the annuitant into two or more annuities of any amount not being less than one pound, and any annuities whether sub-divided or not may be consolidated with other annuities payable by the same council as the annuitant may direct.

5 An annuity shall be payable by equal half-yearly payments on the thirty-first day of March and thirtieth day of September in every year, and the first half-yearly payment in respect of the annuity, or, if a full half-yearly payment has not then accrued due, payment of a proportionate part of the annuity, shall be made on the half-yearly day which occurs next after the date on which the land in respect of which the annuity is issued is acquired.

6 The council shall deliver to the annuitant or send to him by post a warrant or order on the county or borough treasurer, as the case may be, for every payment due to him.

7 An annuity shall be included among the securities upon which a trustee may invest under the Trustee Act, 1893.

8 If within thirty days after a payment in respect of an annuity becomes due the payment is not made, the annuitant may recover the amount thereof against the council in any court of competent jurisdiction.

9 The annuitants, without prejudice to other remedies, may enforce payment of arrears of their annuities by the appointment of a receiver as though each annuity was interest on a mortgage granted to them by the council under the Local Government Act, 1888, or the Public Health Act, 1875, as the case may be.

10 The Local Government Board may make regulations with respect to the keeping by a council of a register of annuitants, and with respect to the transfer and transmission of annuities, and with respect to the redemption of annuities, and the creation of a sinking fund by councils for that purpose, and the Board of Agriculture and Fisheries may make regulations for the purpose of otherwise carrying the provisions of this schedule into effect.

11 No notice of any trust expressed, implied or constructive shall be receivable by a council in respect of an annuity, and no entry with, respect to any such trust shall be made in any register of annuitants.

Section 25.

SECOND SCHEDULE Minor Amendments of Principal Act

Provision of the Principal Act to be amended.	Amendment.
Section 9	In paragraph (b) of subsection (2) after the word " let " there shall be inserted the words " or sell. "
Section 23	In subsection (1) the words " for the labouring population'' and " belonging to the labouring population " and the words from " and that such allotments cannot" to " applicants for the same " shall be omitted.
	Subsection (3) shall be omitted.
Section 24	In subsection (1) after the word " allotments " there-shall be added the words " by any person or by an " association to which allotments may be let. " under this Act," and the words "(other than boroughs) " shall be omitted.
	In subsection (4) the words " other than a borough " shall be omitted.
Section 27	In subsection (1) after the words " quarter's rent"' there shall be added the words " (except where the-yearly rent is twenty shillings or less). "
	At the end of subsection (4) there shall be inserted, the words " except with the consent of the council. "
	In subsection (6) after the words " system or " there shall be inserted the words " of letting or selling. "
Section 34	In subsection (1) the word " labouring" shall be omitted.
Section 42	In subsection (1) for the words " attaching to small holdings or allotments provided by the council " there shall be substituted the words " letting to tenants of small holdings and allotments, " and in subsection (2) for the words " attached to the " there shall be substituted the words " let to tenants of. "
Section 43	For the word " may " there shall be substituted the word " shall. "
Section 46	In subsection (1) after the word " do " there shall be inserted the words " or such shorter notice as may " be required by the order for the compulsory " hiring of the land."
Section 47	In subsection (2) for the words " subject in the case " of land hired by agreement to any agreement to "the contrary" there shall be substituted the words " subject to any provision to the contrary in the agreement or order for hiring. "
Section 49	In subsection (1) and subsection (2) after the word " county " in both places where it occurs there shall be inserted the words " or borough or urban district. "
	In subsection (3) the words " under the provisions of this Act" shall be omitted.
Section 53	In subsection (4) after the words " adapting land for allotments" there shall be inserted the words " and the council of a borough or urban district " may borrow for the purpose of grants or " advances to a co-operative society."
Section 58	In subsection (1) the word " (England)" shall be omitted.
Schedule I., Part II.	In paragraph (2) (b) after the word " holdings " there shall be added the words " or allotments as the case may be. "
	In paragraph (6) after the word " expenses " there shall be added the words " as the council shall consider or. "

Section 33.

THIRD SCHEDULE Enactments Repealed

Session and Chapter.	Short Title.	Extent of Repeal.
8 Edw. 7. c. 36.	The Small Holdings and Allotments Act, 1908.	Subsection (3) of section four; subsection (4) of section six; subsection (3) of section seven; section eight; subsections (1) and (3) of section nine; section sixteen ; section twenty-one ; in section twenty-three the words " for the labouring population" and "belonging to the labouring population" and the words from "and that such allotments cannot" to " applicants for the same " and subsection (3); in section twenty-four the words "other than boroughs" and "other than a borough"; subsection (2) of section twenty-seven; section thirty-one ; subsection (3) of section thirty-two ; in section thirty-four the word " labouring " ; subsection (3) of section forty-one in subsection (3) of section forty-nine the words " under the provisions of this Act" and in section fifty-eight the word " (England)."
6 & 7 Geo. 5. c. 38.	The Small Holding Colonies Act, 1916.	In section one the words " during the " continuance of the present war and " a period of twelve months there-" after."
8 & 9 Geo. 5. c. 26.	The Small Holding Colonies (Amendment) Act, 1918.	Section one from " Provided that" to " the same in feu."