CHAPTER cclxxxvi.

An Act to authorise the Mayor Aldermen and Burgesses of the Borough of Bournemouth to acquire certain lands within the parishes of Bournemouth Holdenhurst and Pokesdown and to appropriate regulate and manage the same as open spaces to confirm an Agreement relating thereto and for other purposes.

[6th August 1900.]

Whereas by an Act passed in the forty-second year of the reign of His late Majesty George III. (cap. 43) intituled “An Act for dividing allotting and inclosing certain commonable lands and waste grounds within the parish of Christchurch and parish or chapelry of Holdenhurst in the county of Southampton” (hereinafter called “the Inclosure Act of 1802”) and under and by virtue of the award and allotment made in the year 1803 by the Commissioners in the said Act named (herein-after called “the Award of 1805 “) in pursuance of the powers in them vested by the said Act certain lands situate in the tithings of Muscliff Muckleshell Throop Holdenhurst Pokesdown Iford Tuckton and Week (otherwise Wick) commonly called the liberty of West Stour (otherwise Westover) within the said parish of Christchurch and the parish or chapelry of Holdenhurst were set out and allotted unto and for Sir George Ivison Tapps Baronet the then lord of the several manors in the said tithings or liberties commonly called the liberty of West Stour (otherwise Westover) (within which liberty the said lands are situate) as a turf common an trust for the occupiers for the time being of all such cottages and tenements mentioned in the schedule to the Award of 1805 and containing less than one acre each as were erected on ancient sites or had been at the time of the passing of the Inclosure Act of 1802 erected more than fourteen years in lieu of their rights or pretended rights or custom of cutting turves in the said liberty of West Stour (otherwise Westover) which allotments were for ever afterwards to be managed and the turf arising therefrom cut taken and used by the occupiers of such cottages or tenements in such quantities and at such time or times in every year and in such manner as the lords of the said manors respectively and the churchwardens and overseers of the poor acting for or within such manors or the major part of them should from time to time order and appoint but such turf common should not be fed or depastured by any cattle or sheep whatsoever:

And whereas the lands so allotted comprised amongst other lands the lands intended to be made subject to the provisions of this Act (hereinafter called “the commons”) and part of such commons comprising sixty-four acres or thereabouts is part of the lands numbered 59 on the map annexed to the Award of 1805 and is included in an area bounded on or towards the north partly by land belonging or reputed to belong to James Edward Earl of Malmesbury leased to Thomas Warren Rebbeck and others and partly by land belonging or reputed to belong to James Edward Cooper Dean on or towards the east partly by land belonging or reputed to belong to James Edward Cooper Dean and partly by the grounds of Old Pokesdown Vicarage on or towards the south partly by the Bournemouth and Christchurch high road partly by land known as the Clarence Park Estate belonging or reputed to belong to the Bournemouth Land Society Limited and their assignees and partly by the Bournemouth East Cemetery and the approach thereto the property or reputed property of the mayor aldermen and burgesses of the borough of Bournemouth (hereinafter called “the Corporation”) and on or towards the west partly by the said Clarence Park Estate partly by the churchyard and school grounds of St. James’ Church Pokesdown and partly by Ashley Road and the other part of such commons comprising one hundred and forty-seven acres two roods and ten perches or thereabouts is the whole of the lands numbered 60 on the map annexed to the Award of 1805 and is included in an area bounded on the north partly by Haddon Hill Plantation and partly by land belonging or reputed to belong to James Edward Cooper Dean and on the south partly by the Holdenhurst Road partly by land belonging or reputed to belong to the said James Edward Cooper Dean on the west partly by land belonging or reputed to belong to James Edward Earl of Malmesbury and partly by land belonging or reputed to belong to the said James Edward Cooper Dean and on the east partly by land belonging or reputed to belong to the said James Edward Cooper Dean and partly by land allotted under the Inclosure Act of 1802 and the Award of 1805 as a gravel pit:

And whereas the commons are situate partly within and partly adjacent to the borough of Bournemouth (hereinafter called “the borough”):

And whereas by the Bournemouth Park Lands Act 1889 certain powers were conferred upon the Bournemouth Improvement Commissioners now represented by the Corporation with respect to the commons:

And whereas the population of the borough and its neighbourhood has of late years greatly increased and is still rapidly increasing and there is need of more open spaces and recreation grounds:

And whereas the commons are now and have for many years past been lying waste disused and unproductive and such lands in their present condition are incapable of improvement and are 1ikely to become a serious nuisance:

And whereas it would be of local and public advantage that the commons should be maintained for ever open uninclosed and unbuilt upon and that the turf gorse timber and underwood thereon should be preserved and that the same should be dedicated to the public for recreation and enjoyment and for the purposes aforesaid that the entire management and regulation thereof should be vested in the Corporation with all usual and necessary powers:

And whereas doubts exist as to the power of the Board of Agriculture to make a Provisional Order for the purposes of this Act under the powers conferred upon them by the Commons Acts 1876 1879 and 1899:

And whereas by an order of the Chancery Division of the High Court of Justice made on the ninth day of April one thousand nine hundred by Mr. Justice Stirling at Chambers in an action pending in the said Division Attorney-General v. Meyrick one thousand eight hundred and ninety-one A No. 349 it was with the consent of the Attorney-General ordered that the defendant be at liberty to sell and convey to the mayor aldermen and burgesses of the borough of Bournemouth the commons at the price of seven thousand eight hundred and forty-nine pounds one shilling and threepence (including compensation for the extinguishment of any existing rights to take or cut turves) such lands to be dedicated regulated and managed by the Corporation as open spaces in accordance with the provisions of the Bournemouth Park Lands Act 1889 and without any power of sale over the same or any part thereof:

And whereas the Corporation have entered into an agreement with Sir George Augustus Eliott Tapps Gervis Meyrick Baronet the lord of the manor and owner of the commons (in this Act called “Sir George Meyrick”) for the purchase of the commons freed and discharged from the said turbary rights at the price and subject to the conditions in the said agreement mentioned and set forth:

And whereas it is expedient to confer on the Corporation the requisite powers for carrying into effect the said agreement and to confirm the same as set out in the schedule to this Act:

And whereas it is expedient to confer upon the Corporation power for the establishment of a crematorium:

And whereas there exist divers associations and institutions for mutual conference and assistance of members of municipal corporations and other municipal and sanitary authorities and their officers for imparting information relative to local government and the performance of their duties by such corporations authorities and. their officers to the public benefit and advantage:

And whereas it is expedient that the Corporation should be authorised in manner hereinafter provided to defray the reasonable expenses of their members and officers in attending the meetings of such associations and institutions and to subscribe to the funds thereof:

And whereas Bournemouth being a town of very recent origin and having been incorporated only since the year 1890 has no corporate property or fund other than that raised by means of rates:

And whereas by virtue of section 105 of the Bournemouth Improvement Act 1892 the accounts of the borough are audited by the district auditor appointed by the Local Government Board under the District Auditors Act 1879 in like manner and with the like consequences as the accounts of an urban authority and their officers under sections 247 and 250 of the Public Health Act 1875:

And whereas on occasion of public rejoicings or ceremonies or the visits of distinguished personages it would be for the benefit of the borough and the inhabitants thereof that the Corporation should have power to expend moneys (to the extent and in manner hereinafter provided) to defray the expenses of such public rejoicings and ceremonies and in the entertainment of such personages:

And whereas it is expedient that the Corporation should be authorised to subscribe out of the corporate funds to the funds of hospitals established and maintained in the borough for the use and benefit of the public and also to the funds of volunteer corps and other institutions established in or connected with the borough for the purpose of rendering national or public services:

And whereas it is expedient that the Corporation should be authorised to borrow and raise money and to levy rates for the purposes of this Act:

And whereas an absolute majority of the whole number of the council of the borough at a meeting held after ten clear days’ notice by public advertisement of such meeting and of the purposes thereof in the Bournemouth Guardian a local newspaper published and circulating in the borough (such notice being in addition to the ordinary notices required for summoning such meeting) resolved that the expense in relation to promoting the Bill for this Act should be charged on the borough fund and borough rate of the borough:

And whereas such resolution was published twice in the said newspaper and has received the approval of the Local Government Board:

And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the council at a further special meeting held in pursuance of a similar notice on the eighteenth day of January one thousand nine hundred being not less than fourteen days after the deposit of the Bill for this Act:

And whereas the owners and ratepayers of the borough by resolution in the manner provided in the Third Schedule of the Public Health Act 1875 have consented to the promotion of the Bill for this Act:

And whereas the objects aforesaid cannot be effected without the authority of Parliament:

May it therefore please Your Majesty that it may be enacted and be it enacted by the Queen’s most Excellent Majesty by and with the advice and consent of the Lords and Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say):—

PART I.—PRELIMINARY

A.D. 1900

1. This Act may be cited as the Bournemouth Corporation Act 1900.

Short title.

2. This Act is divided into Parts as follows :—

Part I.—Preliminary.

Part II.—Commons.

Part III.—Byelaws.

Part IV.—Miscellaneous.

Division of Act into Parts.

3. The following expressions in this Act have the meanings hereby assigned to them (that is to say) :—

“The borough” means the borough of Bournemouth;

“The Corporation” means the mayor aldermen and burgesses of the borough acting by the council;

“The town clerk” “the borough fund” “the borough rate” “the district fund” and “the general district rate” mean the town clerk the borough fund the borough rate the district fund and the general district rate of the borough;

“The maps” means the maps numbered 1 and 2 referred to in the agreement scheduled to this Act and signed and deposited in pursuance of the provisions of this Act;

“The commons means the lands distinguished on the maps by the colour pink;

“The Inclosure Act of 1802” means the Act 42 Geo. III. cap. 43. intituled “An Act for dividing allotting and inclosing certain commonable lands and waste grounds within the parish of Christchurch and parish or chapelry of Holdenhurst in the county of Southampton”;

“The Award of 1805” means the award made in pursuance of the Inclosure Act of 1802;

“The Act of 1897” means the Bournemouth Corporation Act 1897.

PART II.—Commons.

Interpre-tation

4. Subject to the provisions of this Act the agreement between Sir George Meyrick and the Corporation for the sale and purchase of the commons as set out in the schedule to this Act is hereby confirmed and made binding on the parties thereto.

Confirming scheduled agreement.

5. Subject to the provisions of this Act all rights under the Inclosure Act of 1802 the Award of 1805 or otherwise to cut or take turves on the lands so purchased shall cease and be extinguished on completion of the purchase of the commons.

Extinguish-ing right of cutting turves on commons.

6. As from the date of the completion of the said purchase the commons shall be for ever dedicated as open spaces for the recreation and enjoyment of the public under the exclusive regulation and management of the Corporation subject to and in accordance with the provisions of this Act.

Commons to be open spaces.

7. Within one month after the passing of this Act and before exercising any of the powers vested in them by this Act the Corporation shall deposit with the clerk of the peace for the county of Southampton at his office in Winchester one of each of the maps signed in triplicate by the Right Honourable Albert Edmund Earl of Morley Chairman of Committees of the House of Lords whereon the commons are distinguished by the colour pink and the provisions of the Parliamentary Documents Deposit Act 1837 shall apply in respect to such maps they shall deposit one other of each of the maps in the Office of the Clerk of the Parliaments and shall retain one of each of the maps and keep the same open at all reasonable times for the inspection of any burgess and such maps shall be admissible and be received in evidence on production by the Corporation or their officer and copies of the maps certified by the clerk of the peace for the county aforesaid or the town clerk to be true shall be received in the Supreme Court of Judicature and in all other courts and proceedings as evidence of the area of the commons or of such part thereof as shall be shown upon any such certified copy.

Deposit and custody of maps.

8. The Corporation shall (except as in this Act provided) at all times keep the commons unbuilt on and by all lawful means prevent resist and abate all future encroachments and buildings thereon and all attempts to encroach or build on any part thereof or to appropriate or use the same or the soil timber or roads thereon or any part thereof for any purpose inconsistent with the objects of this Act.

Commons to be kept unenclosed and unbuilt on.

9. The Corporation shall not sell demise or otherwise alienate any part of the commons or concur in the sale demise or other alienation thereof or of any part thereof.

Prohibition of alienation.

10. The Corporation shall at all times so far as possible preserve the natural aspect and state of the commons and shall subject to the provisions of this Act protect the trees shrubs gorse turf and herbage growing on the same and shall prevent all persons from felling cutting lopping or injuring the same and from digging or quarrying stone gravel clay loam and soil thereon.

Preservation of turf &c.

11. The Corporation may exercise the following powers in regard to the commons (that is to say) They may—

(A) Appoint and dismiss officers and servants for the purposes of this Part of this Act and pay them salaries or wages;

(B) Improve portions of the commons so far as may be necessary or desirable for the purposes of health recreation and enjoyment;

(C) Erect lodges for common keepers;

(D) Make and maintain roads footpaths and ways;

(E) Plant trees and shrubs for purposes of shelter or ornament and fell cut lop and manage the same and any other trees plants and shrubs on the commons in ordinary course but not for profit and sell and receive the proceeds of the timber cuttings and loppings;

(F) Make and maintain so long as shall be necessary temporary inclosures for the protection of trees plants shrubs and turf;

(G) Provide and maintain pounds for impounding cattle and other animals trespassing straying or damage feasant either by erecting new or making arrangements for the joint or separate use of existing pounds;

(H) Acquire by voluntary grant or agreement and hold any of the lands forming part of the commons or any other lands in the neighbourhood with the minerals thereunder and the timber thereon or any rights privileges or easements over the same for the purpose only (subject to the provisions of this Act) of preserving such lands as open spaces for the purposes of health recreation and enjoyment.

Powers of Corporation in respect of commons.

12. No surveyor of highways shall search for dig or carry away gravel sand stone or other material in or from any part of the commons.

Surveyors of highways not to dig gravel &c.

-The Remainder of the Act is not relevant to Queen’s Park-

This Act remained in force until its repeal by the Bournemouth Borough Council Act 1985.