What is the test for a license to license a surveyor to obtain materials from a park?

Bunbury v. Fuller is cited by Bray J. in R. v. Bradford, [1908] 1 K.B. 365. He says at p. 373: "The question is whether it was intended by the statute that the justices should have jurisdiction to license the surveyor to get materials from a park. If it was not, then the justices could not give themselves jurisdiction by finding that the place in question was not a park. But s. 54 expressly says that the surveyor may by licence from the justices get materials from enclosed lands, 'such lands …. not being …. a park.' Therefore the justices must first of all inquire whether the place is a park or not. But that inquiry is not in the course of the exercise of the jurisdiction, but as a preliminary to it."