Use of the
Scrubs for

military pur

poses, and for exercise and

recreation.

of the Scrubs.

dark red, and purple, shall upon the passing of this Act vest 42 & 43
in the Metropolitan Board of Works and their successors, in fee c. 160.
simple in possession upon the trusts declared by this Act, free
from all incumbrances.

3. The Metropolitan Board of Works shall hold the Scrubs upon trust to enable the same (except the portion or portions excepted as hereinafter mentioned) to be used for such military purposes, whether camps, reviews, drills, training, exercising, firing, rifle ranges, or other whatsoever, as the Secretary of State for War from time to time directs, and subject as aforesaid, shall hold the Scrubs upon trust for the perpetual use thereof by the inhabitants of the metropolis for exercise and

recreation.

Provided that—

(1.) No permanent building or erection, except rifle butts,
and all necessary appurtenances, shall be constructed
on the Scrubs without the consent of the Metropolitan
Board of Works and of the Secretary of State for
War; and

(2.) No portion of the Scrubs shall, without the consent of
the Metropolitan Board of Works, be used for military
purposes or as a rifle range on any day declared to
be a holiday by the Holidays Extension Act, 1875, or
any other Act of Parliament, or by Her Majesty.

Subject and without prejudice to the continuance and use
thereon of the firing points to the rifle butts there shall be
excepted from the said use for military purposes the portion of
the Scrubs marked with hatching on the plans thereof deposited
as above mentioned, or such portion or portions differing wholly
or partly from the portion so marked, as the Secretary of State
for War and the Metropolitan Board of Works from time to
time agree upon; such portion of the Scrubs as is not for
the time being excepted from use for military purposes as
above mentioned is in this Act referred to as the military
portion of the Scrubs.

Laying out 4. The Metropolitan Board of Works may lay out, drain, and planting level, plant, and improve the Scrubs, in such manner as may be from time to time agreed upon with the Secretary of State for War, as being most expedient for the execution of this Act, but if they shall not agree as to such laying out, draining, levelling, planting and improvement, it shall be referred from time to time, or as often as necessary, to two arbitrators (one to be chosen by the Secretary of State for War, and the other by the Metropolitan Board of Works), with power to them to appoint an umpire in the usual way, to settle such difference; and the Metropolitan Board of Works shall maintain the Scrubs and the inclosure thereof in such condition as may make the Scrubs most suitable for the trusts and purposes declared by this Act respecting the same.

& 43 Vict., .60.

5. When the military portion of the Scrubs, or any part of Regulation of such military portion, is required by the Secretary of State for Scrubs for military War to be used for any military purpose, the following pro- purposes. visions shall have effect with respect to the said military portion or part :

(1.) The Secretary of State for War and any of Her
Majesty's forces, or other persons acting under the
authority of the Secretary of State for War, may use
the same for the said military purpose, to the exclusion
of all persons whomsoever at such time or times and
during such period as the Secretary of State for
War directs.

(2.) A person shall not without authority from the Secretary
of State for War, or some person acting under his
authority, enter the same or any part thereof; and if
he enters or attempts to enter the same shall be
liable to a fine not exceeding 40s.

(3.) Any person who obstructs or interferes with the use of
the same for any military purpose, or without due
authority removes any flag or mark therein, shall be
liable to a fine not exceeding 51.

(4.) A person committing an act for which he is liable to a
fine under this section may be removed by any con-
stable by force from the Scrubs or any part thereof,
and may be taken into custody by any constable
without warrant.

(5.) The Metropolitan Board of Works shall, so far as is
reasonably practicable, cause notice to be given of
the portion of the Scrubs for the time being required
to be kept clear, and of the time or times at which
and the period during which it is to be so kept clear,
but the absence of such notice shall not exempt a
person from any fine or liability under this section,
nor interfere with the right of the Secretary of State
for War, or of Her Majesty's forces, or persons acting
under his authority, or of the Metropolitan Board of
Works, to use the Scrubs and exercise the powers
conferred by this Act.

6. Whereas by the Metropolitan Board of Works Act, 1877, Power of the Metropolitan Board of Works has power to make bye-laws Board to make bye-laws as regards the parks and other open spaces therein mentioned as to the for the purposes particularly mentioned in the said Act, and Scrubs. enactments are made with respect to the enforcement of such bye-laws, and it is expedient to extend the said Act to the Scrubs: Be it therefore enacted as follows:

The Metropolitan Board of Works shall have the same power of making bye-laws as regards the Scrubs as they have under the Metropolitan Board of Works Act, 1877, as regards the

Expenses of

parks and other open spaces therein mentioned, and sections two to eleven, both inclusive, of the said Act shall be construed as if they were herein re-enacted, and in terms made applicable to the Scrubs, with this addition, that bye-laws under the said sections may be made (in addition to the purposes therein mentioned) for keeping clear the military portion of the Scrubs, or such part of that military portion as is for the time being required to be used for a military purpose, and for facilitating and regulating the use for a military purpose of the said portion of the Scrubs; provided that such bye-laws shall not apply to any member of Her Majesty's forces or persons acting under the authority of the Secretary of State for War, except so far as they are expressed so to apply and are assented to iu writing by the Secretary of State for War.

7. All expenses incurred by the Metropolitan Board of Metropolitan Works in the execution of this Act shall be deemed to be exBoard. penses incurred by them in the execution of the Metropolis (Management) Act, 1855, and the Acts amending the same, and may be defrayed accordingly.

Reverter of

State for War.

8. If at any time the Scrubs, or any part thereof, ceases, the Scrubs to except with the consent of the Secretary of State for War, to Secretary of be used for exercise and recreation by the inhabitants of the metropolis, or if the Metropolitan Board of Works or their successors fail to comply with the provisions of this Act with respect to the use of the Scrubs for military purposes, the · Scrubs shall vest in the Secretary of State for War on behalf of Her Majesty in fee simple, free from incumbrances, and free from all right, interest, and claim whatsoever of the Metropolitan Board of Works, their successors or assigns, or of any other person or persons whomsoever, and the Secretary of State for War may re-enter and take possession of the Scrubs accordingly, but he shall pay to the Metropolitan Board of Works such sum in respect of their outlay on the Scrubs or otherwise as may be just.

Compensation for rights injuriously affected.

9. Compensation for any estate, interest, or right in, over, or affecting Wormwood Scrubs common which may be taken away or be injuriously affected by this Act, or by anything done in pursuance thereof, shall be paid for as the same would be payable if this Act were a scheme under the Metropolitan Commons Act, 1866, and that compensation shall in case of difference be ascertained and provided in the same manner as compensation under that Act, and shall be paid by the Metropolitan Board of Works, but a person claiming any such estate, interest, or right shall not have any right to restrain or interfere with the Secretary of State for War or the Metropolitan Board of Works in the exercise of any rights or powers conferred on him or them by this Act, or to do any act inconsistent with the exercise or to recover any damages for anything done in the exercise of any such rights or powers as aforesaid. Any compensation to be awarded to the copyholders shall be paid by the Metropolitan Board of Works to the homage jury of the

Manor of Fulham on behalf of the copyholders of the said Manor, and the receipt of the treasurers of the said homage jury for the time being shall be a discharge for the said sum to all persons by whom the same or any part thereof shall be due and payable, and the same shall be applied by such jury or by such treasurers under the direction of such jury to charitable purposes within the Manor of Fulham as they think fit.

The sections of "The Metropolitan Board of Works Aci, 40 Vict., c. & 1877," herein incorporated are these:(L. & P.)

2. In this Act the following words and expressions have Interpretation the several meanings hereby assigned to them, unless there be of terms. something in the subject or context repugnant to such constructions:

When any matter shall require to be done before justices,
the expression "two justices" means two justices acting
together in petty sessions or a metropolitan police
magistrate sitting alone:

The expression "the Board" means the Metropolitan
Board of Works:

The expression "the District Board" means the Board of
Works for the Lewisham District:

The expression "the parks" means and includes the
several parks, gardens, heaths, commons, embankments,
and open spaces in respect whereof bye-laws are by or
under the several Acts mentioned in the schedule to this
Act authorised to be made by the Board.

3. The Board may, subject to the provisions of this Act, General power from time to time, make bye-laws as regards "the parks" for all of Board as te byelaws. or any of the following purposes; (that is to say,)

(1.) Their government, control, and management, and
the preservation of order and good conduct among
persons frequenting them:

(2.) The exclusion and removal therefrom of gipsies,
hawkers, beggars, rogues, and vagabonds:

(3.) The protection of "the parks," and of the walls,
railings, fences, lamp-posts, trees, shrubs, plants,
flowers, walks, seats, and other things therein:

(4.) The prevention of nuisances, annoyances, obstructions,
and encroachments:

(5.) The prevention of the deposit of road sand, rubbish,
or other matter:

(6.) The prevention of the illegal taking, cutting, or
digging the turf, sods, gravel, clay, sand, gorse,
heather, plants, shrubs, trees, and the like:

N

Special byelaws as to heaths and commons.

Regulations respecting bye-laws.

Allowance of bye-laws.

(7.) The prevention of the posting of bills or placards, and the writing, stamping, cutting, printing, drawing, or marking in any manner of any word or character, or of any representation of any object, on any wall, railing, fence, tree, lamp-post, walk, pavenient, or seat, or elsewhere in the parks:

(8.) The prevention of bird catching, bird trapping, and the robbing of birds' eggs or nests:

(9.) Generally the prevention and restraint of acts or things tending to the injury and disfigurement of "the parks," or to interference with the use thereof by the public for purposes of exercise and recreation.

4. And as regards any heath or common referred to in this Act the Board may, in addition to the several matters mentioned in the immediately preceding section, from time to time, subject to the provisions of this Act, make bye-laws for the following or any of the following purposes; (that is to say,)

The prevention of shooting or chasing of game or other animals thereon:

The regulation of assemblages of persons thereon, and of sports and games played there:

The regulation of the use of animals and carriages let out for hire thereon, and of the drivers of carriages, and of persons letting out for hire or using animals or carriages thereon :

The prevention of vehicles being driven or horses being exercised by grooms and others, on any part of such heath or common not set apart by the Board for the purpose..

5. The provisions of the Metropolis Management Act, 1855, respecting the making contents, confirmation, approval, publication, and evidence of bye-laws, and of proceedings before justices, and recovery of penalties thereunder, shall extend and apply to bye-laws under this Act, and bye-laws under this Act shall be deemed byelaws within the Metropolis Management Act, 1855, and Acts amending the same.

6. With respect to the bye-laws of the Board under this Act the following further provisions shall have effect; (namely,)

(1.) Bye-laws shall not have any force unless and until they be allowed by one of Her Majesty's Principal Secretaries of State:

(2.) Bye-laws shall not be allowed unless notice of the intention to apply for allowance thereof, and of the effect of this section, has been published by