Commons (Banstead), Supplemental
COMMONS (BANSTEAD), SUPPLEMENTAL
WHEREAS by the Scheme for the establishment of
local management with respect to Banstead Downs, Banstead Heath, Burgh
Heath, and Park Downs in the County of Surrey, duly confirmed by the
“Metropolitan Commons (Banstead) Supplemental Act,
1893”, power is given to the Conservators appointed by and
under the authority of the said Scheme to frame Bye-laws for the
purposes therein stated: Now we, being the Conservators
appointed by and under the authority of the said Scheme, do hereby make
the following Bye-laws, which are to commence and take effect
immediately after the same shall have been allowed by the Local
Government Board, and so to continue until the same shall be altered or
repealed according to the provisions of the said Scheme: and we do by
such Bye-laws impose the penalties and further penalties in the same
Bye-laws respectively mentioned.
In the construction of these Bye-laws –
“The Commons” means the pieces of land, with the
roads thereon, commonly called or known by the names of Banstead Downs,
Banstead Heath, Burgh Heath, and Park Downs, and the small piece of
waste with the Jubilee tree planted thereon, in the parish of Banstead
in the County of Surrey.
“The Conservators” means the Conservators for the
being regulating and managing “The Commons” under
virtue of the Scheme confirmed by the Metropolitan Commons (Banstead)
Supplemental Act, 1893.
The term “unauthorised person” means any person,
person for the time being duly authorised by the Conservators, in
writing, or a person acting legally by virtue of some estate or
interest, or in the legal exercise of some right saved by the said
Scheme in, over, or affecting the Commons or some part thereof, or a
person duly authorised by a person entitled so to act as aforesaid.
Words importing the masculine gender shall be deemed and taken to
include females, and the singular to include the plural, and the plural
the singular, and the whole any part.
“Person” includes corporation, aggregate or sole.
No idle and disorderly person, gipsy, squatter, vagrant, gambler,
card-sharper, seller and exhibitor of infamous books, photographs,
pictures or prints, shall frequent or resort to or remain
upon the Commons; and it shall be the duty of any constable or any
officer of the Conservators to remove or exclude from the Commons any
such person, and all persons guilty of brawling, fighting or
quarrelling, or using indecent and improper language.
No unauthorised person shall encamp upon the Commons, or erect or place
any shed, hut, platform, booth, tent, post, hurdle, roundabout, swing,
shooting gallery, sticks for throwing at toys, cocoa nuts or Aunt
Sallies, or other apparatus for games or amusements, or other erection,
or cause any obstruction thereon, or take money for any games or
amusements. And no unauthorised person shall turn out, or
graze, or permit to graze, stray, or remain on the Commons any cattle,
sheep, horse, ass, mule, or other animals.
No unauthorised person shall cut, dig, take, or sell any turf, sods,
gravel, clay, peat, loam, sand or other substance from or disturb the
surface of the Commons.
No unauthorised person shall cut, fell, or in anywise injure any tree,
shrub, brushwood, gorse, heather, fern, grass, or
other plants upon the Commons, or light any fire
upon the Commons, or wilfully or negligently place, throw, or let fall
any lighted or combustible substance, article, or thing which may
cause, or be likely to cause, damage by fire to any turf, trees,
shrubs, brushwood, gorse, heather, fern, grass, or other plants upon
All persons legally entitled to take, cut, or fell any turf, trees,
brushwood, gorse, heather, fern, gravel, sand, loam, clay, or the like,
from the Commons shall, in so doing, abstain from committing any
unnecessary damage to the Commons, or the turf, trees, shrubs,
brushwood, gorse, heather, fern, grass, or other natural product
thereof, and all such persons entitled as aforesaid shall observe and
abide by the following regulations, that is to say:-
(a) No turf, trees, brushwood, gorse, heather, fern, gravel,
sand, loam, clay, or the like, shall be dug, cut, felled, or taken,
from or on any part of the Commons which may be temporarily enclosed by
the Conservators for the revival of the turf, shrubs, trees, plants or
grass thereon, or set apart for cricket or other games, if similar
turf, or other such respective substances or products as aforesaid, can
be conveniently taken, cut, dug, or felled from some other part of the
(b) All fresh gravel and other pits and excavations shall, as
as possible, be made with sloping sides, so as to prevent
accidents to animals or persons straying or falling therein.
(c) If in any year the Conservators shall, with the consent
the shooting tenant for the time being of any part of the Commons,
prescribe a day before which on such part of the Commons fern or
heather shall not be cut or taken, then fern or heather shall not be
cut or taken in such year on or from such part of the Commons before
the prescribed day.
No unauthorised person shall make any enclosure or encroachment or
erect any fence on the Commons, or place, deposit, or scatter, have or
retain on the Commons any road sand, materials for the repair of the
roads, dung, rubbish, manure, cinders, road sweepings, soot, timber,
bavins, bricks, building materials, bottles or glass, paper or other
substance, or resort to the Commons for the purpose of making mortar.
No person shall throw or place in any pond on the Commons any earth,
wood, glass, crockery, metal, paper, or other rubbish or refuse, or the
dead body of any animal.
No unauthorised person shall injure, deface, remove, or disfigure by
posting thereon of bills, placards or notices, any tree, seat, notice,
or notice-board, posts, chains, railings, fences, or barriers which may
be upon the Commons.
No person, except with the authority of the owner of the soil, shall
catch any bird on the Commons, or set any trap, gin, or net, or lay any
snare of any description for any bird or animal, or take the eggs or
nests of birds, or shoot or chase game or other animals, or allow his
dog to chase, injure, or kill any bird or animal upon the Commons, or
bring or put on to the Commons any birds or animals for the purpose of
being shot or chased.
No unauthorised person shall ply for hire or let out any horses,
ponies, mules, asses, goats, or other animals, with or without carts or
carriages, upon the Commons.
No unauthorised person shall draw, drive, stand, or place any waggon,
van, cart, carriage, truck, velocipede, or other vehicle, upon the
No unauthorised person shall exercise any horse on or across the
Commons, so as to injure the turf of the Commons, and no person shall
ride any horse over the Commons in a manner likely to endanger the
safety or comfort of persons frequenting the Commons.
No person shall drive, ride, or pass over with any vehicle or upon
horseback the parts of the Commons temporarily enclosed for
the revival of the turf, shrubs, trees, plants, or grass thereon,
or set apart for games or as a cricket
ground; and no person shall play at any game, or skate or slide upon
the parts so set apart, except at such times and under such regulations
as the Conservators may from time to time prescribe; and no
person shall obstruct or interfere with or annoy any persons who are
playing or have made preparations for playing at any lawful game, or
who are skating or sliding upon the parts so enclosed or set
apart. And with regard to every other part of the Commons not
so enclosed or set apart as aforesaid, no person shall play at any game
thereon so near to any road as to endanger the safety of, or injure,
alarm, or annoy any person, horse or other animal passing along such
No unauthorised person shall play on the commons any game destructive
of, or injurious to, the surface, soil, or natural products of the
Commons, except in such places and under such regulations as the
Conservators may from time to time prescribe.
No unauthorised person shall injure the ice on any pond on the Commons,
or place any stones, earth, or other substance on any such ice so as to
render the same less suitable for skating or sliding.
No unauthorised person shall dry or bleach clothes, or other articles,
or beat carpets, upon the Commons, except in such places and under such
regulations as the Conservators may from time to time prescribe.
No unauthorised person shall fire any fire-arm, upon the Commons or
throw any missile, or commit any other act so as to endanger any person
on the Commons.
No unauthorised person shall do, aid in, or abet any act or thing which
may not in these Bye-laws be specifically mentioned, and which may tend
to the injury or disfigurement of the Commons, or to interfere with the
use thereof by the public for the purpose of exercise and recreation.
Every person acting or taking any part in the violation of any of the
foregoing Bye-laws shall, for every such offence, be liable to penalty
not exceeding the sum of £5 sterling for each offence, and in
case of a continuing offence, every
continuing such offence shall be liable to a further penalty not
exceeding the sum of 40s sterling for each day, after conviction
therefor, during which the offence continues; the Justices before whom
any of the penalties aforesaid is or are sought to be recovered shall
be at liberty in every case to order that part only of the said maximum
penalty shall be paid.
Nothing in these Bye-laws shall take away, abridge, or prejudicially
affect any right, power or authority vested in the Conservators
otherwise than by these Bye-laws, or in any authority legally existing,
to prevent or punish the offences hereinbefore specified.
GIVEN under our Corporate
Seal this 14th day of December, One thousand
eight hundred and ninety-three.
Sealed with the Common Seal of the Conservators
the presence of
Clerk to the Conservators
by the Local Government Board this 18th day of
G. SHAW LEFEVRE