i9o;.] 



Open Spaces Act, 1906. 



757 



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). 



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 the Act 

 (Sec. i) :— 



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 bye-laws for the regulation of such open spaces 

 or burial grounds and for the preservation of order and 

 the prevention of nuisances (Sec. 15). 



