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RECREATION GROUNDS ACT 1859
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CHAPTER XXVII.
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An Act to facilitate Grants of Land to be made near populous Places for the Use of regulated Recreation of Adults, and as Playgrounds for Children.[1]
[19th April 1859.]
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[Preamble.]
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Lands may be conveyed to trustees for recreation grounds, &c.
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1. Any lands may be lawfully conveyed to trustees, to be held by them as open public grounds for the resort and recreation of adults, and as playgrounds for children and youth, or either of such purposes, and for any estate, and subject to any reservation, restrictions, and conditions which the donor or grantor may think fit: But this enactment shall not extend to authorise any lands to be so conveyed for any greater estate or interest than the donor or grantor would, independently of this Act, have power to dispose of.
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Form of conveyance.
9 Geo. 2. c. 36.
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2. Any such conveyance of land to trustees may be in the following form, subject to any modification thereof which the case may require:
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“I, A.B., do hereby convey and grant to , as trustees for public ground for the parish [or parishes] of [here describe the lands conveyed or granted], to be held by them as public ground for the purposes of the Recreation Grounds Act, 1859.”
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And it is hereby enacted, that the grant or conveyance of such lands shall not require enrolment, nor to be by indenture, and shall be valid, although the donor or grantor shall die within twelve calendar months after the making of such grant,[1]
any of the provisions of the Act passed in the ninth year of the reign of King George the Second, chapter thirty-six, to the contrary notwithstanding.
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Grants by municipal corporations.
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3. With respect to lands belonging to any municipal corporation, such grant may be lawfully made by the body corporate, with the consent of the Treasury, signified by their executing the deed of conveyance.
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Grants of parish land.
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4. With respect to lands belonging to any parish, such grant may and shall be made by the trustees or feoffees (if there shall be such), or otherwise by the church wardens and overseers of the parish, in pursuance of a resolution for that purpose of the vestry or other body having the management of the affairs of such parish, passed in meeting duly assembled for the purpose, and with the approbation of the Poor Law Board, to be testified by their seal being affixed to the deed of conveyance.
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Appointment of Trustees, managers, and directors.
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5. With respect to the appointment of trustees for holding any such grounds for the purpose aforesaid, the lord of any manor, or the churchwardens of any parish, or the overseers of the poor of any parish or township, or all or any of such persons to whom lands shall have been conveyed as aforesaid, shall be a body corporate for taking, holding, and disposing of such grounds, and instituting, maintaining, and defending any proceedings relating thereto; but the management and direction of the same shall be and remain in such persons as may be named in the deed of conveyance thereof; and in case no such persons shall be so named, or there shall be a failure of such managers and directors, the Charity Commissioners for England and Wales shall have power to settle a scheme for the appointment of the managers and directors.
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Byelaws and regulations.
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6. The managers and directors may from time to time make and enforce any such byelaws, orders, and regulations for the management, preservation, disposition, and care of the said grounds, and the government of all persons using or frequenting the same, as shall be approved by the said Commissioners and in accordance with the conditions of the grant; and no byelaws, orders, or regulations in any manner restricting the public use or enjoyment of the said grounds shall be valid unless sanctioned with such approbation.
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Bequests of personal property.
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7. It shall be lawful for any person to bequeath any personal property, not exceeding one thousand pounds in amount, for the purpose of defraying the expenses of purchasing, preparing, maintaining, and preserving such grounds for the purposes aforesaid, and ornamenting the same.
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Extent of Act, and short title.
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8. This Act shall extend to England and Ireland only, and may be cited for all purposes by the title of “The Recreation Grounds Act, 1859.”
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[1 Short title, “The Recreation Grounds Act, 1859.” See s. 8.]
[1 The provisions of 9 Geo. 2. c. 36, referred to, are rep. 51 & 52 Vict. c. 42. s. 18, but see terms of repeal.] |
