§ Bill considered in Committee.
§ (In the Committee.)
§ Clause 1 (Interpretation clause).
§ MR. W. H. JAMESmoved, in page 1, line 13, after "unoccupied," to insert the words—
But shall not include any enclosed land which has not a public road or footpath completely round the same.
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 2 (Power to trustees to transfer certain open spaces to local authority).
§ MR. WARTONmoved that the Chairman do report Progress. This was a Bill of far too much importance to be proceeded with so late at night.
§ Motion made, and Question proposed, "That the Chairman do report Progress, and ask leave to sit again."—(Mr. Warton.)
§ MR. W. H. JAMESsaid, he hoped that the hon. and learned Member would not persist in the Motion.
§ MR. WARTONsaid, he most decidedly should.
§ MR. W. H. JAMESsaid, the Bill had been on the Paper for a considerable time, but had been postponed from time to time in consequence of representations made by the noble Lord opposite on behalf of those interested, and their opposition had been arranged. There was now no opposition to meet, and he hoped the Bill might be allowed to proceed.
§ EARL PERCYjoined in the appeal, and asked his hon. and learned Friend not to press the Motion. As the Bill 1748 first appeared, he certainly was not a friend to it; but it was a matter to which he had given some attention, and he thought the Amendments which the hon. Member had agreed to insert would entirely remove all objection to the Bill.
§ MR. WARTONsaid, he could trust the assurance of the noble Lord, and would withdraw his Motion.
§ Motion, by leave, withdrawn.
§
Amendment proposed,
In page 2, line 11, after "as hereinafter mentioned," insert "and with the consent of the owners and occupiers of any houses fronting upon, or the owners or occupiers of which are liable to be specially rated for the maintenance of the open space, to be signified in manner hereinafter appearing."—(Mr. W. H. James.)
§ Amendment agreed to.
§
Amendment proposed,
In page 2, line 27, after "trustees," insert "and such persons or class of persons shall be discharged from any special rate or other obligation previously imposed on them in respect of such open space."—(Mr. W. H. James.)
§ Amendment agreed to.
§ Amendment proposed, in page 2, line 29, after "resolution," insert "as aforesaid, and with such consent as aforesaid."—(Mr. W. H. James.)
§ Amendment agreed to.
§
Amendment proposed,
In page 3, line 9, after "meeting," insert "and if such resolution shall also have been confirmed by two-thirds in number of the persons present at a second like meeting, to be summoned by such notice as aforesaid, and to be held at an interval of not less than one calendar month from the first meeting, the consent of such owners and occupiers of houses as aforesaid shall be held to have been given and signified if, at a meeting of such persons summoned by at least one month's notice in writing given as hereinafter directed, a resolution shall have been passed by a majority of at least two-thirds in number of the persons present at such meeting consenting to the conveyance, grant, or transfer of the said open space as aforesaid, or to such an agreement with the Metropolitan Board, Vestry, or District Board; and if such resolution have also been confirmed by two-thirds in number of such owners and occupiers present at a second like meeting, to be summoned in like manner to the first meeting, and to be held at an interval of not less than one calendar month from the first meeting.
Notice of such meeting shall be given by leaving the same or sending the same through the post to every house fronting upon, or the owner or occupier of which is liable to be specially rated for the maintenance of the said garden, and by inserting the same as an advertisement
1749
at least three times in any two or more London daily papers, and such notice shall state generally the object of the said meeting, and no such meeting shall be held between the first day of August and the thirty-first day of January in the following year.
For the purposes of this section the owner of a house shall include any person entitled to any term of years therein; and the occupier of a house shall be the person rated to the relief of the poor in respect of the said house.
If at any meeting of such trustees or managerial body, or at any meeting of such owners or occupiers as before mentioned, the resolution proposed at any such meeting be not carried, no meeting shall be called or held with the same object in respect to the same garden or open space until the expiration of three years from the day on which such resolution so proposed was rejected at any such meeting as above mentioned."—(Mr. W. H. James.)
§ Amendment agreed to.
§
Amendment proposed,
In page 3, line 15, after "number," insert "the trustees or other managing body of any such open space as aforesaid may (anything contained in the Act or other instrument under which, they are constituted or act to the contrary notwithstanding) in pursuance of any such resolution as aforesaid, and with such consent as aforesaid, signified as aforesaid, admit persons not owning, occupying, or residing in any house fronting on the said open space to the enjoyment of the said open space at all times, or at any specified time or times, and may regulate the admission of such persons thereto on such terms and conditions in all respects as the trustees may think proper.
Any trustees so acting as aforesaid shall have the same power of making bye-laws as that conferred by the fourth section of the Act passed in the twenty-sixth year of Her Majesty, chapter thirteen, intituled 'An Act for the protection of certain Garden or Ornamental Grounds in Cities and Boroughs upon the Committee therein mentioned.' "—(Mr. W. H. James.)
§ Amendment agreed to.
§
Amendment proposed,
In page 3, line 16, at end, add "Where the freehold of any such open space as is referred to in this section, and the freehold of all or of the major part of the houses round such open space are vested in the same person or persons, the powers conferred by this section shall not be exercised without the consent of such person or persons."—(Mr. W. H. James.)
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 3 (Power to transfer other open spaces to local authority).
§
Amendment proposed,
In page 4, line 11, add "and no such meeting shall be held between the first day of August and the thirty-first day of October in any year."—(Mr. W. H. James.)
§ Amendment agreed to.
§ Clause, as amended, agreed to.
1750§ Clause 5 (Powers and duties of local authority).
§
Amendment proposed,
In page 5, line 12, after "regulation," insert "but shall not allow the playing of any games or sports therein."—(Mr. W. H. James.)
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 8 (Provisions for extra-parochial places).
§
Amendment proposed,
In page 6, line 20, after "Board," insert "No estate, interest, or right of a profitable or beneficial nature in, over, or affecting an open space, churchyard, cemetery, or burial ground, shall, except with the consent of the person entitled thereto, be taken away or injuriously affected by anything done under this Act without compensation being made for the same; and such compensation shall be paid by the Metropolitan Board, Vestry, or District Board by which such estate, interest, or right is taken away or injuriously affected, and shall, in case of difference, be ascertained and provided in the same manner as if the same compensation were for the compulsory purchase and taking, or the injurious affecting of lands, under the provisions of 'The Lands Clauses Consolidation Act, 1845,' and any Acts amending the same."—(Mr. W. H. James.)
§ Amendment agreed to.
§ Clause, as amended, agreed to.
§ Clause 11 (Application in city of London).
§
Amendment proposed,
In page 7, line 1, after "defray," insert "out of the metage of grain duty or otherwise."—(Mr. W. H. James.)
§ MR. FIRTHsaid, it was undesirable that there should be any further expenditure imposed upon the metage of grain duty. At the present moment more money had been borrowed on this duty than there was power to borrow by Act of Parliament, and, undoubtedly, they might look forward to the duty being abolished before long. It was not in any case desirable that Parliament should give further sanction to the expenditure the City of London of moneys raised by from the whole Metropolis.
§ Amendment agreed to.
§
Amendment proposed,
In page 7, line 2, after "them," insert "and any bye-laws made by the Corporation for the regulation of any open space acquired under the powers of this Act shall be made and allowed in manner prescribed by 'The Corporation of London (Open Spaces) Act, 1878.'
§ Amendment agreed to.
§ Clause, as amended, agreed to.
1751§ Bill reported; as amended, to be considered upon Monday next, and to be printed. [Bill 202.]