25 & 26 VICT. and in pursuance of the provisions of the said act and the åcts for amending the same in that behalf. C. 102. [Where the amount demanded is made up of a sum assessed upon a whole parish within the district, and also of a sum or sumns assessed on a part or parts of the same parish, the form may be as follows:— The sum of pounds pounds said sum of shillings and shillings and pence, part of the pence, being the sam of the said board, to be charged upon the within the said district, for defraying the expenses of the said board in the execution of the said act, and which they the said board did, on the day of 18 ascertain and assess upon the said parish for such purpose, under and in pursuance of the provisions of the said act and the acts for amending the same in that behalf. The sum of of the said sum of pounds. shillings and , pence, other part pence, being the sum which ought, in the judgment of the said board, to be charged upon that part of the said parish of within the said district, separate which was at and immediately before the determination and expiration of Dated this day of Form of Precept to a District Board of Works, where Sums are assessed upon several Parishes and Parts of Parishes within the District. By virtue of an act passed in the nineteenth year of the reign of Queen THE metropolitan board of works do issue this their precept under their on or before the pounds district, shillings and day of now next ensuing, the sum of pence, being the amount of the several and respective sums of money hereunder set down and expressed opposite to and against the several parishes and parts of parishes within your said district hereinafter mentioned, which said several sums ought, in the judgment of the said board, to be charged upon the said parishes and parts of parishes respectively for defraying the expenses of the said board in the execution of the said act, and which they the said board did, on the day of 18 ascertain and assess upon the said several parishes and parts of parishes for such purpose, under and in pursuance of the provisions of the said act and the acts for amending the same in that behalf: An Act for the Protection of certain Garden or Ornamental WHEREAS it is expedient to make provision for the better protection and charge of enclosed garden or ornamental grounds which have been set apart for the use of the inhabitants of any public square, crescent, circus, street, or other public place surrounding cr adjoining such gardens or grounds in any city or borough: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 26 VICT. C. 13. squares, &c., encroach tan board I. Where in any city or borough any enclosed garden or ornamental Gardens ground has been set apart otherwise than by the revocable permission of in certain the owner thereof in any public square, crescent, circus, street, or other may be freed public place, for the use or enjoyment of the inhabitants thereof, and where from the trustees, commissioners, or other body appointed for the care of the neglect, same have neglected to keep it in proper order, or where such garden or ments, &c., ground has not been vested in or placed under the management of any and vested' trustees, commissioners, or other body for the care of the same, and from in the the want of such care, or from any other cause, has been neglected. the metropolimetropolitan board of works, where the same is in any place under of works their jurisdiction, except the city of London (where the provisions of this or other act shall be carried into effect by the corporation of the said city), and corporate the corporate authorities in any other city or borough, shall take charge of authority; the same, putting up a notice or notices to that effect in such garden or ornamental ground, and if after due inquiry the person entitled to any estate of freehold in the same cannot be found, or if it shall be vested in any person by whom it is held, subject to any condition or reservation for keeping the same as and for a garden or pleasure ground, or that the same shall not be built upon, but not otherwise, shall cause any buildings (a) See "Public Pleasure Grounds," p. 66. 26 VICT C. 13. habitants. or other encroachment made therein within the period of twenty years before the passing of this act to be removed, and (if requested by a majority or vested in of two-thirds of the owners and of the occupiers of the houses surrounding a committee the same) shall vest such garden or ornamental ground in a committee of rated in consisting of not more than nine nor fewer than three of the rated inhabitants of such houses to be chosen annually by such inhabitants, in order that the same may be kept as a garden or ornamental ground for the use of such inhabitants; and the vestry or board of any and every parish or district within which the same or any part thereof is situate shall from time to time cause to be raised the sums required by such committee for defraying the expenses of the maintenance and management of such enclosed garden or ornamental ground, or of such part thereof as is situate within their parish or district, by an addition to the general rate to be assessed on the occupiers of such houses; or if the said owners and occupiers shall not agree as aforesaid to undertake the charge of such garden or ornamental ground, the metropolitan board of works or corporate authority aforesaid shall, within six months after the notice herein before mentioned shall have been put up within the same, or within such further time as the said board or authority may think it expedient to allow for such agreement to be come to, vest the same in such vestries or boards, who shall thenceforth take charge of and maintain the same as an open place or street in such manner as shall appear to them most advantageous to the public, subject to the approval of the metropolitan board of works or corporate authority, as the case may require; saving and always reserving to every person and persons, his and their heirs, executors, administrators, and assigns, all such estate, right, title, and interest as he, she, or they would or ought to have had and enjoyed of, in, to, from, or out of the gardens and grounds aforesaid in case this act had not passed. Protection of open spaces from encroach ment. Expenses how to be defrayed. II. And whereas it is expedient that the same should be carefully protected from undue encroachment, where any right to require that any garden or ornamental ground as aforesaid be kept and maintained as such, or that the same shall not be built upon, shall belong to any person in right of any house or other property, and he shall by notice in writing signed by him addressed to the metropolitan board of works where the same is in any place under their jurisdiction, except the city of London, where the same shall be addressed to the corporation of the said city, or to the corporate authorities in any other city or borough, requesting the said metropolitan board of works or corporate authority to protect the right before mentioned, the said metropolitan board of works or corporate authority, after due inquiry, may, if they shall think fit, accede to such request, and then and thereupon the right of such person to require that such garden or ornamental ground be maintained as such, or that the same shall not be built upon, shall thenceforth be vested in such metropolitan board of works or corporate authority, who shall be fully em powered, for and in their own name, to exercise all the rights, powers, and privileges in relation thereto, and take such legal proceedings for asserting, defending, and protecting the same, as the said person might have exercised or taken. III. Any charge incurred by the metropolitan board of works in the execution of this act shall be deemed to be expenses of the said board for payment whereof provision is made by the act for the better local manage ment of the metropolis; and the expenses incurred by any corporate authority shall be deemed to be expenses necessarily incurred by them in carrying into execution within and for their city or borough the act 5 & 6 W 4, intituled "An Act to provide for the Regulation of Municipal Corporations in England and Wales," and any other act amending the same. c. 76. Byelaws for manage IV. Where any such garden or ground is managed by any committee of the inhabitants of any square, crescent, circus, street, or place, such com 26 VICT. C. 13. ment of mittee may make, and from time to time revoke and alter, byelaws for the management of the same, and for the preservation of the trees, shrubs, plants, flowers, rails, fences, seats, summer-houses, and other things therein, which byelaws shall be entered in a book kept for that garden, &c. purpose by the committee, signed by the chairman of the meeting at which the same shall be passed, and which book shall and may be produced and read, and taken as evidence of such byelaws, in all courts whatever, and any inhabitant or servant, or other person admitted to such garden by any inhabitant, offending against the same, after they shall have been duly allowed, as hereinafter provided, upon proof thereof before a magistrate acting for the district in which such garden is situate, shall be liable for each offence to a penalty not exceeding five pounds provided always, that such byelaws shall not come into operation until the same shall have been allowed by some judge of one of the superior courts, or by the justices in quarter sessions; and it shall be incumbent on such judge or justices, on the request of such committee, to inquire into any byelaws tendered to them for that purpose, and to allow or disallow the same as they think meet. V. Any police constable who shall see any person throwing any rubbish Penalty for into any such garden, or trespassing therein, or getting over the railings injuring garden. or fence, or stealing or damaging the flowers or plants, or committing any nuisance therein, may apprehend such person, under the authority hereby given to him; and any person convicted before any magistrate acting for the district shall be liable for each and every offence aforesaid to a penalty not exceeding forty shillings, or to imprisonment for any period not exceeding fourteen days; and in case it shall be necessary to state in any proceedings the ownership of the property of such garden, flowers, or plants, it shall be sufficient to describe the same as the property of the committee by the name of A. B. and others. of 18 & 19 with this act, and to VI. The provisions contained in the two hundred and twenty-fifth, two Certain hundred and twenty-sixth, two hundred and twenty-seventh, and two provisions hundred and twenty-eighth sections of the act passed in the session of Vict. c. 120, parliament, held in the eighteenth and nineteenth years of the reign of her to be incormost gracious Majesty the Queen, chapter one hundred and twenty (a), shall porated be incorporated in this act, and shall apply to any penalty or forfeiture imposed by this act, or any byelaw made in pursuance thereof, in and for apply to every matter or thing done or omitted to be done within the metropolitan penalties, district; and the act passed in the twelfth year of the reign of her &c., imMajesty the Queen, chapter forty-three (b) shall apply to every penalty or this act. forfeiture imposed by this act, or any byelaw made in pursuance thereof, 11 & 12 Vict. for any matter or thing done or omitted to be done within any other part c. 43, also to apply. of England and Wales. posed by VII. Nothing in this act shall extend to or include any garden, orna- Act not to mental ground, or other land belonging to her Majesty in right of her extend to crown or of her Duchy of Lancaster, or any garden, ornamental ground, or the crownr property of other land for the time being under the management of the commissioners to property for the time being of her Majesty's works and public buildings, or of the under the commissioners for the time being acting under the Crown Estate Paving manage Act, 1851, or to any garden, ornamental or other ground, for which commisspecial provision is made for the due care and protection thereof by any sioners of public or private act of parliament. VIII. Nothing in this act shall extend to Scotland or Ireland. ment of the works, &c. Extent of act. 26 VICT. c. 17. 26 VICT. C. 17. 21 & 22 Vict. c. 98. Short title. Restriction as to the adoption of the act by certain places. Amendment of sections 17 & 18 of An Act for amending the Local Government Act (1858). [11th May, 1863.] WHEREAS by the Local Government Act, 1858 (a), after reciting "that it is expedient to amend the Public Health Act, 1848 (b), and to make further provisions for the local government of towns and populous districts in England," numerous provisions are made for the establishment of local government in towns and populous districts that may adopt the act, for the regulation of the sewerage, drainage, and buildings therein, for the maintenance of the streets and roads, and for police and other town purposes and whereas it is expedient to place some restriction upon the adoption of the act by places containing a small population only, and otherwise to amend the said act: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: I This act may be cited as "The Local Government Act Amendment Act, 1863." 11. The adoption of the Local Government Act, 1858 (a), by any place where that act was not in force on the first day of March, one thousand eight hundred and sixty-three, and where the population according to the then last census is less than three thousand, shall not be of any validity unless it is approved by one of her Majesty's principal secretaries of state, on proof being given to his satisfaction that by reason of special circumstances it is expedient that such place should be allowed to adopt the act. Before signifying his approval or disapproval the said secretary may cause an inquiry to be made in the place as to the circumstances alleged in support of the expediency of the adoption of the act, of the time and place of which inquiry fourteen days public notice shall be given, and on the determination of such inquiry shall give or withhold, as he thinks just, his approval of the adoption of the act. The approval or disapproval of the said secretary of state shall be published by the said secretary in the Gazette, and such publication shall be evidence of the fact of that approval or disapproval having been given. III. Petitions appealing against the resolution of adoption, and praying for exclusion from the operation of the Local Government Act, under the 21 & 22 Vict, seventeenth section of that act (c), and appeals from owners and ratepayers who dispute the validity of the vote for adoption under the eighteenth section of the same act (c), may be presented and had at any time before the expiration of six weeks from the date of any resolution adopting the act. C. 98. As to abandonment of local IV. When a resolution adopting the Local Government Act has been passed in a place in which the population, according to the then last government census, is less than three thousand, that resolution may at any time be rescinded by a subsequent resolution passed in the same manner in which tain places. resolutions for the adoption of the act are required to be passed, but the act in cer rescinding resolution shall not be of any effect unless it is approved by one of her Majesty's principal secretaries of state, and notice is published by him in the London Gazette of the passing of the resolution and of his approval thereof. An appeal may be had from any such rescinding resolution in the same (a) See 21 & 22 Vict. c. 98, p. 457. (b) See 11 & 12 Vict. c. 63, p 246. (c) P 461. |