(c) in the case of the council of a municipal borough or urban district, as part of the general expenses incurred in the execution of the Public Health Acts;

Note. As to the rate or fund applicable for defraying expenses incurred in the execution of the Public Health Acts in a municipal borough or urban district, see sections 207 to 212 of the Public Health Act, 1875 (38 & 39 Vict. c. 55).

(d) in the case of a rural district council, as special expenses incurred in the execution of the Public Health Acts, and such expenses shall in accordance with the provisions of those Acts be charged to the contributory place, or apportioned among the contributory places, on account of which the expense was incurred; Note.-As to the defraying of special expenses of a rural district council, see section 230 of the Public Health Act, 1875 (38 & 39 Vict. c. 55).

(e) in the case of a parish council, subject and according to the Local Government Act, 1894.

Note. See section II of the Act of 1894.

Sect. 18. A local authority may borrow for the purposes of this Act in the case of a county council as for the purposes of the Local Government Act, 1888; in the case of a metropolitan borough council as for the purposes of the Metropolis Management Acts, 1855 to 1893; in the case of a municipal borough or urban or rural district council as for the purposes of the Public Health Acts; and in the case of a parish council as for the purposes of the Local Government Act, 1894.

Note. As to borrowing by a county council, see sections 69 and 70 of the Local Government Act, 1888 (51 & 52 Vict. c. 41); by a municipal borough or urban or rural district council, see sections 233 to 243 of the Public Health Act, 1875 (38 & 39 Vict. c. 55); by a parish council, see section 12 of the Local Government Act, 1894 (56 & 57 Vict. c. 73).

SUPPLEMENTAL.

Savings.

14 & 15 Vict.

C. 95.

Sect. 19. This Act shall not apply to-
(a) the royal parks; nor

(b) any land belonging to His Majesty in right of His
Crown or of His Duchy of Lancaster; nor

(c) any garden, ornamental ground, or ornamental land for the time being under the management of the Commissioners of Works or of the Commissioners for the time being acting under the Crown Estate Paving Act, 1851; nor

(d) any metropolitan common within the meaning of the
Metropolitan Commons Acts, 1866 to 1898; nor

(e) any land belonging to either of the honourable Societies
of the Inner Temple and Middle Temple.

Sec. 19.

Sect. 20. In this Act, unless the context otherwise Definitions. requires,—

The expression "open space" means any land, whether

inclosed or not, on which there are no buildings or of
which not more than one-twentieth part is covered
with buildings, and the whole or the remainder of
which is laid out as a garden or is used for purposes
of recreation, or lies waste and unoccupied :

Note.-"Building" includes every temporary or movable building (see next page).
The expression "common council of the City of London'
means the mayor, aldermen, and commons of the City
of London in common council assembled:

The expression "owner"

(a) used in relation to an open space (not being a burial ground), means any person in whom the open space is vested for an estate in possession during his life or for any larger estate;

(b) used in relation to a house, includes any person entitled to any term of years in the house;

(c) used in relation to a burial ground, means the
person in whom the freehold of the burial ground is
vested whether as appurtenant or incident to any
benefice or cure of souls or otherwise :

The expression "occupier," used in relation to a house,
means the person rated to the relief of the poor in
respect of the house:

The expression "burial ground" includes any church-
yard, cemetery, or other ground, whether consecrated
or not, which has been at any time set apart for the
purpose of interment :

Note.-Land "set apart for the purposes of interment " may include land in which no burial has taken place-Re Ponsford and Newport School Board's Contract ([1894] 1 Ch. 454; 63 L. J. Ch. 278; 70 L. T. 502); even if its use for such purposes would be in contravention of an Order in Council-Re Bosworth and Gravesend Corporation' ([1905] 2 K. B. 426; 74 L. J. K. B. 810; 93 L. T. 226; 54 W. R. 39; 69 J. P. 337; 3 L. G. R. 849; 21 T. L. R. 608). The site of a church is not a ground set apart for interment-Re Ecclesiastical Commissioners and New City of London Brewery Co. Ltd. ([1895] 1 Ch. 702; 72 L. T. 481; 43 W. R. 457).

1 See Law and Legislation, 1903, p. 82.

Sec. 20.

The expression "disused burial ground" means any burial ground which is no longer used for interments, whether or not the ground has been partially or wholly closed for burials under the provisions of a statute or Order in Council:

The expression "building" includes any temporary or movable building.

Sect. 21.

*

*

*

Application of
Act to Ireland.

Extent.

Repeal.

Commencement of Act.

Short title,

Sect. 22. This Act shall not extend to Scotland.

Sect. 23. The Acts mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule:

Note. See also the provisions of sections 11 and 38 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63) as to the effect of a repealing enactment.

Provided that

(a) Nothing in this repeal shall affect the validity or operation of any byclaw made under any enactment so repealed, but all such byelaws shall continue in force as if made under that Act, and may be revoked and altered accordingly; and

(b) Nothing in this repeal shall affect any order of a county council under any enactment repealed investing a parish council with the powers of the Open Spaces Acts, 1877 to 1890, and every parish council in respect of which such an order has before the commencement of this Act been made, shall be deemed to be a parish council invested with the powers of this Act by an order of the council of the county within which the parish is situate.

Sect. 24. This Act shall come into operation on the first day of January nineteen hundred and seven.

Sect. 25. This Act may be cited as the Open Spaces Act, 1906.

I am directed by the Board of Agriculture and Fisheries to call your attention to this Act, which came into operation on the 1st inst., and consolidates the previous enactments relating to Open Spaces. The statutes dealing with the subject were in a confused condition, and the difficulty of interpreting and applying them had been increased by the changes made since the passing of the Metropolitan Open Spaces Act, 1877, in the local authorities affected by them. The Board entertain the hope that the present Act, by setting out the powers of the local authorities to whom the Act applies in a clear and intelligible form, may facilitate and encourage the acquisition and preservation of open spaces for the use of the community.

The open spaces (as defined in sec. 20) to which the Act applies are

(1) Gardens or open spaces placed under the care and management of trustees or other persons by a local or private Act (sec. 2).

(2) Open spaces held by trustees (not being trustees under a local or private Act) for the purposes of public recreation (sec. 3).

(3) Open spaces vested in trustees for charitable purposes (sec. 4).

(4) Open spaces belonging to private owners subject to rights of user for exercise and recreation in the owners or occupiers of houses round or near the same (sec. 5).

(5) Disused burial grounds (sec. 6).

Circular, 24th Jan., 1907.

Circular, 24th Jan.,

1907.

In these several cases the trustees or owners have certain powers, subject to specified conditions, of transferring the open space or its care and management to a local authority for the use of the public. The nature of the powers varies in the several cases, and in each case the particular provisions should be referred to. The Act also enables corporations (other than municipal corporations) and other persons to sell or give lands to a local authority to be preserved as open spaces for the enjoyment of the public (sec. 7).

The following are local authorities for the purposes of this Act (sec. 1) :—
(1) The council of any county or of any municipal or metropolitan
borough or of any district.

(2) The common council of the City of London.

(3) Any parish council invested with the powers of the Act by an order of the county council.

The Act empowers a local authority to

(1) Acquire, by agreement for valuable consideration or by way of gift, the freehold of, or any term of years or limited estate or interest in, or any right or easement in or over, any open space or burial ground, whether situate within its district or not (sec. 9).

(2) Undertake the entire or partial care, management and control of any such open space or burial ground (sec. 9).

(3) Hold and administer any such open space or burial ground for the enjoyment of the public as an open space (sec. 10).

(4) Maintain and keep the open space or burial ground in a good and decent state (sec. 10).

(5) Make byelaws for the regulation of such open spaces or burial grounds and for the preservation of order and the prevention of nuisances (sec. 15).

(6) Exercise, in respect of open spaces or burial grounds vested in the local authority otherwise than under the Act, all the powers conferred by the Act (sec. 12).

A county council is empowered to acquire, lay out and maintain any lands to be used as public walks or pleasure grounds, and may support or help to support public walks or pleasure grounds provided by any person (sec. 14).

Two or more local authorities may jointly carry out the provisions of the Act (sec. 16).

Section.

I.

2.

Pensions to constables continuing to serve after qualification for pension.
Reckoning of discontinuous service as approved service for pension.

3. Reckoning of approved service in different forces.

4. Approved service in case of Naval and Army Reservists.

Amendment of 53 & 54 Vict. c. 45. s. 8 as to forfeiture of pensions.
Age of compulsory retirement.

5.

6.

Amendment of Police Act, 1890, s. 4.