Mill OF BURIA ||§|§p w J. BROOKE LITTLE, ■ LIST 01 SHAW AND LlZWi> im E.C. BAPTISMS 01 PRINTED ( No. Ij sufficien a, 3, M 4. 5» i» i BANNS OF M No. I, sufficien 2. 3, ■> •I. 5, UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY arehment, p h Calf, mg Backs d. JARTO. CALF. 8. d. 7 12 18 Baptisms, cont 5 Burials, 5 Marriages 5 In tificate Boo No. "J 1, Marriage, Clergy Quarterly INil Keturn per quire . I 6 PARCHMENT SHEETS for making copies of the Registers of Marriage, Baptisms and Burials, to return to the Diocesan Registrar Is. each. BURIAL ACT, 1880. A i Burial, in hooks of 50 each, 2s. B Notice of Burial having taken place, in hooks of 50 each, 1*. PREACHER'S BOOKS. Names of Preachers, with cols, for collection, bnd. rough calf . 14 Ditto, ditto, without columns 14 Another nort half-bound . 10 TITHE FOIlilS, AND NOTICES. TITHE RENT-CHARGE ACCOUNT BOOKS. POT 500 Payers . . 3 For 1500 Payers . .70 „ 1000 ,. ..50 „ -2000 „ . .90 1 Charge Receipt 2 RECOVERY OF RENT-CHARGE. ilar Notes to pay Rent-charge . . . per quire . 1 Notice of Distress for Rent-charge ... „ .30 Authority to Bailiff to distrain .... „ .30 atory of Goods distrained .... „ .30 J&T LIST OF BURIAL BOARDS' BOOKS AND FORMS DKAWN UNDER THE NEW BUEIAL ^VCTS, PUBLISHED BY SHAW AND SONS, FETTER LANE, LONDON, E.C. i Notice of Vestry Meeting to consider the providing of a Burial Ground - per quire of 48 forms 2 Transmitting Copy of Resolution of Vestry to provide Burial Ground to Secretary of State - per quire of 48 forms 3 Requisition to convene Meeting to provide Burial Ground, per quire of 48 forms 17 Requisition to convene Ordinary, &c, Meeting of Members per quire 18 Notice of Ordinary, &c, Meeting of Members 19 Order of Members of Burial Board upon Overseers of the Poor to pay Contribution from Poor Rates, with Counter- part, in books - - each 20 Yearly Statement of Auditors - - - per quire 4 Minute Book, bound in calf and lettered 5 Cash Book, bound in calf and lettered - 6 Register of Burials, drawn, embodying the requirements £ »■ d. of the Act of Parliament 1 quire 2 quires 3 - 4 -. 5 ii 6 „ 7 .. 8 „ 9 .. 10 400 Names 800 „ - 1200 - 1600 - 2000 - 2400 - 2800 - 3200 - 3600 - 4000 o 3 o 3 o o o o I o o o I I 1 2 2 3 3 3 2 2 5 5 5 16 13 19 5 12 19 6 13 o 7 14 o o o o o o o o o o o o o o *„* The Register of Burials may be liad of any size to Order, and the Name of the Burial Board printed in where required without extra charge. It may also be had printed on vellum or parchment. [Continued at end of Work. THE LAW OF BURIAL. THE Saw #f §*mal: INCLUDING ALL THE BURIAL ACT 8 AND OFFICIAL KEGULATIONS, WITH NOTES A.ND CASES BY JAMES BROOKE LITTLE, B.A., CH. CH. OXOX. BARRISTER-AT-LAW, INNER TEilPLE. Editor of" The Agricultural Holdings Act, 1883," " The Law of Allotments," &c. LONDON: SHAW & SONS, FETTER LANE AND CRANE COURT, E.C. ILato $rtnterti anlr |9ufcliSI)er2. 1888. LONDON: SHAW AND SONS, FETTER LANE AND CRANE COURT, E.C. T c? h PKEFAOE. THERE are more than a hundred and twenty public Acts of Parliament relating in whole or in part to matters connected with the burial of the dead. They contain provisions dealing with the interment of bodies, the establishment of burial boards, the pro- viding, enlarging, and repairing of burial grounds, churchyards, and cemeteries, and the preservation of order therein, the regulation of burial ceremonies, registration of burials, the burial of the poor, of suicides, murderers, and drowned persons, the re- moval of bodies, the closing of burial grounds, and the conversion of disused burial grounds into open spaces, the superintendence of tombstones and monu- ments, the destination of fees, the establishment of mortuaries, and other matters more or less connected with the subject of burial. Most of these matters are dealt with piecemeal by Acts amended and re-amended, or in connection with other subjects. Hence a difficulty has been experienced in deciding which Acts, out of this chaos, should be printed in full and which should be shortened to one or more sections, or merely alluded to in a note, so as to give the fullest information possible within the compass of a work of moderate 767737 vi Preface. dimensions. Those Acts relating exclusively to burial in general, or to the burial of classes of persona in particular, and to burial boards or burial grounds, are of course printed in full. The ( 'liureh Building Acts have almost the same application to the providing of churchyards as to tin- building of churches, and it has been thought advisable to set out most of those Acts slightly abbre- viated. On the other hand, the Acts relating to the poor contain, as a rule, specific sections dealing with burial, and in most cases it has been sufficient to set out such sections only. Of the Acts dealing with other matters, such as registration, preservation of order, establishment of mortuaries, the conversion of closed burial grounds into open spaces, &c, some have been set out in full and some abridged, as has appeared suitable. In the introductory chapter the common and civil law relating to burial has been fully dealt with. The decided cases on the subject up to the present term have been noted, and references given to all the leading -Ties of reports. J. B. L. Tjbmplb, J) , , ,,,1/cr, 1887. CONTENTS. PAGE Table of Statutes xix Index of Cases xxiii THE LAW OF BURIAL. Right to possession of dead body ... 1 Disposition of body by will ... 1 Anatomical bequests 2 Liability for funeral expenses 2 Burial of shipwrecked and drowned persons 4 Removal of bodies ... 5 Stealing shrouds, &c. ... ... ... ... ... ... (> Cremation :.. Place of burial 13 Mode of burial 29 Fees 31 Mortuaries and corse presents '. 40 Monuments and tombstones 47 The Burial Acts (General) 51 The Burial Acts (Metropolis) SO THE BURIAL ACTS. 15 & 1G Vict. Cap. 85. An Act to amend the Laws concerning the Burial of the Dead in the Metropolis. [1st July, 1852.] 83 16 & 17 Vict. Cap. 134. An Act to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis. [20th August, 1853.] 138 17 & 18 Vict. Cap. 87. An Act to make further Provision for the Burial of the Dead in England beyond the Limits of the Metropolis. [10th August, 1854.] 148 viii Contents. PAGE 18 & 19 Vict. Cap. 128. An Act further to amend the Laws concerning the Burial of the Dead in England. [14th August, 1855.] 156 20 & 21 Vict. Cap. 35. An Act to amend an Act passed in the Fifteenth and Six- teenth Years of the reign of Her present Majesty Queen Victoria, intituled an Act to amend the Laws concerning the Burial of the Dead in the Metropolis, so far as relates to the City of London and the Liberties thereof. [10th August, 1857.] ... ... ... ... ... ... 174 20 & 21 Vict. Cap. 81. An Act to amend the Burial Acts. [25th August, 1857.] ... 184 22 Vict. Cap. 1. An Act more effectually to prevent Danger to the Public Health from Places of Burial. [25th March, 1859.] ...210 23 & 24 Vict. Cap. 64. An Act to make further Provision for the Expenses of Local Boards of Health and Improvement Commissioners acting as Burial Boards, [0th August, I860.] 212 25 & 26 Vict. Cap. 100. An Act to authorize Improvement Commissioners acting as Burial Boards to mortgage certain Rates for the purposes of the Burial Acts. [7th August, 1862.] 216 :i 1 & 35 Vict. Cap. 33. An A't to explain and amend the Burial Acts. [29th June, 1-71.] 218 Till. Bl RIAL BOARDS (CONTESTED ELECTIONS) ACT, 1885. 48 & 49 Vict. Cap. 21. An A't to amend the Law with respect to Contested Elections of Burial Boards. [25th June, 1885.] 220 Contents. ir PAGE THE PUBLIC HEALTH (INTERMENTS) ACT, 1879. 42 & 43 Vict. Cap. 31. An Act to amend the Public Health Act, 1875, as to Inter- ments. [21st July, 1879.] 221 THE BURIAL LAWS AMENDMENT ACT, 1880. 43 & 44 Vict. Cap. 41. An Act to amend the Burial Laws. [7th September, 1880.]... 229 THE BURIAL AND REGISTRATION ACTS (DOUBTS REMOVAL) ACT, 1881. 44 Vict. Cap. 2. An Act to remove Doubts as to the operation and effect of so much of the Burial Laws Amendment Act, 1880, as relates to the Births and Deaths Registration Act, 1874. [Nth February, 1881.] 239 THE CEMETERIES CLAUSES ACT, 1847. 10 & 11 Vict. Cap. 65. An Act for consolidating in one Act certain provisions usually contained in Acts authorizing the making of Cemeteries. [9th July, 1847.] 241 INTERMENTS (FELO DE SE) ACT, 1882. 45 & 46 Vict. Cap. 19. An Act to amend the Law relating to the Interment of any person found felo de se. [3rd July, 1882.] 266 BURIAL OF DEAD CAST ON SHORE FROM THE SEA. 48 Geo. 3, Cap. 75. An Act for providing suitable Interment in Churchyards or Parochial Burying Grounds in England for such dead Human Bodies as may be cast on Shore from the Sea, in cases of Wreck or otherwise. [18th June, 1808.] ...268 a 3 x Contents. PAGE 40 Vict. Cap. 20. An Act to amend the Law in respect to the Discovery and Interment of Persons dro\vned. [4th June, 1886.] ... 274 METROPOLITAN OPEN SPACES ACT, 1881. 44 & 45 Vict. Cap. 35. An Act to amend the Metropolitan Open Spaces Act. 1877. [11th August, 1881.] 275 THE DISUSED BURIAL GROUNDS ACT, 1884. 47 & 48 Vict. Cap. 72. An Act for preventing the erection of Buildings on Disused Burial Grounds. [14th August, 1884.] 286 THE COMMUTATION OF TITHES ACT, 1878. 41 & 42 Vict. Cap. 42. An Act to amend and further extend the Acts for the Com- mutation of Tithes in England and "Wales. [8th August, 1878.] 290 MISCELLANEOUS. 11 & 12 Vict. c. 63; s. 83 293 21 St 22 Yi.-r. .-. 98/8. 49 293 24 k 26 Vict.c. 61, 8. 21 293 29&30 Yi,t. .. 9.0, a. II 293 ALIENATION OF LAND FOR CHURCHYARDS. 56 Geo. 3, Cap. 141. An Act for enabling Ecclesiastical Corporate Bodies, under certain Circumstances, to alienate Lands for enlarging ir Churchyards. [2nd July, 1816.] 294 « IHKt ii BUILDING ACTS. 58 Geo. 3, Cap. 45. An A' t fur bnilding and promoting the building of additional Churches in Populous Parishes. [30th May, 1818.] ... 296 Contents. xi PAGE 59 Geo. 3, Cap. 134. An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in Populous Parishes. [13th July, 1819.] 324 3 Geo. 4, Cap. 72. An Act to amend and render more effectual two Acts passed in the Fifty-eighth and Fifty-nihfh Years of His late Majesty, for building and promoting the building of addi- tional Churches in Populous Parishes. [22nd July, 1822.] 345 5 Geo. 4, Cap. 103. An Act to make further Provision, and to amend and render more effectual three Acts passed in the Fifty-eighth and Fifty-ninth Years of His late Majesty, and in the third Year of His present Majesty, for building and promoting the building of additional Churches in Populous Parishes. [24th June, 1824.] 363 7 & 8 Geo. 4, Cap. 72. An Act to amend the Acts for building and promoting the building of additional Churches in Populous Parishes. [2nd July, 1827.] 372 1 & 2 Will. 4, Cap. 38. An Act to amend and render more effectual an Act passed in the Seventh and Eighth Years of the reign of His late Majesty, intituled (i An Act to amend the Acts for build- ing and promoting the building of additional Churches in Populous Parishes." [15th October, 1831.] 374 1 & 2 Vict. Cap. 107. An Act to amend and render more effectual the Church Build- ing Acts. [15th August, 1838.] 388 8 & 9 Vict. Cap. 70. An Act for the further amendment of the Church Building Acts. [31st July, 1845.] 398 xii -Contents. PAGE 9 S: 10 Vict. Cap. 68. An Act for better enabling the Burial Service to be performed in one Chapel where contiguous Burial Grounds shall have been provided for two or more Parishes or Places. [26th August, 1846.] 415 14 & 15 Vict. Cap. 97. An Act to amend the Church Building Acts. [7th August, l^ol.J •*• ••• ••• ••• ••• ••• ••• ••• *l» NEW PARISHES ACTS. 6 & 7 Vict. Cap. 37. An Act to make better Provision for the Spiritual Care of Populous Parishes. [28th July, 1843.] 429 7 & 8 Vict. Cap. 94. An A<-f to explain and amend an Act for making Provision for the Spiritual Care of Populous Parishes. [9th August, 1844.] 438 19 & 20 Vict. Cap. 104. An Act to extend the Provisions of an Act of the Sixth and Seventh Years of Her Majesty for making better Provision for the Spiritual Care of Populous Parishes, and farther to provide for the Formation and Endowment of irate and distinct Parishes. [29th July, 1856.] ... 442 NEW PARISHES AND CHURCH BUILDING ACTS AMENDMENT ACTS. 32 & 33 Vict. Cap. 94. An Act to amend the New Parishes Acts and Church Building Acts. [11th August, 1869.] 453 47 & 48 Vict. Cap. 65. An Ad to amend the New Parishes Acts and Church Building Arts. [Hth August, 1884.] 459 BITES FOB PLACES OF WORSHIP AND BURIAL. 36 k. 37 Vict. Cap. 50. An Ad to afford further Facilities for the Conveyance of Land for Sites for Places of Religious Worship and for Burial Places. [21st July, 1873.] 466 Contents. xiii PAGE 45 & 46 Vict. Cap. 21. An Act to amend the Places of Worship Sites Act, 1873. [12th July. 1882.] 472 CONSECRATION OF CHURCHYARDS ACTS. 30 & 31 Vict. Cap. 133. An Act relating to the Consecration of Churchyards. [20th August, 1867.] 475 31 & 32 Vict. Cap. 47. An Act to amend " The Consecration of Churchyards Act, 1867." [13th July, 1868.] 481 REGISTRATION OF BURIALS. 52 Geo. 3, Cap. 146. An Act for better regulating and preserving Parish and other Registers of Births, Baptisms, Marriages, and Burials in England. [28th July, 1812.] 482 11 Geo. 4 & 1 Will. 4, Cap. 66, ss. 20, 21. An Act for reducing into one Act all such Forgeries as shall henceforth be punished with death, and for otherwise amending the Laws relative to Forgery. [23rd July, 1830.] 492 24 & 25 Vict. Cap. 98, ss. 36, 37. An Act to consolidate and amend the Statute Law of Eng- land and Ireland relating to Indictable Offences by Forgery. [6th August, 1861.] 494 27 & 28 Vict. Cap. 97. An Act to make further Provision for the Registration of Burials in England. [29th July, 1864.] 496 33 & 34 Vict. Cap. 97, ss. 3, 80. An Act for granting certain Stamp Duties in lieu of Duties of the same kind now payable under various Acts, and consolidating and amending provisions relating thereto. [10th August, 1870.] 498 a4 xiv Contents. PAGE 37 k 38 Vict. Cap. 88, ss. 17—19. An Act to amend the Law relating to the Registration of Births and Deaths in England, and to consolidate the Law respecting the Registration of Births and Deaths at Sea. [7th August, 1874.] 499 BURIAL OF THE POOR. 7 & 8 Vict. Cap. 101, ss. 31, :>f>. An Act for the further amendment of the Laws relating to the Poor in England. [9th August, 1814.] 502 12 & 13 Vict. Cap. 103, ss. 16, 17. An Act to continue an Act of the last Session of Parliament for Charging the Maintenance of certain Poor Persons in Unions upon the Common Fund, and to make certain Amendments in the Laws for the Relief of the Poor. [1st August, 1849.] 504 13 & 14 Vict. Cap. 101. s. 2. An Act to continue two Acts passed in the Twelfth and Thirteenth Fears of the Reign of Her Majesty, for charg- ing the Maintenance of certain Poor Persons in Unions in England and Wales upon the Common Fund, and to make certain Amendments in the Laws for the Relief of the Poor. [14th August, 1850.] 505 1G & 17 Vict. Cap. 97, ss. 120, 132. An Ac( i" cons ilidate and amend the Laws for the Provision and Regulation of Lunatic Asylums for Counties and Boroughs, and for the Maintenance and Care of Pauper Lunatics in England. [20th August, 1853.] 500 18 & 19 Vict. Cap. 79. mend the Law regarding the Burial of Poor Pcr- - by Guardians and Overseers of the Poor. [30th July, 1855.] ••• ... r )0 7 18 & 19 Vict. Cap. 105, ss. 11—13, 19. An Acl to amend the Lunatic Asylums Act, 1853, and the Acts passed in the Ninth and Seventeenth Years of Her Majesty, for the Regulation of the (are and Treatment of Lunatics. [14th August, 1853.] 50$ Contents. xv PAGE 20 Vict. Cap. 19, ss. 1, 11. An Act to provide for the Relief of the Poor in Extra- parochial Places. [21st March, 1857.] 512 25 & 26 Vict. Cap. Ill, ss. 9, 10. An Act to amend the Law relating to Lunatics. [7th August, 1862.] 514 28 & 29 Vict. Cap. 79, ss. 1, 10, 16, 17. An Act to provide for the better Distribution of the Charge for the Relief of the Poor in Unions. [29th June, 1865.] ... 516 31 & 32 Vict. Cap. 122, ss. 13, 45. An Act to make further Amendments in the Laws for the Relief of the Poor in England and Wales. [31st July, 1868.] 518 39 & 40 Vict. Cap. 61, s. 21. An Act to provide for the better Arrangement of Divided Parishes and other local areas, and to make sundry Amendments in the Law relative to the Relief of the Poor in England. [15th August, 1876.] 519 LANDS CLAUSES ACT, 1845. 8 Vict. Cap. 18. An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the Taking of Lands for Undertakings of a Public nature. [8th May, 1845.] ...520 RAILWAYS CLAUSES ACT, 1845. 8 Vict. Cap. 20. An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the Making of Railways. [8th May, 1845.] 557 COMMISSIONERS CLAUSES ACT, 1847. 10 Vict. Cap. 16. An Act for Consolidating in one Act certain Provisions usually contained in Acts with respect to the Constitution and Regulation of Bodies of Commissioners appointed for Carrying on Undertakings of a Public nature. [23rd April, 1847.] 564 xvi Contents. PAGE WATERWORKS CLAUSES ACT, 1847. 10 Vict. Cap. 17. An Act for Consolidating in one Act certain Provisions usually contained in Acts authorizing the Making of Waterworks for supplying Towns with water. [23rd April, 1847.] ... 570 APPENDIX. Appendix A. — No. 1. Directions as to the Appointment and Proceedings of Burial Boards under the Burial Acts of 1852-3-5-7, 1S00, and 1871. [Home Office.] 573 Appendix A. — No. 2. Suggestions to Burial Boards providing and managing Burial • rronndfl, and making arrangements for Interments by the [nspector under the Burial Acts of 1852-3-4-5-7-9,1860, and 1871. [Home Office.] 578 Atpexdix A. — No. 3. llations for Burial Grounds provided under the Acts 15 & 16 Vict. c. 85 ; Hi & 17 Vict. c. 134 ; 17 & 18 Vict. c. 87; 18 & 19 Vict. c. 128; and 20 & 21 Vict. c. 81. [Home Office.] 590 Appendix B. — No. 1. Circular of the Local Government Board with regard to the ilic Health (Interments) Act, 1879 591 Appendix B.— No. 2. Memorandum issued by the Local Government Board on the Sanitary Requirements of Cemeteries. [Dated 13th De- cember, 1880.] 596 Appendix B. — No. 3. ilar of the Local Government Board with regard to Bye- lawa under Public II -iiltli (Interments) Act, 1879. [Dated 1 '.ill February, 1881.] G03 Contents. xvii PAGE Appendix B. — No. 4. Bye-laws with respect to the Management of a Cemetery, issued by the Local Government Board 604 Appendix C. — No. 1. Queries of Home Office, with view to report on Burial Ground by Inspector 606 Appendix C. — No. 2. Queries of Home Office with regard to application for approval of proposed new Burial Ground 607 Appendix C.— No. 3. Queries of Home Office on application for licence to remove remains 610 Appendix D. Table of Fees and Payments to be made on Consecration of Burial Ground 611 Index . ... 613 TABLE OF STATUTES. 13 Edw. 1 ... 35 Edw. 1, stat. 2 9 Edw. 2, c. 2 21 Hen. 8, c. 6 22 Hen. 8, c. 5, s. 3 5 & 6 Edw. 6, c. 4 43 Eliz. c. 2 ... 3 Jac. 1, c. 5, s. 15 17 Car. 2, c. 3 22 Car. 2, c. 11 30 Car. 2, c. 3 32 Car. 2, c. 1 13 Anne, c. 6 7 & 8 Will. 3, c 9 Geo. 1, c. 7, s, 25 Geo. 2, c. 37 28 Geo. 2, c. 6 27 Geo. 3, c. 44, 48 Geo. 3, c. 75 51 Geo. 3, c. 116 52 Geo. 3, c. 146 54 Geo. 3, c. 108 55 Geo. 3, c. 68 56 Geo. 3, c. 141 58 Geo. 3, c. 45 6 4 s. 2 •c. 69 80 59 Geo. 3, c. 12 c. 134 ... 3 Geo. 4, c. 72 4 Geo, 4, c. 52 5 Geo, 4, c. 103 7&8 Geo. 4,c. 72 ... 9 Geo. 4, c. 31 11 Geo. 4 & 1 Will. 4, c. 66, s. 78, 21 PAGE • •• 21,37 • •• ... 22 ■ ** ... 46 . •• ... 43 ■ •• ... Ill • •• 27, 235 I }, 38, 123 • •• ... 9 ... ... 437 ... 177, 181 • •• ... 29 .*• ... 29 • ■• ... 45 ... ... 46 . •■ ... 123 ■ .. ... 12 ... ... 45 ... ... 28 ... 4,268 . . . ... 183 146, 199, 482 ... ... 29 ... ... 342 ... 24,294 ... ••• 296 24, 157, 164 • .. ... 207 . .. ... 123 25, 172, 325 . 26, 172, 345 ... 12, 266 ... ... 363 ... ... 372 ... ... 12 ... 146, 492 XX Table of Statutes. 1 & 2 Will. 4, c. 38 ... 2 & 3 Will. 4, c. 75 ... I & G Will. 4, c. 26... c. 76... 5 -v 6 Will. 4, c. 50, s. 1 : — c. 69... c. 76... 6 & 7 Will. 4, c. 71 ... c. 86... 7 Will. 4 & 1 Vict. c. 22 1 & 2 Vict. c. 107 2 & 3 Vict. c. 62, s. 9 4 .V 5 Vict. c. 38 ... 5 & 6 Vict. c. 35, s. 60 6 & 7 Vict. c. 37 ... 7 fe s Vict. c. 94 ... c. 101, s. 31 c. 102 ... 8 Vict. c. 18 c. 20 8 & 9 Vict. c. 70 ... 9 & 10 Vict. c. 68 ... 10 Vict. c. 16 c. 17 L0&11 Vict. c. 34... c. 65 ... 11 ic 12 Vict. c. 63, s. 83 c. 123 — c. clxiii c. 49... c 103 ■c. Ill c. 21,s. 5 — c. 52... c. 57 ... c. 101 14 8c 16 Vict. c. 23... c. 42,s.27 c. 89 ... c. 97... c. xci 15 fc 16 Vict. c. 85 ... c. 45 ... c. 50 ... c. 83,88. 2, 3 12 & 13 Vict 13 & 14 Vict PAGE ■ *• * ■ • 190, 374 • >• ••• 2, 12 ... ■■ • ... 12 ... ... 123 ... ■ ■• ... 342 ... * * • ... 123 151, 188, 209 . .. ... ... 47 78, 146, 483 . • . • •• ... 146 «•■ ■ ■• ... 207 ••• ••* ... 123 ... ... ... 263 • ■• ••• ... 388 ... ... ... 47 ... ... ... 26 ••• ••• ... 99 •*• ■•• ... 429 ... ... ... 438 3, 192, 502 t •• ••• ... 9 • •• ... 284, 520 . *• ••• 262, 557 26, 172, 398 ... 415 ... ••• ... 564 • .. ... ... 570 * •• * . . ... 125 28, 122, 241 • * * ... 187, 293 • *. ... ... 85 ... ... 124, 180 • •• ... ... 26 ■ • . • •• ... 504 • *• • ■• ... 85 ... ... ... 93 ... ... 83, 84 • *■ ... 85, 141 • •• ... 192, 505 • •• ... ... 98 ••• ... ... 127 ••• ••• ... 127 • • ■ ... ... 419 ... .. ... 180 • •• ... ... 83 Table of Statutes. xxi PAGE 16 & 17 Vict. c. 97 ... .- 506 c. 134 — 138 17 & 18 Vict. c. 87 " 148 . c. 104, s. 128 . — i 18 & 19 Vict. c. 78 184 c 79 ... 184,507 c. 105 509 c. 116 85 ,c. 120 90,95,133 c. 121 85 c. 128 156 19 & 20 Vict. c. 104 189,442 c. 112, s. 9 90 20 Vict. c. 19, ss. 1, 11 V.. — 132,512 20 & 21 Vict. c. 13 123 c. 35 174 c.81 184 21 & 22 Vict. c. 25 ... 146 c. 98, s. 49 ... 212,293 22 Vict. c. 1 210 23 & 24 Vict. c. 32 27,28,121,235 i c. 64 ... ... ... ... ... ••• ••• 212 24 & 25 Vict. c. 61, s. 21 ... 172,293 c. 98, ss. 36, 37 199,494 c. 100, s. 3 13 25 & 26 Vict. c. 100 216 c. Ill, ss. 9, 10 514 27 & 28 Vict. c. 97 79,496 28 Vict. c. 48, s. 18 242 28 & 29 Vict. c. 79 192,516 29 & 30 Vict. c. 90, s. 44 92, 293 ss.27, 28 .123,222 c. 113, s. 18 132 30 & 31 Vict. c. 38 I 83 c-106,8.17 123 -c. 133 26,27,107,474 -c. 135 27 31 Vict. c. 24, s. 6 13 31 & 32 Vict. c. 47 26 -c. 109 191 -c. 122, s. 27 132 88.13.45 518 32 & 33 Vict. c. 42, s. 69 10 8 , 243 c.94 191,453 33 & 34 Vict. c. 91 238 XX 11 Table of Statutes. 33 & 34 Vict. c. 97, s. 80 ... 34 & 35 Vict. c. 33 c. 70. s. 2 ... 30 k 37 Vict. c. 50... c. 66, s. 16 ... 37 k 38 Vict, c. 88 38 & 39 Vict. c. 55 c. 87 39 & 40 Vict. c. 61, s. 21 ... 40 & 41 Vict. c. 35 41 k 42 Vict. c. 42 42 k 43 Vict. c. 31 43 & 44 Vict. c. 41 44 Vict. c. 2 41 & 45 Vict. c. 34 45 & 46 Vict. c. 19 c. 21 c. 50 c. 58 46 & 47 Vict. c. 52, s. 34 ... 47 & 48 Vict. c. 65 c. 72 4> k 49 Vict. c. 21 49 Vict. c. 20 PAGE 147,498 218 106, 141 27,460 243 79, 146, 240, 499 187, 221, 223 .•• ••• >•* ••■ JQ 132,519 173 290 28,221 10, 229, 266 240 24, 173, 275 12, 266 27, 472 151, 152, 154, 188, 202, 209 123,132. 92,159 459 24,286 221 5,274 INDEX OF OASES. PAGE Adlam v. Coulthurst 5 Ambrose v. Kerrison ... 2, 3, 14 Andrews r. Cawthorne 8,31,233 Andrews v. Symson 35 Anonymous Case 35,119 Ash by v. Harris 117, 120, 232 Attorney-General v. Parker Ill Austin v. Bethnal Green Guardians 94 Ayrton v. Abbott 47 Ballard v. Tomlinson 249 Bardin r. Calcott ... 18,36,49 Beckwith v. Harding 49 Bellamy's Case 22 Blackett v. Blizzard ... 90 Blackmore, Ex parte, 16,40,233 Bowyer v. Stantial ... 116,258 Bradley v. Strachey .: 22 Bradshaw v. Beard 3 Breeks v. Wodfrey ... 51 Brice v. Wilson 2 Bryan v. Whistler ... 16,117 Bryant v. Foot .. ... ... ... oo Bulwer v. Hase 50 Burdeaux v. Lancaster 34,37,233 Burial Board of St. Margaret's, Rochest er, v. Thompson ... 94, 108, 233 Burnley v. Overseers of Methley ... 208 Campbell v. Mayor of Liverpool ... 23, 141 Campbell r. Parishioners of Paddington 23, 287 Carr v. Mostyn 381 Cart r. Marsh ... ... 50 Chappie r. Cooper ... 3 Church v. Imperial Gaslight Company 109 Clarke r. Cuckfield Union... 109 xxiv Index of Cases. PAGE Cooper r. Dodd 8 Cowley v. Byaa 69, 162 Cronshaw o. Wigan Burial Board 113, 190, 448 Crowhnrst v. Amersham 102, 248 Dawney v. Dee 20 Day V. Beddingfield 19 Day v. Peacock 112 Dean of Ely v. Bliss 92 Dean of Exeter's Case 31,37 Dent p.Bob 381 Dobson v. Fussy 90 Edgell 0. Burnaby 114 Escott v. Mastin 9 Foster r. Dodd 203,206 Francis v. Ley 19 Fryer v. Johnson ... ... ... ... ... ... ... 16 Fuller v. Alford 448 ( ii 11 v. Birmingham 75,94,112 Gilbert v. Buzzard 6, 14, 17, 29, 35 Green o. Salmon 2 Greenwood v. Wadsworth 163 Hansard o. St. Matthew, Bethnal Green 24 Hani- v. Lambeth Burial Board 191 Harper r. Forbes and Sisson 23,287 Harvey's Case 20 llayne's Case 6 Hinde v. BisKop of Chester 46 Hoare v. Ram 231 Hopper ■». Davis ... 49 Hornby v. BuHal Board of Torteth Park 112 Hnntv. Wimbledon Local Board.. 109 Hntchins '■. Densdlbe 49 ibaon ''. Vestry of St. l'ancras ... 204 Jenkins t). Tucker ... ... 2 Johnson o. Friend 9, 234 Johnson v. Oldham ... ... 46 . Gottgh 327, 446 Keel 9, Smith 51, 121 Kempe. Wiokes 9,10,234 Knight v. Moseley 22 Index of Cases. xxv PAGE Liford's Case ... ... ... ... ••• ••• ••• 22 Littlewood v. Williams 18, 36 Liverpool (Rector of), Ex parte 141 Magnay v. Rector of St. Michael .... 116 Maidman r. Malpas ...16,48,49,50,121 Manby v. Curtis .••• 46 Markc r. Gilbert 46 Martin v. Wyatt 254 Matthews v. Jeffrey 116, 256, 257 Miles r. Bough ... 95 Moreland v. Richardson 87 Mouflet v. Cole ••• 88 Nevill V. Bridger — 40 Newhaven Local Board v. Newhaven School Board 93 Newman v. King 405 Nicholson v. Bradfield Union 109 Nowell v. Worcester (Mayor of) 109 Ormerod v. Blackburn 112, 191, 333 Ormerod v. Chadwick ... 208 Paddington Burial Board v. Commissioners of Inland Revenue 68, 99, 214 Palmer v. Bishop of Exeter 48 Proud v. Piper 46 Rector of St. John's, Walbrook, v. Parishioners ... 23, 287 Reg. v. Abney Park Cemetery Company 247,255 „ v, Arkwright 342 v. Attleborough 93, 102, 198 v. Bishopswearmouth 54, 67, 104, 172, 204 V.Coleridge 13,31,110 v. Coleshill 97,100,166,185 v. Edwards 269 v. Fox 1 V. Gladstone ••• 90 r. Hall 236 v. Maude and Others 54, 130, 143, 145, 157 v. Overseers of Christ Church, Middlesex 90 v. Perry 447 V, Peters 90 %\ Price 6 r. St. John, Westgate, and Elswick Burial Board ... 172 v. St. Mary Abbots, Kensington 247,255 » 55 55 )) XXVI Index of Cases. Reg. v. Scott „ v. Sharpe „ r. South Weald „ r. Stephenson r. Stewart „ v. Sudbury „ r. Tiverton „ r. Tonbridge ,, r. TViss .. r. Walcot .. r. Walcot, St. Swithin „ v. Walsall ; „ r. Wheatley .. r. Whipp .. r. Wright „ v. Vann Rex v. Churchwardens of Croydon ,, r. Haynes „ r. Lynn „ v. Reynell Rich v. Bushnell Roberts o. Aulton Rod gers r. Price Rooker v. Vicar of Northfleet Rugg v. Kingsmill (1) Rugg v. Kingsmill (2) Russell o. St. Botolph's PAGE 1 ... 1,5,206 62, 92, 159, 409 4, 7,29,192,230 91, 100, 131 107, 197, 250 91,167,190,215 22, 250, 287 •91, 190,215 57, 91, 190, 215 188 ... 204 208 ... 166,215 3 141 5 ... • ... 5 21 ... 20, 40, 50 ... 329 2 17 19 20, 50 23 St. George's, Hanover Square, v. Stewart 23,287 St. Martin's, Birmingham '(Recto* of),' 'Ex p&rte ... ... 141 St. l'ancras Burial Board, In re ... 140,157 St. 1'ancra- ,-. St. Martin-in-tlie-Fields 5,105,287 St. Saviour's Rectory (Trustees of) v. Oyler ... ... ... 288 Salisbury (Marquis of) and Ecclesiastical Commissioners, In re 467 er '•. Bbule ... ... ■... "48 Southampton Dock Company v. Richards ... ... ... 95 Spooner p. Brewster ... 47, 121 Bpry '■. Emperor :.. : ... ... 115 Spry «. Gallop ... : 36,115 Spry ''. Murvlebone... ... ... ... 40 . n_' o. Metropolitan Board of Works ... 141 Steele' v. Williams ... 147 Si rart v. West Derby Burial Board ... : ...113 Stracby '•. Francis ... ... ... ... 22 md \'L--try, In re 90 Index of Cases. xxvii PAGE Taylor's Case ... ... 8 Titchmarsh r. Chapman ••■ ... ... ... 8 Titchmarsh, Ex parte ... ... ... ... 8 Topsail v. Ferrers ... ... ... ... .. 34,37, 111 Torrent v. Birley ... ... 46 Tuckniss v. Alexander ... ... ... ... 333 Urquhart, Ex parte, In re Burial Board of Liverpool 90 Vaughan v. South Metropolitan Cemetery Company Viner v. Tonbridge Walter r. Montague Waring v. Griffiths Watford Burial Board, Ex parte Whitaker v. Derby Urban Sanitary Authority. White's Case White v. Norwood Burial Board White v. Steele Williams r. Williams Womersley v. Church Woolwich Churchwardens r. Robertson Wright v. Wallasey Local Board 115, 258 57, 91, 167 .. 22 20, 36, 87 106 204 46 191 357 2 249 269 164 THE LAW OF BURIAL. There is no property in a dead body;(a) but after Right to ir i j j *\. s possession the death of any person, such person s executors have of dead a right to the custody and possession of the body until it is properly buried ; and it is the duty of executors to bury the body of the deceased in a manner suitable to the estate he leaves behind him.(/>) Hence a creditor is not entitled to retain the dead body of his debtor as security for his debt ; nor could a gaoler of a prison in which a person died while lying in execution for debt law- fully detain the dead body on account of pecuniary claims, (c) Nor can any person by will or other instrument Disposition legally dispose of his body after death, feo where a wia testator by his will requested a friend to burn his body, and directed his executors to repay her the expense of so doing, but the body was, with the assent of the executors, who paid the funeral ex- penses, buried by the testator's widow in uncon- secrated ground, and the friend afterwards applied («) Reg. v. Shame, Dea. & Bell, 160; 26 L. J. M. C. 47; 3 Jur. (n.s.) 192; 7 Cox, 214. (b) 2 Bl. Com. 508. (c) Reg. v. Fox, 2 Q. B. 246; 1 G. & D. 566; Reg. v. Scott, 2 Q. B. 248 n. B The Law of Burial. Funeral Ex- penses. Anatomical bequests. Funeral expenses. Executor's liability. Husband. to the Home Secretary for his license to remove the body, on the pretence that she intended to bury it in consecrated ground, and then burned it and brought an action against the executors for the expenses, she was held not to be entitled to recover, on the ground that the right to bury a dead body is vested by law in the deceased's executors, and that directions in his will disposing of his body have no legal force, (a) In the interests of science, however, it is provided by statute that any person may either in writing at any time during his life, or verbally in the presence of two witnesses during the illness of which he died, direct that his body after death be examined anatomi- cally, (/>) and also in the same manner forbid such examination. (c) As the law casts upon an executor the duty of burying the body of the deceased, an undertaker who performs a funeral may recover from such executor (having assets) the reasonable and necessary expenses of such funeral without any specific contract, (d) unless he has given credit to some other person, in which case the executor is not to be liable to the undertaker, (V) but is liable to repay the person who employed the undertaker.(/) A husband is liable for the necessary expenses of the decent interment of his wife, whether he has left her temporarily and gone abroad,(^) or has (a) Williams \. WilUcms, 20 VU. 1). 659; 51 L. J. Ch. 385; 46 L. T. 275; 30 W. R. 438; 46 J. P. 726. (6) 2 & 3 Will. 4, c. 75, s. 8. (c) Id. s. 7. (d) Ambrose v. Kerrison, 10 C. B. 776; 20 L. J. C. P. 135. (e) Brice v. Wilson, cited in Green v. Salmon, 8 A. & E. 348. (/) Rogers v. Price, 3 Y. & J. 28. (o) Jenkins v. Tucker, 1 H. Bl. 91. The Law of Burial. 3 separated from her altogether, (A) and although she Funeral be buried without Ins knowledge or request ; and it penses. makes no difference to the husband's liability whether the person who buries the wife is an undertaker or any other person. (i) An infant widow, whose husband dies without '".f; 1 " 1 ' widow. leaving any assets, is liable upon a contract for her deceased husband's funeral expenses ; but it would jkfont seem a child or more distant relation, being an infant, is not liable upon a contract for the burial of a parent or a relation. (£) A parent is bound to provide Christian burial for Parent, the body of a deceased child, if he have the means; but if he has not the means, though the body remains unburied, and becomes a nuisance to the neighbour- hood, he is not indictable for the nuisance, notwith- standing he could have obtained money for the burial expenses by way of loan from the poor law authorities of the parish, for he is not bound to incur a debt.(Z) Overseers are not bound either at common law or Overseers. by 43 Eliz. c. 2, to bury a pauper settled in their parish who dies in the parish, but not in any parish house, although they must provide for the interment of any person dying in a parish or union house.(m) And by 7 & 8 Vict. c. 101, s. 31, the guardians or overseers of a parish or union are now empowered to bury the body of any poor person dying within the parish or union at the expense of the parish or union to which such person may liave been chargeable. (h) Ambrose v. Kerrison, 10 C. B. 776; 20 L. J. C. P. 135. (i) Bradshaw v. Beard, 12 C. B. (x.s.) 344; 6 L. T. 458 (k) Chappie v. Cooper, 13 M. & W. 252; 13 L. J. Ex. 286. (I) Beg. v. Vann, 2 Den. 0. C. 325; 21 L. J. M. C. 3!); 15 Jur. 1090. (to) Bey. v. Stewart, 12 A. & E. 773; 4 P. & D. 349. B 2 The Law of Burial. Funeral Ex- penses. House* holder. Seamen. Burial of ship- wrecked and drowned person-. Every householder in whose house the dead body of a poor person lies is (if no other person under- takes the duty) bound by common law to inter the body decently, unless any ecclesiastical prohibition attaches to the burial of such person.(a) By section 128 of the Merchant Shipping Act, 1854 (17 & 18 Vict. c. 104), if any master, seaman, or apprentice receives injury in the service of the ship to which he belongs, and dies therefrom, the expense (if any) of his burial shall be defrayed by the owner of such ship, without any deduction on that account from the wages of such master, seaman, or apprentice. In other cases, the reasonable expenses incurred by the owner in respect of the burial of any seaman or appentice, who dies whilst on service shall, if duly proved, be deducted from the wages of such seaman or apprentice. By 48 Geo. 3, c. 75, it is provided that dead bodies cast on shore from the sea remaining unclaimed must be removed by the churchwardens and overseers of the parish where such bodies are found, and decently interred in the churchyard of such parish. If the place where such bodies are cast up is extra-parochial, the duty is to be performed by the constable or headborough of such place (s. 1). And any church- warden, overseer, constable, or headborough neglect- ing such duty is liable to a penalty of 51. (s. 7). The expenses incurred in the performance of such duty are payable in the first place by such churchwardens, &c. (s. 5), and must be repaid to them by the treasurer of the county (s. 6); but this provision is not to interfere with the right of lords of manors to pay the usual fee, if they are so disposed, as evidence of (a) Reg. v. Stewart, 12 A. & E. 773; 4 P. & D. 349. The Law of Burial. & their right to wreckage, in which case such fee is Removal to go towards repaying the expenses of the church- — wardens, &c. (s. 13). As this Act only provided for the case of dead bodies cast up by the sea, and cases occurred of bodies coming to land from estuaries and rivers, its provisions were extended by 49 Vict. c. 20 49Vict.c.2o. to all bodies found in, or cast on shore from, any tidal or navigable waters, and to all bodies found floating or sunken in any such waters and brought to shore. As there is no property in a corpse, it cannot be ™f^ al the subject of larceny ;(&) but it is a misdemeanor of bodies - to disinter a dead body without lawful authority, whether for the purpose of dissection or sale, or other indignity, (c) or even for a pious and laudable purpose, (d) If it is required merely to remove a body from one Faculty for • i i» ix removal. consecrated place of burial to another, a faculty may in proper cases be obtained for that purpose ; but the removal of bones from a churchyard without a faculty is illegal, and the person offending will be compelled to replace them, (e) And where a faculty was obtained on a representation that it was desired to remove only a few remains, and under cover thereof a great quantity was removed, the faculty was revoked, and the remains ordered to be decently reinterred in their original position. (/) By the common law a coroner may order a body c?™° er ' 3 to be disinterred within a reasonable time after the death of the person, either for the purpose of taking (6) B. v. Haynes, 2 East P. C. 652. (c) B. v. Lynn, 2 T. R 733; Foster v. Dodd, 8 B. & S. 854. (d) B. v. Stwrpe, Dea. & B. 160; 26 L. J. M. C. 47; 7 Cox, 214; 3 Jur. (n.s.) 192. (e) Adlam v. Coulthurst, L. R 2 A. & E. 30; 31 J. P. 820 ; 36 L. J. Eccl. 14. (/) St. Pancras v. St. Martin-in-the-Fields, 6 Jur. (n.s.) 540. c The Law of Burial. License of Secretary of State. Removal an original inquisition where none has been taken, or a further inquisition where the first was insufficient.(a) Unless such a faculty authorizing the removal of a body from one consecrated place to another has been obtained, or unless in obedience to a coroner's order, no person may disinter or remove any body or the remains of any body without the license of a Secre- tary of State, under a penalty on summary conviction not exceeding 10/. (/>). A corpse can possess no property, and the shroud remains the property of him in whom it was when wrapped round the dead body : and it should be so described in an indictment for stealing the shroud after burial. (V) Stealing shrouds. &c Cremation. Right to Christian burial. Riyld to Christian Burial. The usual method of disposing of the remains of the dead in this country has from ancient times been by burial. (d) and it is the only method contemplated by the law. ecclesiastical or civil. But the burning of a dead body is not unlawful, unless the process is conducted in such a manner as to amount to a nuisance at common law,(e) or is resorted to for the purpose of preventing the coroner from holding an inquest. (/) Apart from the question of the legality of crema- tion, every person dying in this country, and not (a) Staund. P. 0. 51; Hale, Sum. 170; 2 Hawk. P. C. c. 9, 8. 23. (I) 20 & 21 Vict. c. 81, s. 25. (c) Hcuynetfs Case, 12 Co. Rep. 113. (d) Gilbert v. Buzzard, 2 Hag. Con. Rep. 333; 3 Phil. Rep. 335. (e) Reg. v. Price, 12 Q. B . D. 247 ; 53 L. J. M. C. 51 ; 33 W. R. 45; 15 Cox C. C. 389. (/) Reg. v. Stqyhenson, 13 Q. B. D. 331; 53 L. J. M. C. 176; 33 U r . R 44. Tlie Law of Burial. 7 within certain exclusions laid down by the eccle- Right to It nT*1flilfl.Y1 siastical law, has a right to Christian burial, (g) by Burial. which was generally meant, at least before 1880, burial in consecrated ground according to the rites of the Church of England. In the Church of England these exclusions are stated in the rubric of the Burial Service : " Here it is to be noted that the office ensuing is not to be used for any that die unbaptized or excommunicate, or have laid violent hands upon themselves." In addition to the three classes of persons mentioned in the rubric, there were formerly others to whom Christian burial was denied ; par- ticularly to heretics, to persons not receiving the holy sacrament at least at Easter, and to persons killed in duels, tilts, or tournaments. (A) The 08th canon (1603) directs that " No minister estn canon. shall refuse or delay to christen any child, according to the form of the Book of Common Prayer, that is brought to the church to him upon Sundays or holy days to be christened, or to bury any corpse that is brought to the church or churchyard, convenient warning being; given him thereof before, in such manner and form as is prescribed in the said Book of Common Prayer. And if he shall refuse to christen the one, or bury the other (except the party deceased were denounced excommunicated majori excommuni- catione for some grievous and notorious crime, and no man able to testify of his repentance), he shall be suspended by the bishop of the diocese from his ministry by the space of three months." The reasons for exclusion laid down in the canon Refusal to bury. and rubric must be fully proved to justify a clergyman in refusing to bury the body of any person. Thus, (g) Beg. v. Stewart, 12 A. & E. 773; 4 P. & D. 349. (70 Gibs. 450. 8 The Law of Burial. Right to where a clergyman refused to bury the body of a Burial, parishioner on a coroner's order for burial, the jury having returned a verdict of found drowned, assigning as his reason that such person had died in a state of intoxication, or was felo de se, it was held that the mere opinion of the clergyman did not justify his refusal, and that he must be suspended for three months. (a) And if any temporal inconvenience arise, as a nuisance from the neglect of interment of the dead body, the minister is punishable also by the temporal courts, by indictment or information. (7>) The warning required by the canon must be given to the minister before the corpse is brought to the church. A warning that the corpse has been brought is insufficient, and a minister refusing to bury a corpse after warning only that the corpse had been so brought, is not liable to penalties. (c) And after a suit against a minister in the Ecclesiastical Court for refusing to bury the corpse of one of his parish- ioners had been dismissed on the ground that con- venient warning had not been given, the Court of Queen's Bench refused an application for a man- damus, though the minister had stated generally that he never would bury the body ; but the court allowed the applicant to make a fresh demand. (d) By the interpretation placed upon this canon and the rubric, a clergyman of the Church of England is bound to read the burial service in the manner and form prescribed by the Book of Common Prayer over the corpse of any person who has been baptized with Bajiti/.i'il persons. (a) Cooper v. Dodd, 2 Rob. Ecc. Rep. 270 ; 14 Jur. 724. (b) Taylor's Case, Hil. 7 Geo. 1 B. R., cited in Andrews v. Cawtlwrne, Willes, p. 538 n. (c) Titchmarsh v. Clmpman, 8 Jur. 1077. (d) Ex parte Titchmarsh, 9 Jur. 159. The Laiv of Burial. 9 water and in the name of the Holy Trinity, if Right to Christian required to do so, though such baptism was performed Burial. by a layman. And a clergyman refusing to perform — the office of interment after due notice of the death of a parishioner so baptized was punished by sus- pension.^) If an offence against this canon be proved against a clerk, the court has no discretion in inflicting the penalty, but must suspend the clerk for three months. (V) By this canon it would seem that burial is to be refused to those who are not Christians at all, but not to those who are baptized according to the forms of any particular church. (/) The office of burial is not to be refused to noncon- Noncon- forming members of the Church of England. Papists were (till 1846) not only permitted, but Papists, required to be buried by the Church, or a penalty was incurred by their representatives.^) And such burial was to be performed, not by putting the body into the ground without ceremony, but the minister was to read the service — " our Church," says Sir John Nicholl, " knowing no such indecency as putting the body into the consecrated ground without the service being at the same time performed."(/) By the law as it stood before 1880 no person, unless service to bo i • i «i n t i • i performed duly authorized, was permitted to perform the burial by minister service of the Church of England in consecrated of England. ground, (Ji) and no minister of the Church of England was permitted to perform the service in unconsecra ted (e) Escott v. Mastin, 4 Moore P. C. C. 104 ; 6 Jur. 765 ; 2 Curt. 692. (/) Kemp v. Wickes, 3 Phil. Rep., pp. 273, 292. (g) 3 Jac. 1, c. 5, s. 15, repealed by 7 & 8 Vict. c. 102, (h) Johnson v. Friend, 6 Jur. (n.s.) 280. b3 10 The Laic of Burial. Right to ground. And if a dead body was buried in conse- Christian Burial. cr;l ted ground, it was necessary that the burial service of the Church of England alone should be performed over it. (a) Amendment But now. by the Burial Laws Amendment Act, Acr : i880. 1880, in England, any relative, friend, or legal repre- sentative having the charge of, or being responsible for the burial of a deceased person, may give forty- eight hours' notice to the rector, vicar, incumbent, or other officiating minister in charge of any parish, district, or place, that it is intended that such deceased person shall be buried in the churchyard or graveyard of such parish without the performance of the burial service according to the rites of the Church of England, and the burial shall so take place accordingly. If the burial is desired to take place in a burial ground or cemetery vested in a burial board served by a chaplain, such notice must be addressed to the chaplain, but given to or left at the office of the clerk of the burial board. And proprietors of private ceme- teries are authorized to make arrangements for such burials. (b) Such notice must state the time of burial, but, unless otherwise mutually arranged, it must be between 1<> a.m. and 6 p.m. in the summer, and 10 a.m. and 3 p.m. in the winter, on some day other than Sunday, Christmas Day, or Good Friday. (V) Such burial may take place, at the option of the person giving the notice, cither without any religious service, or with some orderly religious service, under which term is included every religious service used by any church, denomination, or person professing to be (a) Kemp v. Wickes, 3 Phil. Rep. 273. (b) 43 & 44 Vict. c. 41, SB. 1, 4. (c) 43 & 44 Vict. c. 41, s. 3. The Law of Burial. 1 1 Christian. (W) It must be conducted in a decent and gSMs^ orderly manner, and any person guilty of riotous or Burial, indecent behaviour, or obstructing such burial or service, or delivering an unauthorized address, not being part of such religious service, or wilfully endeavouring thereat to bring into contempt and obloquy the Christian religion, or the belief and worship of any church or denomination of Christians, or the members or any minister thereof, or any other person, is guilty of a misdemeanor. (e) No clergyman of the Church of England is to be subject to any penalties for performing the burial service in unconsecrated ground, and every person having charge of the burial of a deceased person who had a right of interment in a burial ground or cemetery vested in a burial board under the Burial Acts, is entitled to have the burial service performed in the unconsecrated part thereof by any such clergy- man who is willing to perform it.(/) And if any service, other than that of the Church of England, is performed by a clergyman of the Church of England, he may use such service, consisting of prayers taken from the Book of Common Prayer and portions of Holy Scripture, as may be prescribed or approved by the ordinary. (g) In addition to the ecclesiastical exclusion from Fcl ° (le ■*• Christian burial of persons who have laid violent hands upon themselves, the civil law has made special provisions with regard to persons against whom a verdict of felo de se may be had. Formerly, the bodies of such persons were directed by the coroner to be buried in some public highway and a stake (d) 43 & 44 Vict. c. 41, s. 6. (e) Id. s. 7. (/) Id, s. 12. {'J) Id.s. 13. 12 The Law of Burial. Right to driven through them. This usage was put an end to C Buriaf n ky 4 Geo. 4, c. 52, which directed that such persons — should be privately interred in the usual churchyard or burial place, but between the hours of nine and twelve at night, and without the rites of Christian burial. This Act is repealed by 45 & 46 Vict. c. 19, which provides that the coroner shall direct that the remains of any person felo de se be interred in the usual churchyard or burial place, and that the inter- ment of such person may be made in any of the ways prescribed or authorized by the Burial Laws Amend- ment Act, 1880, but does not further authorize the performing of any of the rites of Christian burial on the interment of any such person. Thus, any form of orderly religious service may now be used at the interment of a person felo de se, except that of the Church of England by a minister of the Church of England. Murderers. ^he bodies of murderers were at one time denied burial altogether. By 25 Geo. 2, c. 37, it was directed that after execution the body of a murderer should be delivered to Surgeons Hall, or, if the execution took place out of Middlesex, to some surgeon to be named by the judge at the trial, to be dissected and anatomized; or the judge might order the body to be hung in chains. In no case was the body to be buried unless previously dissected and anatomized. The 9 Geo. 4, c. 31, which repealed this Act, also provided that the body of every murderer should, after execu- tion, either be dissected or hung in chains. Dissec- tion was abolished by 2 & 3 Will. 4, c. 75, s. 16, which directed the body either to be hung in chains or buried within the precincts of the prison, as the court might order ; and finally, hanging in chains was abolished by 4 & 5 Will. 4, c. 26, and the body The Law of Burial. 1 3 was directed in all cases to be buried within the Place of precincts of the prison. This last statute was repealed — by the Statute Law Revision Act, 1874, its place having been taken by 24 & 25 Vict. c. 100, s. 3, which directs that the body of every person executed for murder shall be buried within the precincts of the prison in which he shall have been last confined after conviction. This Act is, however, modified by 31 Vict. c. 24, s. 6, which provides that the body of every offender executed shall be buried within the walls of the prison within which judgment of death is executed on him ; provided that if there is no convenient space within the walls for such burial, the Secretary of State may, by writing, appoint some other place for that purpose. Place of Burial. Every parishioner and inhabitant of a parish has chm-cii- a common law right to be buried in his parish churchyard or burial ground. (a) It is also stated that by the custom of England every person may be buried in the churchyard of the parish where he dies.(7>) But the practice of burying in churches seems to Churches, have prevailed before the existence of churchyards. The rapid crowding of the churches, however, with the dead bodies of all worshippers made it necessary to place a restriction upon the number of burials within the walls of the edifice, and the honour of interment within the sacred building was reserved to persons of great sanctity or considerable wealth. (a) Reg. v. Coleridge, 2 B. & Aid. 806; 1 Chit. 588. \b) Degge, Pt. i. chap. 12. 14 The Lav of Burial. Place of In an ancient capitulary, of uncertain date and "Rnviol — ' author, it is stated, — " It was of ancient use in these parts to bury the dead in the churches, and often times places dedicated to divine worship, and ordained for the offering of sacrifices to God, have been turned into cemeteries or charnel-houses (polyandria) by the tombs of the dead. Therefore it is our will that this thing cease, and that none be buried within the church, unless, indeed, it be the body of a priest, or of some righteous man who, by the blamelessness of his life, shall have earned such haven for his dead body."(a) On which capitulary Abney J. re- marks^) — " And as the parish priest was the sole judge of the merits of the dead and the fitness of burial in the church, and he would only determine who was a faithful layman, they only were judged faithful whose executor came up to the price of the priest, and they only were allowed burial in the church, and the poorer sort were buried in the churchyard." With which agrees Coke's 2 Inst., 489. Lord Stowell says: "In our own country the practice of burying in churches is said to be anterior to that of burying in what are now called churchyards, but was reserved for persons of pre- eminent sanctity of life ; men of less memorable merit were buried in enclosed places not connected with the sacred edifices themselves. But a consti- tution, imported from Koine in a.d. 750 by an Archbishop Cuthbert, took place at that time, and churches were surrounded by churchyards, appro- priated entirely to the burial of those who had in their lives continued to attend divine service in those (a) Spel. Cone. 590, n. 9. Capit. incert. Auct. loc. et temp, ad. eccl. regimen Congests. (//) Andri ws v. CavAhorne, Willes, 536. The Law of Burial. 15 churches, and who now became entitled to render Place of back into those places their remains into the earth, the common mother of mankind, without payment of the ground which they were to occupy, or for the pious offices which solemnized the acts of inter- ment."^) The origin of churchyards is thus described by Gibson: "Anciently the burying, not only in temples and churches, but even in cities, was expressly pro- hibited. Such was the law of the Twelve Tables : Hominem mortuum intra urbem ne Sepelito; and that of the Christian emperors : Nemo apostolorum rel martyrum sedem (i.e., ecclesiam) humanis corporibus existimet esse concessam.(d) And the same practice is said to have continued in the Christian Church till the time of Gregory the Great, and in England yet longer, till the time of Cuthbert, Archbishop of Can- terbury, by the first of which the following reason was given why it was more profitable to be buried within the precincts of a church than at a distance —viz., that the relatives of the dead, so often as they came to those sacred places, may remember the dead whose graves they behold, and offer prayers for them unto God,(V) which reason was afterwards transferred into the body of the canon law ; and this superstition of praying for the dead seems to have been the true original of churchyards, as encompassing or adjoining to the church, which, being laid out and enclosed for the common burial places of the respective parishes. every parishioner hath, and always had, a right to be buried in them."(/) (c) Gilbert v. Buzzard, 3 Phil. Rep. 349 ; 2 Hag. Con. Rep. 343. ((?) Cod. 1. i. t. 2, c. 2. (e) Cam. 13, q. % c. 17. (/) Gibs., 453. 16 The Law of Burial. Place of Burial. Property in church- yard. The freehold of the churchyard is in the incumbent, but the soil belongs to the parishioners for burial therein. And the management of the churchyard is vested, on behalf of the parishioners, in the church- wardens conjointly with the incumbent. And though the right of a parishioner to be buried in the church- yard is absolute, and independent of the sanction of the incumbent, (a) the minister and churchwardens have a discretion in what part of the churchyard he shall be buried ; and the minister cannot be compelled to bury the corpse in a vault or in any particular part of the churchyard. (b) And an alleged custom for the inhabitants of a parish to bury as near as possible to their ancestors is bad.(c) The rector cannot lawfully grant away any part of the church or churchyard for the purpose of a vault for an individual or a family. " The rector," says Bayley J.,(d) " has the freehold of the church for public purposes, not for his own emolument, to supply places for burial from time to time as the necessities of the parish require, and not to grant away vaults, which, as it seems to me, cannot be done unless a faculty has been obtained." Nor has any parishioner an absolute right to have any portion of the churchyard set apart for his exclusive use. " The legal doctrine certainly is that the common cemetery is not res unias cctatis the exclusive property of one generation now departed, but is likewise the common property of the living and of generations yet unborn, and subject only to temporary appropriation. There exists a right of succession in the whole, a right (a) Maidman v. Malpas, 1 Hagg. Cons. Rep. 205. (b) Ex parte Blachnore, 1 B. & Ad. 122. (c) Fryer v. Johnson, 2 Wils. 28. (d) Bryan v. JVliistler, 8 B. & C. p. 293; 2 M. & R. 318. The Laiv of Burial. 17 which can only be lawfully obstructed in a portion Place of of it by public authority, that of the ecclesiastical — ' magistrate, who gives occasionally an exclusive title in a part of the public cemetery to the succession of a single family, or to an individual who has a claim to such a distinction, but he does not do that without just consideration of its expediency, and a due atten- tion to the objections of those who oppose such an alienation from the common use. Even a brick grave without such authority is an aggression upon the common freehold interest, and carries the pre- tension of the dead to an extent that violates the just rights of the living."(e) So it was held that the churchwardens of a London parish were justified in refusing to allow a corpse to be buried in the church- yard in a patent iron coffin, except on payment of special fees to the churchwardens, on the ground that, owing to the apparent indestructibility of the material of the coffin, the ground would be thereby occupied for a longer time than was consonant with the rights of other and future parishioners, (e) Where a faculty is sought to be had for erecting a vault in a church- yard, the court will scruple to decree it, without being satisfied that the proposed erection is not likely to be generally prejudicial to the parish, even though its issue be unopposed, either on the part of the parish, or of any particular parishioner. (/ ) Non-parishioners cannot be buried in the church- strangers. yard without the consent both of the incumbent and churchwardens, and it has even been doubted whether it is competent to the churchwardens to give such consent. But they certainly may if there is a (e) Gilbert v. Buzzard, 3 Phil. Rep. 357 ; 2 Hagg. Cons. Cas. 353. (/) Booker v. Vicar of Northfieet, 3 Add. 14. 18 The Laic of Burial. Place of custom to that effect. Lord Stowell says, "The Burial — ' churchwardens have been blamed in the argument © for allowing strangers to be buried there. This is © © a permission, undoubtedly, which should be sparingly grunted, since there can be no absolute claim of that kind ; but I think there is enough shown to prove that the churchwardens in this parish are authorized to give such leave, since there is a table of fees pro- duced in which there is one for the burial of strangers. © The fees are paid both to the vicar and to the parish, — to the vicar of common right, and to the parish as established by custom. "(a) And Gibbs C. J. puts the right still more clearly: — "The counsel for the defendant (the vicar) has been thundering anathemas against the churchwardens who, even with the assent of the vicar, shall permit the bodies of strangers to be deposited in their churchyard. If it could be shown that other parishioners sustained actual incon- venience it might be different, but if there be not that circumstance the churchwardens have the discre- tion lodged with them to judge of the probability of it, and if out-parishioners choose to be buried there, or their executors choose that they shall be, and to pay for it, no law, moral or ecclesiastical, human or divine, prevents them from so doing ; and if they had ; i greed so to do, I am further of opinion that an action might be maintained on that agreement. "(A) But notwithstanding the general right of the church- © © © wardens and minister to allow the burial of strangers to take place in the parish churchyard, the Ecclesi- astical Court will protect the parishioners from such right being abused by the indiscriminate admission (a) Bardin v. Calcott, 1 Hagg. Cons. Rep. 17. (h) Littlewood v. Williams, 6 Taunt, p. 282 ; 1 Marsh. 589. The Law of Burial. 19 of* non-parishioners. Thus in Burn's " Ecclesiastical Place of Law," vol. i. p. 258, it is stated that the Church- wardens of Harroio-on-the-Hill, upon a process against them for suffering strangers to be buried in their churchyard, were admonished by the ecclesiastical judge not to suffer the same for the future. But while the inhabitants of a parish have a common chancci. law right to be buried in the parish of which they are inhabitants, provided there is a burial ground available therein, they have no common law right to be buried within the chancel, and probably not within the church ; and a faculty for a vault within the building, and certainly within the chancel, always confers on the grantee a right which he did not before possess. (c) It has been stated that no person may be buried in the church without leave of the incumbent, and of the incumbent only. " Neither the ordinary himself nor the churchwardens can grant licence of burying to any within the church, but the parson only, because the soil and freehold of the church is only in the parson and in none other. "( f And another reason given is that this " right of giving leave will appear to belong to the parson, not as having the freehold (at least, not in that respect alone), but in his general capacity of incumbent, and as the person whom the ecclesiastical laws appointed the judge of the fitness or unfitness of this or that person to have the favour of being buried in the church." (e) But it has been distinctly laid down in a modern decision that the grant of a faculty for .the appropriation of a vault in (c) Rugg v. Kingsmill, L. R. 1 A. & E. p. 345. (r/) Francis v. Ley, Cro. Jac. 365 ; Daij v. Beddingjield, Noy, 104. (e) Gibs. 453. 20 The Law of Burial. Lay rector. Place of a church or chapel is entirely within the discretion — ' of the ordinary. The ecclesiastical law requires, before such faculty is decreed, that all persons in- terested in opposing the grant should be heard before the ordinary; but a faculty for the erection of monu- mental tablets, or for the construction of vaults in the chancel, may be legally granted without the consent of the vicar or perpetual curate ; though he has a persona standi, by reason of his position as incumbent, to oppose the grant of such a faculty. (a) A lay rector, though the freehold of the chancel be in him, is not entitled as of right to make a vault or affix tablets in the chancel without leave of the ordi- nary; nor is he entitled to a faculty for such purposes without laying before the ordinary such particulars as will afford the vicar and the parishioners an oppor- tunity of judging of it, and satisfy the ordinary that such vaults or tablets will not interrupt the parishioners in the use and enjoyment of the chancel ; nor has the vicar an absolute veto, though he may show cause against the grant of a faculty. (/>) The right of burial in a chancel may be prescribed for as belonging to a messuage. (c) " And upon the foundation of freehold the common law has one exception to the necessity of the leave of the parson, namely, where a burying-place within the church is prescribed for as belonging to a manor house, the freehold of which, they say, is in the owner of that house, and that by consequence he has a good action at law if he is hindered to bury there." (d) Prescriptive rights. (a) liucjg v. Kiwjsmill, L. R. 2 P. C. 59 ; 37 L. J. Eccl. 13 ; 18 L. T. 94; 5 Moore P. C. (n.s.) 79. (b) Richv. Bushnell, 4 Hagg. Eccl. Cas. 164. (c) Waring v. Griffiths, 1 Burr. 441 ; 2 Ken. 183 ; Harvey's Case, cited in Dawney v. Dee, Cro. Jac. 606. (d) Gibs. 453. The Laiv of Burial. 21 As the churchyard is free to the parishioners, the Place of parishioners are bound of common right to repair the — fences thereof. Coke, in his commentary on the Stat. £S' & c . de Circumspecte agatis,(» 13 Edw. 1, says: " The %$" rch ' : parishioners ought to repair the inclosure of the churchyard, because the bodies of the more common sort are buried there, and for the preservation of the burials of those that were, or should have been while they lived, the temples of the Holy Ghost ; and ccemeterhim is derived of the Greek verb Koijuaw, that is, dormio, and therefore, Ccemeterhim est quasi dormitorium, quia mortui dormire dicuntur usque ad resurrectionem. And also, if the churchyard be not decently inclosed the church, which is domus Dei, cannot decently be kept, and therefore this the parish- ioners ought to do per consuetudinem notoriam et approbatam, and the conusans thereof is allowed by this Act. In the same manner the parishioners ought by this Act to repair the church, for that it is the place where divine service is celebrated and the bodies of the parishioners of the best quality are buried." And by a constitution of Archbishop Winchelsey, the parishioners shall repair the fence of the churchyard at their own cost ;(/) though by immemorial custom an adjoining owner may be bound to repair, and may be sued at common law by the churchwardens for neglect, or indicted. {g) By the 85th canon (1603), " The churchwardens or questmen shall take care that the churchyards be well and sufficiently repaired, fenced, and maintained with walls, rails, or pales, as hath been in each place accustomed, at their charges, unto whom by law the (e) 2 Inst. 489. (/) Lindw. 253. (ue unborn, lunatics, idiots, femes covert, or other person or persons, and femes covert, seised or possessed in their own right, are empowered to sell and convey any lands and enfranchise any copyhold lands for the purpose of such sites (s. 36). Convey- ances by lords of manors of lands taken from com- mons to be sufficient (s. 38). The commissioners are empowered tore-sell any lands purchased which are not wanted (s. 51); and may advance money to parishes fur the purchase of any such site or sites (s. 54). Other borrowing powers are given to the church- wardens of a parish for the same purpose (ss. 58, 59). By 59 Geo. 3, c. 134, s. 37, all the powers of^Goo-3. granting lands for the purpose of building additional chapels or churches, and all borrowing powers con- tained in 58 Geo. 3, c. 45, are extended to the purposes of enlarging any churchyard or burial ground, or of making any new burial ground, and to C 26 The haw of Burial. Place of borrowing moneys for the same. Section 38 enacts ' that every piece of land so added to any existing churchyard or burial ground, or set apart for a new burial ground, shall be consecrated, and the freehold thereof vest in the person or persons in whom was the freehold of the ancient churchyard. By sect. 39, the commissioners are empowered to repair, alter, pull down and re-build the walls and fences of any churchyard or burial ground, and to fence in any new burial ground; and, with the consent of the justices, to stop up or vary any entrance to or path through any churchyard or burial ground. re^'ae.* % 3 Geo - 4 > c - 72 > s - 26 > Parishes may, with the consent of the commissioners, buy land for a church- yard or burial ground, or for an addition to a church- yard or burial ground, and raise money for that purpose. And any such land, though situate outside the parish, shall be deemed part of the parish. c 7o\ V 'i C 4' By 8 & 9 Vict. c. 70, s. 14, any land obtained as a burial ground for any parish under 59 Geo. 3, c. 134, may be declared by the commissioners part of such parish for that purpose, though not within the bounds of such parish. 30 &3i vict. By the 30 & 31 Vict. c. 133, all the powers which arc given by 4 & 5 Vict. c. 38, and 12 & 13 Vict, c. 49, enabling persons seised in fee simple, fee tail, or for life in any manor, or lands of freehold, copy- hold, or customary tenure, to convey any quantity of land not exceeding one acre as a site for a school, are extended to enable such person to convey a similar quantity of land for the purpose of enlarging churchyards or burial places. And the same statute, 3i&32Vicr. as amended by 31 & 32 Vict. c. 47, enables such grantor to reserve the exclusive right in perpetuity of burial in one-sixth of the land so granted. It is The Law of Burial, 27 also made applicable to the burial grounds of union Place of , 1F 6 Burial, nouses. — By the 36 & 37 Vict, c. 50, a tenant in fee or in £ 6 * 37Vlct - tail may, and a tenant for life or lives with the con- currence of the remainderman may, grant a site not exceeding one acre for the purpose, inter alia, of a burial place. A person equitably entitled only may convey without the concurrence of trustees; a wife may convey without acknowledgment of the deed; and a guardian of an infant or lunatic may convey. By the 45 & 46 Vict. c. 21, the authority conferred «£* x " by 36 & 37 Vict. c. 50, is extended, subject to certain restrictions, to all corporations, lay or ecclesiastical, and to all officers, justices of the peace, trustees or commissioners holding land for public, ecclesiastical, parochial, charitable or other purposes. And pro- vision is also made for the conveyance by a tenant for life or lives where the person next entitled in remainder is unborn or unascertained. By 30 & 31 Vict. c. 133, a bishop may consecrate S 01186 ^ anv land added to an existing churchyard without the djttanai j ° J cimrch- presence of his chancellor. > iUlls - By 30 & 31 Vict. c. 135, the two archbishops, Fees &>r- their vicars-general, and the lord chancellor, with the tio " consent of the lords of the treasury, were empowered to settle a table of fees to be paid to the chancellor, vicars-general, registrars, secretaries and other officers on (inter alia) the consecration of churches and church- yards and the granting of faculties in churches and churchyards. A table of fees fixed according to the statute was published in the London Gazette, of 19th March, 1869 (post). By 5 & 6 Ed. 6, c. 4, as amended by 23 & 24 Vict, bawling m c. 32, any clerk brawling in a churchyard may be >' a1 ' 1 M - suspended from his ministration for such time as the C 2 28 The Laic of Burial. Place of ordinary may think fit, and any clerk committing U — ' an assault therein is to be deemed ipso facto excom- municate. By 27 Geo. 3, c. 44, s. 2, no suit can be commenced in an ecclesiastical court for striking or brawling in a churchyard after eight months from the time when such offence was committed. By 23 & 24 Vict. c. 32, the jurisdiction of ecclesiastical courts in suits for defamation and brawling is abolished as against persons not in holy orders (s. 1). Any persons guilty of riotous, -violent, or indecent behaviour in a churchyard or burial ground, or who shall molest, let, disturb, vex, or trouble any minister celebrating any divine service, rite, or office in a churchyard or burial ground, may, on summary con- viction, be fined 51., or imprisoned for two months (s. 2) . An appeal lies from the decision of the jus- tices on a conviction to the quarter sessions (s. 4) . Cemeteries. Proprietary Cemeteries may be provided by companies or io k a vict private owners under special Acts of Parliament. Such special Acts may incorporate the Cemeteries Clauses Act, 1847; and if that Act is incorporated therewith, then all such of its clauses as are not expressly varied or excepted by the special Act, apply to the cemetery by the special Act authorized. Establish- By the Public Health (Interments) Act, 187i), it cemeteries is provided that any local authority may acquire, authorities, construct, and maintain a cemetery ; and for that c si. ' purpose all the provisions of the Public Health Act, 1875, as to a place to be provided by the local authority for the reception of the dead before inter- ment, therein called a mortuary, shall extend to such cemetery. The cemetery may be either within or The Law of Burial, 29 without the district of the local authority (s. 2 ) : Mode of • Burial and the local authority may accept a donation of — land for the purpose of a cemetery, or of money or other property for enabling them to acquire, con- struct, or maintain a cemetery (s. 3). Such ceme- tery is subject to all the provisions of the Cemeteries ( llauses Act, 1847 (s. 4). Mode of Burial. A dead body must be carried to the grave decently Coffins. covered, (a) but it is not necessary that it should be buried in a coffin, though such may be the general practice. " That a body," says Lord Stowell,^) u should be carried in a state of naked exposure would be a real offence to the living, as well as an apparent indignity to the dead. Some coverings have been deemed necessary in all civilized and Christian countries; but chests containing the bodies and descending into the grave along with them, and there remaining in decay, do not plead the same degree of necessity, nor the same universal use. In our country the use of coffins is extremely ancient. They are found of great apparent antiquity, of wood, of stone, of metals, of marble, and even of glass. A statute(c) has required that the funeral vestment shall be made of wool ; and coffins must, by the same statute, be buried with wool, but the use of it is not enjoined. I observe that in the funeral service of the Church of England there is no mention (and indeed, as I should (a) Reg. v. Stewart, 12 A. & E. 773; 4 P. & D. 349. (b) Gilbert v. Buzzard, 3 Phil. Rep. p. 350 ; 2 Hagg. Cons. Rep. 333. (c) 30 Car. 2, c. 3; and 32 Car. 2, c. 1, now repealed by 54 Geo. 3, c. 108. 30 Tlie Law of Burial. Mode of rather collect, a studied avoidance of the mention) of coffins. It is throughout the whole of that service the corpse, or the body. ... I observe likewise, that in old tables of parish fees a distinction is stated between coffined funerals and uncoffined funerals, in point of payment. There is one of 1627, quoted by Sir Henry Spelman in his tract, De Sepultura, where a certain sum is charged for coffined burials, and half the same sum for uncoffined burials, and ex- pressly under those general heads of coffined and uncoffined funerals. The law, to be found in many of our authoritative text writers, certainly says that a parishioner has a right to be buried in his own churchyard, but it is not quite so easy to find the rule in those authorities that gives him the right of burying a large chest or trunk along with himself.. This is no part of his original abstract right, nor is it necessarily involved in it. That right, strictly taken, is to be returned to his parent earth for dissolution, and to be carried there for that purpose in a decent and inoffensive manner; when those purposes are answered, his rights are, perhaps, satisfied in the strict sense in which Ms claims in tin nature of absolute rights can be supposed to extend." Modeoi The mode of burying the dead is a matter of burial a . . . . matter of ecclesiastical cognizance; and therefore, when the ecclesi- awticaicogr- question was whether a parishioner had a right to be buried in the parish churchyard in an iron coffin, which was a new and unusual mode, the Court of Queen's Bench refused a mandamus to compel the minister to perform the burial. But Abbott C. J. added, " If a clergyman should absolutely refuse to bury the body of a dead person brought for inter- ment in the usual way, I am by no means prepared The Law of Burial. 31 to say that this court would not grant a mandamus to Fees. compel him to inter the body."(a) By the 67th canon (1603) it is provided, " When ™iin- any is passing out of this life, a bell shall be tolled, and the minister not then be slack to do his last duty. And after the party's death, if it so fall out, there shall be rung no more than one short peal, and one other before the burial, and one other after the burial." Fees. No burial fee is due at common law, but it may N ° no ,iu '' ' J at common be due by immemorial custom in any particular ^niaw parish. (A) The canon law forbade the payment or taking of any fee for burial. This prohibition is repeated in many canons and decrees of Councils, collected by Spelman, who says,(c) " The sum of their censure and decrees is this : ■• 1. That nothing be exacted or required for any sepulture; which word the Gloss, declareth to com- prehend the ground or place of burial, and the ministry of the priest or parson about the same. And in some of the canons it is particularly so expressed. " 2. That all customs for such taking are evil, impious, and void. " 3. That the offence in taking is simony. " 4. That the cognizance thereof belongeth to the bishop of the place. " 5. That gifts of piety for the use of the Church may, notwithstanding, be taken. " 6. That none should be buried in the body of the Church." (a) Rex v. Coleridge, 2 B. & Aid. 806 ; 1 Chit. 588. (b) Andrews v. Cawthorne, Willes. 536: Deam of Exeter's Case, 1 Salk. 334. (c) Tract de Sepult. (Ed. 1723), p. 179. ^ Tin Law of Burial. Fees. a -\y e j fi nn ] v enjoin," says Langton, " that burial, or baptism, or any ecclesiastical sacrament, or even matrimony, be denied to no one on account of any sum of money. And this because if, by the pious devotion of the faithful, anything have been accustomed to be paid, Ave will that in regard thereto justice be afterwards done to the churches by the ordinary of the place." (a) Which constitution land- wood explains as meaning that the question of pay- ment of money is not to be raised at the time of burial, so that the rite be denied or hindered to any- one, but that the bishop will afterwards take care that the customary payments are made to the church. And that although ministers may demand nothing for the rite or place of burial, yet laymen may be compelled to observe pious and praiseworthy customs. Hence, if aught be demanded for the grave, or performance of the rite, the demand shall fail. But if a custom be alleged to give a certain sum at the death of any person it shall prevail, (h) In one form or another, however, either as fee or gift, it was in very ancient times customary for money to be paid at the office of burial to the parson. As early as the laws of Canute it is stated, " More- over, it is right that the pecunia sepulchralis (or pecunia sepultu?'ce) be forthwith paid at the opening of the grave. And if anyone bury a dead body outside the bounds of his parish, nevertheless let the pecunia sepulchralis be paid to the church to which it rightly belongs."(e) It is pointed out by Spelman(rf) that the Saxon word saulsceat, which is translated by (a) Liudwood Prov. p. 278; de simo. lib. v. tit. 2. (b) Lindw. Id. (c) 1 Spel. Cone. p. 545, c. 13. (d) Tract de Sepult. p. 187. The Law of Burial. 33 pecunia sepulchralis, and in another version by pec. Fees. sepidturce,{e) has no direct application to a burial fee or payment for the grave, but refers to the payment to be made for praying for the soul of the deceased, and this law only ordains the time for making this payment, viz., at the opening of the grave. Hence he infers that the origin of burial fees is to be found in the custom of paying priests to offer prayers for the souls of the dead. With the growth of religious houses in tins country p^™ ica much dispute arose between the parish priests and the monks on the subject of burial offerings. For " anciently all persons, in their wills, made a special oblation, or bequest, to the church at which they were to be interred; and the people in those days, depending much upon the prayers of the living for the good of their souls after death, those of better condition coveted oft-times to be buried in religious houses, with a view to greater assistances which they hoped to receive from the solemn and constant devo- tions there ; also, where the oblations were like to be plentiful, the religious were led by that prospect to desire and promote it. By which means, parochial ministers would have been deprived of what belonged, de jure communis to them, and to no other, if the laws, which indulged the superstitious conceit of being buried in religious houses, had not at the same time provided for the ancient parochial rights; which sometimes was the third, sometimes the fourth part (according to the customs of different places) of what was given to the religious houses: the laws, probably presuming that the oblations to those houses would be much larger than what was usually given (e) 1 Spel. Cone. p. 564, c. 20. c 3 B4 The Lou- of Burial. Fees, to the parochial ministers. This was called the canonica p&rtio; and the oblation growing by custom into a fixed right of the parish minister, the Synod of London, a.p. 1102, represents it as snch in all cases; where it provides in general, Ne corpora defunctorum r.rtra parochiam suam sepelienda portentur, ut pres- bi/teri parochicB perdant, quod inde illis debeatur; plainly intimating that none could lawfully be carried away, and buried in any other church, till they had paid the oblation, or lawful fee, to the parochial minister." (a) In Topsail v. Ferrers, (b) a suit by the rector and churchwardens of St. Botolph's, Aldgate, for burial fees, where the person dying in that parish had been buried in a chancel elsewhere, an alleged custom that if any person died in the parish and were carried out of the same and buried elsewhere, the same fees were payable to the parson and churchwardens of the parish where he died, as were paid in the parish where he was buried, was held bad, "for this custom ie against reason that he that is no parishioner, but may pass through the parish, or lie in an inn for a night, should be forced to be buried there, or to pay as if he were ; and so upon the mutter to pay twice for his burial." Which judgment was approved in Burdeaux v. Lancaster, (<■) where a christening fee wus in dispute, and Holt C.J. said: "Nothing can be due of common right; and how can a canon take money out of a layman's pockets." rhuicb- ^ s ^ r cus ^ om the ] »arson became entitled to receive wardens. burial fee-. 80 by custom the churchwardens of the parish in many places acquired the right to share (a) Gibs. 452. (I) Hob. L75. (c) 1 Sulk. 3:52. The Law of Bit rial. 35 the fees with the parson in order, it would seem, to Fees. moot the expenses of keeping the churchyard in repair. In Gilbert v. Buzzard(d) Lord Stowell says, "I am aware that very ancient canons forbid the taking of money for interment upon the ground that consecrated grounds were res sacrce, and that money payments for them were therefore acts of a simoniacal complexion. But this has not been the way of considering that matter since the Reformation ( tor the practice certainly goes back at least as far). It is founded upon reasonable considerations, and is .subjected to the proper control of an authority of inspection. To inland and populous parishes the expense of keeping churchyards in an orderly and seemly condition is not small ; and that of pur- chasing new churchyards, when the old ones are likely to become surcharged, is extremely oppressive. To answer such charges, both certain and contin- gent, it is surely not unreasonable that the actual ase should contribute when it is called for." AndS™ ,sfa with regard to London parishes, he says,(/mson(y) it was held that the (d) 3 Phil. Eep. p. 360; 2 Hagg. Cons. Rep. 333. (e) 3 Phil. Rep. 365. (/) 2 Shower, 184. (rj) 3 Keble, 504, 523, 527; 1 Vent. 274. 86 The Laic of Burial. Fees. Fees re- coverable in ecclesi- astical court. churchwardens of any parish may by custom have a fee for every burial within the church by reason that the parish is at the charge of repairing the floor. And where it was proved (a) that agreements had existed between the successive vicars and church- wardens of a parish for at least nearly a hundred years that certain fees should be taken upon the burial of strangers in the churchyard and divided equally between them, and an incoming vicar refused to accede to that agreement, and induced the sexton, to whom the fees had been paid in the first instance, to hand the whole amount over to him, it was held that the churchwardens were entitled to recover a moiety of the fees from the vicar in an action for money had and received. And churchwardens may have a right of fee for every burial in the chancel from a certain messuage, (b) and for the burial of strangers in the churchyard. Lord Stowell says, " The fees are paid both to the vicar and to the parish : to the vicar of common right, and to the parish as established by custom. "(c) When burial fees are due by custom, they are not recoverable in a court of common law, but must be sued for in the ecclesiastical court, (d) But if the custom be denied, its existence must be tried in the common law courts. In Spry v. Marijlebone,(e) where the rector sued in the Consistory Court of London for fees said to be customarily payable by the guardians of the parish, and the custom was denied, it was said, " The first question is, what juris- (a) Littlewood v. Williams, 6 Taunt. 276; 1 Marsh. 589. (b) Waring v. Griffiths, 1 Burr. 441; 2 Ken. 183. (c) Bardin v. Calcott, 1 Hagg. Cons. Rep. p. 17. (d) Spry v. Gallop, 16 M. & W. 716; 16 L. J. Ex. 218. (e) 2 Curt. 11. The Law of Burial. 87 diction has the ecclesiastical court over the subject ? Fees - It is clear that these courts have been permitted to exercise some jurisdiction, because the courts of common law in cases where prohibition has been moved for have granted such prohibition, not on the general ground that ecclesiastical courts were wholly incompetent to hold pleas of the subject-matter, but on especial grounds, as because no service was rendered as the foundation of a fee, as in Burdeaux v. Lancaster,^/) where a christening fee was claimed when the child was not baptized in the parish ; and in Topsail v. Ferrers,{g) where a burial fee was sued for when the corpse was not buried in the parish. Prohibition has been also granted because the fee was not accustomed and certain, and the ecclesiastical court could not try the custom where it wa 4 s denied. The granting prohibition for such especial reasons establishes the jurisdiction, admits it to exist, and avoids the particular exercise of it for special reasons. This is shown by the Dean of Exeter's Case, (h) Some jurisdiction is recognized by the statute Circumspecte agatis.(i) . . . Customary burial fees, therefore, may be sued for here, at least, until the custom has been denied, and prohibition moved for propter defectum triationis." As to what evidence is sufficient to prove a custom imme- 11101 13il to pay fees, it was said in the same case, " By cus- custom. tomary fees are meant such fees as have existed so Ions that the origin cannot be traced. It need not be shown that they commenced before the time ol legal memory ; it is sufficient to show that they have existed so far as can be discovered. The foundation (/) 1 Salk. 332. ( <•■ a, s. 2. } } y which justices of the peace are authorized to (a) Degge's Parson's Comp. 349. (/>) Manby v. Curtis, 2 Price, 295. (c) Proud v. Piper, 3 Mod. Rep. 268; IVhite's Case, Cro. Eliz. 151; Hinde v. Bishop of Chester, Cro. Car. 237. (d) Johnson v. Oldham, 1 Ld. Raj-mond, 609 ; 12 Mod. Rep. 416; 1 Vent. 5. (e) Marke v. Gilbert, 1 Siderfm. 263. (/) Torrent v. Burley, 2 Str. 715. The Law of Burial. 47 /adjudicate upon complaints of subtraction of small Mor- tithes, offerings, oblations, and obventions.(^) \sid & A parochial agreement for the commutation of Corse- mortuaries is authorized to be made by 2 & 3 Vict. P re f_? s " c. 62, s. 9. And unless a special provision with tionof regard to mortuaries is inserted in the parochial " agreement, the provisions of the Tithe Commutation Act (6 & 7 Will. 4, c. 71) does not extend to them (s. 90). Monuments, §c. Although the freehold of the church and church- K35S25. yard is in the parson, the property in the monuments and tombstones remains in the persons who erected them, and the parson has no right to remove them. Trespass will lie at the suit of the erector of a tomb- stone against a person who wrongfully removes it from the churchyard and erases the inscription. (h) " Defacing of monuments," says Lord Coke, " is punishable by the common law, as it appears from the book of the 9 Edw. 4, c. 14 (the Lady WicMs Case , wife of Sir Hugh Wiche), and so it was agreed by the whole court in 10 Jac. 1, in the Common Pleas, in Corven v. Pym.(j) And for the defacing thereof they that build or erect the same shall have the action during their lives (as the Lady Wiche had in the case of the 9 Edw. 4), and after their deceases the heir of the deceased shall have the action."(&) (g) Ayrton v. Abbott, 14 Q. B. 1 ; 18 L. J. Q. B. 314 ; 14 Jur. 314. (h) Spooner v. Breivster, 3 Bmg. 136; 10 Moore, 494; 2 C. & P. 34. (i) 12 Co. Rep. 105. (*) 3 Inst. 202. 48 The Laic of Burial. Monu- So, too, an action will lie for the removal or deface- — ' ment of armour or ensigns of honour set up in a church at the suit of the heir and his heir in the honour and memory of whose ancestor they were set up. "And some hold," says Coke, "that the wife or executors that first set them up may have an action in that case against those that deface them in their time."(a) rcqi^red for ^° monument or ornament can legally be erected erecting. j n u cnurcn or churchyard without the permission of the ordinary, (U) but in practice the permission of the incumbent is usually substituted for that of the ordinary. " No monument," says Lord Stowell,(c) " can be erected without leave of the ordinary. All parishioners have a right to be buried in the church- yard without leave of the incumbent, but the permis- sion of the ordinary is necessary before any monument can properly be erected. It is to his care that the fabric of the church is committed, that it shall not be injured or deformed by the caprice of individuals. The consent of the incumbent is taken on such occa- sions, and especially of the rector for monuments in the chancel. A faculty is likewise required, though it is frequently omitted under the confidence reposed in the minister, and the Ecclesiastical Court is not eager to interpose. But when cases are brought before it, it is necessary to enquire whether the thing is proper to be done, and whether the consent of the incumbent has been obtained." But no practice can absolutely legalize the erection of a monument with- out a faculty, (d) And where churchwardens asserted (a) 1 Co. Lit. 18(6). (/») Palmer v. Bishop of Exeter, 1 Str. 576. (c) Maidman v. Malpas, 1 Hagg. Cons. Rep. 208. () and all acts authorized to be done by any burial board, with the approval, sanction, or authority of the vestry or vestries of the parish or parishes for which such board is constituted, may, when a joint burial board is constituted for more than two parishes, be done with the approval, sanction, or authority of the vestries of the majority of such parishes. (V) When the vestries of two or more parishes have agreed to provide one burial ground for the common use of such parishes, such agreement may be deter- mined at any time before such burial ground has been provided, save that any expenses incurred by the joint board before its dissolution shall be defrayed by the joint board. (d) When any of the burial grounds of one or more parishes wholly or partly within a borough have been closed by Order in Council, Her Majesty in Council may, upon petition of the town council of the borough, Dissolution of joint bunal board". Burial hoards for boroughs. (a) 34&35 Vict. c. 33, s. 1. (b) 15 & 16 Vict. c. 85, s. 23. (c) 20 & 21 Vict. c. 81, s. 1. (rl) id. 8. 2. The Law of Burial. 59 order that all the powers of a burial board shall vest Burial in such town council ;(e) and such town council shall thereupon be a burial board for the borough; but none of the provisions of the Burial Acts respecting the constitution, incorporation, meetings, entries of pro- ceedings, and accounts of burial boards, and consent of vestries, shall apply to such town council. (/) The expenses of such burial board are to be defrayed out of the borough fund and borough rates, (g) or a sj tecial burial rate may be levied for the purpose.(/j) The burial ground provided by such town council shall be deemed to be provided for such parishes, wholly or in part within the borough, as the council shall determine. (i) And if any part of a parish for which such burial ground is provided is without the borough, the council may fix a higher rate of pay- ment for interments of inhabitants in such outlying part. (k) Any parish, wholly or in part within the borough, having a sufficient separate burial ground, may be exempted by the Order in Council from the jurisdiction of the town council, acting as a burial board, and thereupon shall not contribute towards any rates levied by the town council for defraying the expenses of such burial board. (I) The town council may appropriate land belonging to the borough for the purposes of a burial ground, (m) but no burial ground shall be made" within 100 (e) 17 & 18 Vict. c. 87, s. 1. (/) Id. s. 2. (r/) Id. 8. 3. (h) 20 & 21 Vict. c. 81, s. 22. (i) 17 & 18 Vict. c. 87, s. 7. (k) Id. s. 8. m Id. s. 9. (m) Id. s. 11. 60 The Law of Burial. Burial Acts. Local board may be burial board. Urban authority. Under local Acts. Local boards of health and town com- missioners yards of a dwelling-house without the consent of the owner and occupier, (a) If a vestry of a parish comprised in a local govern- ment district resolves to appoint a burial board, the local board of such district may, at the option of the vestry, be the burial board. (b) The burial board of a district included in or. con- terminous with the district of an urban authority, may by agreement transfer all its estate, powers, and duties to such urban authority. (c) A local board of health created by a local Act of Parliament may exercise all the powers, rights, and privileges which are or can be exercised by a burial board.(d) And nothing in the Burial Acts shall abridge, lessen, or defeat any powers, right, or privi- lege of any local board of health being the burial board of a borough created or to exist under or by virtue of any local Act of Parliament, (e) In case it appears to Her Majesty in Council, upon the petition of the local board of health of any district established under the Public Health Act, or upon the petition of any commissioners elected by the rate- payers, and acting under or by virtue of the powers of any local Act of Parliament for the improvement of any town, parish, or borough, stating that the district of such local board of health, or of such commissioners, is co-extensive with a district for wliich it is proposed to provide a burial ground, and that no burial board has been appointed for such district, and that an Order in Council has been made (a) Id. s. 12. (b) 21 & 22 Vict. c. 98, s. 49; re-enacted in Schedule V. Part 3, of Public Health Act, 1875. (c) 29 & 30 Vict. c. 90, s. 44, re-enacted in Schedule V. Part 3, of Public Health Act, 1875. (d) 18 & 19 Vict. c. 128, s. 20. (e) Id. s. 19. The Law of Burial. 61 for closing all or any of the burial grounds within Burial the said district, Her Majesty may, with the advice — ' of Her Privy Council, order that such local hoard shall be a burial board for the district of such local board, or that such commissioners shall be a burial board for the district of such commissioners, and thereupon such local board or such commissioners, as the case may be, shall be a burial board for such district accordingly ; and the powers and provisions of the Burial Acts (except the provisions relating to the constitution or appointment and resignation of members of burial boards) shall extend to the district of such board, and to such board, or to the district of such commissioners, and to such commissioners, and to any burial ground and places for the recep- tion of the bodies of the dead previously to interment which may be provided by such board or by such commissioners, in like manner as to any parish or parishes, and the burial board thereof, and any burial ground, and any such places as aforesaid, provided by such burial board; save that no approval, sanction, or authorization of any vestry shall be requisite: pro- vided that notice of such petition, and of the time when it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be published in the London Gazette, and in one of the newspapers usually circulating in the district of such local board or of such commissioners one month at least before such petition is so considered: provided also, that this enactment shall not apply to any such district as aforesaid exclusively consisting of the whole or part of one corporate borough within the meaning of the Public Health Act, 18-48. (/) (/) 20 & 21 Vict. c. 81, s. 4. G2 The Law of Burial. Burial Acts. Vacancies in burial boards. Constitution of ourial board. Contested election. Incorpora- tion. Meetings. Any vacancy in the burial board is to be filled up by the vestry within one month ; in default, the burial board may fill it up. Every person elected to fill a vacancy shall be a ratepayer. (a) But an election by the vestry is good, though made after the month, if the burial board has not already filled up the vacancy, (b) The members of a burial board are appointed by the vestry; they must be ratepayers of the parish or place for which the burial board is appointed, but the incumbent of the parish may be a member, though not a ratepayer ; they must be not less than three in number, nor more than nine : one-third, or as near as may be, go out of office every year, but may be re-elected ; and any member may resign on giving notice to the churchwardens. (c) In the event of there being a contest for election to the board, the reasonable expenses of taking a poll may be paid by the burial board, (d) Every burial board is a corporation with perpetual succession and a common seal, and may sue and be sued, and may acquire and hold lands for the pur- poses of the Burials Acts, without license in mort- main.^) A burial board may meet when it pleases ; it may be summoned at any time after 48 hours' notice by any two of its members for a special purpose mentioned in writing; it must hold its meetings at its (a) 18 & 19 Vict. c. 128, s. 4. (6) lieg. v. S. Weald, 5 B. & S. 391 ; 33 L. J. M. C. 193 ; 10 L. T. (n.s.) 498; 12 W. R. 873. (c) 15 & 16 Vict. c. 85, s. 11. (d) 48 & 49 Vict. c. 21. (e) 15 & 16 Vict. c. 85, s. 24. The Law of Burial. G& office or other convenient place previously publicly Burial notified. (/) Three members form a quorum. (ioners Clauses Act, 1847, will apply to all such mortgages. (y) Expenses incurred by a burial board of any parish in carrying the Burial Acts into execution are charge- able upon and payable out of the poor rates of the parish; but the expenses to be incurred by the board (a) 20 & 21 Vict. c. 81, s. 19. (c) 17 & 18 Vict. c. 87, s. 4. (e) 15 & 16 Vict. c. 85, s. 21. (/) 25 & 26 Vict. c. 100, s. 1. (b) Id. s. 21. (d) Id. 5. (g) Id. s. 2. The Law of Burial. G5 In providing and laying out a burial ground, and in Burial building the necessary chapel or chapels thereon, are not to exceed such sum as the vestry shall authorize. Upon receipt of a certificate under the hands of a on ccrtm- quorum of the board of the sums required for defray- board, ing such expenses as aforesaid, the overseers (or other persons authorized to make and levy poor rates) shall pay such sums out of the poor rates as the board shall direct. (A) And if the vestry of any parish refuse on default v / J ^ i of vestry or neglect to authorize the expenditure of such sums as the burial board may declare necessary for pro- viding and laying out a burial ground and building the necessary chapel or chapels therein a Secretary l^f'nSy ' of State may, on representation to him by the burial l!"!, 1 ™^ 6 board of such refusal or neglect, and after inquiry tuie - into the circumstances of the case, authorize the burial board to make such expenditure without the sanction of the vestry, and to do all such things as may be necessary for providing the money to meet such expenditure, (i) The raising of such sums as may be necessary for defraying the expenses of burial boards for districts not separately maintaining their own poor is provided for as follows : 1. If any district (whether a parish or township or Expenses ot J \ i i places not sub-division), not separately maintaining its own separately '> l j t-> maintaining poor, but having its own burial board, forms part of their own a parish which maintains its own poor, such burial board shall issue its certificate to the overseers of the parish for payment of the sums required for the expenses of the board; and the overseers shall levy such sums either by addition to the parish rate, so (h) 15 & 16 Vict. c. 85, s. 19. (i) 18 & 19 Vict. c. 128, s. 6. 60 The Law of Burial. Burial far as the same affects the said district, or by a Acts. J — separate rate. 2. If a district, not separately maintaining its own poor, but having its own burial board, forms part of an incorporation or other union maintaining the poor of the places comprised therein by means of a common rate, the burial board shall issue its certificate to the persons authorized to make and collect or cause to be collected such common rate for payment of the sums required for the expenses of the board ; and such person shall levy such sums either by addition to the common rate, so far as the same affects the said district, or by a separate rate. o. If a district not separately maintaining its own poor forms part only of a place or union of places not co-extensive with any area rated for the relief of the poor, which place or union of places has one burial board, such burial board shall issue its certificate for payment of the portion of the expenses of the board to be borne by such district to the overseers of the parish of which such district forms part, if such parish maintains its own poor; or, if such parish does not maintain its own poor, to the persons authorized to make and collect the common rate of the poor law union to which such district belongs; and such over- seers or other persons shall levy the sums required either by an addition to the parish or common rate (as the case may be), so far as the same affects the said district, or by a separate rate. (a) united When a burial board is appointed for united parishes. parishes, its expenses must be apportioned among such parishes according to the value of the property in such several parishes rated to the relief of the (a) 18 & 19 Vict. c. 128, s. 13. The Law of Burial. 07 poor, and the sum apportioned to each parish is to be Burial paid out of the poor rates of such parish as though — ' the burial board had been appointed for such parish a lone. (6) The expenses of keeping in order any burial burial 1 ground established by the guardians of any parish gloun 8 or union for the burial of poor persons are payable out of the common fund of the parish or union.(c) The expenses of keeping closed burial grounds or ^™ot churchyards in order and repair tails upon the poor ^^ ds rates of the parish or place, where such churchyard or burial ground is situate, unless there is some other fund legally chargeable with such expenses ;(d) and that although such burial ground belongs to another parish, (e) Any money required by a local board for defray- f^'™^^ ing the expenses of carrying the Burial Acts into ^gg^f execution, or for paying moneys borrowed or interest Acts. thereon, or annuities granted under these Acts, or for establishing a sinking fund, may be paid out of the general district rates ; and the local board may levy as part of the general district rate, or by a separate burial rate, such sums as may be necessary for the purposes aforesaid, (f) Whenever after repayment of moneys borrowed f^"^ and the interest thereof, and after satisfying all the liabilities of the board, and providing such a balance as shall be deemed by the board sufficient to meet their probable liabilities during the then next year there shall be any surplus of income, the burial (b) 18 & 19 Vict. c. 128 s. 11. (c) 20 & 21 Vict. c. 81, s. t>. (rf) 18 & 19 Vict. c. 128, s. 18. (e) Beg. v. Bislwpwearmouth, 5 Q. B. D. 6"i (/) 23 & 24 Vict. c. 64, s. 1. 68 The Law of Burial. Burial board shall pay the same to the overseers in aid of A £l s " the rate for the relief of the poor. Income tax is payable on such surplus. (a) La case of local boards of health or improvement commissioners constituted burial boards, such surplus is to be applied in aid of the general district or improvement rate. (A) New|bnriai \ burial board shall, with all convenient speed, grounds. 7 , x _ proceed to provide a burial ground for the parish or parishes for which it is appointed to act, and to make arrangements for facilitating interments therein. (c) pun),..-.'. The board may, with the approval of the vestry, . • 'f lauds. 11 n • 1 • 1 purchase land tor the purpose of forming a burial ground, or may purchase any existing cemetery or part thereof subject to subsisting rights already granted therein; or may contract for the right of burial therein, (d) and for these purposes the Lands ( Ilauses Consolidation Act, 1845, with the exception of the provisions for the compulsory taking of lands and certain other provisions, is incorporated with the Burial Acts.(«) The board may also, with the approval of the vestry, and of the guardians of the poor of the parish, and of the Local Government Board, appropriate for a burial ground land belong- ing to the parish; subject, however, to such condition as may be imposed by the Chancery Division of the High Court, in case such lands are subject to any charitable trust. ( j ) (a) 15 & 16 Vict. c. 85, s. 22 ; Paddington Burial Board v. Commissioners of Inland Revenue, 13 Q. B. D. 9; 53 L. J. Q. B. 224; 50 L. T. 211; 32 W. R. 551; 48 J. P. 311. (h) 23 & 24 Vict. c. G4, S. 3. (c) 15 & 16 Vict. c. 85, & 25. (d) Id. s. 26. (e) Id. s. 27. (/) 15 & 16 Vict. c. 85, s. 29. The Law of Burial. 69 A burial board may acquire any closed cemetery Burial adjoining or near to any land appropriated for a ^_- burial ground, for the purpose of erecting buildings cemetery, thereon, or making approaches to such burial ground i((j) and trustees of closed cemeteries may, with the sanction of a Secretary of State, let, lease, or sell such unconsecrated portions thereof as have not received interments; the money accruing there- from, after discharge of liabilities, to be applied as the vestry directs in cases where the land was held in trust for the parish, and in other cases, to the rest a is que trusts.Qi) The board may have transferred to it a burial J/cJJurch- ground provided under the Church Building Acts, J ' ar,u and enlarge the same by the adding an unconsecrated part thereto. (/) Guardians of a parish or union becoming possessed ^"^f of any land suitable for a burial ground may, with ground. the consent of the Local Government Board, appro- priate it for a burial ground for poor persons, (k) Land acquired under the Burial Acts for the pur- ^f t s sn ^ nt pose of a burial ground shall not be assessed to any raised - rates at a higher value or rent than the value or rent at which it was assessed at the time it was so acquired. (/) No new burial ground shall be used for burials ground 3 within 100 under the Burial Acts within the distance of 100 y^u s of yards from any dwelling house, without the consent house" 8 in writing of the owner, lessee, and occupier of such TOnsent. dwelling house. (m) (g) 20 & 21 Vict. c. 81, s. 26. (/i) Id. s. 24. (i) Id. s. 7. (k) Id. s. 6. (0 18 & 19 Vict. c. 128, s. 15. (to) 18 & 19 Vict. c. 128, s. 9; 17 & 18 Vict. c. 87, s. 12; Cowley v. Byas, L. R. 5 Ch. D. 944; 26 W. R. 1 ; 41 J. P. 804. 70 The Law of Burial. Burial The board may, with the approval of the vestry, Acts - sell any lands purchased by them under the Burial I '.','f and Acts, in which no interment shall have taken place ;(a) surphMiand. an( [ ? ^h the sanction of a Secretary of State, may let any land purchased by them which has not been consecrated, and in which no interment has taken place, if power be reserved to the board to resume possession of such land on giving six months' notice. (A) Laying. .lit ^he board may lay out any burial ground provided new burial J J i r> • i grounds. by it in such manner as may be fitting and proper, (c) consecrated The burial ground must be divided into two such and un- ° consecrated parts, one to be consecrated and the other to remain parte. L . ~ unconsecrated, as may be sanctioned by a Secretary of State ;(d) unless at a vestry specially called for the purpose it be unanimously resolved that the new ground shall be held and used in all respects as the existing churchvard; in which case another ground not consecrated may be provided within ten years, (e) Or the board may, with the approval of a Secretary of State, provide separate and distinct burial grounds to be used respectively as consecrated and unconse- crated burial grounds. (/) As soon as the ground allotted for consecration is in a fit and proper con- flit ion for interment, the board must apply to the bishop of the diocese to consecrate it,(V/) and the bishop may do so or not, as he pleases. (A) If he refuse, an appeal lies to the archbishop; and if the (a) 15 & 16 Vict. c. 85, s. 28. (b) 18 & 19 Vict. c. 128, s. 7. (c) 15 & 16 Vict. c. 128, s. 30. ((1) 16 & 17 Vict. c. 134, s. 7. (e) 18 & 19 Vict. c. 128, s. 10. (/) 20 & 21 Vict. c. 81, s. 3. ( ^^ ee tating the conveyance of dead bodies to the burial ground, or may contract with a cemetery company to undertake such conveyance. (/) The exemption from payment of turnpike tolls jgrnggn granted by 3 Geo. 4, c. 126, s. 32, in cases where the funeral of any person took place within the parish where he died, is now extended to cases where the funeral takes place in the burial ground of such parish if outside the limits of the parish, (g) A burial board may, and if there is no burial Mortuaries. board in a parish, the churchwardens and overseers of the parish may provide proper places for the reception cf dead bodies before interment. And such churchwardens and overseers may for this purpose exercise all such powers as they might exercise for providing a workhouse for the parish, (h) Such mortuaries are subject to regulations made by a Secretary of State.(i) Local authorities may, and if required by the Local Government Board, must provide mortuaries, and may make bye-laws for the management thereof, and provide for the interment of dead bodies received therein, (k) The general management, regulation, and control ofTurla'i 011 of the burial ground is vested in the burial board. (7) f™i™ dsan(i But a Secretary of State may make regulations in relation thereto for the protection of public health (e) 15 & 16 Vict. c. 85, s. 31. (/) Id. s. 41. (r/) 20 & 21 Vict. c. 81, s. 14. (/i) 15 & 16 Vict. c. 85, s. 42. (i) Id. s. 44. (k) 38 & 39 Vict. c. 55, s. 141. (I) 15 & 16 Vict. c. 85, s. 38. B 74 The haw of Burial. Burial Acts. Secretary of State may order acts to be done. Protection of burial grounds. Sale of graves and vault and the maintenance of public decency,(a) and may from time to time direct inspection of any burial ground to ascertain the condition thereof, and whether such regulations have been observed. A penalty not exceeding 10Z. may, upon summary con- viction, be imposed for non-compliance with such regulations, or for obstructing the inspector, (b) Upon the representation of a Secretary of State an Order in Council may be made directing church- wardens or other persons having the care of vaults or places of burial, to do such acts as may be neces- sary for preventing them becoming dangerous or injurious to the public health, and the expenses of doing such acts shall be paid out of the poor rates of the parish. (V) And if persons other than church- wardens neglect to comply with such directions, the Secretary of State may direct the churchwardens of the parish in which the vaults or place of burial is situate to do such acts, and the churchwardens shall thereupon obey such direction. Any person obstruct- ing the churchwardens in obeying such directions is guilty of a misdemeanor, (d) The provisions of the Cemeteries Clauses Act, 1847, with respect to the protection of the cemetery, are incorporated with the Burial Acts, and are applicable to any burial ground provided under those Acts.() When, at the time that any burial place is closed^ the fees in respect of burials therein are divided between the incumbent of the parish and the incum- bent of any district parish or other ecclesiastical district, each incumbent shall continue to have the same proportion of fees in a new burial ground as he had in the old.(c) Where fees on interments, t England. Register of burials under Burial Acts, serving the same by a chaplain to be paid by such incumbents, or by deductions from the fees payable to them ; and in case of dispute, the bishop shall confirm any scheme of the majority or of a moiety of such incumbents.(a) When any body is buried in any cemetery estab- lished under the authority of parliament at the expense of a union, parish, hospital, or infirmary r the fee payable to the incumbent on such interment shall not exceed 1*., unless such incumbent has been accustomed to receive more, and in no case shall exceed 2s. 6d. ; and nothing shall be payable to any parish or district officer in respect of such inter- ment.^) If a burial takes place in consecrated ground with a Bervice other than that of the Church of England, any person who would have been entitled to a fee for such burial if it had taken place with the service of the Church of England shall be entitled to receive the same fee as he would otherwise have received. (r) All burials in a burial ground provided under the Burial Acts must be registered in a book kept according to the laws in force by which registers are required to be kept by rectors, &c, of parishes or ecclesiastical districts. (d) Such register is to dis- tinguish between burials in consecrated and uncon- aecrated ground. It must be indexed, and a transcript of it sent to the registrar of the diocese. Searches may be made therein, subject to the provisions ot 6 & 7 Will. 4, c. 86, s. 35 ; and copies of entries t lii-rein are admissible as evidence in courts of justice.(e) (a) 15 & 16 Vict. c. 85, s. 39. (b) 15 & 16 Vict. c. 85, s. 49; 16 & 17 Vict. c. 134, s. 7. (c) 43 & 44 Vict. c. 41, s. 5. (2, post, for interpretation of "vestry." If a select vestry has to be convened for the purposes of this section, then, if it consists of a definite number of vestrymen, every member must be duly summoned (Dohson v. Fussy, 5 M. & P. 112; 7 Bing. 305), and a majority of the whole number must be present at the vestry meet- ing. (Blaehett v. Blizzard, 9 B. & C. 851.) And where by a local Act the management of the affairs of a parish was confided to a select vestry, consisting of an indefinite body, and it was provided that the vestry at their meetings, " or the major part of such of them as -hall be assembled at such meetings," might do whatever could be done by an ordinary vestry, it was held that a majority of those present must concur to pass a valid resolution, and that a resolution carried by a majority of those voting, but not by a majority of those present, was ineffectual. (.Reg. v. Overseers of Christ Church,. Middlesex, 7 E. & B. 409; 3 Jur. (n.S.) 1074; 27 L. J. M. C. 23.) As to necessary notices of vestry meetings, see note to 20 & 21 Vict.. c. 81, s. 27, which section, however, provides that no resolution or proceeding of a vestry for the purposes of the Burial Acts is to be void or voidable for defect or irregularity of notice, or error in form of calling the vestry, or in the proceeding thereat, unless notice in writing of such defect, irregularity, or error be given at the vestiy meeting, or within seven days after. Where a general vestiy co-exists with a select vestry provided under a local Act, the appointment of a burial board under this Act will lie with the vestry which exercises the general management of the parish. Thus, where by a local Act a select vestry was appointed for Liverpool to perform the functions of a board of guardians, the general vestiy was held to be the proper body to elect a burial board. (Reg. v. Gladstone, 7 E. & B. 575; 8. C. sub. voc. Ex parte Urquhart, In re The Burial Board of Liverpool. 26 L. J. Q. B. 213; 3 Jur. (N.S.) 441.) But where by a local Act a select vestry was appointed for Sunderland for the purpose of preserving better order in the parish, managing the affairs of the church, providing salaries for the churchwardens, rector, parish clerk and scavenger, &c., and since the passing of the Act had always acted in the general management of the parish, such select vestrj was held to be the proper vestry to elect a burial board. (Beg. v. Peters, 6 E. & 15. 226, S. C. sub. voc. Be The Sunderland I estry, 25 L. J. Q. B. 271; 2 Jur. (n.S.) 424.) Metropolitan vestries created under the Metropolis Management Act. 1855 (18 & 19 Vict. c. 120), must be convened in accordance with the provisions of 19 & 20 Vict. c. 112, s. 9, " by transmitting,, through the post or otherwise, notice signed by the clerk to the vestry, to each vestryman, at his usual or last known place of abode in England, of the place and hour of holding the same, and the spe- cial purposes thereof, three days before the day appointed for such meeting, and also by affixing at the same time notice tLereof on or near the dour of any building where the said meeting is to be holden," except thai seven instead of three days' notice is required. A local board or town commissioners may be the burial board for their district, under 20 & 21 Vict. c. 81, s. 4. In such a case the appointment is made by Order in Council, not by the vestries. 15 d 16 Vict. c. 85. 91 "Parish" is defined, sect. 52, post, as meaning "Every place Note to Laving separate overseers of the poor and separately maintaining Sect. 10. its own poor." This has been interpreted as meaning " every parish and every place having separate overseers of the poor, &c.," so as to include ancient parishes in a town for which a corporation had l>een appointed for the management of the poor, and for which one poor rate was levied. (Meg. v. Sudbury Burial Board, E. B. & E. 264 ; 27 L. J. Q. B. 232 ; 31 L. T. 161 ; 4 Jur. (N.S.) 948.) Now. by 29 & 30 Vict. c. 113, s. IS, " in all statutes, excej>t there shall be something inconsistent herewith, the word 'parish' shall, among other meanings applicable to it, signify a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed." Under sects. 10 and 11 of this Act, therefore. a parish formed for ecclesiastical purposes only could not acquire a separate burial ground or appoint a burial board of its own. Tbe power of appointing a burial board is given to such a parish by 18 & 19 Vict. c. 128, ss. 12, 13, provided it previously had a separate burial ground ; and 20 k 21 Vict. c. 81, s. 5, provides that am parish, new parish, township or other district not separately main- taining its own poor, and which has had no separate burial ground, may appoint a burial board. But if a common law parish is divided into districts or new parishes for ecclesiastical purposes under 58 Geo. 3. e. 45, or other Church Building Acts, and none of the new districts or parishes appoint a separate burial board under 18 & 19 Viet. c. 128, or 20 & 21 Vict. c. 81, a burial board may be properly appointed for the original whole parish. (Req. v. Overseer* of Walcot, 31 L. J. M. C. 217 ; 2 B. & S. 555 ; 6 L. T. (n.s.) 320; It) W. R. 59'.).) But the appointment of such burial board for the whole parish will not prevent the district parishes from afterwards appointing separate burial boards for themselves under 18 & 19 Vict, c 128, s. 12 (Reg. v. Overseers of Tonbridge, 13 Q. B. D. 339 ; 53 L. J. 448), or under 20 & 21 Vict. c. 81, s. 5. (Beg. v. Overseers of Waleot St. Swithin, 2 B. & S. 571 ; 31 L. J. M. C. 221 ; 10 W. R. 602.) The common law parish is not, however, bound to appoint a burial board for the whole, parish, but may omit any district that has the power of appointing a separate burial board, and appoint a burial board for the rest. (Viner v. Overseers of Tonbridge, 2 El. & El. 9; 28 L. J. M. C. 251; 5 Jur. (N.S.) 1293.) And now by 23 & 24 Vict. c. 64. s. 4, if a parish is divided into two or more districts for ecclesiastical purposes, and any one of such districts has a separate burial ground, a burial board for the whole parish cannot be appointed without the approval of a Secretary of State. XI. In case of such resolution as aforesaid the vestry incase , " vestry agrei shall appoint not less than three nor more than nine to provide f • ii- i • i a burial persons, being ratepayers of the parish, to be the burial ground, f -, \ , . f - , ,, • -, i burial board of such parish, of whom one third, or as nearly as board to be mav be one third (to be determined among themselves), '' 1| ' 1 "' ' v • i ii i i- [General] shall go out of office yearly, at such time as shall be from time to time fixed by the vestry, but shall be eligible for immediate re- appointment : Provided always, that the 92 The 1 hi rial Act, 1852. Resignation <>f members, Sect. 11. incumbent of the parish shall be eligible to be appointed and re-appointed from time to time as one of the members of the said board, although not a ratepayer of the parish ; provided also, that any member of the board may at any time resign his office, on giving notice in writing to the churchwardens or persons to whom it belongs to convene meetings of the vestry. By 48 & 49 Vict. c. 21, post, all reasonable expenses of taking si I" >11 of ratepayers in the case of a contested election of a burial board may be paid by the burial board. By 4<> & 47 Vict. c. 52, s. 34, if a person is adjudged bankrupt whilst holding the office of member of a burial board, his office shall thereupon become vacant. It is provided by 18 & 19 Vict. c. 128, s. 4, that every vacancy in a burial board shall be filled up by the appointment of a ratepayer. It is probable that that provision would be construed as subject to the exception in favour of the incumbent contained in this section. (See Bean of Ely v. Bliss, 5 Beav., p. 582.) For investment of a town council with the powers of a burial board in boroughs, see 17 & 18 Vict. c. 87; for establishment of a local board of health or improvement commissioners as a burial board, see 20 & 21 Vict. c. 81, s. 4 ; for the powers of local authorities to acquire and maintain burial grounds, see 42 & 43 Vict. c. 31. Sections 10 — 19 and sect. 24 of this Act do not apply to town councils acting as burial boards; see 17 & 18 Vict. c. 87, s. 2. By 29 & 3G Vict. c. 90, s. 44 (re-enacted in the 3rd part of Schedule V. of the Public Health Act, 1875), when the district of a burial board is included in or conterminous with the district of an urban authority, the burial board may by resolution of the vestry and by agreement with the urban authority transfer all its estate, powers, duties, and liabilities to the urban authority. [Vacancies to be, filled up try Vestry.] [XII. Any vacancies in the board may be filled up by the vestry when and as the vestry shall think fit.] This section is repealed by the Statute Law Revision Act, 1875. By 18 & 19 Vict. c. 128, s. 4, every vacancy must be filled up by the vestry within one month from the vacancy happening, and in case of neglect of the vestry to fill up such vacancy, then such vacancy to be filled up by the board itself. But where the vestry filled up the vacancy after the expiration of the month, but before any appointment of the board, the person so appointed by the vestry was held to be well appointed. (Reg. v. South Weald, 5 B. & S. 391 ; 33 L. J. M. C. 193 ; 12 W. K. 873 ; 10 L. T. (N.S.) 198.) Mi . ■,.,■. ,,f the Board. XIII. The board shall meet [at least once in every month] at their office, or some other convenient place previously 15 & 16 Vict. c. 85. 9$ publicly notified, and the said board may meet at such Sect. 13. [other] time as at any previous meeting shall be deter- [General.] mined upon ; and it shall be at all times competent for any two members of the board by writing under their hands, to summon, with at least forty-eight hours' notice, the board for any special purpose mentioned in such writing, and to meet at such time as shall be appointed therein. The words between brackets are repealed by 18 & 19 Vict. c. 128, s. 5. That section is again repealed by the Statute Law Kevision Act, 1875. The result is that the board may meet when it pleases, as though the limitation in this section had never been enacted. (See 13 & 14 Vict. c. 21, s. 5.) XIV. At all meetings of the board any number not less ^eetuigs of than three members of such board shall be a sufficient fjjjjjgjp number for transacting business, and for exercising all the powers of the board. If members of a board resign so as to reduce the number of members still remaining below that required for a quorum, and the vestry neglects to fill up the vacancies under 18 & 19 Vict. c. 128, s. 4, the whole board will lapse, and the remaining members of the )>oard cannot fill up the vacancies. (Newhavcn Local Board v. Newhaven School Board, 30 Ch. D. 350.) If a burial board fears a mandamus to do certain acts which it is unwilling to do, the whole board, or all except two, may resign between the obtaining of the rule nisi and the time fixed for showing cause, and the rule cannot then be made absolute for the mandamus. as there will be no competent body to obey it. (Reg. v. Attle- borough Burial Board, Times, 12th February, 1887.) XV. The board shall appoint, and may remove at jgg^Si pleasure, a clerk and such other officers and servants as remove ^ shall be necessary for the business of the board and for {General.] the purposes of their burial ground, and with the approval of the vestry may appoint reasonable salaries, wages, and allowances for such clerk, officers, and servants, and when necessary, may hire and rent a sufficient office for holding their meetings and transacting their business. The contract for the engagement of the clerk and officers by the burial board should, in order to bind the board, be under its seal. 94 The Burial Act, 1852. Note to (.Austin v. Bethnal Green Guardians, L. R. 9 C. P. 91; 43 L. J. Sect. 15. C. P. LOO; 29 L. T. 807; 22 W. R. 406.) If a joint burial board is established for more than two parishes, acts of the burial board requiring the approval of the vestry may be done with the approval of the majority of the vestries. (20&.21 Vict, c. 81, s. 1.) The officers and servants which the. board may appoint under this section do not include a chaplain, nor a sexton. The right of per- forming the burial service according to the rites of the Chui - ch of England (except so far as now modified by 43 & 44 Vict. c. 41) is reserved to the incumbent or incumbents of the parish or parishes for which the burial ground is provided by sect. 32, post, which ion also preserves the rights of the sexton. A burial board can- not replace a sexton by gravediggers appointed by the board, at all events so a- to deprive the sexton of his fees. (Gell v. Birm/ingham, 1<» L. T. (N.S.) 497.) Nor could they throw on the rates the expense of providing persons to dig graves in place of the sexton. (Burial Board of St. Margaret, Rochester, v. Thompson. L. B. <> C. P. p. 459 ; 40 L. J. C. P. 213; 24 L. T. (573; 19 W. R. 892.) The vestry may, however, by sect. 37, with the consent of the bishop of the diocese, arrange that the incumbent, sexton, and clerk shall receive fixed salaries instead of the usual fees to which they would otherwise be entitled; and in that event the burial board will receive such fees and pay such salaries. Minutes of XVI. Entries of all proceedings of the board, with the proceci! mil's L ° . <>f boani to names of the members who attend each meeting, shall be in a book, made in books to be provided and kept for that purpose, ' a '^ under the direction of the board, and shall be signed by the members present or any two of them ; and all entries purporting to be so signed shall be received as evidence, without proof of any meeting of the board having been duly convened or held, or of the presence at any such meeting of the persons named in any such entry as being present thereat, or of such persons being members of the board, or of the signature of any person by whom any such entry purports to be signed, all which matters shall be ante, presumed until the contrary be proved: and the board which shall l . . . be open to shall provide and keep books m which shall be entered true and regular accounts of all sums of money received and paid for or on account of the purposes of this Act in the parish, and of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money are paid and such liabilities incurred. The i ntries of proceedings need not necessarily be signed at the meetings at which such proceedings were transacted; it is sufficient 15 d 16 Vict. c. 85. 95 il' they are signed at a subsequent meeting. (See Southampton Note to Dock Company v. Richards, 1 M. & Gr. 448; Miles v. Bough, Sect. 16. 3 Q. B. 84.").) XVII. All such books shall at all reasonable times be open ivpity for refusing to to the examination of every member of such board, church- allow J -in j inspection. warden, overseer, and ratepayer, without lee or reward, [Ge/ieTOl>] and they respectively may take copies of or extracts from such books, or any part thereof, without paying for the same ; and in case the members of such board, or any of them, or any of the officers or servants of such board having the custody of the said books, being thereunto reasonably requested, refuse to permit or do not permit any churchwarden, overseer, or ratepayer to examine the same, or take any such copies or extracts, every such member, officer, or servant so offending shall for every such offence, upon a summary conviction thereof before any justice of the peace, forfeit any sum not exceeding 51. XVIII. The vestry shall yearly appoint two persons, not Jfgjf*" being members of the board, to be auditors of the accounts *PP$? ted of the board, and at such time in the month of March in who shall ' examine the everv year as the vestry shall appoint the board shall pro- accounts, J J . ■ i «. • -. and report duce to the auditors their accounts, with surncient vouchers to vestries. for all moneys received and paid, and the auditors shall i^ eneml ^ examine such accounts and vouchers, and report thereon to the vestry. By sect. 197 of the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the auditors of the accounts of the vestries of the parishes mentioned in Schedules (A.) and (B.) of that Act, have the power of auditing also the accounts of any board which has the control over any part of the parochial expenditure; and by sect. 195 such power includes the right to allow and disallow such accounts and items therein. In other parishes it does not appear that auditors appointed under this section have any power to disallow items or do otherwise than report to the vestry. XIX. The expenses incurred or to be incurred by the {j£^* u *? burial board of any parish in carrying this Act into exe- of thepoort cution shall be chargeable upon and paid out of the rates for the relief of the poor of such parish ; the expenses to 96 The Burial Act, 1852. Sect. 19. bo so incurred for or on account of any parish in providing [Genera?.] and laying out a burial ground under this Act and build- ing the necessary chapel or chapels thereon not to exceed such sum as the vestry shall authorize to be expended for such purpose ; and the overseers or other officers autho- rized to make and levy rates for the relief of the poor in any parish shall, upon receipt of a certificate, under the hands of such number of members of the burial board as are authorized to exercise the powers of the board, of the sums required from time to time for defraying any such expenses as aforesaid, pay such sums out of the rates for the relief of the poor as the board shall direct. See sects. 25 — 29 for the power of a burial board to acquire a burial ground ; and 6ect. 30 for powers to lay out a burial ground and build chapels. No powers are given to the vestry in this or any of the subsequent Acts to control the expenditure of a bu^al board iu carrying this Act into execution, except the power given in this section of limit- ing the amount to be expended on the acquiring and laying out a burial ground and building a cbapel, and such powers as are involved in the provisions of sects. 26, 28, 29, and 42, requiring the burial board to obtain the sanction or authority of the vestry for such matters as purchasing land for cemeteries (s. 26), selling surplus lands (s. 28), appropriating parish lands (s. 29), and providing mortuaries (s. 42). This section, however, provides that expenses incurred by the burial board in carrying this Act into executicm shall be chargeable upon and paid out of the poor rates, and further requires the overseers upon receipt of a certificate from the board of the sum- required from time to time for defraying any such expenses as aforesaid, to pay such sums out of the poor rates as the board shall direct. If, therefore, the burial board should incur expenses which ought to be disallowed by auditors as not being properly incurred by the board ; ' in carrying this Act into execution," the overseers are not authorized under this section to pay the sums required by the certificate of the burial board in respect of such expenses, liy this means effect can be given to the report of auditors, in cases where the burial board has incurred expenses altogether in excess of its powers. In other cases, however, the overseers have no option but to levy a rate and pay the sums required by the certificate; in case of their refusal, the remedy would be by mandamus. The authority of the vestry is only required for expen- diture incurred in acquiring and laying out a burial ground and building the necessary chapel or chapels thereon. If the vestry will not authorize such expenditure, the burial board may represent such refusal to the .secretary of State, who may by warrant dispense with the sanction of the vestry, and himself authorize the necessary expenditure. (18 & 19 Vict. c. 128, s. 6.) The expenses of providing a burial ground, of paying mortgage moneys, and the ordinary expenses of maintaining the burial ground. 15 d 16 Vict. c. 85. 97 are properly defrayed by one rate. (Reg. v. ColesMll, 2 B. & S. 825; Note to 9 Jur. (N.s.) 226 ;* 31 L. J. Q. B. 219;' 7 L. T. (n.S.) 244; affirmed, Sect. 19. 34 L. J. Q. B. 96.) By 48 & 49 Vict. c. 21, post, all reasonable expenses of taking a poll of ratepayers in the case of a contested election of a burial board shall be considered as expenses incurred in carrying this Act into execution, and may be included in the certificate to the overseers. The obligation to build a chapel for persons not members of the Church of England may be released by the Secretary of State, upon the representation of a majority consisting of not less than three- fourths of the vestry. (18 & 19 Vict. c. 128, s. 14.) In such a case a chapel so built would not, it is submitted, be a necessary chapel within this section, and the overseers would not be justified in paying the expenses incurred in its building out of the poor rates. In boroughs where the town council is the burial board the expenses of carrying the Burial Acts into execution are payable out of the borough fund and borough rates (17 & 18 Vict. c. 87, s. 3) ; power also being given to the council to levy a special burial rate for the purpose. (20 & 21 Vict. c. 81, s. 22.) For provisions as to payment of expenses of burial boards pro- vided for united parishes, see 18 & 19 Vict. c. 128, s. 11; and of burial hoards of places not separately maintaining their own poor, Id. s. 13. Where the local authority provides a cemetery in accordance with the provisions of the Public Health (Interments) Act, 1879 (42 & 43 Vict. c. 31), the payment of the expenses incurred is regulated by the Public Health Act, 1875. XX. Provided always, that it shall be lawful for the Power to board, with the sanction of the vestry and the approval money, with of the Commissioners of Her Majesty's Treasury, to vestry°and borrow any money required for providing and laying out of P the Val any burial ground under this Act, and building a chapel trea8Ur y- or chapels thereon, or any of such purposes, and to charge the future poor rates of the parish with the payment of such money and interest thereon [provided that there shall be paid in every year, in addition to the interest of the money borrowed and unpaid, not less than one- twentieth of the principal sum borroived, until the whole is discharged] . The sanction of the vestry, if improperly withheld, may upon representation by the burial board be dispensed with by warrant of a Secretary of State. (18 & 19 Vict. c. 128, s. 6.) The words between brackets are repealed by 20 & 21 Vict. c. 81, s. 18. That Act applies the mortgage clauses of the Commissioners Clauses Act, 1847, to loans by burial boards (s. 19), provides for the establishment of a sinking fund in lieu of payment by annual F 98 The Burial Act, 1852. Note to instalments (s. 20), and empowers burial boards to borrow on ter- Sect. 20. nunable annuities instead of on mortgage (s. 21). — — ' 17 & 18 Vict. c. 87, empowers burial boards to borrow money at lower rates of interest to pay off securities bearing a higher rate (s. 4), and to borrow money to pay off former mortgages (s. 5). The borrowing powers of burial boards in the metropolis, as defined in the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), are regulated by the Metropolitan Board of Works (Loans) Act in force for the time being. Acts bearing this title, and varying very slightly in respect of loans to burial boards, have been passed annually since 1875. (38 & 39 Vict. c. 65.) By these Acts the Metropolitan Board of Works is empowered to lend to the various metropolitan burial boards such sums of money, not exceed- ing a certain aggregate amount, as the burial boards may desire or be authorized to borrow. Money lent under these Acts is, notwith- standing anything in any other Act, to be repaid as these Acts provide, so that the special provisions of the Burial Acts with regard to the repayment of loans by burial boards, do not apply to loans from the Metropolitan Board of Works to the metropolitan burial boards. Local authorities acting under the provisions of the Public Health (Interments) Act, 42 & 43 Vict. c. 31, may borrow money for the purposes of that Act in accordance with the provisions of the Public Health Act, 1875, sects. 233—244. The Public XXI. The commissioners for carrying into execution OommiB- an Act of the session holden in the fourteenth and fifteenth advance ' years of Her Majesty, chapter twenty-three, "to autho- the^urposes rize for a further period the advance of money out of the of this Act. Consolidated Fund to a limited amount for carrying on public works and fisheries and employment of the poor," and any Act or Acts amending or continuing the same, may from time to time make to the burial board of any parish for the purposes of this Act any loan under the provisions of the recited Act, or the several Acts therein recited or referred to, upon security of the rates for the relief of the poor of the parish. The Act 14 & 15 Vict. c. 23, is repealed by the "Public Works Loans Act, 1875," 38 & 39 Vict. c. 87, which by sects. 10, 11, provides that the interest on any loan shall not be less than 5 per cent, per annum, unless a lower rate is authorized by the special Act relating to such loan ; and that if no period within which a loan shall be repayable is mentioned in the special Act, it shall be repayable by instalments within 20 years. ^lucd 7 * d XXII. The money raised for defraying such expenses, the income and the income arising from the burial ground provided expenses. [General] 15 S 16 Vict. c. 85. 99 for the parish, except fees payable to the incumbent, Sect. 22. clerk, and sexton of the parish, and the other fees herein arism TJ rom directed to be otherwise paid, shall be applied by the bl ! rial board in or towards defraying the expenses of such board be applied • -i-i *• towards under this Act ; and whenever, after repayment of all defraying moneys borrowed for the purposes of this Act in or for any parish and the interest thereof, and after satisfying all the liabilities of the board with reference to the execu- tion of this Act in or for the parish, and providing such a balance as shall be deemed by the board sufficient to meet their probable liabilities during the then next year, there shall be at the time of holding the meeting of the vestry at which the yearly report of the auditors shall be pro- duced any surplus money at the disposal of the board, they shall pay the same to the overseers, in aid of the rate for the relief of the poor of the parish. The " other fees herein directed to be otherwise paid " are such as may be payable to the churchwardens of any parish, or to trustees, for or towards the payment of the incumbent's stipend, or any other parochial purpose, or the discharge of any debt or liability, which by sect. 36 are to be received by the burial board and paid to the parties entitled to receive the same. By 23 & 24 Vict. c. 64, s. 3, any surplus income, in case of local boards of health or improvement commissioners constituted burial boards, is to be applied in aid of the general district or improve- ment rate. Under the provisions of the Burial Acts, a burial board practically carries on the business of burying the dead for the benefit of the parish; and any surplus remaining in its hands after paying ex- penses is, notwithstanding the provision in this section that it shall be paid to the overseers in aid of the poor rate, a " profit " within the meaning of 5 & 6 Vict. c. 35, s. 60. The burial board is con- sequently liable to be assessed to the income tax in respect of such surplus. {Paddlngton Burial Board v. Commissioners of Inland Revenue, 13 Q. B. D. 9 ; 53 L. J. Q. B. 224 ; 50 L. T. 211 ; 32 W. R. 551 ; 48 J. P. 311.) XXIII. The vestries of any parishes which shall have Vestries of • -i i • n i 7 1- parishes respectively resolved to provide burial grounds under this may concur Act may concur in providing one burial ground for the aburtal ' common use of such parishes, in such manner, not incon- t£ea)innion sistent with the provisions of this Act, as they shall SaxiSh^ * 1 mutually agree, and may agree as to the proportions in [General] f 2 100 The Burial Act, 1852. Sect. 23. which the expenses of such burial ground shall be borne by such parishes, and the proportion for each of such parishes of such expenses shall be chargeable upon and paid out of the moneys to be raised for the relief of the poor of the same respective parish accordingly ; and, according and subject to the terms which shall have been so agreed on, the burial boards appointed for such parishes respectively shall, for the purpose of providing and managing such one burial ground, and taking and holding land for the same, act as one joint burial board for all such parishes, and may have a joint office, clerk, and officers, and all the provisions of this Act shall apply to such joint burial board accordingly ; and the accounts and vouchers of such board shall be examined and reported on by the auditors of each of such parishes ; and the surplus money at the disposal as aforesaid of such board shall be paid to the overseers of such parishes respectively in the same proportions as those in which such parishes shall be liable to such expenses. See sect. 19, ante, for payment of expenses out of poor rates, and sect. 18 for provisions as to auditors. This section provides for the joint action of distinct parishes with separate vestries. The appointment of one burial board for different parishes or places united for all or any ecclesiastical purposes, or having a common church or burial ground, or a common vestry, is provided for by 18 & lit Vict. c. 128, s. 11. and 20 & 21 Vict, c. 81, s. 9, and see Reg. r. Coles-hill, 2 B. & S. 825 ; 9 Jur. (N.s.) 226 ; 31 L. J. Q. B, 219; 7 L. T. (n.s.) 241. Affirmed on appeal, 34 L. J. Q. B. 96. For what constitutes a parish capable of uniting with other parishes in appointing a joint burial board, see Beet. 52, post, and Beg. v. Sudbury Bnrial Board, E. B. & E. 204 ; 27 L. J. Q. B. 232 ; 31 L. T. 161 ; 4 Jur. (n.s.) 948. To remedy the difficulties arising where a joint burial board acting for several parishes requires the consent or approval of the \ entries of such parishes for doing any act, it is provided by 20 & 21 Vict. C. 35, s. 2, that in the city of London the consent or approval of the major part of the vestries should be sufficient to enable the Commissioners of Sewers (constituted by sect. 43 of this Act the burial board for the city) to do anything requiring the consent or approval of the various parish vestries. And by 20 & 21 Vict. c. 81, S. 1, in the case of all joint burial boards, the consent or authority of the major part of the vestries is substituted for the unanimous consent or authority of such vestries. A joint burial board may be dissolved at any time before it has provided a burial ground. (20 & 21 Vict. c. 81, 8. 2.) 15 & 16 Vict. c. 85. 101 XXIV. For the more easy execution of the purposes of Sect. 24. ihis Act the burial board of every parish appointed under incorpora- tes Act shall be a body corporate, by the name of " The J ,',',',".; J 1 Burial Board for the parish of ( ) in the county board - of ( )," and by that name shall have perpetual [< succession and a common seal, and shall sue and be sued, and have power and authority (without any license in mortmain) to take, purchase, and hold land for the pur- poses of this Act ; and where the burial boards of two or more parishes act as and form one joint burial board for all such parishes for the purposes aforesaid, such joint board shall for such purposes only be a body corporate by the name of " The Burial Board for the parishes of and in the county of ," and by that name shall have perpetual succession and a common seal, and shall sue and be sued and have power and authority as aforesaid to take, purchase, and hold land for the purposes of this Act. There is no express statutory provision regulating service of process on a burial board, so that a writ of summons may be served upon the clerk, treasurer, or secretary of the board. R. S. C. 1883. Order 9, r. 8. A judgment or order against a burial board may be enforced in the manner provided by Order 42, r. 31. XXV. Every burial board shall, with all convenient Board to speed, proceed to provide a burial ground for the parish burial or parishes for which they are appointed to act, and to which maj make arrangements for facilitating interments therein ; without the and in providing such burial ground the board shall have parish [Gent /'"' reference to the convenience of access thereto from the parish or parishes for which the same is provided ; and any such burial ground may be provided either within or without the limits of the parish, or all or any of the parishes, for which the same is provided [but no ground not already used as or appropriated for a cemetery shall be appropriated as a burial ground, or as an addition to a burial ground, under this Act, nearer than two hundred yards to any dwelling house, without the consent in 102 The Burial Act, 1852. Sect. 25. writing of the owner, lessee, and occupier of such die elling house] . A burial board must not exceed the amount authorized by the vestry for providing and laying out a burial ground, (s. 19, ante.~) A burial board becomes owner of the burial ground provided, and is liable in respect of it as any other owner of land. Thus where a burial board planted yew trees in the burial ground, and allowed the branches to project into and over an adjoining meadow, and the plaintiff's horse, pasturing in this meadow, eat a quantity of the projecting leaves and branches and was poisoned, it was held that the burial board was liable for the damage. (Crowhurst v. Amers- ham Burial Board, 39 L. T. (n.s.) 355.) The words between brackets were practically repealed by 17 & 18 Vict. c. 87. s. 12, which enacts that they shall cease to apply, and then re-enacts them, substituting the words " one hundred yards" for "two hundred yards." They were actually repealed by 18 & 19 Vict. c. 128, s. 9, which provides that no new burial ground shall be used for burial within the distance of one hundred yards from a dwelling house without the consent recpiired by this section. For a summaiy of the provisions of the Burial Acts as to the site and position of new burial grounds, see note to 18 & 19 Vict. c. 128,s. 9, post. The limit of two hundred yards still applies to cemeteries autho- rized by any Act of Parliament which incorporates the Cemeteries Clauses Act, 10 & 11 Vict. c. 65, s. 10, and therefore applies to cemeteries provided by local authorities under the Public Health (Interments) Act, 1879, 42 & 43 Vict. c. 31. By 20 & 21 Vict. c. 81, s. 12, the burial board is required as soon as the ground is in fit and proper condition, to apply to the bishop of the diocese for the consecration thereof ; and the duty of making such application may be enforced by mandamus. (Reg. v. Attle- iorough Burial Board, Times, 12th February, 1887.) By 15 & 1G Vict. c. 85, s. 30, the bishop may consecrate the ground provided, but he is not bound, nor can he be compelled to do so. By the same section the board is required to set apart a portion of the ground which shall not be consecrated ; and, by 16 & 17 Vict, c. 134, s. 7, such division of the ground is to be made in such pro- portions, and the unconsecrated part thereof to be allotted in such manner and in such portions as shall be sanctioned by a Secretary of State. The division between the consecrated and unconsecrated portions of the ground is to be markea by boundary marks of iron or stone. (20 & 21 Vict. c. 81, s. 11.) Or instead of dividing the ground into consecrated and unconsecrated portions, the board may, by 20 & 21 Vict. c. 81, s. 3, provide separate and distinct grounds, to he used respectively as consecrated and unconsecrated ground. I'.y 18 & L9 Vict. c. 128, s. 10, on a unanimous resolution of the vestry, the new burial ground may be conveyed and settled in like manner, and subject to the same laws and regulations as the exist- ing burial ground or churchyard of the parish, in which case no portion need be set apart to remain unconsecrated ; but at any time within ten years the vestry may resolve to provide, in addition, a separate unconsecrated ground. By 20 in 21 Vict. c. 81, s. 7, the burial board may take over a 15 cB 16 Vict. c. 85. 103 burial ground provided under the Church Building Acts, for which Note to money has been borrowed on the security of the church rates ; and, Sect. 25. with the consent of the vestry, may enlarge the same by the addi- tion of unconsecrated ground. 15 & 16 Vict. c. 85, s. 26, enables the burial board (with the approval of the vestry) to purchase land of cemeteries, or to contract with cemetery owners for the interment of the bodies of persons who would have had rights of interment in the parish burial ground. And by 20 & 21 Vict. c. 81, s. 26, a burial board may, with the like approval, purchase a closed cemetery for the purpose of erecting buildings thereon, or of making approaches to the new burial ground. By 15 & 16 Vict. c. 85, s. 29, the burial board may, with the con- sent of the persons therein mentioned, appropriate for the purposes of a burial ground land belonging to the parish, or to any charity in the parish. The guardians of a parish or union are authorized by 20 & 21 Vict. c. 81, s. 6, with the consent of the Local Government Board, to provide a separate burial ground for paupers ; and by 13 & 14 Vict. c. 101, s. 2, to contribute out of the poor rates such sum of money as the Local Government Board may approve towards enlarging any churchyard, or enlarging or obtaining any conse- crated public burial ground in the parish in which the workhouse is situated, or in any other parish of the union. By sect. 42, post, burial boards are empowered to provide mortuaries, and for that purpose to exercise all the powers vested in them under their Act for providing burial grounds. By 41 & 42 Vict. c. 42, post, the burial board is required to redeem any tithe rent-charge existing upon the land taken for a burial ground at twenty-five years' purchase. XXVI. For the providing such hurial ground it shall Board may, be lawful for the burial board, with the approval of the approval . . of vestry, vestry or vestries of the parish or respective parishes, to purchase contract for and purchase any lands for the purpose of cemeteries. forming a burial ground, or for making additions to any iGenerai] burial ground to be formed or purchased under this Act, as such board may think fit, or to purchase from any company or persons entitled thereto any cemetery or cemeteries, or part or parts thereof, subject to the rights in vaults and graves, and other subsisting rights, which may have been previously granted therein : provided always, that it shall be lawful for such board, in lieu of providing any such burial ground, to contract with any such company or persons entitled as aforesaid for the interment in such cemetery or cemeteries, and either in any allotted part of such cemetery or cemeteries or other- 104 The Burial Act, 1852. Sect. 26. wise, and upon such terms as the burial board may think fit, of the bodies of persons who would bave had rights of interment in the burial grounds of such parish or respective parishes. For the various modes in which the burial board may provide a burial ground, see note to section 25, ante. Power is conferred upon burial boards by sect. 28, post, to sell superfluous lands, with the approval of the vestry ; and by 18 & 19 Vict. c. 128, s. 17, power is also given them, subject to the sanction of a Secretary of State, to let superfluous lands which have not been consecrated ; provided in either case that no interments have taken place in the land so sold or let. By section 41 burial boards may make arrangements with cemetery companies for conveying dead bodies to the burial ground. If a burial board purchase lands for a burial ground in a dif- ferent parish from that for which such burial ground is provided, the persons ultimately liable to pay for keeping such burial ground in repair, if closed by Order in Council, are the ratepayers of the parish in which such burial ground is situate, not those of the parish for which the burial ground was provided. (18 & 19 Vict. c. 128, s. 18. See Reg. v. Bishop Wearmouth, 5 Q. B. D. 67.) As to Jhe necessity of obtaining the approval of the vestry under this section, see note to 18 & 19 Vict. c. 128, s. 6,2>ost. Certain provisions of 8&9 Vict. c. 18, incor- porated with this Act. [General] XXVII. " The Lands Clauses Consolidation Act, 1845," except the provisions of that Act "with respect to the purchase and taking of lands otherwise than by agreement," "with respect to the recovery of forfeitures, penalties, and costs," "with respect to lands acquired by the promoters of the undertaking under the provisions of the ' Lands Clauses Consolidation Act, 1845,' or the special Act, or any Act incorporated therewith, but which shall not be required for the purposes thereof," and ' ' with respect to the provision to be made for affording access to the special Act by all parties interested," shall be incorporated with this Act ; and for the purposes of this Act the expression " the promoters of the under- taking," wherever used in the said Lands Clauses Consoli- dation Act, shall mean any such burial board. For the portions of the Lands Clauses Consolidation Act, 1845, incorporated herewith, see post. 15 d 16 Vict. c. 85. 105 XXVIII. It shall be lawful for any such board, with Sect. 28. the approval of the vestry, to sell and dispose of any Power to lands purchased by them under this Act, or any part not wanted, thereof, in which no interment shall have taken place, [General] and which it may appear to the board may be properly sold or disposed of; and for completing and carrying any such sale into effect such board may make and execute a conveyance of the lands sold and disposed of as aforesaid unto the purchaser, or as he shall direct ; and such con- veyance shall be under the hands of at least two of the members of the board, and under the seal of the board ; and the word " grant " in such conveyance shall have the same operation as by the said Lands Clauses Consolida- tion Act, 1845, is given to the same word in a convey- ance of lands made by the promoters of the undertaking ; and a receipt under the hands of two of the members of the board shall be a sufficient discharge to the purchaser of any such lands for the purchase money in such receipt expressed to be received ; and the money to arise from such sale shall be applied to such of the purposes of this Act as the board shall think fit. If the part sold is part of a burial ground closed by Order in Council, no building can be erected thereon except for the purpose of enlarging a place of worship. (47 & 48 Vict. c. 72, s. 3, post.') Under the provisions of a local Act, part of a consecrated cemetery, which it was supposed had not been used for interments, was sold for building purposes. It was afterwards found that it had been at one time used for burials, and on the representation that the number of bodies buried therein did not exceed twenty, a facidty was obtained for the removal of the bodies and the decent interment of them elsewhere. Subsequently 400 or oOO more coffins were found and removed from the spot. Held, that the powers conferred by the faculty had been exceeded ; that the faculty must be withdrawn, and the bodies decently re-interred in the places from which they had been taken. (>?. Paneras v. St. Martin-in-the-Fields, (J Jur. (n.s.) 540.) By 18 & 19 Vict. c. 128, s. 17, a burial board may, with the sanction of a Secretary of State, let superfluous land which has not been consecrated, and in which no interment has taken place ; and by 20 & 21 Vict. c. 81, s. 24, trustees of unconsecrated land or buildings vested in them for the purposes of a cemetery or burial ground, and closed by Order in Council, may, with the sanction of a Secretary of State, sell or let any part or parts thereof in which no interments shall have taken place. F 3 106 The Burial Act, 1852. Note to Sect. 28. Burial board may, with approval of vestry, &c, appro- priate land belonging to parish. [General] By the Metropolitan Open Spaces Acts, 40 & 41 Vict. c. 35, and 44 & 45 Vict. c. 35, disused burial grounds in the metropolis may be conveyed to the local authority to be preserved as open spaces. For sect. 132 of the Lands Clauses Consolidation Act, 1845, defining the word "grant," seejwst. XXIX. Provided always, that any burial board under this Act, with the approval of the vestry and of the guar- dians of the poor of the parish (if any), and of the Poor Law Board, may from time to time appropriate for the purposes of a burial ground for such parish, either alone or jointly with any other parish or parishes, any land vested in such guardians, or in the churchwardens, or in the churchwardens and overseers of the parish, or in any feoffees, trustees, or others, for the general benefit of the parish, or for any specific charity : Provided always, that where any land so taken and appropriated shall be subject to any charitable use, such lands shall be taken on such conditions only as the Court of Chancery in the exercise of its jurisdiction over charitable trusts shall appoint and direct. The Chancery Division of the High Court will not entertain any application under this section in respect of lands subject to a charitable use unless the Charity Commissioners have previously given their sanction to the application being made, although it is not necessary that they should approve of the application being granted. (Ex parte The Watford Burial Board, 2 Jur. (N.S.> 1045.) By 34 & 35 Vict. c. 70, s. 2, the Local Government Board is sub- stituted for the Poor Law Board. The sanction of the Local Government Board is not required if the burial board is a town council, and the land appropriated belongs to the borough or to trustees of a charity. (17 & 18 Vict. c. 87, s. 11.) Board may lay out burial ground, and build a' chapel, for perform- ance of burials according to rit' I blished Church. [General] XXX. It shall be lawful for any burial board to lay out and embellish any burial ground provided by such board in such manner as may be fitting and proper, and to build on any land to be purchased or appropriated for a burial ground under this Act, and according to a plan to be approved of by the bishop of the diocese, a chapel for the performance of the burial service according to the rites of the United Church of Enyland and Ireland; and such 15 <& 16 Vict. c. 85. 107 burial ground may be consecrated by tbe bisbop of tbe Sect. 30. diocese, wben tbe same sball appear to bim to be in a fit and proper condition, for tbe purposes of interment according to tbe rites of tbe United Cburcb : provided ma^be set always, tbat in providing any burial groimd sucb board bSuding r a shall set apart a portion thereof which shall not be so cha P el > &<•'• consecrated as aforesaid, and may build thereon a suit- able chapel or chapels for the performance of funeral service. 16 & 17 Vict. c. 134, s. 7, requires that the proportions in which the burial ground must be divided into consecrated and uncon- secrated parts shall receive the sanction of a Secretary of State. It is also provided by 20 & 21 Vict. c. 81, s. 11, that no wall or fence shall be necessary between the consecrated and unconsecrated parts, but that boundary marks of stone or iron shall be maintained sufficient to mark the division. In Reg. v. Tiverton Burial Board, 31 L. T. (o.s.) 233, decided in 1858, after the passing of 20 & 21 Vict. c. 81, it was held on demurrer to a return to a mandamus issued before that Act, that the division between the consecrated and unconsecrated portions was sufficiently marked by a wall twelve inches high. If in accordance with the provisions of 18 & 19 Vict. c. 128, s. 10, the new burial ground is, by the unanimous resolution of the vestry, conveyed and settled to be held in the same manner as the existing churchyard of the parish, no portion of it can be set apart as unconsecrated under tins section. There is no obligation on the bishop to consecrate, even if the burial ground is in a fit and proper condition ; but by 20 & 21 Vict. c. 81, s. 12, the burial board is required to apply to him for con- secration. By that section an appeal lies to the archbishop on the refusal of the bishop ; and if the bishop, after direction from the archbishop, still refuses to consecrate, the archbishop may license the burial ground for interment, and such license shall legalize the use thereof for all purposes as if it had been consecrated. By 20 & 21 Vict. c. 81, s. 13, a Secretary of State may, prior to consecration of the burial ground, certify that the necessary pro- visions of the Burial Acts have been complied with ; and thereupon it shall be lawful for the incumbent of the parish or his deputy, if he think Jit, to bury in it prior to the decision of the bishop or archbishop. The fees payable on consecration of a burial ground are regu- lated by a table of fees settled in accordance with the provisions of 30 & 31 Vict. c. 135, by the Lord Chancellor and the two arch- bishops ; see post. By the scheme of legislation contained in this Act it was intended to substitute the burial ground for the old parochial churchyard, and to place it as far as possible in the same position with regard to the employment of the religious rites and cere- monies, and the ordinary usages and observances of burials in accordance with the practice of the Church of England. The 108 The Burial Act, 1852. Note to chapel provided by the burial board in the consecrated part of the Sect. 30. burial ground is for the purpose of divine service at funerals a sub- stitute for the parish church. (Burial Board of St. Margaret, Rochester, v. Thompson, L. R. 6 C. P. 445 ; 50 L. J. C. P. 213 ; 24 L. T. 673 ; 19 W. K. 892.) If the burial board builds a chapel on the consecrated ground, it must also build chapel accommodation on the unconsecrated ground (16 & 17 Vict. c. 134, s. 7), unless, upon a representation by three- fourths of the vestry, a Secretary of State shall declare it un- necessary. (18 & 19 Vict. c. 128, s. 14.) By 18 & 19 Vict. c. 128, s. 16, separate burial boards, whose burial grounds adjoin, may concur in building a chapel for their joint use in either of the burial grounds, or partly in one and partly in the other ; or a burial board may, with the sanction of a Secretary of State, contract with a burial board already having a chapel in an adjoining burial ground for the use of such chapel. 32 & 33 Vict. c. 42, s. 69, enacts that " in all enactments, deeds, and other documents in which mention is made of the United Church of England and Ireland, the enactments and provisions relating thereto shall be read distributive]}' in respect to the Church of England and the Church of Ireland ; but as to the last-mentioned Church, subject to the provisions of this Act." By 43 & 44 Vict. c. 41, ss. 1, 6, persons other than ministers of the Church of England can now conduct or take part in any Christian and orderly religious burial service in consecrated ground ; and, by sect. 12 of the same Act, ministers of the Church of England are permitted to officiate in unconsecrated ground. board may XXXI. Any burial board may from time to time enter con - t k*t t be va ^° an y con tract with any persons or companies for done. building any chapel or chapels as aforesaid, and inclosing, [Genei-al] laying out, and embellishing any burial ground, and for furnishing any materials and things, and for executing and doing any other works and things necessary for the purposes of this Act ; which contracts respectively shall specify the several works and things to be executed, fur- nished, and done, and the prices to be paid for the same, and the times when the works and things are to be executed, furnished, and done, and the penalties to be suffered in cases of non-performance ; and all such con- tracts, or true copies thereof, shall be entered in books to atwyBMiM* be kept for that purpose : provided always, that no con- to be tract above the value or sum of one hundred pounds shall 'Hired , x into be entered into by such burial board, for the purposes of notice. this Act, unless previous to the making thereof fourteen 15 <& 16 Vict. c. 85. 109 days' notice shall be given in one or more of the public Sect. 31. newspapers published in the county or counties in which the parish or respective parishes shall be situated, expressing the intention of entering into such contract, in order that any person willing to undertake the same may make proposals for that purpose, to be offered to the burial board at a certain time and place in such notice to be mentioned, but it shall not be incumbent on the burial board to contract with the person offering the lowest price. As this section requires all contracts to specify the several works and things to be done, and copies thereof to be entered in books, it follows that all contracts entered into by burial boards must be in writing, and must consequently be under the seal of the board, which is incorporated by sect. 24. A parol contract, or a con- tract not under seal, would, therefore, not be enforceable either by or against the board. (Hunt v. Wimbledon Local Board, 4 C. P. D. 48 ; 48 L. J. C. P. 207 ; 40 L. T. 115 ; 27 W. R. 123, and cases then cited.) Except, perhaps, where the amount of the con- tract is sufficiently small to bring the case within the principles applied in Nicholson v. Bradfield Union, L. R. 1 Q. B. 620 : 35 L. J. Q. B. 176 ; 14 W. R. 731 ; 14 L. T. (n.s.) 830 ; Clarke v. Cuckjield Union, 21 L. J. Q. B. 349 ; 16 Jur. 686 ; and Church v. Imperial Gas Light Company, 6 A. & E. 846, viz., that where the contract has been executed, and the work done or the goods supplied is or are incidental and necessary to the purposes for which the corporation is created, the contractor may recover against the corporation, though the contract is not under seal. The provision as to contracts above 100Z. would seem from the judgment in Nowell v. Worcester {Mayor of), 9 Ex. 457 : 2 C. L. R. 981 ; 23 L. J. Ex. 139 ; 18 Jur. '64, decided upon sect. 12 of 11 & 12 Vict. c. 63, to be directory only, and not a condition precedent to the right to contract, so that the board could sue and be sued upon a contract made by it without having observed this provision, though its non-observance might affect the right of the board to charge the amount of the contract on the poor rates, which by sect. 19, ante, can only be done when the expenses so charged are incurred "in carrying this Act into execution." XXXII. From and after the consecration as aforesaid of JJJjJ^ to any burial ground provided under this Act (except any bethe portion thereof intended not to be so consecrated), or ground of r .,ii .the pariah where all or any part of such burial ground, by reason ot or parishes 7 , , , j i ii . for which the same having been already consecrated, snail not u is pro- vided. require to be consecrated, then from and after such time as the bishop of the diocese shall appoint, such burial HO The Burial Act, 1852. Sect. 32. ground shall be deemed the burial ground of the parish for which the same is provided, and where the same is provided for two or more parishes such burial ground shall be in law as if such parishes were one parish, and as if such burial ground were the burial ground of such one parish ; and every incumbent or minister of the parish or of each of the parishes (as the case may be) for which such burial ground is provided shall, by himself and his curate, or such duly qualified persons as such incumbent or minister may authorize, perform the duties and have the same rights and authorities for the performance of religious service in the burial in such burial ground, or in the consecrated portion thereof, of the remains of parish- ioners or inhabitants of the parish of which he is such incumbent or minister, and shall be entitled to receive the same fees in respect of such burials which he has pre- viously enjoyed and received ; and the clerk and sexton of such parish or of each of such parishes shall (when neces- sary) perform and exercise the same duties and functions in respect of the burial of the remains of parishioners or inhabitants of the parish of which he is clerk or sexton in such burial ground or the consecrated portion thereof, and shall be entitled to receive the same fees on such burials, as he has previously performed and exercised and received, as if such burial ground were the burial ground of the respective parish of such incumbent or minister, clerk and sexton respectively; and the parishioners and inhabitants of such parish or of each of such parishes shall have the same rights of sepulture in such burial ground as they respectively would have had in the burial ground or burial grounds in and for their respective parish, subject never- theless to the provisions herein contained. By this section the burial ground provided by the board takes the place of the parish churchyard. Every parishioner has by common law a right to be buried in the churchyard of the parish Qltetj. v. Coleridge, 2 B. & Aid. 806) ; so, it seems, has every " inhabitant " of the parish, but difficulty has been found in detennining who is an inhabitant, — a word which has no definite legal meaning, but varies in its import according to the 15 & 16 Vict. c. 85. Ill subject-matter to which it is applied. (Req. v. MasMter, 6 A. & E. Note to 153.) Sect, 32. In Attorney- General v. Parker, 3 Atk. 570, Lord Hardwicke says : " Parishioner is a very large word, takes in not only inhabi- tants of the parish, but persons who are occupiers of lands, that pay the several rates and duties, though they are not resiant, nor do con- tribute to the ornaments of the church. Bihaoitavts is a still larger word, takes in housekeepers, though not rated to the poor ; takes in also persons who are not housekeepers, as, for instance, such who have gained a settlement, and by that means become inhabitants.'' Lord Coke says upon the word inhabitants in the Statute of Bridges (22 Hen. 8, c. 5, s. 3), 2 Inst. 702, that it is "the largest word of this kind ;" and, p. 703, that "every person that dwelleth in any shire, riding, city, or town corporate, though he hath but a personal residence, yet is he said in law to lie an inhabitant or dweller there, as servants." But casual sojourners are not inhabitants, such as a mere lessee of a market stall, or if a man take up his lodging for a week in a town. In Topsail v. Ferrers, Hob. 175, a person merely passing through a parish, or lying there for a night, was said not to be a parishioner or inhabitant for purposes of burial. Generally it would appear that, besides parishioners, all persons who were dwelling in the parish at the time of their death, animo morand ; , as well a* their servants, have a right to be buried in the churchyard. So that if buried in a burial ground provided under these Acts the ordinary fee, and not the extraordinary fee for a non-parishioner, should be charged. For definition of "incumbent," see sect. 52, post. The incumbent, clerk, and sexton are not entitled to fees in respect of burials in the unconsecrated portion of the burial ground. (20 & 21 Vict. c. 81, s. 17.) The right of the incumbent to burial fees upon the burial of a person in the consecrated part of the burial ground without the rites of the Church of England, under 43 & 44 Vict. c. 41, ss. 1, 6, is reserved to him by sect. 5 of that Act. By sect. 37, post, the vestry may, with the consent of the bishop, revise and vary the fees payable to the incumbent, clerk, and sexton, or substitute an annual stipend to be payable to them respectively in lieu of fees. By the interpretation clause (sect. o2,j)os£), it is provided that any dispute in respect of the right to receive fees between two or more persons claiming to be the " incumbent or minister," shall be determined by the bishop of the diocese. By 20 & 21 Vict. c. 81, s. 16, the officiating minister is released from the necessity of forwarding to the rector, vicar, or other minister of the particular parish in which the burial ground is situated, a certificate of burial as provided by 52 Geo. 3, c. 146. s. 4. Under this section parish clerks and sextons are entitled to per- form, when necessary (i.e., from time to time whenever a burial takes place in consecrated ground), the same functions and duties, and to receive the same fees therefor, in respect of the burial- >1 parishioners and inhabitants of the parishes of which they are clerks and sextons, in the new burial grounds provided by burial boards under the Burial Acts, as before such new burial grounds were pro- vided, and the burial boards cannot deprive them of such fees by 112 The Burial Act, 1852. Note to appointing: other ]>ersons to do their duties. (Gtll v. Birmingham, Sect. 32. 10 L - T - <>•*■) *97.) For the rights of a sexton to fees in a district parish, see 20 & 21 Vict. c. 81. s. 5,j)ost, and Ormerodv. Blackburn. 28 L. T. 438; 21 W. R. 539. Where a township which was a parish within the meaning of the interpretation clause was. before the passing of this Act, divided into two ecclesiastical district-; under the provisions of the Church Building Acts, with separate burial grounds, and subsequently a third ecclesias- tical district, without a separate burial ground, was formed out of one of these districts, and both burial grounds having been closed by Order in Council, a new burial ground was provided under this Act for the whole town-hip. it was held that each incumbent of the two original districts was entitled to the burial fees in respect of the burial service performed by him in the burial ground provided under this Act to which he would have been entitled before the Act if any deceased person had been buried in the burial ground attached to his district, the incumbent of the district from which the third district with< »ut a separate burial ground had been formed being entitled to the fees from such third district. (.Bay v. Peacock, 34 L. J. C. P. 225 : 12 L. T. (x.s.) 571 ; is C. B. (x'.S.) 702; 11 Jur. (x.s.) 428; 13 W. K. 717.) The Burial Acts do not give or confer upon the vicar of a parish claiming an undefined interest in an adjoining district, of which he is not "• incumbent." any right to receive fees for the performance of the burial service over the remains of the inhabitants of such district buried within a cemetery established therein, when no fees have ever I 'ecu paid to the vicar for such service. Where a church has a burial ground in which persons dying within the parish or ecclesiastical district attached to the church could only have been buried by purchase, and not as of right, the incumbent will not be entitled to any burial fees in a burial ground provided under the Burial Acts. (Hornhi/ v. Burial Board of Toxteth Park. 8 Jur. (x.s.) 531 : 31 L. J. Ch. 643 : 31 Bear. 52.) In that case a portion of the ancient parish of Walton had its own overseers, and separately maintained its own poor, under the name of Toxteth Bark, so a< to be a distinct parish under sect. 52 of this A : . The vicar of Walton treated this district as extra-parochial, and only buried its inhabitants in the Walton churchyard on payment of higher fees than those charged for the burial of parishioners. Toxteth l'ark contained three churches, of which one. St. .lames, had an ecclesiastical district, part of Toxteth Park, ssign ( >rder in Council. St. James also had a burial ground established by the local Act providing for the building of the church, in which sepulture could l>e purchased by any of the public, but could not be claimed as of right by any inhabitant of Toxteth Bark, or of the ecclesiastica] district assigned to St. James. Another church, S Michael, had no district attached to it, but had a burial ground differing only from that of St. James in the fact that a local Act provided that one-fourth of it should be reserved for the burial of the poor dying within one mile from the church. The third church, provided under the Church Building Acts, had a district, but no burial ground. Half the burial fees received by the incumbents of the churches having burial grounds were, by the local Acts, payable to the vicar of Walton. A burial board was appointed and a burial 15 & 16 Vict. c. 85. 113 ground provided under the Burial Acts for the whole of Toxteth Note to Park. On a bill being filed by the vicar of Walton and the incuni- Sect. 32. bents of the three Toxteth Park churches for a declaration that they or one or some of them were, collectively or separately, entitled to the fees on burial- in the new burial ground, it was held thai none of them were so entitled; the vicar of Walton because Toxteth Park was a separate parish under the Burial Acts, and he, therefore, was not incumbent of the parish, and the incumbents of the Toxteth Bark churches on the ground that, as the inhabitants were never entitled as of right to be buried in either of the old burial grounds, the incumbents had never previously been entitled to fees for their burial. The parish of Walton, which included the township of West Derby, had an ancient churchyard, fees being by custom payable to the vicar (as distinguished from the rector) for burials therein. By the Walton Rectory Act, 1843, the township of West Derby was made a separate parish and rectory. It comprised three chapel- of ease with consecrated cemeteries attached, which, prior to the separation, had been provided for the parish of Walton. The sentences of consecration of such chapels and cemeteries (one of them confirmed by Act of Parliament) provided that double fees should be paid for burials in the cemeteries, one-half of which should go to the vicar of Walton and the other half to the curates of the respective chapels. None of the chapels had any district attached to them. No special provision was made in the Walton Rectory Act as to the burial fees in the cemeteries, but the rector or incumbent of West Derby was to have the surjil ice fees arising within the new rectory. The plaintiff became rector of West Derby in 1847, and there was some evidence that for a short time he received one-half of the fees from one of the three cemeteries. The parish of West Derby had separate overseers of the poor, and separately maintained its own poor. Burials continued to take place in the three cemeteries, which had never been closed. In 1884 a burial board was appointed for the parish of West Derby, .and a burial ground provided for the parish. The burial board employed various clergymen to perform the burial service in the new burial ground, and paid them for their services when required. The plaintiff, as rector of West Derby, claimed the right of per- forming all burial services in the burial ground, and the fees pay- able in respect thereof. Held, that the plaintiff, being rector of the parish, was entitled and bound to perform the services, and was entitled to have the rights and authorities incidental to the duties performed by him, and was entitled to receive all such fees as the burial board might themselves collect or receive in respect of such duties. But no opinion was expressed whether he was entitled to monumental fees, or whether the burial board had any right to receive or demand burial fees for or on behalf of the rector. And it was declared that the plaintiff himself had no right to demand burial fees directly for the burial of any parishioner. (Steicart v. West Derby Burial Board, 34 Ch. D. 314.) The incumbent of a " new parish " under Lord Blandford's Act (19 & 20 Vict. c. 104) is, by virtue of sect. 5 of 20 & 21 Vict.c. 81. entitled to the burial fees on the resignation of the incumbent of the original parish. (Cronshaw v. Wigan Burial Board, L. R. 8 Q. B. 217; 42 L. J. Q. B. 137; 28 L. T. (N.S.) 283.) 114 The Burial Act, 1852. Note to In the year 1823 a piece of ground in the parish of St. Margaret, Sect. 32. Leicester, was purchased and conveyed to the commissioners for build- ing new churches, who erected a chapel on part of it, and enclosed the remainder for a burial ground. In 1827 the chapel and burial ground were consecrated. In 1828 an Order in Council was made and published, whereby, after reciting the 16th section of 58 Geo. 3, c. 45, whicli empowers the commissioners to divide populous parishes into two or more distinct and separate parishes, also reciting the 21st section of that statute, which empowers the commissioners to divide populous parishes into ecclesiastical districts, also reciting that the commissioners had made a representation to the Crown respecting the increase of population and insufficient church accommodation in the parish, also reciting that it appeared to the commissioners expedient that an ecclesiastical district should be assigned to the new chapel under the provisions of the 59 Geo. 3, c. 134, and that the consent of the bishop had been obtained, His Majesty ordered that the proposed division should be made and effected according to the provisions of the said Acts. The boun- daries of the district were didy enrolled under the 58 Geo. 3, c. 143, s. 22. No Order in Council was made respecting the performance of the offices of the Church in the said chapel, or the appropriation of the fees payable in respect thereof, nor did the commissioners make any order as to whether the fees for burials, &c, were to be reserved to the incumbent of the parish or assigned to the curate of the chapel, or whether burials, &c, should be performed in such chapel. In the year 1848, the Corporation of Leicester established a cemetery within the borough under the provisions of 11 Vict. c. ii., by which the burial service over deceased persona removed for interment in the cemetery was to be performed by, and the fees paid to, the incumbent who might have been required to perform the service, and would have been entitled to the fees if the inter- ment had taken place in his parish or ecclesiastical district. Held, that the Order in Council was made under the 58 Geo. 3, c. 45, s. 21, and not under the 59 Geo. 3, c. 143, s. 16 ; and that, upon enrol- ment of the boundaries, the chapelry became a separate district parish for all ecclesiastical purposes ; and that, after the death of the then incumbent of the original parish, the curate of the district parish was entitled to the fees for burial, both in his parish and in respect of deceased persons removed therefrom for interment in the cemetery. (E&gell v. Jiurnaby, 8 Ex. 788 ; 23 L. J. Ex. 65.) Before the passing of 51 Geo. 3,c. cli., the incumbent or minister of the parish of St. Marylebone (which was a lay rectory), by him- self or his curates, performed the duty on all burials in the parish, and received the surplice fees thereon as part of the profits of the living. By that Act the vestry of the parish were empowered to provide an additional cemetery for the parish and erect a chapel thereon, and by sect. 41 the lay rector was empowered to appoint a burying minister to officiate in burying the dead in the said cemetery, and a reader and preacher for the chapel, such reader and preacher to receive such salaries as the vestry should appoint. By sect. 89, nothing therein contained was to lessen or alter the title of the lay rector, or the person for the time being entitled to the rectory and advowson, to the ecclesiastical dues, oblations, and obventions belonging thereto. By a subsequent Act (1 & 2 Geo. 4, 15 £ 16 Vict. c. 85. 115 c. xxi.), for effectuating the building of four district churches Note to within the parish, it was enacted that the parish should remain and Sect. 32. be one entire and undivided parish for all ecclesiastical and civil purposes, and the plaintiff was subsequently appointed rector of the parish. By the 6 Geo. 4, c. cxxiv. (whereby the four districts were made district rectories for certain purposes), the district rectors were empowered to solemnize marriages and baptisms, and take fees for the same, but nothing therein was to alter or affect the law respect- ing burials or burial fees within the parish. In 1824, W. was pre- sented by the Crown (in whose hands the lay rectory then was) to the chapel built under the provisions of 51 Geo. 3, c. cli., and thenceforth performed all the burials there and received the burial fees, which he paid over to the plaintiff, the rector, until 1839, when the defendant, by direction of the vestry, received and retained them. Held, that the plaintiff was entitled to recover the amount of such fees in an action for money had and received. (Spry v. Emperor, 6 M. & W. 639.) By the same Act (51 Geo. 3, c. cli.) the vestrymen of the parish of St. Marylebone were empowered to settle the rates and fees for burial in the cemetery, and to borrow upon the credit of such rates and fees. In 1733, the then minister and the parish referred to a third party the settlement of the minister's fees, and a table of fees was accordingly prepared by the referee. From that time to 1838 a fee of Is. 6d. was paid by the parish officers to the rector for the burial of a pauper in any of the cemeteries of the parish, and from 1835 to 1847 the fee of Is. 6d. had been paid to the rector, and a fee of Is. to the clerk and sexton, in pursuance of a further table of fees settled by the vestry, in which was the item, " Paupers from the workhouse, 2s. 6d" The defendant had given orders for the burial of certain paupers in a cemetery of the parish, and the service was not performed by the rector of St. Marylebone or any of his curates, but by the reader of one of the chapels in the parish. In an action by the rector to recover his fees for the burial of the said paupers, it was held that such fees could only be due by immemorial custom or by some Act of Parliament, that an imme- morial custom was neither stated nor proved, and that they were not due by the Act of Parliament. (Spry v. Gallop, 16 M. & W. 716; 16 L. J. Ex. 218.) By the South Metropolitan Cemetery Company's Act (6 & 7 Will. 4, c. xxix.), it was provided that certain burial fees should be paid by the company to the incumbent of the parish or other ecclesi- astical district or division from which anybody should be removed for interment in the cemetery, and directed that a portion of such fees shoidd be paid over to the churchwardens or chapclwardens, to be by them applied among the persons entitled by law or custom to share in the burial fees receivable in such parishes or districts by the churchwardens or chapelwardens. In an action by the rector of the mother parish to recover the burial fees for the whole parish, it was held that the fees in respect of interments from a district which had been created out of the mother parish since the Cemetery Ah . under an Order in Council conferring powers of marrying, churching, and baptizing, but silent as to burials, were payable to the incumbent of such district, and not to the incumbent of the mother parish, (Vaughan v. South Metropolitan Cemetery Company, 1 J. & H. 110 The Burial Act, 1852. Note to 256 5 7 Jm - (N.S.) 159 ; 30 L. J. Ch. 265 ; 9 W. R. 228 ; 3 L. T. Sect 32 ( N - s -) 727 ; Bowyer v. Stantial, 3 Ex. D. 315 ; 38 L. T. (n.s.) 271.) The provisions in this section with reference to fees payable to an incumbent, clerk, or sexton, are repealed by 20 & 21 Vict. c. 35, s. 3, post, so far as they apply to parishes situated within the city of London or the liberties thereof. Board may XXXIII. Any burial board, under such restrictions and sive rights conditions as they think proper, may sell the exclusive vanitV'aud right of burial, either in perpetuity or for a limited period, erect monu- m anv P ar ^ °f anv burial ground provided by such board, ments. an( j a i g0 ^ e r jg^t f constructing any vault or place of burial with the exclusive right of burial therein in per- petuity or for a limited period, and also the right of erecting and placing any monument, gravestone, tablet, or monumental inscription in such burial ground, but there shall be payable to the incumbent or minister of the parish out of the fees or payments to be paid in respect of any rights acquired under this enactment in the consecrated part of such burial ground (in lieu of the fees or sums which he would have been entitled to on the grant of the like rights in the burial ground of his parish), such fees or sums as shall be settled and fixed by the vestry with the approval of the bishop of the diocese, or if no such fees or sums shall have been so settled then such fees as he would by law or custom have been entitled to on the grant of the like rights in the burial ground of his parish. Under this section a burial board may grant a grave space to the grantee and his heirs, and the title to the burial rights under such grant will descend to the heirs of the grantee, and will not be vested in all members of the family of the grantee. (Matthews v. Jeffrey, 6 Q. B. D. 290 ; 50 L. J. Q. B. 164 ; 29 W. K. 282 ; 43 L. T. 796 ; 1") J. P. 361.) But the grant may be made to the grantee and his " family," as in the case of a faculty for a vault (Magnay v. Rector of St. Michael, 1 Hagg. Eccl. Cas. 48), under which grant, it seems, that any member of the family of the grantee might be buried, subject to the approval of the burial board, which is substi- tuted for that of the rector. (Matthews v. Jeffrey, supra.") In cemeteries provided by local authorities under the Public Health (Interments) Act, 42 & 43 Vict. c. 31, and in other ceme- teries to which the Cemeteries Clauses Act applies, it is provided by Beet. 44 of that Act, 10 & 11 Vict. c. 65, that the exclusive right of burial in such cemetery, whether in perpetuity or for a limited 15 & 16 Vict. c. 85. 117 time, shall be considered as the personal estate of the grantee, and Note to may be assigned in his lifetime, or bequeathed by his will. Sect. 33. An exclusive right of burial is an easement, arising out of land, and the grant of such a right must be by deed, (lit/ran v. Whistler, 8 B. & C. 288; 2 M. & E. 318.) An absolute grant under this section of an exclusive right of burial in part of a burial ground conveys also the right to plant flowers on the grave, and to keep the head and curb stones in decorative repair; any subsequent bye-laws made by the burial board under the general powers of management conferred upon it by sect. 38 of this Act limiting or interfering with such right are ultra vires. (Ashby v. Harris, L. R. 3. C. P. 523 ; 37 L. J. M. C. 164; 18 L. T. (N.s.) 719 ; 16 W. R. 869.) The burial board under its general powers of control may exercise a censorship over monumental inscriptions ; but if any question arises as to the fitness of any inscription in the consecrated part of the ground, the bishop is to determine it, sect. 38, post. For a similar power of the bishop to object to and remove monumental inscriptions in cemeteries, see 10 & 11 Vict. c. 65, s. 51, post. For the power of the vestry to revise or compound for fees payable to incumbents, see sect. 37, post. The power given by this section of settling the fees payable to the incumbent in respect of the burial ground of a borough, are transferred from the vestry to the town council of such borough by 17 & 18 Vict. c. 87, s. 10. The provisions of this section relating to fees payable to an incumbent are, by 20 & 21 Vict. c. 35, s. 3, repealed so far as they apply to any parish situated within the city of London or the liberties thereof. XXXIV. Every burial board under tbis Act shall and Board to ftx ' payments may (without prejudice to the fees and payments herein for inter- specially provided for) fix and settle and receive such fees burial and payments in respect of interments in any burial for exciu- ground provided by such board as they shall think fit, and burial also the sums to be paid for the exclusive right of burial, n^^ n either in perpetuity or for a limited period, in any burial n™, ,^" 10 ""' ground provided by such board, and also the right of con- [General] structing any vault or place of burial with the exclusive right of burial therein in perpetuity or for a limited period, and also the right of erecting and placing any monument, gravestone, tablet, or monumental inscription in such burial ground, and every burial board, with the consent of the vestry, may from time to time revise and alter such fees, payments, and sums as aforesaid ; and a table show- ing such fees, payments, and sums, and all other fees and pajTiients in respect of interments in such ground, shall 118 The Burial Act, 1852. Sect. 34, be printed and published, and shall be affixed and at all times continued on some conspicuous part of such burial ground. The fees payable to incumbents or to clerks or sextons are not affected by this section. With the exception that such fees are not payable upon an interment in the unconsecrated part of a burial ground, all fees for burials in the consecrated and unconsecrated parts must be identical. (20 & 21 Vict. c. 81, s. 17.) Special power is given to town councils by 17 & 18 Vict. c. 87, s. 8, to charge higher fees in the case of inhabitants of such part of any parish partly within and partly without the limits of the borough, as is without such limits. The settlement of all fees which maybe fixed, settled, or received by a burial board under this section is subject to the approval of a Secretary of State. (18 & 19 Vict. c. 128,' s. 7.) XXXV. Where at the time of the discontinuance of Division of fees between i interment in any burial ground the fees in respect of burials therein are divided between the incumbent of the of parishes and eccle- siastical districts. [General] parish and the incumbent of any district parish or other ecclesiastical district, each incumbent shall have the same proportion of the fees in the burial ground to be provided under this Act as he was entitled to in respect of inter- ments in the old burial ground. The provisions of this section, so far as they apply to any parish in the city of London or the liberties thereof, are repealed by 20 & 21 Vict. c. 35, s. 3. Fees pay- able to church- wan lens and others for parochial purposes. [General] XXXVI. Where fees or any portion of fees payable on interments, or for any monument, gravestone, tablet, or monumental inscription, in the burial ground of any parish for which a burial ground is provided alone or jointly with any other parish or parishes under this Act, are by law or custom payable to the churchwardens of any parish, or to trustees or other persons, for or towards the payment of any annuity or stipend to the incumbent or minister, or any other parochial purpose, or the discharge of any debt or liability, such fees or portion of fees shall be payable in the burial ground to be provided as aforesaid for such parish under this Act, and shall be received by the burial board and paid to the parties entitled to receive the same ; 15 & 16 Vict. c. 85. 119 and where fees or payments have been received on Sect. 36. interments, or for any monument, gravestone, tablet, or monumental inscription, in the burial ground of any such parish by any such churchwardens, or by trustees or other persons, for the purpose of discharging any periodical payment or other liability, it shall be lawful for the burial board, upon the request of such churchwardens, trustees, or persons, to pay from time to time, out of the fees and moneys received by them on account of such parish, such amount as may be necessary for discharging such periodical payment or liability. If the custom has been to pay burial fees to the miuister direct, this section continues the practice, and does not authorize the board to receive such fees for the purpose of handing them over to the minis- ter, though there would be no illegality in their so doing by arrange- ment with the minister. But if the custom has been to pay the fees to the churchwardens or other persons (frequently the sexton), wholly or in part for the minister, the burial board is required to receive the fees, and either pay them over to the churchwardens or other persons entitled by custom to receive them, or at their request to pay the minister thereout such amount as he may be entitled to. For provisions as to fees payable under local Acts to church- wardens for providing minister's stipend, see sect. 50, post. It is stated in an Anonymous Case, 2 Shower. 184: " That the churchwardens have a right to the churchyard and not to the church, for the parson only hath that, although here about London the churchwardens take money for breaking open the ground in the churches, and the parson only for the chancel. And note, by Spelman, 'tis but of late years that they have buried in churches so commonly as now " (1682). The provisions of this section, so far as they affect the city of London and its liberties, are repealed by 20 & 21 Vict. c. 35, s. 3. XXXVII. It shall be lawful for the vestry of any parish gjjg" <£. th from time to time, if they think fit, with the consent of consent of xi t • bishop, to the bishop of the diocese, to revise and vary the fees revise the . foes to payable to the incumbent, clerk, and sexton, and other incumbent, persons and bodies respectively, under the provisions of substitute this Act, or, with such consent as aforesaid, to substitute meiu ° pay " for the fees payable to such incumbent, clerk, and sexton, [General] and other persons and bodies respectively, a fixed annual sum of such amount as to such vestry may seem just, to be payable by such periodical payments as such vestry may appoint, and in such last-mentioned case the fees 120 The Burial Act, 1852. Sect. 37. which would otherwise be payable under this Act to the incumbent, clerk, and sexton, and such other persons and bodies respectively, shall be paid to the burial board, and such fixed payments as aforesaid shall be paid by such board. For similar powers of town councils, see 17 & IS Vict. c. 87, s. 10. It will be noticed that the revision or arrangement contemplated in this section is a matter to be settled by the vestry and the bishop. The burial board and the incumbent have no direct voice in the matter. And see sect. 33, ante. The provisions of this section, so far as they affect the city of London and its liberties, are repealed by 20 & 21 Vict. c. 35, s. 3. Manage- ment to in vested In burial boards. [Oem XXXVIII. The general management, regulation, and control of the burial grounds provided under this Act shall, subject to the provisions of this Act and the regulations to be made thereunder, be vested in and exercised by the respective burial boards providing the same ; provided that any question which shall arise touching the fitness of any monumental inscription placed in any part of the con- secrated portions of such grounds shall be determined by the bishop of the diocese. The " regulations " to which the control of the burial board is subject are those made by a Secretary of State under sect. 44, post. Although large powers of control are given to the burial board by this section, they cannot override or interfere with the rights of j persons previously acquired by grant from the board. So, where a burial board granted the right of making a private grave and the exclusive right of burial therein, in a certain spot in their cemetery to hold the same in perpetuity for the purpose of burial, and of erecting thereon a monument, with a proviso that if the monument with its appurtenances should not from time to time be kept in repair by the owner according to such rules, orders, and regulations ;i> had been, or should be from time to time, made by the burial board for the management and regulation of the cemetery and the vaults, graves, and monuments therein, the grant should be void, and the board afterwards made a regulation that no person should be allowed to plant flowers, &c, on the graves, but that they themselves should alone do it, at certain prices they fixed, and they prevented the grantee from planting the said spot with flowers, it. was held that they had no right to prevent the grantee from so planting the said spot. (Ashby v. Harris, L. R. 3 C. P. 523 ; 37 L. J. M. C. 164 ; 18 L. T. (N.S.) 719 ; 16 W. R. 869.) Although the freehold of the burial ground is in the burial board, an action of trespass will lie for the erector of a tombstone against a person who wrongfully removes it and erases the inscription, even 15 d 16 Vict. c. 85. 12] though such person were the burial board itself. (Spooncr v. Note to Brewster, 3 Bing. 136 ; 10 Moore, -195; 2 C. & P. 34.) Sect. 38. In a churchyard a faculty should, in strictness, be obtained for the erection of any monument ; but in practice the permission of the incumbent is in most cases substituted for the faculty. (Maid- man v. Malpas, 1 Hagg. Cons. Cas. 205.) When an incumbent refuses to sanction the erection of a monu- ment in a churchyard, the person aggrieved may apply to the ordinary for a faculty, and from the decision of the ordinary an appeal lies to the official principal, and from him to the judicial committee of the Privy Council. (See Keet v. Smith, L. It. 4: A. & E. 398 ; 1 P. D. 73, where an incumbent refused to allow the erection of a tombstone on which the petitioner was described as the " Kev. Henry Keet, Wesleyan minister," and the Privy Council, overruling the Dean of Arches and the Chancellor of the diocese of Lincoln, ordered the grant of a faculty permitting such inscription.) But as under this section the whole control and management of the burial ground is vested in the burial board, and by s. 33, ante, the sale of the right of erecting monuments, &c, is permitted to, but not obligatory on the burial board, a faculty would not be granted authorizing the erection of a monument in the burial ground contrary to the regulations of the burial board. When the board has granted the right of erecting a monument under s. 33, and a question arises as to the fitness of the inscription, the question must then be determined by the bishop. No method of procedure is prescribed for appealing to the bishop, but it would seem that the proper course is to apply to the chancellor of the diocese to hold a court to decide the question. The bishop's juris- diction, however, is not confined merely to cases of disputes between the burial board and other persons respecting the fitness of an inscription, but extends to all cases where any questions may arise concerning its fitness, so that the bishop may intervene proprio motn, or on the complaint of any third party. For a similar provision with regard to inscriptions in cemeteries, see 10 & 11 Vict. c. 65, s. 51, post. The provisions against brawling in burial grounds and church- yai'ds, and the penalties on offenders, are contained in 23 & 24 Vict. c. 32, and the statutes mentioned in that Act, post. XXXIX. Where a burial ground is provided under this Arrange- ° • merits Act tor the common use ot two or more parishes, in case betwe ,. . .1 • -i i ,> i -i incumbents any question arise among the incumbents ot such parishes of pai as to the performance of the burial service by a chaplain [General] to be paid by means of contributions from such incum- bents, or deductions from fees or sums payable to them, or otherwise touching the performance of service in the consecrated part of such ground, the bishop of the diocese shall from time to time confirm any arrangement which a majority, or, in case of equal numbers, one half of the a 122 The Burial Act, 1852. Sect. 39. incumbents shall approve, and such arrangements so con- firmed shall be binding upon all the parties concerned. The burial board cannot maintain a chaplain from the rates (see section 15, ante). He can only be appointed by virtue of an arrange- ment with the incumbent or incumbents of the parishes for which the burial ground has been provided. If a chaplain is appointed, s. 1 of 43 & 14 Vict. c. 41 provides that the notice required by that section shall be addressed to the chaplain, but shall be given to or left at the office of the clerk of the burial board. It does not appear that the bishop has any power to refuse con- firmation of a scheme approved under this section by one half of the incumbents interested. Certain pro- XL -phe provision of " The Cemeteries Clauses Act, visions of x io & it Vict. 1Q47 » w ith respect to the protection of the cemetery, c.65, incor- A . porated s hall be incorporated with this Act, and be applicable to Act. any burial ground provided under this Act. [General] The sections of the Cemeteries Clauses Act here incorporated are ss. 58, 59, and s. 62, which last section incorporates in the Cemeteries Clauses Act such clauses of the Railways Clauses Consoli- dation Act relating to recovery of damages and penalties and to proceedings before justices as are not repealed by the Summary Jurisdiction Act, 1884, 47 & 48 Vict. c. 43 (see post). Boards way make arrange- ments for facilitating the convey- ance of bodies to burial grounds. [Oi in ral] XLI. Any burial board may make such arrangements as they may from time to time think fit for facilitating the conveyance of the bodies of the dead from the parish or the place of death to the burial ground which shall be provided under this Act, or to any other place of burial, subject to the provisions of this Act and the regulations to be made thereunder, and it shall be lawful for any of the aforesaid cemetery companies to undertake any such arrangement, and to carry the same into effect, subject to the provisions and regulations as aforesaid. See sect. 26, ante, for the powers of a burial board to contract with a cemetery company to bury the dead bodies of parishioners in the cemetery, instead of themselves providing a burial ground. Places may XLII. It shall be lawful for any burial board, with the be provided m J , . for recep- approval of the vestry, and subject to the provisions of bodies until this Act, and the regulations to be made thereunder, and interment. 15 (6 16 Vict. c. 85. 123 for the churchwardens and overseers of the poor of any Sect. 42. parish in the metropolis for which a burial board shall not [a,~a] have been appointed under this Act, by the direction of the vestry, and subject as aforesaid, to hire, take on lease, or otherwise to provide fit and proper places in which bodies may be received and taken care of previously to interment, and to make arrangements for the reception and care of the bodies to be deposited therein, and for providing such places such burial boards may exercise the powers vested in them under this Act for providing burial grounds ; and such churchwardens and overseers may exercise all such powers as, under the Act of the fifty-ninth year of King George the Third, chapter twelve, or otherwise, the churchwardens and overseers of any parish not having a workhouse might exercise for providing a workhouse for such parish. For the powers of the local authority to provide mortuaries under the Public Health Act, 1875, see note to sect. 2 of the Public Health (Interments) Act, 1879 (42 & 43 Vict. c. 31, post). By the Sanitary Act, 1866 (29 & 30 Vict. c. 90, ss. 27, 28), nuisance authorities in the metropolis are enabled to provide places for the reception of dead bodies. The Acts in force enabling " overseers and churchwardens " to provide a workhouse for a parish not having a workhouse are 43 Eliz. c. 2, s. 5, and 9 Geo. 1, c. 7, s. 4. The following statutes, however, regulate the powers of overseers and guardians for the same object : 4 & 5 Will. 4, c. 76, ss. 21, 23, 24 ; 5 & 6 Will. 4, c. 69 ; 7 Will. 4 and 1 Vict. c. 50 ; 20 & 21 Vict. c. 13 ; 30 & 31 Vict. c. 106, s. 17 ; 45 & 46 Vict. c. 58, s. 14. All the sections of 59 Geo. 3, c. 12, which relate to the providing of workhouses by overseers, i.e., ss. 8 to 10, and 14 to 16, are repealed by the Statute Law Kevision Act, 1873. For the powers vested in a burial board for providing burial grounds, see note to sect. 25, ante. XT JIT. The provisions hereinbefore contained for the Tl "' cou| - r tmsaonera appointment of burial boards shall not apply to any parish f »f sewers of within the limits of the city of London and the liberties London to thereof; but it shall be lawful for the mayor, aldermen, board for and commons of the said city, in common council Enthedty 6 " assembled, if and when they see fit so to do, to authorize liberties, and direct the commissioners of sewers of the city of [Metropolis] London to exercise for the said city and liberties all the g2 124 The Burial Act, 1852. Sect. 43. powers and authorities vested in burial boards under this Act ; and thereupon such commissioners shall have and exercise for and on behalf of the said city and liberties all such powers and authorities as are hereby vested in the burial board for any parish, or which might be exercised by such board with the approval of the vestry ; but the expenses to be incurred by such commissioners in provid- ing and laying out any burial ground or burial grounds under this Act, and building the necessary chapel or chapels therein, shall not exceed such sum as the said mayor, aldermen, and commons in common council assembled shall authorize to be expended for this purpose ; and the money required for defraying the expenses incurred under this Act by the said commissioners shall be charged upon and payable out of the consolidated rate authorized to be made by " The City of London Sewers Act, 1848," or any monies applicable for defraying the expenses by the said Act charged upon or payable out of such rate ; and the income of any burial ground provided under this Act by such commissioners, which if such ground had been provided by a burial board for any parish would be applicable in aid of the rate for the relief of the poor of such parish, shall be applicable in aid of the said consolidated rate ; and the provisions contained in " The City of London Sewers Act, 1848," for the purpose (as therein expressed) of enabling the said commissioners to effect the purchases therein authorized, shall be applicable for the purpose of enabling the said commissioners to purchase land for the purposes of this Act ; and the powers for and auxiliary to the sale and disposal of land given or expressed to be given by "jThe City of London Sewers Act, 1848," and "The City of London Sewers Act, 1851," with respect to land purchased by the said commissioners for any of the purposes mentioned in such last-mentioned Act, and deemed by them unnecessary for such purposes, shall be applicable with respect to any land purchased by the said commissioners for the purposes of this Act which may not appear to them to be wanted 15 d? 16 Vict. c. 85. 125 for such purposes ; and all the provisions of the said city Sect. 43. of London Sewers Acts applicable to the exercise of the powers vested in the said commissioners shall be applicable to and for the purposes of this Act, as if the powers which under this Act may become vested in such commissioners had been powers vested in them under the said " City of London Sewers Act, 1848 ; " provided that it shall be law- ful for the said mayor, aldermen, and commons to appoint any incumbent or incumbents of any parish or parishes within the said city or liberties to act with the said com- missioners for the purposes of this Act. The commissioners of sewers having acquired a cemetery under this Act at Little llford, further provisions were made with regard to fees, vestries, chaplain, &c, by 20 & 21 Vict. c. 35, post. XLIY. It shall be lawful for one of Her Majesty's Secretary ° J of State principal Secretaries of State from time to time to make may make ,. . ,. i i • i i j regulations such regulations m relation to the burial grounds and as to burial places for the reception of bodies previously to interment TaL^-n winch may be provided under this Act as to him may seem proper, for the protection of the public health and the maintenance of public decency, and the burial boards and all other persons having the care of such burial grounds and places for the reception of bodies shall con- form to and obey such regulations. For regulations issued under this section, see Appendix A., No. 3, post. By 20 & 21 Vict. c. 81, regulations may be made by the Secretary of State in respect of burials in common graves in the cemeteries mentioned in Schedule (13.) of this Act, and in any cemetery established under a local Act of parliament. By 18 & 19 Vict. c. 128, 8. 8, a Secretary of State may provide for the inspection of burial grounds ; and by 20 & 21 Vict. c. 81, s. 23, supplemented by 22 Vict. c. 1, persons having the care of vaults may be ordered to do such acts as may be necessary to prevent their becoming a nuisance. In any town or district in which the prevention of nuisance clauses of the Towns Improvement Act, 10 & 11 Vict. c. 34, are adopted by incorporation in the special Act referring to such town or district, it is provided by sect. 103 of that Act that : " No coffin containing a corpse shall be buried in any grave within the limits of the special Act, not being a vault or catacomb, without at least thirty inches of soil between the ordinary surface of such burial ground and the upper side of the coffin ; and if the person having the preparation 126 The Burial Act, 1852. Note to or the immediate charge of the preparation of the grave to receive Sect. 44. such coffin permit the coffin to be buried in such grave, or if the — person having the control of the burial ground knowingly permit any coffin to be buried in any grave in which there is not left after the burial thereof thirty inches at the least of soil, measuring from the ordinary surface of such burial ground to the upper side of the coffin, the person having the immediate charge of the preparation of the grave, and the person having the control of the burial ground in which such burial is made, shall for every such offence be liable to a penalty not exceeding five pounds." Brompton XLV. And whereas the general board of health have, Cemetery vested in under the powers of the said Metropolitan Interments Act, sioners of 1850, taken proceedings for the purchase of the cemetery Works. Q £ ^ West r j^ on ^ on an( i Westminster Cemetery Com- [Metrojxihs] J . - pany (commonly called the Brompton Cemetery), and the amount of the purchase money has been ascertained by arbitration, but such purchase may not have been com- pleted at the time of the passing of this Act : In case at the time of the passing of this Act the said cemetery has not been conveyed to the general board of health, the rights and obligations of the general board of health with reference to the purchase of the said cemetery shall upon the passing of this Act become transferred to the Commissioners of Her Majesty's Works and Public Buildings ; and in case the said cemetery shall be con- veyed to them by virtue of the transfer hereby made of such rights and liabilities, then immediately upon such cemetery being so conveyed, or in case at the time of the passing of this Act the said cemetery has been conveyed to the general board of health, then from and after the passing of this Act, the said cemetery shall, without any further conveyance, become vested in the said Commissioners of Her Majesty's Works and Public Buildings, and their successors, in the like corporate capacity in which any lands, tenements, or hereditaments are vested in them under the Act of this last session of parliament, chapter forty-two, but subject to the rights to graves, vaults, and monuments subject to wbich such cemetery may have been conveyed to such commissioners or to the general board of health, as the case may be, and 15 d 16 Viet. c. 85. 127 subject to the powers and for the purposes hereinafter Sect. 45. mentioned. For the vesting of property in the Commissioners of Her Ma- jesty's Works and Public Buildings, see 14 & 15 Vict. c. 42, s. 27. In the report from the select committee on ecclesiastical and mortuary fees, 1882, it is stated: "The amount of fees paid out of Brompton Cemetery to London incumbents is considerable, having been 39,925Z. 2s. in thirty years; and this for no service performed or responsibility incurred, as two chaplains are maintained by the Government, and paid each 2501. a year for reading the burial services, which the incumbents were formerly required to read in their own parish churchyards, where such churchyards existed. No deduction is made from the compensation fees paid to the incum- bents on account of the pay of the two chaplains who perform the original, or presumed original, duty of such incumbents." XLVI. And whereas by an Act of the last session of gffi to parliament, chapter eighty-nine, the Commissioners of Her J^ l r vanced Majesty's Treasury are authorized to cause to be issued u & 16 Vict, and advanced to the general board of health, out of the be applied in complctinc produce of the Consolidated Fund of the United Kingdom, tho pur- a sum or sums not exceeding in the whole one hundred Brompton and thirty-seven thousand pounds, to be applied to the Cemeter y- purposes to which money borrowed by the said Metro- politan Interments Act, 1850, is by the said Act made applicable It shall be lawful for the Commissioners of Her Ma- jesty's Treasury to cause to be advanced or issued to and applied by the Commissioners of Her Majesty's Works and Public Buildings, out of the said Consolidated Fund, such part of the said sum of one hundred and thirty-seven thousand pounds as the said Commissioners of Her Majesty's Treasury may think fit for the completion of the purchase of the said Brampton Cemetery, in case such purchase shall not have been completed at the time of the passing of this Act, and for the care and management of the said cemetery ; and the said Com- missioners of the Treasury may also cause to be issued and advanced and applied such part of the said sum of one hundred and thirty-seven thousand pounds as the Commissioners of the Treasury shall think fit in discharge 128 The Burial Act, 1852. Sect. 46. of any liabilities of the said general board of health incurred under the powers of the said Metropolitan Inter- ments Act, 1850, without requiring in the cases aforesaid any mortgage to be made for such advances. [XLVII. After payment to the said West of London and minster Cemetery Company.] [Provision for winding up the West Westminster Cemeteni Company, either by the general of London J l J \ * _, . , and West board of health or by the Commissioners of Her Majesty s Works and Public Buildings, of the purchase or considera- tion money for the said Brompton Cemetery, the said West of London and Westminster Cemetery Company shall con- tinue only for the purpose of winding up the affairs and realizing and distributing the assets thereof, and satisfying any debts or engagements to or by the said company, and for the enforcement by law or in equity of such debts or engagements respectively, and the said company, as soon as conveniently may be after the payment of such purchase or consideration money, shall convert into money, by sale or otherwise, the effects of the said company, and get in the debts and assets thereof, and distribute and apportion the monies thence arising, together with such purchase or con- sideration money, after satisfying all the debts, engagements, and liabilities of the said company, to and among the several proprietors thereof, according to their respective shares ami interests therein ; and from and immediately after such distribution and apportionment the said company shall be dissolved, and the receipt of every person who for the time being would have been entitled to give an effectual discharge for any dividends which might have become payable in respect of any share in the said cemetery, or in the capital stock of the said company, in case the said Metropolitan Interments Act and this Act had not been passed, for the proportion of the monies which under this provision shall become payable in respect of such share, shall be an effectual discharge to the said company and the directors thereof for the same.] Repealed by the Statute Law Revision Act, 1875. 15 d 16 Vict. c. 85. 129 XLVIII. The said Commissioners of Works and Public Sect_48. Buildings shall and may, in case the said Brampton Brompton Cemetery Cemetery be vested in them by or under this Act, sell and may bo sold dispose of the same or any part thereof, subject to the of theTrea- rights affecting the same, as the Commissioners of Her f^ear!-'" Majesty's Treasury may direct ; and in the meantime, gftjg? until such sale, the Secretary of State may and shall nicllts - permit the same to be used for the purposes of interment, [Metropolis] upon such terms and conditions as he shall think fit ; and the residue of the monies arising from the sale and dis- posal of the said cemetery, or any part thereof, and in respect of the interments therein, after defraying the expenses incident to such sale and to the care and manage- ment of the cemetery, until the whole thereof shall be sold and disposed of, shall be paid to the metropolitan interments repayments account mentioned in the said Act of the last session of parliament, to be carried to the said Consolidated Fund. XLIX. Where any body is buried in any of the ceme- Ljniitmg teries mentioned in Schedule (B.) to this Act, at the expense peraation y ' . , fee to be of any union or parish, the fee or sum to be paid or payable on /» i i t n pauper payable on the interment of such body, or otherwise in burials in respect thereof, to the incumbent of the parish or ecclesi- j*JJ^ e J astical district from which such body is removed for inter- an ceme- ,,. . teries ment, shall not exceed the sum of one shilling, or where established the incumbent now receives in respect of the like burial r \ tj/ O fpor- in the ground of his parish more than one shilling shall ha " unL ' i not exceed the sum so now received, and in no case shall exceed two shillings and sixpence ; and no other fee or sum whatsoever shall be payable in respect of such inter- ment, to or for the use of any person as an officer of such parish or district, or for or on behalf of such parish or district, anything in any Act mentioned in the said Schedule (B.) or any other Act notwithstanding. By 16 & 17 Vict. c. 134, 8. 7, the provisions of this section are extended to all cemeteries already established and hereafter to be established under the authority of parliament ill like manner as to G 3 130 The Burial Act, 1852. Note to Sect. 49. Incumbents. Compensa- tions to be payable to the church- wardens where the fees on burials are now paid to them, and the incum- bents are not entitled. [General] Power for incumbent or church- wardens to convey chapel. [General] those mentioned in Schedule (B.) to this Act, and as respects the cemeteries to which this section is thereby extended, it shall also apply in respect of burials at the expense of any hospital or infir- mary in like manner as to burials at the expense of a union or parish. The phrase " cemeteries established under the authority of parliament" has been held to mean cemeteries authorized by special Act of Parliament, and not to comprise burial grounds provided under the Burial Acts. (Reg. v. Maude, 5 E. & B. 702 ; 25 L. J. M. C. 45: 2 Jur. (x.s.) 182.) At the Little Ilford Cemetery the maximum fee for the burial of a pauper is 1*. (20 & 21 Vict. c. 35, s. 1, and Schedule thereto.) L. Where under any local Act fees on interments in any burial ground of any parish in the metropolis are payable to the churchwardens of such parish, or to any trustees or other persons, for the purpose of enabling them to pay an annuity or stipend to the incumbent or minister, the fees which under this Act, or any Act relating to any cemetery company, would on the interment in the cemetery of any company of any body brought from such parish be payable to such incumbent or minister, shall be payable to the said churchwardens, trustees, or persons, and any surplus of such fees which may remain in their hands after payment of such annuity or stipend shall be paid to such incumbent or minister. This section only applies to cases where fees on interments are payable under any local Act to churchwardens or trustees, and does not apply where such fees are payable to the churchwardens, &c., by custom or otherwise. By the Cemeteries Clauses Act, 10 & 11 Vict. c. 65, s. 52, it is provided that cemetery companies shall pay to the incumbent of the parish from which the body shall have been removed such sums, if any. as shall be prescribed for that purpose in the special Act. Fees payable to incumbents by a cemetery company " under this Act," can only occur when the burial board of a parish has contracted with a cemetery company under sect. 26, ante, for the burial of the dead of the parish. The provisions of this section so far as they apply to any parish in the city of London or the liberties thereof, are repealed by 20 & 21 Vict. c. 35, s. 3. LI. Where any burial ground in which interment is discontinued under this Act belongs to any parish other than the parish within which the same is locally situate, it shall be lawful for the incumbent and churchwardens of the parish to which such burial ground belongs, with the consent of the vestry, or persons possessing the 15 rf 16 7to. c. 85. LSI powers of vestry for ecclesiastical purposes of or in such Sect. 51. parish, and of the bishop of the diocese, to convey any chapel belonging to such parish, and situate in or attached to such burial ground, and the site thereof, to any persons named by the incumbent and churchwardens of the parish within which the same is situate, with the consent of the vestry, or persons possessing the powers of vestry of or in such parish for ecclesiastical purposes, and of the said bishop, and upon such trusts for such last-mentioned parish, and subject to such conditions to be performed on behalf of such parish, and with such provision for the appointment of new trustees, as to the said bishop may seem proper ; and such conveyance shall be effectual to pass all the estate and interest vested in any persons in trust or in behalf of the parish to which such chapel and the site thereof belong ; and after the execution of such conveyance all obligation on such last-mentioned parish, or any trustees or others on behalf thereof to repair such chapel, or to pay any stipend to the minister thereof, or otherwise in relation to or in connection with such chapel, shall cease. This section provides only for the conveyance of a chapel and site in or attached to a burial ground, and does not authorize the conveyance of the burial ground itself. This provision is supple- mented by 20 & 21 Vict. c. 81, s. 8, which enables the vestry of the parish in which the closed burial ground is situate to purchase such burial ground. There does not appear to be any obligation on a parish or a burial board to keep in repair the chapel of a closed burial ground. Their only obligation appears to be to keep the burial ground itself in decent order, and to repair the walls and other fences thereof. (See 18 & 19 Vict. c. 128, s. 18.) LII. In this Act the following words and expressions gjgj»j- shall have the several meanings hereby assigned to them, terms, unless there be something in the subject or context repug- [General! nant to such construction ; that is to say, " Parish " shall mean every place having separate over- seers of the poor, and separately maintaining its own poor : It was held in Reg. v. Sudbury. E. B. & E. 264; 27 L. J. Q. B. 232 ; 31 L. T. 161; i Jur. (N.s.) 948, that the effect of this inter- 132 The Burial Act, 1852. Note to Sect. 52. Extra- parochial places. Divided parishes. pretation clause was to extend the meaning of the word parish, so as to include both parishes which had not separate overseers or did not separately maintain their own poor, and places which were not parishes but had separate overseers and separately maintained their own poor. Now, by the Poor Law Amendment Act, 1866, 29 & 30 Vict. c. 113, s. 18, it is provided that "in all statutes, except there shall be something in the context inconsistent therewith, the word ' parish ' shall, among other meanings applicable to it, signify a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed." By 20 Vict. c. 19, s. 1, after 31st December, 1857, every place entered separately on the report of the registrar-general on the last census as extra-parochial, and wherein no poor rate is levied, shall for certain purposes, including the burial of the dead, be deemed a parish for such purposes. By 31 & 32 Vict. c. 122, s. 27, every extra-parochial place having no overseer, is for all civil parochial purposes incorporated with the next adjoining parish with which it has the longest common boundary. By 39 & 40 Vict. c. 61, ss. 1, 4, the Local Government Board may by order constitute isolated or detached portions of parishes into distinct parishes, or amalgamate them with the parish or parishes in which they are included or to which they may be annexed, but such order shall not affect ecclesiastical divisions of parishes. And by 45 & 46 Vict. c. 58, s. 2, any isolated portion of a parish wholly surrounded by another parish is to form part of the parish surrounding it, as though an order of the Local Government Board had been made respecting it. " Ratepayers " shall mean the persons for the time being assessed to and paying rates for the relief of the poor of the parish : "Incumbent " and " minister" shall, in respect of any fee made payable to an incumbent or minister under this Act, mean the clergyman who would have been entitled to the fee had the body been buried in the churchyard or burial ground of the parish from which it came, or in the burial ground of the ecclesiastical district in case such district has a burial ground at the passing of this Act, and if any difference shall arise between two or more persons severally claiming to be the incumbent or minister under this provision, such difference shall be determined by the bishop of the diocese : 15 <£ 16 Vict. c. 85. 138 " Churchwardens " shall mean also chapelwardens, or Sect. 52. other persons discharging the duties of church- wardens : 41 Overseers " shall mean also any persons authorized and required to make and collect or cause to be collected the rate for the relief of the poor of the parish, and acting instead of overseers of the poor : " Vestry" shall mean the inhabitants of the parish law- fully assembled in vestry, or for any of the purposes for which vestries are holden, except in those parishes in which there is a select or other vestry [elected under an Act of the fifty-ninth year of King George the Third, chapter twelve, " to amend the laics for the relief of the poor," or] elected under an Act passed in the second year of King William the Fourth, chapter sixty, " for the better regulation of vestries, and for the appointment of auditors of accounts, in certain parishes of England and Wales," or elected under the provisions of any local Act of Parliament for the government of any parish by vestries, in which parishes it shall mean such select or other vestry : The words between brackets are repealed by the Statute Law Revision Act, 1875. " Clerk " shall mean the clerk appointed pursuant to this Act by any burial board appointed under this Act. LIII. For the purposes of this Act, the expression Definition of " the metropolis " shall be construed to mean and include poiis.™ etr(> " the cities and liberties of London and Westminster, the [Metropolis} borough of Southwark, and the parishes, precincts, town- ships, and places mentioned in the Schedule (A.) to this Act. This definition of the metropolis differs from that of the Metro- polis Management Act, 18 & 19 Vict. c. 120, s. 250, by including Willesden, and by excluding Eltham, Lea, and Kidbrooke. 134 The Burial Act, 1852. Sect. 54. LIV. Provided always, that nothing in this Act con- Saving - tained shall extend to take away, diminish, alter, or pre- cemeten- judice any of the rights, powers, or authorities vested in companies, ^y f ^ e ce rjietery companies incorporated under the several Acts mentioned in the said Schedule (B.) to this Act, but all such rights, powers, and authorities shall be as good, valid, and effectual as if this Act had not passed. Regulations can, however, be made by Order in Council in respect of burials in common graves in these cemeteries for protection of the public health and maintenance of decency. (20 & 21 Vict, c. 81, s. 10.) SCHEDULE (A.) The City of London and the Liberties thereof, the Inner Temple and Middle Temple, and all other places and parts of places contained within the exterior boundaries of the Liberties of the City of London. In Middlesex. The City and Liberties of Westminster. The parishes of St. Margaret and St. John the Evangelist. The parish of St. Martin-in-the-Fields. The parish of St. George, Hanover Square. The parish of St. James. The parish of St. Mary-le-Strand, as well within the liberty of Westminster as within the Duchy liberty. The parish of St. Clement Danes, as well within the liberty of Westminster as within the Duchy liberty. The parish of St. Paul, Covent Garden. The parish of St. Anne, Soho. Whitehall Gardens (whether the same be parochial or extra- parochial). Whitehall (whether the same be parochial or extra-parochial). Kichmond Terrace (whether the same be parochial or extra- parochial). The Close of the Collegiate Church of St. Peter. 15 d 16 Vict, c: 85. 135 The parishes of St. Giles-in-the-Fields and St. George, Sched. A. Bloomsbury. — The parishes of St. Andrew, Holborn, and St. George-the- Martyr. The liberty of Hatton Garden, Saffron Hill, and Ely Rents. The liberty of the Rolls. The parish of St. Pancras. The parish of St. John, Hampstead. The parish of St. Marylebone . The parish of Paddington. The precinct of the Savoy. The parish of St. Lnke. The liberty of Glasshouse Yard. The parish of St. Sepulchre. The parish of St. James, Clerkenwell, including both Districts of St. James and St. John. The parish of St. Mary, Islington. The parish of St. Mary, Stoke Newington. The Charterhouse. The parish of St. Mary, Whitechapel. The parish of Christchurch, Spitalrields. The parish of St. Leonard, Shoreditch. The liberty of Norton Folgate. The parish of St. John. Hackney. The parish of St. Matthew, Bethnal Green. The hamlet of Mile End Old Town. The hamlet of Mile End New Town. The parish of St. Mary, Stratford, Bow. The parish of Bromley, St. Leonard. The parish of All Saints, Poplar. The parish of St. Anne, Limehouse. The hamlet of Ratcliffe. The parish of St. Paul, Shadwell. The parish of St. George-in-the-East. The parish of St. John, Wapping. The liberty of East Smithneld. The precinct of St. Catherine. The liberty of Her Majesty's Tower of London, consisting of — The liberty of the Old Artillery Ground. The parish of Trinity, Minories. The Old Tower precinct. The precinct of the Tower Within. The precinct of Wellclose. The parish of Kensington. The parish of St. Luke, Chelsea. The parish of Fulham. The parish of Hammersmith. Lincoln's Inn. New Inn. Gray's Inn. 136 The Burial Act, 1852. Sched. A. Staple Inn. — That part of Furnival's Inn in the county of Middlesex. Ely Place. The parish of Willesden. In Kent. The parish of St. Paul, Deptford. The parish of St. Nicholas, Deptford. The parish of Greenwich. The parish of Woolwich. The parish of Charlton. The parish of Plumstead. In Surrey. The Borough of South wark. The parish of St. George-the-Martyr. The parish of St. Saviour. The parish of St. John, Horsleydown. The parish of St. Olave. The parish of St. Thomas. The parish of Battersea (except the hamlet of Penge). The parish of Bermondsey. The parish of Camberwell. The parish of Clapham. The parish of Lambeth. The parish of Newington. The parish of Putney. The parish of Rotherhithe. The parish of Streatham. The parish of Tooting. The parish of Wandsworth. The parish of Christchurch. The Clink liberty. The hamlet of Hatcham in the parish of Deptford. 15 <& 1G Vict. c. 85. 137 Sched. B. SCHEDULE (B.) The several Cemeteries established under the several Acts hereinafter mentioned; viz. — An Act for establishing a general cemetery for the inter- 2&3 Will. 4, ment of the dead in the neighbourhood of the metropolis: An Act for establishing a cemetery for the interment of the 6&7 Will, i, dead southward of the metropolis, to be called the " South c - CXX1X - Metropolitan Cemetery:" An Act for establishing cemeteries for the interment of the 6 *£^' 4 ' dead, northward, southward, and eastward of the metropolis, by a company to be called "The London Cemetery Com- pany : " An Act for establishing a cemetery for the interment of the J ^xxx. dead westward of the metropolis, by a company to be called " The West of London and Westminster Cemetery Company : " and An Act to establish a general cemetery for the interment 4 & 5 Vict. of the dead, in the parishes of Saint Dunstan, Stepney, and c - lxlu - Saint Leonard, Bromley, in the county of Middlesex: The Victoria Park Cemetery, in the parish of Saint Matt- hew, Bethnal Green, in the county of Middlesex : and The Abney Park Cemetery, in the parish of Saint Mary, Stoke Newington, in the county of Middlesex. 138 The Burial Act, 1853. Sectl. 16 & 17 VICT. Cap. 134. An Act to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis. [20th August, 1853.] Whereas an Act was passed in the last session of Parlia- 15 & 16 Vict, nient '.' to amend the Laws concerning the Burial of the e ' 85- Dead in the Metropolis," and it is expedient to make hetter provision for and in relation to burials beyond the limits of the said Act : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Onrepre- I. In case it appear to Her Majesty in Council, upon sentation of ..*-«. » tt tut • i > • • i secretary of the representation of one of Her Majesty s principal M l a£t? e in Secretaries of State, that for the protection of the public restrainTim health the opening of any new burial ground in any city new blfriai or town, or within any other limits, save with the previous anTorder approval of one of such Secretaries of State, should be discontinu- prohibited, or that burials in any city or town, or within ance of 1 . . , 1 r burials in anv other limits, or m any burial grounds or places ol puice.-^ burial, should be wholly discontinued, or should be dis- continued subject to any exception or qualification, it shall be lawful for Her Majesty, by and with the advice of Her Privy Council, to order that no new burial ground shall be opened in such city or town, or within such limits, without such previous approval, or (as the case may re- quire) that after a time mentioned in the order burials in such city or town, or within such limits, or in such burial grounds or places of burial, shall be discontinued wholly, 16 & 17 Vict. c. 134. 199 or subject to any exceptions or qualifications mentioned Sect. 1» in such order, and so from time to timo as circumstances may require : Provided always, that notice of such repre- sentation, and of the time when it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be published in the London Gazette, and shall be affixed on the doors of the churches or chapels of, or on some other conspicuous places within, the parishes affected by such representation, one month before such representation is so considered : Provided also, that no such representation shall be made in relation to the burial ground of any parish until ten days' previous notice of the intention to make such representation shall have been given to the incumbent and the vestry clerk or churchwardens of such parish. For a similar provision respecting the discontinuance of burial in burial grounds of the metropolis, see 15 & 16 Vict. 85, s. 2, ante. In every parish where there is no burial board, the churchwardens are required to call a vestry meeting immediately after receipt of the notice of the intention of the Secretary of State to make a re- presentation as to the closing of the burial ground of a parish, for the purpose of determining whether a burial ground shall be pro- vided for the parish. (18 & 19 Vict. c. 128, s. 3.) The duty of keeping in order a closed churchyard or burial ground of any parish devolves upon the churchwardens or the burial board respectively, as the case may be. (18 & 19 Vict. c. 128, s. 18.) Where an addition has been made to a churchyard by a gift of land, of which a portion is reserved to the donor for his exclusive use under 30 & 31 Vict. c. 133, it is provided by sect. 11 of that Act that such reserved portion shall not be included in any Order in Council under the Burial Acts for closing the churchyard to which it belongs, but may be closed under a separate order on a special report that the ground is in such a state as to render further inter- ments therein prejudicial to the public. As to interments within, cftwrches. — It is provided by 11 & 12 Vict. c. 63, s. 83, re-enacted by the Public Health Act, 1875, s. 343, and Sched. V., Part 3, that " no vault or grave shall be constructed or made within the walls of or underneath any church or other place of public worship built in any urban district after 31st August, 1848; and whoever shall bury or cause, permit, or suffer to be buried any corpse or coffin in any vault or grave constructed or made con- trary to this enactment, shall for every such offence be liable to a penalty not exceeding fifty pounds, which may be recovered by any person with full costs of suit in an action of debt." By 47 & 48 Vict. c. 72, post, it is forbidden to erect any buildings upon any burial ground closed by Order in Council except for toe 140 The Burial Act, 1853. Note to purpose of enlarging a church, chapel, meeting-house, or other place Sect. 1. of worship. By sect. 4, post, a Secretary of State may, at his discretion, allow burials to take place in certain cases in closed burial grounds. And any Order in Council closing a burial ground may be varied or post- poned by any subsequent order. (18 & 19 "Vict. c. 128, s. 1.) Hence, if land is held upon trust to be used as a burial ground, the trust is not extinguished but merely suspended by an Order in Council closing the burial ground, however absolute in form the order may be. Nor is the property in a burial ground in any way altered by an Order in Council ; and if any part of a burial ground closed by an Order in Council is taken for public purposes or under parlia- mentary powers, the dividends accruing from the money paid as compensation for the land taken will be paid to the same persons who, before the Order in Council, were entitled to receive the burial fees. By a local Act of 1792, land was directed to be purchased for an additional burial ground of a parish, and it was provided that the land when purchased was to vest in the vicar and churchwardens of the parish and their successors for the purpose of a burying ground for the parish. In 1816 a body was constituted called the church trustees. In 1821 the Act of 1792 was repealed, except that the additional burying ground was to remain vested in the vicar and churchwardens as before ; but it was provided that the burial fees should be paid over by the churchwardens to the trustees to be applied to defined charitable purposes. Afterwards an Order in Council was made closing the additional burial ground, but the trustees continued to receive the burial fees from interments in a new cemetery which had been provided for the parish. A railway company took part of the closed burial ground for their under- taking. Upon two petitions, one by the church trustees praying that the purchase moneys should be paid out to them, and the other by the Attorney-General, asking that the moneys might be applied to charitable purposes, the vicar at the same time contending that he was entitled to the income as owner of the profits of all the con- secrated ground in the parish, it was — Held, that the trusts of the closed ground were merely suspended, and that the moneys must be paid out to the church trustees. (In re St. Pancras Burial Ground, L. R. 3 Eq. 173; 36 L. J. Ch. 52.) By an Act of 10 & 11 Will. 3, certain land belonging to the parish of Liverpool was set apart and dedicated to the use of a burial ground, and by the sentence of consecration the corporation renounced all right to the land. In 1854 the ground was closed for burials by Order in Council. In 1866 the corporation, being autho- rized to take a portion of the closed burial ground under a local Act, served upon the rector, ordinary, and patron of the parish a notice to treat, and upon reference to arbitration a sum of money was awarded for compensation. The corporation subsequently refused to pay, upon the ground that the fee simple of the land reverted to the corporation upon its being closed for burials, and the use for which it was dedicated having come to an end : — Held, that by the Act of Parliament, followed by the sentence of consecration, the land was dedicated for ever to the use of a burial ground, and there was no reverter of the fee to the corporation ; and that, if necessary, the court would presume a conveyance of the legal estate 16 S 17 Vict. c. 134. 141 by the corporation. (Campbell v. Mayor, Sfc, of Liverpool, L. U. «®J? \° 1) Eq. 579; 21 L. T. (N.S.) 214; 18 W. R. 422.) The compensation bect< L - money having been paid into court, it was claimed by the rector of Liverpool and by the select vestry of Liverpool, and upon petition it was ordered that the sum should remain in court, and the dividends therefrom paid to the rector till further order, he being the person who until the closing of the burial ground had enjoyed the right to such fees. (Ex parte Rector of Liverpool, L. R. 11 Eq. 15; 40 L. J. Ch. 65.) In 1807 by a local Act reciting the insufficiency of an existing churchyard, the rector and churchwardens and certain other persons were constituted trustees, and empowered to enlarge the existing churchyard, and to buy land for an additional burial ground, to be conveyed to the rector and churchwardens " for the use of the in- habitants of the parish." In 1849 a portion of the land purchased under the Act was taken by a railway company, and the purchase money paid into court, an order being subsequently made that it should be invested and the income paid to the rector and church- wardens, to be applied by them for the pm'pose of the local Act. In 1859 the ground was closed for burials. It was held, that inasmuch as the land was intended as an addition to the churchyard, the rights of the rector therein were the same as his rights in the old churchyard, so far as they were not affected by the Act under which the land was purchased, and that, as he had always received the burial fees, he was entitled to the dividends on the fund. (Ex parte Rector of St. Martin's, Birmingham, L. R. 11 Eq. 23; 40 L. J. Ch. 69; 23 L. T. 575.) In assessing, however, the amount of compensation payable by the undertakers of public works for part of a closed churchyard taken by them under their parliamentary powers, the rector or vicar of the parish is not entitled to compensation based upon the augmentation of value by reason of the secularization of the land ; he is only entitled to what the bare value of the land is to him as a closed churchyard. (Stebbinq v. Metropolitan Board of Works, L. R. 6 Q. B. 37; 40 L. J. Q. B. 1; 23 L. T. 530; 19 W. R. 73.) In parishes with a population of over 2,000 the appointment and duties of a vestry clerk are regulated by 13 & 14 Vict. c. 57, if an order has been made by the Poor Law Commissioners (or since 34 & 35 Vict. c. 70, by the Local Government Board) applying that Act to such parish. In parishes of a less population than 2,000, or to which the Act has not been so applied, the vestry may elect a vestry clerk, but are under no obligation to do so. (Rex v. Church- wardens of Croydon, 5 T. R. 713.) Eor form of queries addressed by the Home Office to incumbent and churchwardens of a parish with old burial ground to obtain information as to advisability of closing the same, see Appendix C, No. \,2>ost. II. No such Order in Council as aforesaid shall be JJ 6 ^™* deemed to extend to any burial ground of the people to burial J " . ^rounds of called Quakers, or of the persons of the Jewish persuasion, Quakeraor used solely for the burial of the bodies of such people and expressly Included. 142 Sect. 2. Burial not to take place after Order in Council for discontinu- ance. Saving of certain rights to bury in vaults, &c. The Burial Act, 1853. persons respectively, unless the same be expressly men- tioned in such order ; and nothing in this Act shall pre- vent the burial in any such burial ground in which for the time being interment is not required to be discontinued of the bodies of such people and persons respectively ; and no such Order in Council as aforesaid shall be deemed to extend to any non-parochial burial ground being the pro- perty of any private person, unless the same be expressly mentioned in such order. III. It shall not be lawful, after the time mentioned in any such Order in Council for the discontinuance of burials, to bury the dead in any church, chapel, church- yard, or burial place, or elsewhere, within the parts to which such order extends, or in the burial grounds or places of burial (as the case may be) in which burials have by any such order been ordered to be discontinued, except as in this Act or in such order excepted ; and every person who shall, after such time as aforesaid, bury any body, or in anywise act or assist in the burial of any body, contrary to this enactment, shall be guilty of a misdemeanor. See 15 & 16 Vict. e. 85, s. i. By 18 & 19 Vict. c. 128, s. 2, any person disobeying such Order of Council may on summary conviction be fined a sum not exceed- ing 101. IV. Provided always, that notwithstanding any such Order in Council, where by virtue of any faculty legally granted, or by usage or otherwise, there is at the time of the passing of this Act any right of interment in or under any church or chapel affected by such order, or in any vault of any such church or chapel, or of any churchyard or burial ground affected by such order, and where any exclusive right of interment in any such burial ground has been purchased or acquired before the passing of this Act, it shall be lawful for one of Her Majesty's principal Secre- taries of State from time to time, on application being made to him, and on being satisfied that the exercise of such right will not be injurious to health, to grant license 16 S 17 Vict. c. 134. 143 for the exercise of such right during such time and subject Sect. 4. to such conditions and restrictions as such Secretary of State may think fit, but such license shall not prejudice or in anywise affect the authority of the ordinary, or of any other person who, if this Act had not been passed, might have prohibited or controlled interment under such right, nor dispense with any consent which would have been required, nor otherwise give to such right any greater force or effect than the same would have had if this Act had not been passed. See identical provision affecting the metropolis, 15 & 16 Vict. «. 85, s. 6, ante, and notes thereon. V. The provisions of this Act shall not extend to Not to ex- 1 tend to authorize the discontinuance of burials, or to prevent the cemeteries .,,,,,„ . . , . established. burial of the body of any person, in any cemetery estab- by Act of lished under the authority of any Act of Parliament, or in rnew ' any burial ground or cemetery to be hereafter provided ^"Jf^ &c . with the approval of one of Her Majesty's principal Secre- taries of State, as herein mentioned. The phrase " any cemetery established under an Act of Parlia- ment," means " a cemetery established by authority of some special Act," such as the cemeteries enumerated in Schedule (B.) to 15 & 16 Vict. c. 85, ante, and does not extend to burial grounds established by persons who merely derive their power from the authority of general Acts, such as the Church Building Acts or Burial Acts. (Reg. v. Maude and Others, JJ. of Manchester, 5 E. & B. 702 ; 25 L. J. M. C. 45; 2 Jur. (N.S.) 182.) For burial grounds provided with the approval of Secretary of State, see sects. 1, 6. VI. Where by any such Order in Council as aforesaid Ncw burial •> •> grounds not it is ordered that no new burial ground shall be opened tobeopened ... . contrary to in any city or town, or within any limits therein men- Order in tioned, without the previous approval of one of Her Majesty's principal Secretaries of State, no new burial ground or cemetery (parochial or non-parochial) shall be provided and used in such city or town, or within such limits, without such previous approval. It has been held in Greenwood v. Wadsworth, L. R. 16 Eq. 288; 43 L. J. Ch. 78; 29 L. T. 88; 21 W. R. 722, that even a private 144 The Burial Act, 1853. Note to burial ground made within limits to which an Order of Council Sect. 6. a Pphe9. after application to and approval by the Secretary of State. is subject to the provisions of the Burial Acts. But see note on this case at sect. 12 of 17 & 18 Vict. c. SI, post. Certain pro. \TL. All the provisions contained in the said Act of Visions <>t L Metropo- the last session of parliament, chapter eighty-five, " to liun Burial L . . t . ' , , . Act. is & 16 amend the laws concerning the burial of the dead in the extended to" metropolis," from section ten to section forty-two (both not in tile C ' inclusive) of the said Act, and also in sections forty-four, metropolis. fifty> fifty _ one> and fifty-two of the said Act, shall extend and be applicable to and in respect of any parish not in the metropolis, and for the purpose of providing a burial ground for any such parish, or otherwise providing for the interment of the bodies of persons who would have had right of interment in the burial ground of any such parish, and generally in relation to every such burial ground to be so provided, and the fees and payments to be received in respect of interment or other rights therein and otherwise, as if such sections were re-enacted in this Act, and the words "in the metropolis," wherever they occur in such sections, or any of them, were omitted ; and section forty-nine of the said Act shall extend to all cemeteries already established and hereafter to be estab- lished under the authority of parliament in like manner as to those mentioned in Schedule (B.) to that Act, and as respects the cemeteries to which such section is hereby extended, the same shall also apply in respect of burials at the expense of any hospital or infirmary in like manner Any burial as to burials at the expense of a union or parish : Provided tag a chapel always, that in all cases in which any burial board shall acoordmgto provide a new burial ground under the said Act of the t!" chuV'i ^ as ^ sess i° n °f parliament or under this Act, that new of England burial ground shall be divided into consecrated and uncon- also to build ° a chapel for secrated parts in such proportions, and the unconsecrated pontons llOt r> i -n i 11 j., -i • i -!• being mom- part thereof shall be allotted in such manner and in such Church of portions, as may be sanctioned by one of Her Majesty's Qd * principal Secretaries of State ; and when any burial board shall by virtue of section thirty of the said Act build on 16 d- 17 Vict. c. 134. 145 any burial ground provided by such board a chapel for Sect. 7. the performance of the burial service according to the rites of the United Church of England and Ireland, they shall also build, on the portion of such ground set apart for burials otherwise than according to the rites of the said church, such chapel accommodation for the performance of the burial service by persons not being members of the said church as may be approved of by one of Her Ma- jesty's Secretaries of State. There seems little reason for doubting that the words " cemeteries established under the authority of parliament," used in this section, are to be interpreted in the same sense as the same words, " any cemetery established under the authority of any Act of Parliament," used in sect. 5, ante, as applying only to cemeteries established by companies under special Acts. (jB. v. Maude and others, JJ. of Manchester, 5 E.& B. 702; 25 L. J, M. C. 45; 2 Jur. (N.s.) 182.) A burial board may, instead of dividing the burial ground into consecrated and unconsecrated parts, provide separate grounds to be used respectively as consecrated and unconsecrated grounds. (20 & 21 Vict. c. 81, s. 3.) There is no obligation to build a chapel for persons not members of the Church of England when a Secretary of State, upon the representation of three-fourths of the vestry, declares it unnecessary. (18 & 19 Vict. c. 128, s. 14.) No wall or fence is required between the consecrated and unconsecrated portions of the burial ground, but boundary marks of iron or stone must be provided and kept in repair. (20 & 21 Vict. c. 81, s. 11.) And the vestry may, if unanimous, resolve that any new burial ground may be conveyed and settled as the old burial ground or churchyard of the parish. (18 & 19 Vict. c. 128, s. 10; and see notes to 15 & 16 Vict. c. 85, s. 30, ante.') VIII. All burials within any burial ground provided Register of • i- i ■ burials to bo under the said Act of the last session of parliament or this kept in everv Act shall be registered in a register book to be provided ground pro- by the burial board providing such ground (or where the ufcMTjek same is provided by the Commissioners of Sewers of the un ^ 5 c r t r i ug city of London then by such commissioners), and kept ^ ct - . J J . . Entries to for that purpose according to the laws in force by which be evidence, registers are required to be kept by the rectors, vicars, or curates of parishes or ecclesiastical districts in England ; and such register book shall be so kept by some officer appointed by the said board or commissioners to that duty ; and in such register books shall be distinguished in what parts of the burial ground, and where the whole H 146 The Burial Act, 1853. Sect. 8- of such burial ground is not consecrated for interments according to the rites of the United Church of England and Ireland, whether in the portion so consecrated or in the portion not so consecrated the several bodies (the burials of which are entered in such register books) are buried ; and in case such burial ground has been provided for more than one parish, such register shall be kept or indexed so as to facilitate searches for entries in such books in respect of bodies from the several parishes ; and such register books or copies or extracts therefrom shall be received in all courts as evidence of the burials entered therein, and copies or transcripts of such register books, verified and signed by such officer as aforesaid, shall be from time to time sent to the registrar of the diocese to be kept with the copies of the other register books of the parishes within such diocese ; and the said register books, so far as respects searches to be made therein and copies and extracts to be taken therefrom, shall be subject to the same regulations as are provided by an Act passed in the 6 & 7 Win 4, seventh year of King William the Fourth, intituled an Act for registering Births, Deaths, and Marriages in England, so far as such regulations relate to register books of burials kept by any rector, vicar, or curate. The Act regulating the keeping of registers by the rectors, vicars, or curates of parishes or ecclesiastical districts in England is 52 Geo. 3, c. 146, modified by 11 Geo. 4 and 1 Will. 4, c. 66, s. 31 ; 6 & 7 Will. 4, c. 86, s. 1 ; Statute Law Revision Act, 1873. See post. The general Acts regulating the registration of births, deaths, and marriages are 6 & 7 Will. 4, c. 86 ; 7 Will. 4 and 1 Vict. c. 22; 21 & 22 Vict. c. 25; 37 & 38 Vict. c. 88. For sects. 18, 19 of the ];i-t-named Act relating to burials, see post. For registration of burials generally, see 27 & 28 Vict. c. 97, post. 6 & 7 Will. 4, c. 86, s. 35, provides " that every rector, vicar, or curate, and every registrar, registering officer, and secretary, who shall have the keeping for the time being of any register book of births, deaths, or marriages, shall at all reasonable times allow searches to be made of any register book in his keeping, and shall give a copy certified under his hand of any entry or entries in the same, on payment of the fee hereinafter mentioned (that is to say), for every search extending over a period not more than one year the sum of Is., and 6d. additional for every additional year, and the sum of 2.?. 6d. for every single certificate." This section does not authorize any charge for extracts made by 16 d 17 Vict. c. 134. 147 the person searching the register. (Steele v. Williams, 22 L. J. Note to Ex. 225; 8 Ex. 625.) The searcher would not indeed be entitled Sect- 8. to remain an unreasonable time looking at the registers, and perhaps he would not be entitled in strictness to have the book in his hand lor that purpose. (Per Parke B., Id.~) By section 80 of the Stamp Act, 1870 (33 & 34 Vict. c. 97), " the duty upon a certified copy or extract of or from any register of births, baptisms, marriages, deaths, or burials, is to be paid by the person requiring the copy or extract, and may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the copy or extract is signed before he delivers the same out of his hands, custody, or power." By the schedule to the said Act, the y the town council are, by sect. 7, to be deemed to be provided for such parish or parishes as the town council may determine ; and, by sect. 9, if any parish is at the time of the petition provided with a sufficient burial ground, Her Majesty in Council may in the order direct that such parish or parishes shall not be assessed towards defraying the expenses of providing such burial ground or grounds. Any parish in a borough, therefore, which desires to keep a separate burial ground should make a representation to that effect to Her Majesty in Council before the order is made on the petition of the town council, otherwise such parish may have to contribute not oidy towards the expenses of maintaining its own burial ground, but also towards the expenses of providing and maintaining the burial ground provided by the town council. II. Upon the making of any such Order of Her Upon the r ° .... making of Majesty in Council as aforesaid m relation to any such order borough, if the town council of the same shall decide council to upon providing one or more burial grounds, the said town t ^ e powers council shall be a burial board for that purpose, and the ™*Xll m provisions of the said Act of the last session, and the pro- J^J* visions of the Act of the fifteenth and sixteenth years of J G * 4 17 Vict - Her Majesty, chapter eighty-five, in the said Act of the last session mentioned or referred to, and thereby extended and made applicable as therein mentioned, except the provisions relating to the constitution, incor- poration, meetings, entries of proceedings, and accounts of burial boards, shall, subject to the provisions herein contained, extend and be applicable to such borough and the council thereof, and to any burial ground and any places for the reception of the bodies of the dead pre- viously to interment which may be provided by such rates. 150 The Burial Act, 1854. Sect. 2. council under this Act in like manner as the same are applicable to any parish and the burial board thereof, and to any burial ground and any such places as aforesaid provided by such burial board, save that no approval, sanction, or authorization of the vestry of any parish shall be requisite. The provisions of 15 & 16 Vict. c. 85, excepted by this section, are contained in sects. 10, 11, 24, 13, 14, 16—18 of that Act. As to providing mortuaries, see 15 & 16 Vict. c. 85, 8. 42. be P iidout° ^" I* rov ided always, that all expenses of carrying this of borough Act into execution in any borough shall, subject to the f und or • -i i •, i borough provisions hereinafter contained, be chargeable upon and paid out of the borough fund and borough rates of such borough, or partly out of such fund and partly out of euch rates, in like manner as if the same were expenses incurred in carrying into effect the provisions of an Act of the session holden in the fifth and sixth years of King William the Fourth, chapter seventy-six ; and any money to be borrowed under the authority of this Act by the council of such borough, and the interest thereon, shall be charged by such council on the moneys out of which such expenses are by this Act directed to be paid, and the said provisions hereby extended and made applicable to the said council shall be construed accordingly ; and any surplus of money raised for defraying such expenses as aforesaid, and of the income of any burial ground pro- vided by the council of any borough, which if the same were provided by a burial board for any parish would be applicable in aid of the rate for the relief of the poor of such parish, shall be applicable in aid of the borough fund or borough rates of such borough, or in case a separate rate has been levied in parts only of such borough, for the purposes of this Act, as hereinafter pro- vided, then such surplus shall be applied rateably towards payment or satisfaction of so much of any borough rate as may be leviable in such parts of such borough : Pro- vided always, that such surplus shall be ascertained upon 17 & 18 Vict, c 87. 151 the auditing of the accounts of the treasurer of such Sect. 3. borough hi the month of September in any year. The 5 & 6 Will. 4, c. 76, is repealed by 45 & 46 Vict. c. 50, which provides, in sect. 242, that a reference to the latter Act in 17 & 18 Vict. c. 87, shall be deemed to be substituted for a reference to the former Act and any Act amending it. Provisions arc made in 45 & 46 Vict. c. 50, as to the constitution of a town coimcil (ss. 8—16); meetings and entries of proceedings (s. 22); accounts and audit (ss. 25—28); election of auditors (s. 62); borough funds and rate (ss. 139 — 149). By 20 & 21 Vict. c. 81, s. 22, town councils are empowered to make a separate rate for burial expenses. IV. If any burial board under the said Act of the last £»«££&, session of Parliament, or the council of any borough jtgm acting under this Act, can at any time borrow at a lower interest to o » pay off rate of interest than that secured by any mortgage pre- securities viously made by them, and then outstanding and in force, higher rate, they may, if they think fit, so borrow accordingly in order to pay off and discharge any securities or security bearing a higher rate of interest, and to secure the repayment of the money so borrowed, and the interest to be paid thereon, in like manner as other moneys authorized to be borrowed by such burial board or council under the said Act of the last session or this Act. For borrowing powers generally of burial boards, see 15 & 16 Vict. c. 85, ss. 20, 21, and 20 & 21 Vict. c. 81, ss. 18—21. V. If at the time appointed by any mortgage forgj"* payment of the principal money secured thereby any such ^°^ t0 burial board or council as aforesaid are unable to pay off [[™ ages the same, they may, if they think fit, borrow such sum of money as may be necessary for the purpose of paying oil all or any part of such principal money, and secure the repayment of the money so borrowed, and the interest to be paid thereon, in like manner as other moneys autho- rized to be borrowed by such burial board or council under the said Act of the last session or this Act. VI. The council of any borough shall act in execution g^S and exercise of their duties, powers, and authorities under this Act, 152 The Burial Act, 1854. and convey- ances and sale* of lands how to be made. Sect. 6. this Act in like manner as in execution and exercise of their duties, powers, and authorities under the said Act of the fifth and sixth years of King William the Fourth ; and every conveyance of lands to be purchased for the purposes of this Act shall be taken in the name of the body corporate of such borough, and such body corporate shall have power to hold such lands for the purposes of this Act ; and no lands purchased under this Act by the council of any borough shall be sold, except with the like approbation and subject to the like restrictions as if sold under the said Act of the fifth and sixth years of King William the Fourth ; and the signature of any member or members of such council shall not be necessary to any conveyance of any lands so sold ; and a receipt under the hand of the treasurer of such borough shall be a sufficient discharge to the purchaser of any such lands for the purchase money in such receipt expressed to be received. See 45 & 46 Vict. c. 50 (which repeals and, by sect. 242, is sub- stituted for 5 & 6 Will. 4, c. 76), ss. 107—109, for acquisition and sale of lands by a town council. Tor form of queries addressed by the Home Office in case of a proposed new burial ground, see Appendix C. No. 2,2>ost. Burial VII. The burial ground or burial grounds provided for tedeemed any borough under this Act shall be deemed to be pro- the b pari I shc> vided for such parish or parishes wholly or in part borough situate in such borough as the town council shall determine. For the consequences of a burial ground provided under the Burial Acts becoming the burial ground of the parish or parishes for which it is provided, sec 15 & 16 Vict. c. 85, s. 32, ante. council may VIII. It shall be lawful for the council of any borough, fix a higher . . . . •%■,.• rate of if they see fit, in fixing and settling, revising and altering, interment, the fees, payments, and sums mentioned in section thirty- re C spect of four of the said Act of the fifteenth and sixteenth years of partoflny Her Majesty, from time to time to fix all or any of such parish f eeg> p a y m ents, and sums in respect of interments of the 17 £ 18 Vict. c. 87. 163 remains of persons, being inhabitants of that part of any Sect 8, parish partly within and partly without the limits of such partly borough which is without such limits, and in respect of the ' other rights to be exercised with reference to the inter- b ment of the remains of such persons, at a higher amount than the ordinary charge for the time being fixed by such council in respect of the like matters : Provided always, that such higher amount shall be fixed with the approval of one of Her Majesty's principal Secretaries of State. See note to sect. 1, ante. As the town council cannot rate the part of the parish that is without the borough towards the expenses of the burial ground, this section places the inhabitants of such part in a similar position to that of non-parisluoners, for whose burial it is the usual practice of burial boards to charge higher fees than for the burial of parishioners. IX. Where, previously to the making of any Order in Council' 1 Council under this Act in relation to any borough, it gjg^ 85 * appears to Her Majesty in Council, upon the petition ofatajj«iy the town council so made as aforesaid, or otherwise, that burial ... , , . grounds ; any parish wholly or in part within such borough is pro- and in such vided with a sufficient burial ground, it shall be lawful for ra tebe Her Majesty in and by such order to direct that no part "a'eparate of such parish shall be assessed towards defraying the ™.^ n ,e the expenses of executing this Act in such borough, and in ™ s r ^'£ he such case no burial ground provided for such borough under this Act shall be deemed to be provided for such parish ; and any money required to be raised in such borough for defraying such expenses, or paying any money borrowed under this Act by the council of such borough, or any interest thereon, by means of a rate to be levied in such borough, shall be raised by a separate rate, to be levied within such parts of such borough as are not exempted under such order from being assessed as aforesaid ; and (so far as may be consistent with this pro- vision) the council of such borough shall have all sucli powers for making and levying such rate, and all pro- visions shall be applicable in respect thereof, as in the h 3 154 The Burial Act, 1854. Sect. 9. case of a borough rate made under the said Act of the fifth and sixth years of King William the Fourth. By 20 & 21 Vict. c. SI. s, 22. a town council may make a separate rate for burial expeiws. to he made and levied in the same way as a borough rate under 45 & 40 Vict. c. 50, ss. 144 — 149. Powers nt vestry, with consent of bishop, of fixing and revising the fees payable to incum- bent. &c. transferred to the borough council. X. The powers of settling and fixing the fees or sums to be payable to the incumbent or minister, and of revising and varying the fees payable to the incumbent, clerk, and sexton, and other persons and bodies, and of substituting for such fees fixed annual sums, by sections thirty-three and thirty-seven of the said Act of the fifteenth and sixteenth years of Her Majesty given to the vestry, and exercisable with the approval or consent of the bishop of the diocese, as therein mentioned, shall, with respect to fees and sums arising in or from any burial ground provided under this Act by the council of any borough, be transferred to such council and be exer- cisable with the like approval or consent. See notes on sects. 33 and 37 of 15 & 10 Vict. c. S5, ante. The fees mentioned in these sections are not fees to the settlement of which the consent of a Secretary of State is necessary. Such consent is required only for the settlement of fees for interment payable to a burial board under sect. 34 of that Act. (See 18 & ID Vict. c. 128, s. 7.) Council XI. It shall be lawful for the council of any borough to priate land appropriate for the purposes of this Act any land belong- to the m S to the body corporate of such borough, or vested in borough.. an y feoffees, trustees, or others, for the general benefit of the borough, or for any specific charity : Provided always, that where any land so appropriated shall be subject to any charitable use, such land sball be taken on such conditions only as the Court of Chancery, in the exercise of its jurisdiction over charitable trusts, shall appoint and direct. For the appropriation by burial hoards of public or charitable lands for a burial ground, see 15 & 16 Vict. c. 85, s. 29, ante. 17 & 18 Vict. c. 87. 155 XII. So much of the said Act of the fifteenth and six- Sect_12. teenth years of Her Majesty as enacts that " no ground Burial J o j «-. ground not (not already used as or appropriated for a cemetery) shall to be within , . , ' • -■; i IV,. 100 yards of be appropriated as a burial ground or as an addition to a a dweiiing- burial ground under that Act nearer than two hundred yards to any dwelling-house, without the consent in writing of the owner, lessee, and occupier of such dwelling-house," shall not extend or be applicable to or in respect of any burial grounds which have been or may be provided under the said Act of the last session and this Act, or either of them, or to or in respect of any addition which has been or may be so provided to any burial ground ; but no ground not already used as or appropriated for a cemetery shall be appropriated under the said Act of the last session and this Act, or either of them, as a burial ground, or as an addition to a burial ground, nearer than one hundred yards to any dwelling- house, without such consent as aforesaid. For an examination of the provisions of the Burial Acts regu- lating the site and position of new burial grounds, see notes to 18 & 19 Vict. c. 128, s. 9, post. 156 The Burial Act, 1855. 18 & 19 VICT. Cap. 128. An Act further to amend the Laics concerning the Burial of the Dead in England. [14th August, 1855.] Whereas an Act was passed in the session of Parliament holclen in the fifteenth and sixteenth years of Her Majesty 15 & 16 Vict, (chapter eighty-five), " to amend the Laws concerning the c ' **' Burial of the Dead in the Metropolis ;" and an Act was passed in the session of Parliament holden in the six- teenth and seventeenth years of Her Majesty (chapter one 16 & 17 Vict, hundred and thirty-four), " to amend the Laws concern- °' 134 ' ing the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis ;" and an Act was passed in the last session of Parliament (chapter eighty- i7&i8Vict. seven), "to make further Provision for the Burial of the Dead in England beyond the Limits of the Metropolis :" And whereas it is expedient that further provision should be made for the burial of the dead, and tbat the said Acts should be amended : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and con- sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Orders in j; It shall be lawful for Her Majesty, by and with the Council ° J J . under the advice of Her Privy Council, from time to time to post- be '" pone the time appointed by any Order in Council for the Hkc order?, discontinuance of burials, or otherwise to vary any Order in Council made under any of the said recited Acts or this Act (whether the time thereby appointed for the discon- tinuance of burials thereunder or other operation of such order shall or shall not have arrived), as to Her Majesty, with such advice as aforesaid, may seem fit; and every 18 & 19 Vict. c. 128. 157 Order of Her Majesty in Council made before the passing Sect. 1. of this Act for varying any order previously made under the said Acts or any of them shall be deemed valid and effectual in law. As an order cloaing a burial ground may be varied by any subse- quent order, tbe trusts upon which a burial ground may be held are only suspended, and not extinguished, by such order. {In re St. Pancras Burial Ground, L. R. 3 Eq. 173 ; 36 L. J. Ch. 52 ; see ante, p. 140.) II. If any person, after the time mentioned in any Order Penalty on in Council under the said Acts or any of them, or this Act, burying for the discontinuance of burials, shall knowingly and the provi- wilfully bury any body or in anywise act or assist in the orders in burial of any body in any church, chapel, churchyard, Counci1 - burial ground or place of burial, or (as the case may be) within the limits in which burials have by such orders been ordered to be discontinued, in violation of the provisions of any such order, every person so offending shall, upon summary conviction before two justices of the peace, forfeit a sum not exceeding ten pounds. A penalty of 50Z. is imposed by 58 Geo. 3. c. 45, s. 80, for burying within the walls of any church erected under the provisions of the Church Building Acts, or within twenty feet from the external walls thereof, except in brick or stone vaults constructed for the purpose under the church, to which the only access is on the outside of the church. By II! & 17 Vict. c. 134, s. 3, it is made a misdemeanor to bury any body in any place closed by Order in Council. (And see Reg. v. Maude and others, JJ. of Manchester, •"> E. & B. 702 ; 25 L. J. M. C. 45 ; 2 Jur. (n.s.) 182.) This section does not repeal the provisions of the earlier Act, but offers an alternative course of proceeding summarily before justices instead of by indictment, in which case the. punishment would be a line or imprisonment, or both, in the discretion of the court. III. The churchwardens or other persons to whom it Power to • • church- belongs to convene meetings of the vestry of any parish m wardens to . . call vestry which no burial board has been appointed may, at any meetings for time, at their discretion, without requisition of ratepayers burSi for that purpose, convene a meeting of such vestry for the sounds. purpose of determining whether a burial ground shall be provided for the parish ; and where any Order in Council 158 The Burial Act, 1855. Sect. 3- Whore Order iu Council has been made, or notice given to apply to the Privy Council for closing burial grounds, church- wardens shall call a meeting of vestry. lias been made before the passing of this Act for discon- tinuing burials (wholly or subject to any exception or qualification) in any burial ground of any parish for which no burial board has been appointed, or notice has been given of the intention of the Secretary of State to make a representation to Her Majesty in Council that burials should be discontinued (wholly or subject to any excep- tion or qualification) in any burial ground of any parish, the churchwardens or other persons to whom it belongs to convene meetings of vestry shall, with all convenient speed after the passing of this Act, convene a meeting of the vestry for the purpose aforesaid : and where at any time hereafter notice is given of the intention of the Secretary of State to make a like representation in relation to a burial ground of any parish, such churchwardens or other persons as aforesaid shall forthwith convene a meet- ing of the vestry for the purpose aforesaid ; and all the provisions of the said Acts as amended by this Act relating to and consequent upon vestry meetings convened upon such requisition as provided by the first-recited Act shall be applicable to vestry meetings convened under this enactment. This section amends sect. 10 of 15 & 16 Vict. c. 85, which requires a requisition in writing of ten ratepayers to convene such vestry meeting. For notice of intention of Secretary of State to make representation, see 15 & 10 Viet. c. 85, s. 2, and lb" & 17 Vict. c. 134. s. 1. Vacancies in burial board within a month. IV. Every vacancy in any burial board shall be filled tube mied U p by the vestry appointing the same within one month after such vacancy shall have happened, and immediately on the occurrence thereof the same shall be notified by the burial board to the churchwardens or other persons to whom it belongs to convene meetings of the vestry ; and in case any such vestry shall neglect to fill up any such vacancy, the vacancy may be filled up by the burial board at any meeting thereof; and every person to be appointed to supply any such vacancy shall be a ratepayer of the parish for which the burial board is appointed ; and every 18 & 19 Vict. c. 128. 15J> such board may act for any purpose, notwithstanding any Sect. 4. vacancies therein. This section takes the place of 15 & 16 Vict. c. 85, s. 12 (repealed l)y the Statute Law Revision Act, 1875), which allowed the vestry to till up vacancies when and as it should think fit. By 46 & 47 Vict. c. 52, s. 34, a member of a burial board vacates his office on being adjudged bankrupt. The vestry may fill up a vacancy after the month has expired if the burial board lias not done so in the meantime. (Reg. v. SoutJi Weald, 5 B. & S. 391 ; 33 L. J. M. C. 193 ; 10 L. T. (n.s) 498 : 12 W. R. 873.) The reasonable expenses incurred in taking a poll of the rate- payers of any parish on a contested election in case of a vacancy in burial board may be paid by the burial board. (48 & 49 Vict. c. 21, s. 2.) As by sect. 21, post, this Act and 15 & 16 Vict. c. 85, are to be read and construed together as one Act. it would seem that the incumbent of the parish may be elected on the burial board to fill up a vacancy under this section, although not a ratepayer, by virtue of the proviso in sect. 11 of 15 & 16 Vict. c. 85. There is some doubt, however, upon the point, as that section only provides for his appoint- ment upon a new board and subsequent reappointments, and dots not contemplate an appointment to fill a vacancy upon an old board, which is provided for by this section with the added condition that every jierson elected to fill a vacancy shall be a ratepayer. [V. So much of section thirteen of the said Act of the [Monthly nicotines of fifteenth and sixteenth years of Her Majesty as requires that hoards 3 the burial board shall meet once at least in every month shall rtped be repealed.'] Repealed by Statute Law Revision Act, 1875. VI. If the vestry of any parish shall refuse or neglect Sanction of to authorize the expenditure of such sums as the burial required for board of such parish shall have declared to be necessary 'and' other' for providing and laying out a burial ground, and building b,,^,','/ 1 ' the necessary chapel or chapels therein, it shall be lawful 'f'^\ for such burial board to l'epresent such refusal or neglect to one of Her Majesty's principal Secretaries of State ; and in case it shall appear to the Secretary of State, after inquiry into the circumstances of the case, that the burial board are unable to provide such burial ground, or to proceed effectually in the execution of their duties, by reason of such refusal or neglect, it shall be lawful for such Secretary of State, by warrant under his hand, to in am cases. 1G0 The Burial Act, 1855. Sect. 6, authorize such hurial board, without further authority, sanctiou, or approval of or by such vestry, to expend such sums of money for providing and laying out a burial ground, and building the necessary chapel or chapels thereon, and to borrow and charge such money for all or any of such purposes, and to enter into and make such contracts and purchases, and do such other acts as under the sections nineteen, twenty, twenty-six, and forty-two of the said Act of the fifteenth and sixteenth years of Her Majesty might have been expended, borrowed, and charged, entered into, made, and done with the authority, approval, and sanction of such vestry, subject, nevertheless, to such limitation of amount or other limitation or restriction as such Secretary of State may by his warrant prescribe ; and all acts done in pursuance of such warrant shall be as valid and effectual as if the authority, approval, and sanction of such vestry had in every case been obtained. By 15 & 16 Vict. c. 85, s. 19, the expenses to be incurred by the burial board in providing and laying out a burial ground, and building the necessary chapel or chapels therein, are not to exceed such sum as the vestry -hall authorize to be expended for such purpose. By sect. 26 of the same Act, the coasent of the vestry is recpiired to enable the burial board to contract for or purchase any lands for a burial ground. If the vestry refuse to authorize the necessary expenditure, and the warrant of a Secretary of State is obtained under this section, the burial board may forthwith purchase a burial ground without further approval of the vestry. If, how- ever, the vestry authorize the expenditure, but nullify their sanction by refusing to approve of any site for the burial ground under 15 & 16 Vict. c. 85, s. 26, there is some doubt whether this section will assist the board. It is submitted, however, that if it can be shown that the vestry arbitrarily refuse to approve of any proposed site with a view of preventing the board from carrying out the objects of the Burial Acts, the Secretary of State would be justified in issuing his warrant under this section, so as to get rid of the opposition of the vestry. Fees, &c, to vH. All such fees, payments, and sums as may be be subject r . . , to the fixed, settled, and received by any burial board under of Secretary section thirty-four of the said Act of the fifteenth and sixteenth years of Her Majesty, shall be so fixed and settled subject to the approval of one of Her Majesty's principal Secretaries of State ; and no such fees, payments, or sums shall be altered or varied without such approval. 18 <£ 19 Vict. c. 128. 1G1 VIII. It shall be lawful for one of Her Majesty's Sect. 8. principal Secretaries of State from time to time to appoint secretary of and authorize any person to inspect any burial ground or direct may cemetery, parochial or non-parochial, or place for the "nmria? n reception of bodies, to ascertain the state and condition - 1 '"" 1 " 1 *- thereof, and where regulations in relation thereto have been made or may be made by the Secretary of State under the said Acts or any of them, to ascertain whether such regulations have been observed and complied with ; and if ob^^ing any person having the care of any such burial ground or inspector cemetery or other place shall obstruct any person so regulations. authorized to inspect the same, or if any person having the care of any burial ground or place for the reception of bodies subject to such regulations as aforesaid shall violate or neglect or fail to observe and comply with any such regulation, or any regulation imposed by this Act, every person so offending shall upon summary conviction thereof before two justices forfeit and pay a sum not exceeding ten pounds. Regulations concerning burial grounds may be made by the Secretary of State under 15 & 16 Vict. c. 85, s. 41 ; and concerning certain burials in cemeteries by Order in Council under 20 & 21 Vict. c. 81, s. 10. For regulations seeftf.tf, Appendix A. No. 3. IX. So much of the said Act of the fifteenth and jJJgS 06 " sixteenth years of Her Majesty as enacts that " no ground 15 & ™J ict - (not already used as or appropriated for a cemetery) shall pealed. be appropriated as a burial ground or as an addition to a burial ground under that Act nearer than two hundred yards to any dwelling-house, without the consent in writing of the owner, lessee, and occupier of such dwelling-house," "l"™), uot shall be repealed; but no ground not already used as or Jg b |^{£ appropriated for a cemetery shall be used for burials under adweiling- the said Act or this Act, or either of them, within the dis- tance of one hundred yards from any dwelling-house, without such consent as aforesaid. The section hereby partly repealed is sect. 25 of 15 & 16 Vict, c. 85, not sect. 24, as appears in the side-note. See 17 & 18 Vict. c. 87, s. 12. It may be convenient to collect here the various provisions ot the Burial Acts regulating the site and position of new burial grounds : 162 The Burial Act, 1855. Note to By 15 & 16 Vict. c. 85, s. 9, no new burial ground or cemetery Sect. 9. (parochial or non-parochial) shall be provided or used in the metro- polis, or within two miles of any part thereof, without the previous approval of a Secretary of State. By 16 & 17 Vict. c. 134, s. 1. Her Majesty in Council may order that no new burial ground shall be opened in any city or town, or within any defined limits, without the previous approval of a Secretary of State, and by sect. 6, after such order, no new burial ground or cemetery (parochial or non-parochial) shall be provided and used in such city or town or within such limits without such previous approval. 15 & 16 Vict. c. 85, s. 25, originally provided "that no ground not already used as or appropriated for a cemetery shall be appro- priated as a burial ground, or as an addition to a burial ground, under this Act, nearer than two hundred yards, to any dwelling- house, without the consent in writing of the owner, lessee, and' occupier of such dwelling-house." This provision was altered by 17 & 18 Vict. c. 87, s. 12, which declared that the above quoted provision should not apply, and enacted that " no ground not already used as or appropriated for a cemetery shall be appropriated under the said Act of the last session or this Act, or either of them, as a burial ground, or as an addition to a burial ground, nearer than one hundred yards to any dwelling- house, without such consent as aforesaid." It will be noticed that except the substitution of one hundred for two hundred yards, the wording of the latter statute is identical with that of the former. 18 & 19 Vict. c. 128, s. 9, repealed the now useless words of 15 & 16 Vict. c. 85, s. 25, and enacted that " no ground not already used as or appropriated for a cemetery shall be used for burials under the said Act or this Act, or either of them, within the distance of one hundred yards from any dwelling-house, without such consent as aforesaid." This section, it will be seen, only prohibits a new ground from being '-used for burials " within a hundred yards of a dwelling-house; whereas 17 & 18 Vict. c. 87. s. 12, prohibited a new ground from being "appropriated as a burial ground or as an addition to a burial ground" within that distance, it was held in Cowley v. Byas, 5 ( !h. D. 914 ; 26 W. R. 1 ; 37 L. T. 238 ; 41 J. P. 804, that the effect of this difference in language was practically to repeal 17 & 18 Vict. c. 87, s. 12, and that new ground might be appropriated as a cemetery within a hundred yards of a dwelling-house without the consent of the owner or occupier, provided that no part of the ground so appropriated was actually used for the burial of I todies within the hundred yards. The Cemeteries Clauses Act, 1847, 10 & 11 Vict. c. 65, s. 10,. provides that "no part of a cemetery shall he constructed nearer to any dwelling-house than the prescribed distance, or, if no distance be prescribed, two hundred yards, except with the consent in writing of the owner, lessee, and occupier of such house." The limit of two hundred yards applies, therefore, to cemeteries constructed by a local authority under the Public Health (Interments) Act, 1879, 42 & 43 Vict. c. 31, with which the Cemeteries Clauses Act is incor- porated. It will be noticed that each of the sections above cited, 15 & 16 Vict. c. 85, s. 25 ; 17 & 18 Vict. c. 87, s. 12 ; and 18 & 19 Vict. 18 6 19 Vict. c. 128. 163 c. 128, s. 9, is restricted in its operation to new grounds appropriated Note to or used for burial under one or another of the cited Acts, or all of Sect. 9. them. Under the provisions of subsequent Acts for construing such subsequent Acts as one with the previous Burial Acts (see 20 & 21 Vict. c. 81, s. 30 ; 22 Vict. c. 1, s. 2 ; 34 & 35 Vict. c. 33, s. 2), the provisions of these sections are extended to new grounds appro- priated or used for burial under any of the Burial Acts. It would apparently result from the limitation in the operation of these sections that burial grounds not appropriated or used for burial under the Burial Acts, would not be affected by the provisions of the above cited sections with regard to the hundred yards radius; and that private burial grounds might be made subject only to the common law prohibition against nuisances. It was decided, how- ever, by Malins, V. C, in Greenwood v. Wadsworth, L. R. 10 Eq. 288 ; 43 L. J. Ch. 78 ; 29 L. T. 88 ; 21 W. R. 722, that where the approval of the Home Secretary had been requested and obtained for the extension of a private burial ground, sect. 9 of 18 & 19 Vict, c. 128, applied, and the new ground could not be used for burials within the distance of a hundred yards from a house the owner of which had refused his consent. This judgment as reported in the Law Reports is not altogether satisfactory. The Vice-Chancellor is made to say: " The first of the series of these Acts, 15 & 10 Vict. c. 85, pro- vides that no new burial places, whether paroch ial or non-parochial, shall be opened without the previous approval of the owners of buildings. That provision, therefore, consequently applies to burial grounds of all kinds." There is, however, no such provision in that Act at all. The only section in that Act referring to the consent of owners of buildings is sect. 25, and that says nothing about non-parochial burial grounds. The expression " parochial or non- parochial" occurs in sect. 9 of 15 & 10 Vict. c. 85, which provides that no new burial ground (parochial or non-parochial) shall be opened within a distance of two miles from the metropolis without the approval of a Secretary of State, and in 15 & 16 Vict. c. 134,8. 6, which provides that no new burial ground (parochial or non- parochial) shall be opened within limits mentioned in an Order in Council without the approval of a Secretary of State ; but the expression oowhere occurs in connection with the owners of neighbouring property. The premiss, therefore, from which it is inferred that the provision applies to burial grounds of all kinds is erroneous, and the inference fails. Then the Vice- Chancellor is made to continue : " Then the 25th section (of 15 & 16 Vict. c. 85) provides for the formation of new burial grounds, and then follows the enactment prohibiting burials within two hundred yards, which is again general in words." But the section contains the express limitation to burial ground- ••under this Act." So thai again there is a mistaken assumption for the conclusion at which the Vice-Chancellor arrives : " That, therefore, is in my opinion a general enactment." The report does not state the fact that an ( )rder in Council had been made prohibiting the opening of a new burial ground within the district in question without the approval of a Secretary of State (see London Gazette, Feb. 8th, 1870) ; though, perhaps, this might be inferred from the fact that the trustee- of the chapel had applied for and obtained such approval. Carefully con- | sidered, this judgment at the most only decides that the limitation as to distance from a dwelling-house applies to new burial grounds. 164 The Burial Act, 1855. Note to other than public burial grounds provided by burial boards, which Sect. 9. are opened in a district within which the opening of new burial grounds has been prohibited by Order in Council except with the approval of a Secretary of State under 16 & 17 Vict. c. 144, ss. 1, 6. The one hundred yards mentioned in this section are to be measured from the walls of the dwelling-house, not from the wall or boundary of the curtilage adjoining the house. ( Wright v. Wallasey Local Board, 18 Q. B. D. 783.) By 58 Geo. 3, c. 45, s. 80, no body may be buried within the walls of any church erected under the provisions of the Church Building Acts, or within twenty feet from the external walls thereof, except in brick or stone vaults constructed for the purpose under the church, to which the only access is on the outside of the church, under a penalty of 50Z. if rate- X. If the ratepayers assembled at any vestry duly con- res^jve, i and vened under the provisions of this Act shall, in pursuance bm-iai W °f public notice duly given in that behalf, resolve unani- ground may m0 usly that any new burial ground to be provided for their and settled parish, under the provisions of this Act, shall be held and as old burial L r ground. used in like manner and subject to the same laws and regulations in all respects as the existing burial ground or churchyard of the said parish, the land for such new burial ground may be conveyed and settled in accordance with such resolution, anything in this or the said recited Acts notwithstanding, and in such case it shall not be necessary to set apart to remain unconsecrated any portion of the land so conveyed and settled : Provided always, that if at any time within ten years thereafter the vestry, didy convened under the provisions of this Act in pur- suance of public notice duly given in that behalf, should determine that an unconsecrated burial ground should be also provided for such parish, all the powers and provi- sions of the said recited Acts and this Act may be put in force and shall be applicable for providing such unconse- crated burial ground separately, in like manner as they might have been put in force and been applicable for pro- viding an ordinary burial ground for such parish. The public notice required by this section to be duly given must satisfy the provisions of 15 & 16 Vict. c. 85, s. 10, which requires the notice to state the place and hour of holding the vestry meeting, and the special purpose thereof, and to be given in the usual manner in which notices of the meetings of the vestry are given, at least seven days before holding such vestry meeting. 18 & 19 Vict. c. 128. 105 XI. "Where a parish or place has been united with any Sect. 11. other parish or place, parishes or places, for all or any How burial r c ' t. j. j grounds are ecclesiastical purposes, or where two or more parishes or to be pro- places have heretofore had a church or a burial ground for united their joint use, or where the inhabitants of several parishes 1>a ' or places have been accustomed to meet in one vestry for purposes common to such several parishes or places, it shall be lawful for the vestry or any meeting in the nature of a vestry of such several parishes or places in any of the cases aforesaid, and whether any one or more of such parishes or places do or do not separately maintain its own poor, to appoint a burial board, and from time to time to supply vacancies therein, and to exercise the same powers of authorization, approval, and sanction in relation to such burial board, and such other powers as under the said Acts and this Act are vested in the vestry of a parish or place separately maintaining its own poor ; and the burial board so appointed shall have all the powers for providing a burial ground for the common use of such several parishes or places, and for facilitating interments, and otherwise, as if such several parishes or places had been a parish separately maintaining its own poor ; and the expenses of the burial board appointed under this provision shall be borne by the several parishes or places for which such board is appointed, and shall be appor- tioned among them by such burial board in proportion to the value of the property in such several parishes or places as rated to the relief of the poor ; and the sums required by the burial board in respect of the portion of such expenses to be borne by any such parish or place shall be paid out of the rates for the relief of the poor in such parish or place, in like manner as if such burial board had been appointed for such parish or place alone. A burial board cannot be legally appointed under this section without the approval of a Secretary of State. (20 & 21 Vict. c. 81, s. 9, and 34 & 85 Vict. c. 33, s. 1.) ... A burial board of a parish comprising within its hunts several townships, each having separate overseers of the poor, and sepa- rately maintaining its own poor, cannot apportion the sums to be contributed by the various townships unless they bring themselves 166 The Burial Act, 1855. Note to within the provisions of this section, in which case the consent of a Sect 11 Secretary of State to the appointment of the burial board is neces- — - ' sary. (J?^. v. Wright, 8 Jur. (n.s.) 260 ; 10 W. 11. 86 ; 5 L. T. (N.s.) 345.) In that case the ancient parish of Middlewich was divided into fifteen townships, of which Minshull Vernon was one. Each of the said townships had separate overseers, and separately maintained its own poor. The inhabitants of the whole parish assembled in one vestry, and there was an ancient parish church with burial ground attached, which was within the township of Middle- wich. In 1858 the vestry resolved to provide a new burial ground for the whole parish, and appointed a burial board, which borrowed money on mortgage for the purpose of carrying the Burial Acts into execution. In order to make the first annual payment of principal and interest, the board required a sum from the poor rates, and apportioned such sum rateably among the various town- ships. The overseers of Minshull Vernon refused to contribute, and a mandamus was obtained to compel them. The return set out the above facts, and added that the said burial board was appointed and the said money borrowed without the authority of the vestry, or meeting in the nature of a vestry, of the particular township of Minshull Vernon, and that the said burial board was appointed after the passing of 20 & 21 Vict. c. 81, and without the approval of a Secretary of State. On demurrer to the return, it was held that there was no power in the burial board to apportion the sums to be contributed by the various townships unless they brought themselves within the provisions of this section; and when they did that, the consent of a Secretary of State was essential to make their proceedings valid. Consequently the return was good, and judgment must go for the defendants on the demurrer. The parish of Amersham and the hamlet of Coleshill constituted one parish for all ecclesiastical purposes. They had one church for their joint use, and till 1860 one burial ground. They respectively maintained their own poor and had separate overseers, but the rate- payers of both used to meet in one vestry and transact all business usually performed in a vestry with the exception of their separate affairs. This vestry, with the approval of a Secretary of State, appointed a burial board for A. and C, which borrowed money for the purpose of providing a burial ground, and by deed charged the repayment thereof with interest on the future poor rates of A. and C. In order to pay the interest and provide a sinking fund, the burial board made an order upon the overseers of C. to pay out of the poor rates of C. a sum which had been ascertained by apportion- ing the expenses between A. and C. in proportion to the value of property in them as rated to the relief of the poor. Held, that A. and C. were united parishes within the meaning of 18 & 19 Vict. c. 120, s. 11, and that the one burial board was rightly constituted for the two places instead of a joint burial board appointed by the separate parishes under 15 & 16 Vict. c. 85, s. 23; and that the order upon the overseers was good, as the proportion to be paid by A. and C. respectively ought to be calculated according to the rate- able value from time to time as it was necessary to raise the money. CRrff. v. Coleshill, 31 L. J. Q. B. 219; 2 B. & S. 825; 9 Jur. (n.s.) 226; 7 L. T. (N.s.) 244. Affirmed on appeal, 34 L. J. Q. B. 96.) Tor appointment to vacancies in the burial board, see 18 & 19 Vict. c. 128, s. 4, ante. 18 £ 19 Vict. c. 128. 167 If a burial board is appointed under this section for several places Note to having a common vestry as well as separate vestries, it would seem Sect. 11. that in all cases where the Burial Acts require the approval of the vestry to legalize any act of the burial board, the approval of the common vestry would be necessary and sufficient, and not the approval of the majority of the separate vestries under 20 & 21 Vict. c. 81,s.l. XII. The vestry or meeting in the nature of a vestry of j*? rl j£ m any parish, township, or other district not separately bo ap- maintaining its own poor, which has heretofore had a township, separate burial ground, may appoint a burial board, and separately ... , . , , •, t maintaining from time to time supply vacancies therein, and may their own exercise the same powers of authorization, approval, and h^iiad sanction in relation to such burial board, and such other ^.^f tc powers as under the said Acts and this Act are vested in grounds, the vestry of a parish separately maintaining its own poor; and the burial board so appointed shall have all the powers for providing a burial ground and otherwise as if such parish, township, or other district had been a parish separately maintaining its own poor. The provisions of this section are extended by 20 & 21 Vict. c. 81, s. 5, to places which have had no separate burial ground. The existence of a legally constituted burial board for the whole •of a parish does not prevent the vestry of an ecclesiastical district formed out of such parish under 1 & 2 Will. 4, c. 38, which, before the passing of 18 & 19 Vict. c. 128 (14th August, 1855), had a separate burial ground, but did not maintain its own poor, from legally appointing a burial board for such district under this section. {Reg. v. Tonbridge, 13 Q. B. D. 339 ; 53 L. J. Q. B. 489.) [This section is misquoted in the judgment of Brett M. R., as reported in the Law Reports.] Where an ecclesiastical district forming part of a parish may, under this section, appoint a burial board for such district severed from the rest of the parish, the rest of the parish may also appoint a separate burial board for itself. ( Viner v. Tonbridge, 2 El. & El. 9; 5 Jur. (N.S.) 1293; 28 L. J. M. C. 251; 33 L, T. 202.) XIII. Where anv district (whether a parish or township Provision J v ..... for expenses or other subdivision) not separately maintaining its own of burial, poor, but forming part of a parish maintaining its own SgJJ* 8 ^ poor, or of an incorporation or other union maintaining separately r ' I # " maintaining the poor of the places comprised therein, by means ot a their own 1)001" common rate, shall have a burial board, or shall form part of a place or union of places not co-extensive with the 168 The Burial Act, 1855. Sect. 13. area rated for the relief of the poor, and having one burial board, it shall be lawful for such respective burial board to issue their certificate to the overseers of such parish, or the overseers or other persons authorized to make and collect or cause to be collected such common rate (as the case may be), for payment of the sums required for the expenses of such burial board, or, where such district not separately maintaining its own poor forms part only of the area of the burial board, of the sums required in respect of the portion of such expenses to be borne by such district, in like manner as if such district had been a parish separately maintaining its own poor, and such over- seers or persons authorized as aforesaid had been the overseers tbereof; and such overseers or persons shall pay such sums as shall be required by such certificate, according to the directions of such burial board, and shall levy such sums as may be required for such payments to the burial board by an addition to the parish rate or common rate, so far as the same affects the district in respect of which such payments are required, or by separate rates to be made from time to time on such district ; and for levying such additions or separate rates as aforesaid such overseers or other persons shall have the powers, remedies, and privileges, and proceed in the same manner, as in the case of the rates for the relief of the poor ; provided that any such rates may (notwithstanding any restriction in relation to the parish rate or common rate) be made and levied at such times as may be neces- sary to provide for the payments aforesaid. The somewhat complicated provisions of this section may be simplified if taken severally, thus: — If a district not separately maintaining its own poor forms part of a parish or of a poor law union, and has a separate burial board, such burial board may issue its certificate to the overseers of the parish or collectors of the common rate of the union for payment of the sums required for the expenses of such burial board. Or if a district, not separately maintaining its own poor, forms part of an area which is not co-extensive with a parish or poor law union, and such area has one burial board, then that burial board may issue its certificate to the overseers of the parish or collectors of the common rate of the union in which .such district is situated (as the case may be), for payment 18 £ 19 Vict. c. 128. 169 of the sums required in respect of the portion of the expenses of Note to such burial board to be borne by such district. In either case. Sect. 13. whether the district forms a distinct burial area or is only part of a larger one, the overseers or collectors of the parish or union in which it is situated must obey the certificate issued to them and levy rates in the district for the payment of moneys thereby required, as though the district separately maintained its own poor and they were the overseers or collectors thereof. Provision is made for such a district or area to appoint a burial board by sect. 12, ante, aud by 20 & 21 Vict. c. 81, s. 5. XIV. And whereas doubts have arisen whether in all f.° ^'p:, , tion to build cases in which any burial board shall build in any burial * chapel for J i • i Persons not ground provided by such board a chapel for the burial members of service according to the rites of the united Church of of England England and Ireland, such burial board is not also bound tary f by law to build a chapel or chapels upon the unconsecrated represent^ part of such burial ground for the performance of burial *^°. f service for persons not being members of the said church : f0l 5j hs of Be it enacted, that in any such case as aforesaid, where it declares it J , . unneces- shall appear to one of Her Majesty's principal Secretaries sary. of State, upon the representation of a majority of the vestry of any parish, consisting of not less than three- fourths of the members of the same, that the building of a chapel upon the unconsecrated part of any such burial ground for the use of persons not being members of the said church is undesirable and unnecessary, it shall be lawful for the said Secretary of State, if he shall think fit, to signify his opinion to that effect to the burial board of the parish, and the said burial board shall thereupon be relieved from all obligation to build the same : Provided always, that such Secretary of State shall not signify his opinion as aforesaid unless it be shown to his satisfaction that notice of the intention to propose to such vestry to make such representation was given in manner required by law for notices of vestry meetings, and of the special purposes thereof. For provisions as to building chapels upon the unconsecrated portion of a burial ground, see 15 & 16 Vict. c. 85, s. 30, and 16 & 17 Vict. c. 134, s. 7. As to necessary notices for vestry meetings, see note to sect. 10 of 15 & 16 Vict. c. 85, ante, p. 90, and 20 & 21 Vict. c. 81, s. 27, post. I 170 The Burial Act, 1855. Sect. 15. XV. No land already or to be hereafter purchased or Assessment acquired, under the provisions of any of the Acts herein- ratesnotto before recited, for the purpose of a burial ground (with or a1t( n r C iHii- ed without any building erected or to be erected thereon), chases for s hall while used for such purposes be assessed to any the purposes . of this or county, parochial, or other local rates at a higher value any former . . Act. or more improved rent than the value or rent at which the same was assessed at the time of such purchase or acquisition. This section does not apply to cemeteries made by companies. &c. which are rated on their annual value. See note to 10 & 11 Vict. e. T n fp St. Martin. Ludgate. _ St. Peter's, CornhiU. St. Stephen's, Coleman Street. Sr. Sepulchre's. ( Alhallows, Bread Street. ( St. John Evangelist. ( Alhallows the Great. ( Alhallows the Less. I St. Alban's, Wood Street. | St. ( Have's, Silver Street. I St. Anne and St. Agnes. | St. John Zachary. \ St. Austin's. I Sr. Faith's. ( St. Andrew. Wardrobe. I Sr. Anne, Black-Friars, j Sr. Antholius. / St. John Baptist. I St. Bennet. Gracechurch. | St. Leonard, Easteheap. ) St. Bennet, Paul's Wharf. ( St. Peter, Paul's Wharf. ( Christ Church. I St. Leonard, Foster Lane. \ St. Kilnnmd the King. / St. Nicholas Aeons. \ St. George, Botolph Lane. ( St. Botolph, Billingsgate, i St. Lawrence, Jury. I Sr. Magdalen's, Milk Street. I St. Magnus. I Sr. Margaret, New Fish Street, i St. Michael, Royal. / St. Martin's, Vintry. I St. Matthew. Friday Street. | St. Peter's, (heap. ( St. Margaret Pattens. I St. Gabriel, Fcnchurch. ( St. Mary Athill. | St. Andrew Bubbord. ( Si. Mary Wolnoth. I St. Mary Woolcbnrch. ) St. ('lenient. Easteheap. I Sr. Martin's, Orgars. | Sr. Mary Abehurch. I St. Lawrence Pountney. \ St. Mary. Aldenuaiy. I St. Thomas A])Ostle's. iSt. Mary Le How. St. Pancras. Soaper Fane. Alhallows, Honey Fane. I St. Mildred's, Poultry. I St. Mary Cole-church. 20 & 21 Vict. c. 35. 188 ( St. Michael, Wood street. Note. \ St. Mary Staining. 1 St. Mildred. Bread Street. ( St. Margaret Moses. \ St. Michael, Queenhith. | Trinity. I St. Mary Magdalen's, Old Fish Street. I St. Gregories. I St. Mary Somerset. ( St. Mary Munthaw. | St. Nicholas Cole Abby. ( St. Nicholas ( )laves. | St. Olave's, Jury. ( St. Martin's Pomroy, alias Ironmonger Lane. I St. Stephen, Walbrook. | St. Bennet, Sherhog. I St. Swithin. I St. Mary Bothaw. \ St. Vedast. alias St. Foster's. I St. Michael Quern. Tower Burial Ground. — By the ">1 Geo. 3, c. 116, power was given to the Crown to grant a piece of ground within the Tower of London, to be used as an additional burial ground for persons dying within the Tower. Bwihill Fields.— By 30 & 31 Vict. c. 38, it is provided that the Bunhill Fields burial ground shall be preserved as an open space, to be ornamented and laid out, and afterwards maintained in order bj and at the expense of the Corporation of the City of London : power, however, being reserved to the Ecclesiastical Commissioners to assume the management of the ground on notice to the town clerk of the City of London. 184 The Burial Act, 1857. 20 & 21 VICT. Cap. 81. An Act to amend the Burial Acts. [25th August, 1857.] Whereas an Act was passed in the session holden in the fifteenth and sixteenth years of Her Majesty (chapter L5 & 16 Viet, eighty-five), "to amend the Laws concerning the Burial of the Dead in the Metropolis ; " and an Act was passed in the session holden in the sixteenth and seventeenth 16 & 17 Vict, years of Her Majesty (chapter one hundred and thirty-four), " to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis ; " and an Act was passed in the session holden in the seventeenth and eighteenth years of Her Majesty i7&i8Vict. (chapter eighty- seven), "to make further Provision for the Burial of the Dead in England beyond the Limits of the Metropolis ; " and Acts were passed in the session holden in the eighteenth and nineteenth years of Her Majesty (chapters seventy-eight and one hundred and is & 19 Vict, twenty-eight), " to amend the Laws concerning the Burial cc 78, i2b. Q £ t ^ e - Dead .^ i,- nil j lint ] . » And whereas it is expedient to amend the said Acts : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : The 18 & 19 Vict. c. 78, here recited, is a Revenue and Post Office Act. and is recited by mistake. The only Act of the IS & 19 Vict., besides c. 128, in any way relating to the burial of the dead is c. 79, which is entitled " An Act to amend the Law regarding the Burial « » i Poor Persons by Guardians and Overseers of the Poor." See post. •tnvi r on a i 1 v° f L ^ Acts authorized to be done by any burial board, of vin'iH- witu tne a PP rova l> sanction, or authority of the vestry or sufficient vestries of the parish or parishes for which such board is 20 d 21 Vict. c. 81. 185 constituted, may, where a joint burial board is consti- Sect. 1. tuted for more than two parishes, be done with the for Aria s S: 21 Vict. c. 81, s. 5, and that the plaintiff, ou the first avoidance of the rectory, was entitled to the fees in respect of the burial of inhabitants in the district. QCronshaw v. Wigan Burial Board, 8 L. R. Q. B. 217; 12 L. .). Q. 15. 137; 28 L. T. 283.) The ancient parish of St. Maty comprised the district parish of St. .Mark, in which was a churchyard where the parishioners of St. Mark's were buried. In 1S52 a burial board was formed for the whole parish of St. .Mary. In 1853 the churchyard of St. Mark's was closed by Order in Council, and the parishioners of St. Mark's were thenceforth buried in the burial ground provided by the burial board of St. Mary. In 1875 a church called St. James's was built in the district parish of St. Mark, and part of the district of St. Mark was assigned to it by < >rder in Council. The rectorof the parish of St. Mary at the time of the Order in Council was still living. The incumbent of the district of St. Mark died in 1879, having till his death received the Eeefl for all persons buried from the districts of St. Mark and St. James. Held, that St. James was a new parish within 20 & 21 Vict. c. 81, s. 5, and that the incumbent of St. James was entitled to the fees on all burials in the burial ground of persons from the district of St. James. (Harris v. Lambeth Burial Board, 47 J. P. 501.) The sexton of a chapel ry district constituted under 59 Geo. 3, c. 134, s. 16, is not, when the churchyard is closed, entitled to fees 20 d 21 Vict. c. 81. 191 in respect of the burial of inhabitants in a burial ground provided Note to for the parish from which the district has been taken. But the Sect. 5. sexton of such a chapelry district, which is afterwards formed into a district parish for ecclesiastical purposes under 1!) & 20 Vict. c. 104, ss. 11, 14, is entitled by virtue of the proviso in this section to such fees. (Ormerod v. Blackburn Burial Board, 28 L. T. 438; 21 W. R. 539.) The precinct or chapelry of Norwood became long before 1859, by augmentation of Queen Anne's bounty, a perpetual curacy, and was treated as a separate and distinct parish for all civil purposes; baptisms, marriages, and burials being performed in the chapel and the burial ground thereto belonging. In 1850, a portion of th precinct of Norwood was assigned to St. John's Church. Southall, which district became under 6 & 7 Vict. c. 37 and other Acts a new parish for all ecclesiastical purposes. By Order in Council of May, 1859, the chapelry of Norwood, except the part so assigned to St. John's, was constituted a separate parish for ecclesiastical purposes, and the chapel became the parish church of Norwood. In 1860, a piece of land adjoining St. John's Church, which had been conveyed to the Ecclesiastical Commissioners for the purpose of a burial ground for that district (there having been previously no burial ground within the district, and the parishioners thereof having been buried in the churchyard of Norwood), was consecrated as such burial ground, and used as the burial ground both for the parish of St. John and the perpetual curacy of Norwood. The sexton of St. John's performed the duties and received the fees for interments in the churchyard of St. John's. By an Order in Council of September, 1880, a portion of the parish or perpetual curacy of Norwood was assigned to St. John's, and became, under the provisions of 32 & 33 Vict. c. 94, s. 1, a part of that parish. In 1881, a burial board was formed for the whole poor law parish of Norwood (including St. John's and the perpetual curacy of Nor- wood), and they provided a cemetery for the whole district, the churchyard at Norwood being closed for burials. The statute under which the Orders in Council were made (6 & 7 Vict. c. 37), made provision for all other persons affected by the •change, but is silent as to the position of the sexton and his fees. IL'!/!, that the plaintiff (who had been appointed sexton of Norwood in 1865) was not entitled to fees in respect to burials in the ceme- tery from that portion of the parish of Norwood which had been annexed to the parish of St. John; but that the burial board had a right to apportion the burial fees in accordance with the existing limits of the two parishes. (White v. Norwood Burial Hoard. 16 Q. 15. D. 58 ; 55 L. J. Q. B. 63 ; 34 W. R. 123 ; 54 L. T. 81 ; 50 J. P. 100.) VI. Where the guardians of any parish or union are or ^^^ay shall hereafter become possessed of any land suitable to $£%£$£„ the purposes of a burial "round, and the Poor Law Board part ofiand >- tr o belonging to shall consent to the same being appropriated to the recep- any paridi tion of the dead bodies of any poor persons whom such 192 The Burial Act, 1857. for the burial of poor persons. Sect. 6. guardians shall be authorized or required by law to bury, it shall be lawful for the ordinary of the diocese wherein such land shall be situated, if he see fit, to consecrate the whole or a part of such land for burial purposes, and after consecration the guardians may lawfully direct any such dead body as aforesaid to be buried therein ; and the land so consecrated shall not thenceforth be used for any other purposes than for burials according to the rites of the united Church of England and Ireland, and shall be kept in decent order ; and the fences thereof, and any building or other erection therein or adjoining thereto used for the performance of the burial service, shall be main- tained in good repair by the guardians, out of the common fund of such parish or union : Provided nevertheless, that the guardians shall not be authorized to direct the body of any poor person to be buried in such grounds who, or whose husband, wife, or next-of-kin shall, by letter addressed to the master of the workhouse or otherwise, have expressly desired burial to take place elsewhere. By 7 & 8 Vict. c. 101, s. 31, post, guardians or overseers are- authorized to bury the body of any poor person which may be within their parish or union respectively, and charge the expense to any palish under their control to which such person may have been chargeable or in which he may have died, or otherwise in which such body may be; and by sect. 56, for the purposes of the burial of the poor, the workhouse of any union or parish shall be deemed to be situated in the parish to which each poor person to be buried is or has been chargeable. This last provision is somewhat modified by 28 &29 Vict. c. 79, s. 10, which enacts that, "for the purposes of the burial of any poor person dying in the workhouse of any union, such workhouse snail be considered as situated in the parish of the union where such poor person resided last previously to his it moral to tliexoorlthouse" Guardians or overseers arc not, however, required or bound to bury the body of any poor person who does not die in a parish house, poor house, or union house. (Meg. v. Stewart, 12 A. & E. 771 ; 4 P. & D. 349.) By 13 k. 14 Vict. c. 101. s. 2,post, the guardians of a union may contribute towards the enlargement of any churchyard or con- secrated burial ground in the parish wherein the workhouse is situated. By 43 & 44 Vict. c. 41, s. 2, the burial of any poor person may take place in consecrated ground without the rites of the Church of England it the due notice is given as provided by that section. 20 & 21 Vict. c. 81. 193 VII. Where a burial ground has been provided for any Sect. 7. parish under any of the Acts commonly referred to or provision known as the Church Building Acts, and the same has toabur j a i been consecrated, and any money expended in providing !™^ of ' 1 such burial ground has been borrowed on the security of ^Xi 1 under the church rates, it shall be lawful for the incumbent of ^ hl . 1 , 1 ', ch ' > Building the parish, with the consent of the ordinary and the burial Acts. board of such parish, or of any borough or district in which such parish is wholly or in part comprised, by instrument in writing under the hands and seals of such incumbent and ordinary, and under the seal of the said burial board, to declare that, in consideration of the pay- ment of the debt by the said burial board, or of such sum as shall be mutually agreed upon, with the consent of the persons, signified in writing under their hands, to whom two-thirds of such debt is due, the said burial ground shall be vested and be under the care and management of such burial board, and thereupon the same shall be vested in and be under the care and management of such board, and shall be subject to the provisions of the hereinbefore recited Acts and this Act applicable to a consecrated burial ground or the consecrated part of any burial ground provided by any burial board ; and any money borrowed as aforesaid, and remaining owing, and the interest due and to become due thei'eon, and all costs and expenses occasioned by the non-payment thereof, or incurred in providing such burial ground, and then remaining unpaid, shall be charged on and paid out of such rates or fund as under the said last-mentioned Acts and this Act would be chargeable with the expense of providing a burial ground by such board, and such declaration as aforesaid shall be registered in the registry of the diocese; and such board may, with the approval of the vestry, enlarge such burial ground, by the addition of ground to be used for burials otherwise than according to the rites of the Church of England, and to be used subject to the provisions of the Acts herein recited and of this 194 The Burial Act, 1857. Sect. 7. Act in respect to the unconsecrated portions of burial grounds. For an enumeration of the numerous Church Building Acts, see schedule to 47 & 48 Vict. c. 65, post, and for the acquisition of churchyards hy parishes see specially 59 Geo. 3, c. 134. 88. 36 — 39 (incorporating the powers of purchase given by 58 Geo. 3, c. 45), 3 Geo. 4, c. 72, s. 26, and 8 & 9 Vict. c. 70. s. Impost. The power of enforcing payment of church rates, except where money is due on the security of them, was abolished by 31 & 32 Vict. c. 109, ss. 1 — 5. For expenses of the burial board payable out of poor rates, see 15 & 16 Vict. c. 85, s. 19; 18 & 19 Vict. c. 128, ss. 11, 13 ; out of borough fund, 17 & IS Vict. c. 87, s. 3 ; out of separate burial rate for boroughs, 20 & 21 Vict, c. 81, s. 22 ; out of rate in nature of district rate by local boards, 21 & 22 Vict. c. 98, s. 49, re-enacted in Public Health Act, 1875, Sched. V. Part 3 ; out of general district rate, or by separate rate by local boards, 23 & 24 Vict. c. 64, s. 1. The provisions in the Burial Acts relating to unconsecrated portions of burial grounds are 15 & 16 Vict. c. 85, s. 30 ; 16 & 17 Vict. c. 134, s. 7 ; 18 & 19 Vict. c. 128, ss. 10, 14 ; 20 & 21 Vict, c. 81, ss. 3, 11, 17. VIII. It shall and may be lawful for the vestry of any parish in which any burial ground closed by Order in Council may be situate, and which does not belong to such parish, by resolution of the vestry at a meeting called for that purpose, to purchase such burial ground, and from the time of such purchase such burial ground shall belong to such parish, and be subject to all the conditions affecting the burial grounds of the parish in which the same is situate. See 15 & 16 Vict. c. 85, s. 51, for power of incumbent and church- wardens of a parish to which a closed burial ground situated in another parish belongs, to convey the chapel thereof to trustees for such other parish. By the Metropolitan Open Spaces Act. 1881 (II & 45 Vict. 34, s. 4), the vestry of a parish within the metropolis may acquire a closed burial ground within the parish for the purpose of laying out the -nine as an open space accessible to the public. Vestry of parish in which burial ground is dosed may purchase such burial ground if not belong- ing to parish. Burial boards not to be appointed for united parishes, Sic, in cases pro\ ided for by 18 &19 Vict. c. 128, without IX. And whereas by the said Act of the eighteenth and nineteenth years of Her Majesty (chapter one hundred and twenty- eight), it is enacted, that where a parish or place has been united with any other parish or place, parishes or places, for all or any ecclesiastical purposes, or where two or more parishes or places have heretofore 20 f £21 Vict. c. 81. 195 had a church or a burial ground for their joint use, or Sect. 9. where the inhabitants of several parishes or places have conscntTof been accustomed to meet in one vestry for purposes of suu"^ common to such several parishes or places, it shall be o^opia^s lawful for the vestry, or any meeting in the nature of a ^'^''j'j^;' vestrv, of such several parishes or places, in any of the its own J ' x \ ' j poor or has cases aforesaid, and whether any one or more of such a burial parishes or places do or do not separately maintain its a own poor, to appoint a burial board, and from time to time to supply vacancies therein and to exercise the same powers of authorization, approval, and sanction in relation to such burial board, and such other powers as, under the Acts therein recited and that Act, are vested in the vestry of a parish or place separately maintaining its own poor ; where any of the several parishes or places under the circumstances provided for in the said enactment sepa- rately maintains its own poor, or has a separate burial ground, it shall not be lawful for the vestry, or meeting in the nature of a vestry, of such several parishes or places, to appoint a burial board under the said enactment without the approval of one of Her Majesty's principal Secretaries of State ; and in case it appear to the Secretary of State that any such parish or place has a sufficient burial ground, or that otherwise it would not be expedient that the powers given by the said enactment should be exercised in relation to such parish or place, the Secretary of State may direct that such parish or place shall be excepted from the operation of the said enactment, and thereupon the same shall be excepted accordingly ; and the inhabitants of the remaining parish or parishes, place or places, may assemble in vestry, or in a meeting in the nature of a vestry, from time to time, and in such vestry or meeting may proceed in like manner under the said Acts and this Act in all respects as if the inhabitants of such last-mentioned parish or parishes, place or places, exclusively had a vestry for then- common purposes, and were wholly unconnected with the parish or place so excepted. k2 190 The Burial Act, 1857. Note to See 18 & 19 Vict. c. 128, s. 11, and notes thereto. For means of Sect. 9. obtaining approval of Secretary of State, see 34 & 35 Vict. c. 33, post. Coimcii'Ly X - Jt shaI1 be lawful for Her Majesty, by Order made reguiath/ 01 ^Y au< ^ w ** n ^ e a &™ e °f Her Privy Council, on the burial representation of one of Her Majesty's principal Secretaries ground.-. L m j j i r &c. of State, from time to time to establish such regulations as to Her Majesty may seem proper for the protection of the public health, and for the maintenance of public decency, in respect of all burials in common graves in any ceme- teries named in Schedule (B.) to the Act fifteenth aud sixteenth Victoria, chapter eighty-five, and in respect of the like burials in any cemetery established under the authority of any local Act of Parliament ; and every such Order in Council shall be published in the London Gazette; and all persons having the care of such cemeteries and burial grounds and places shall conform to and obey such regulations ; and any such person who shall violate or wilfully neglect to observe any of such regulations shall, on summary conviction thereof before two justices of the peace, forfeit and pay any sum not exceeding ten pounds ; Provided always, that no such representation shall be made in relation to any cemetery or burial ground until ten days' previous notice in writing of the intention to make such representation shall have been given to the person or one of the persons having the control or care of such cemetery or burial ground. By 15 k 1G Vict. c. 85, s. 14, the Secretary of State is empowered to make regulations in relation to burial grounds and mortuaries provided under the Burial Acts. For postponement or variation of Orders in Council, see 18 & 19 Vict. c. 128, s. 1, ante. For saving of rights of cemetery companies mentioned in the Schedule (B.), see 15 & 16 Vict. c. 85, s. 54. RncTre- 0r XI* I fc shall not De necessary to erect or maintain any between the wa ^ or ^ ence between the consecrated and the uncon- eonseciated se crated portions of any burial "round provided under the and uncon- * J . secrated hereinbefore recited Acts and this Act, or any of them : portions of . . , , burial Provided always, that in the case ol any burial ground where there shall be no such wall or fence, it shall be the 20 d 21 Vict. c. 81. 197 duty of the burial board having the care of such burial Sect. 11. ground to place, and from time to time to repair and Boundary renew, such boundary marks of stone or iron as may be p r ovMeu\ be sufficient to show the boundaries of such consecrated and unconsecrated portions respectively. In Reg. v. Tiverton, 31 L. T. (o.s.) 233, decided in 1858, it was held, on demurrer to a return to a mandamus issued before the passing of this Act, that the division between the consecrated and unconsecrated portions of a burial ground was sufficiently marked by a wall twelve inches high. For provisions respecting the unconsecrated portions of burial grounds, see collection in note to sect. 7, ante. XII. If, upon the application in writing by any burial Appeal, board to the bishop of the diocese for the consecration of a burial ground, declared in such writing to be in a fit and proper condition for the purpose of interment according to the rites of the united Church of England and Ireland, which application the board is required to make as soon as such ground is in such fit and proper condition, the said bishop shall refuse to consecrate the same, it shall be lawful for such burial board to appeal from such refusal to the archbishop of the province, who shall decide the matter in dispute ; and if the said archbishop shall decide that the said burial ground is not in a fit and proper condition as aforesaid, then the board shall be bound to put the said ground in a fit and proper condition ; and if the said archbishop shall decide that the said burial ground is in a fit and proper condition as aforesaid, and ought to be consecrated, such decision shall be communi- cated in writing by the archbishop to the bishop aforesaid ; and if after such communication the said bishop shall not within one calendar month consecrate the said burial ground, the said archbishop shall, under his hand and seal, license the same for the interment of bodies accord- ing to the rites of the united Church of England and Ireland, and the licence of the said archbishop so granted as aforesaid shall, until such burial ground be conse- crated, operate to make lawful the use of the same as if it had been consecrated. 198 The Burial Act, 1857. Note to A mandamus will lie to compel a burial hoard to apply to the Sect. 12. bishop to consecrate the burial ground or a part thereof. But in — Reg. v. Attleborough Burial Board, Times, 12th February. 1887, between the day on which the rule nisi had been obtained and the day fixed for showing cause, the burial board, which refused to make application to the bishop, resigned with the exception of one member, who appeared in court to point out that a quorum no longer existed (15 & 16 Vict. c. 85, s. 14) upon which a mandamus could have effect : Solmntur risu tabula 3 . There is no means of compelling a bishop to consecrate, this section leaving the matter in his discretion. Semble, that the minister of the parish would be liable to penalties for refusing to perform the burial service over a parishioner buried in a ground licensed by the archbishop which the bishop had refused to consecrate Power to incumbent or curate to bury in burial ground certified by Secretary of State prior to con- secration. Section 32 oi 'i Geo. i, c. 126, ex- empt iii- fiinerals from tolls, extended to funerals in burial grounds providod for tbc parish although not within its limits. XIII. In any burial ground provided under the powers of the Acts hereinbefore recited or this Act, respecting which one of Her Majesty's principal Secretaries of State shall have certified that the necessary provisions have been complied with, it shall be lawful for the incumbent or incumbents of such parish or parishes for which such burial ground is provided, or his or their curate or curates, or such duly qualified person as any such incumbent may authorize, if such incumbent, curate, or such duly qualified person respectively think fit, to bury in such burial ground prior to the decision of the bishop or archbishop upon the application for the consecration thereof. The provisions necessary to be complied with seem to be the making of proper sanitary arrangements, and of arrangements for facilitating burials (15 tne burial board shall once in every year set mortgages. as ^ e) ou t f the monies charged by such mortgages, such sum as they think proper, being a sum equal to or exceeding one-fiftieth part of the principal money so borrowed. XXI. Any burial board or council of a borough may, for the purpose of raising money, instead of making mortgages under any of the said Acts, grant terminable annuities for a life or lives, or for any number of years not exceeding thirty years, to be paid out of the like monies as provided with regard to the monies secured by such mortgages. Power to XXII. Any money required by the council of any councils of J n i n • ii r boroughs to borough for the purpose of defraying the expense of separate executing the Acts hereinbefore recited, or any of them, buraiand or this Act, or for paying any monies borrowed under expenses. guc k ^ c ^ Qr an y interest thereon, may be raised by such council, if they think fit, by means of a separate rate, to be called a burial rate, to be charged upon all property within such borough liable to be charged to the borough rate ; and the council of such borough shall have all such powers for making and levying such rate, and all provi- sions shall be applicable in respect thereof, as in the case of a borough rate made under the Act passed in the session holden in the fifth and sixth years of King William the Fourth, chapter seventy-six. The 17 & 18 Vict. c. 87, s. 3, ante, empowers councils of boroughs to pay expenses incurred under the Burial Acts out of the borough fund or rates; and 23 .V: 24 Vict. c. borrow at interest on mortgage of the improvement rate and burial rate, or either of them, leviable within the district, such sums of money as may be required by the burial board for the purposes of the Burial Act within the district. II. The clauses and provisions of "The Commissioners Certain p-o- Clauses Act, 1847," with respect to the mortgages to be io&nvict. executed by the commissioners, shall be incorporated with apply to this Act, and shall be applicable to all mortgages created thls Act ' under the provisions thereof. For these clauses, 10 & 11 Vict. c. 16, ss. 75 — 88, wq post. 218 The Burial Act, 1871. 34 & 35 VICT. Cap. 33. An Act to explain and amend the Burial Acts. [29th June, 1871.] 20 & 21 Vict. Whereas under the Burial Acts it is not lawful for a C 81 23 &*2i Vict, vestry or meeting in the nature of a vestry in certain cases to appoint a burial board without the approval of one of Her Majesty's principal Secretaries of State, and doubts have arisen whether such approval is to be given before or after the appointment of a board, and it is expe- dient to remove such doubts : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Approval of I. Where the approval of one of Her Majesty's principal state to Secretaries of State to the appointment of a burial board Sent of' by a vestry or meeting in the nature of a vestry is required board. under the Burial Acts, such vestry or meeting in the nature of a vestry shall not, after the passing of this Act, appoint such board until a resolution of such vestry or meeting declaring the expediency of such appointment has been passed, and notice thereof sent to one of Her Majesty's principal Secretaries of State, and the same has been approved of by the Secretary of State, and approval of such resolution shall be deemed to be approval of the appointment of the board. The Secretary of State before giving such approval may require notice of such resolution, in such form and containing such particulars as he may direct, to be pub- lished in such manner as he may think sufficient for giving notice thereof to all persons interested. [Provided that where the approval of one of Her Majesty's princijial Secretaries of State has been given before the 34 & 35 Vict. c. 33. 219 passing of this Act to the appointment of any burial board, Sect. 1. that approval shall be valid whether it has been given before or after the date of such appointment.] The approval of a Secretary of State to the appointment of a burial board is made necessary by 20 & 21 Vict. c. 81, s. 9, in the case of burial boards appointed under 18 & 19 Vict. c. 128, s. 11; and by 23 & 24 Vict. c. 64, s. 4, in the case provided for in that section. The words in italics are repealed by the Statute Law Revision Act, 1883. II. This Act shall be construed as one with the Acts Act to be mentioned in the schedule to this Act, and those Acts and with Acts in this Act may be cited together as the Burial Acts, 1852 l^ioit tuie. to 1871, and each of them may be cited as the Burial Act of the year in which it was passed. SCHEDULE. The Burial Acts, 1852 to 1871. Session and Chapter. 15 & 16 Vict. c. 85 - 16 & 17 Vict. c. 134 - 17 & 18 Vict. c. 87 - 18 & 19 Vict. c. 128 - 20 & 21 Vict. c. 81 22 Vict. c. 1 - - 23 & 24 Vict. c. 64 25 & 26 Vict. c. 100 Title of Act. An Act to amend the laws concerning the Burial of the Dead in the Metropolis. An Act to amend the laws concerning the Burial of the Dead in England, beyond the limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis. An Act to make further provision for the Burial of the Dead in England beyond the limits of the Metropolis. An Act further to amend the laws con- cerning the Burial of the Dead in England. An Act to amend the Burial Acts. An Act more effectually to prevent danger to the Public Health from places of Burial. An Act to make further provision for the expenses of Local Boards of Health and Improvement Commissioners acting as Burial Boards. An Act to authorize Improvement Com- missioners acting as Burial Boards to mortgage certain rates for the purposes of the Burial Acts. THE BURIAL BOARDS (CONTESTED ELECTIONS J ACT, 1885. 48 & 49 VICT. Cap. 21. An Act to amend the Law with respect to Contested Elec- tions of Burial Boards. [25th June, 1885.] Preamble. Whereas it is expedient that provision should be made with respect to the payment of expenses incurred in con- tested elections of burial boards appointed by vestries : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Short title. j. This Act may be cited as the Burial Boards (Con- tested Elections) Act, 1885. Expenses of II. The reasonable expenses incurred in taking a poll paid by the of the ratepayers of any parish or part of a parish on the board. occasion either of the appointment or re-appointment by the vestry of persons to be the burial board for such parish or part of a parish, or of the filling up by the vestry of any vacancy or vacancies on such burial board, shall be defrayed by the burial board in the same manner as if they were expenses incurred by such burial board in carrying the Burial Acts into execution, and may be included in any certificate to the overseers in respect of the expenses of such burial board. For provisions relative to election of burial boards and to sup- plying vacancies therein, see 15 & 16 Vict. c. 85, ss. 10, 11, and 18 & 19 Vict. c. 128, s. 4. For certificate to overseers, see 15 k. 16 Vict. c. 85, s. 19 ; and in cases of burial boards for places not separately maintaining their own poor, 18 & 19 Vict. c. 128, s. 13. THE PUBLIC HEALTH (INTERMENTS) ACT, 1879. 42 & 43 VICT. Cap. 81. An Act to amend the Public Health Act, 1875, as to Interments. [21st July, 1879.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,) I. This Act may be cited as the Public Health (Inter- ggjjj 18 ments) Act, 1879, and shall be construed as one with the struction. ' ' ' . . 38 & 39 Vict. Public Health Act, 1875, in this Act called the principal c. 55. Act. II. (1) The provisions of the principal Act, as to aThepro- * J x * ■ 1 ' visions of place for the reception of the dead before mter- 38 &39Vict. ment, in the principal Act called a mortuary, tended toi shall extend to a place for the interment of the dead, in this Act called a cemetery ; and the purposes of the principal Act shall include the acquisition, construction, and maintenance of a cemetery. The provisions of the Public Health Act, 1875, as to providing a place for the reception of the dead before interment, are contained in sects. 141 — 143 of that Act. Powers for acquiring land for such a purpose, inter alia, are given by sects. 175 — 178; and for making bye-laws by sects. 182 — 188, post. (2) A local authority may acquire, construct, and maintain a cemetery either wholly or partly within or without their district, subject as to works without their district for the purpose of a 38 & 39 Vict. cemetery to the provisions of the principal Act 3^ ' 222 The Public Health (Interments) Act, 1879. Sect. 2. as to sewage works by a local authority without their district. For these sections, see 2^ost. (3) A local authority may accept a donation of land for the purpose of a cemetery, and a donation of money or other property for enabling them to acquire, construct, or maintain a cemetery. The Memoranda issued by the Local Government Board (1) de- scribing and observing upon the objects of this Act ; (2) setting forth the sanitary requirements of cemeteries ; (3) providing model bye-laws, are set out in Appendix B. 10 & it Vict. m. The Cemeteries Clauses Act, 1847, shall be incor- c. 65, incor- ' ' porated porated with this Act. with this x Act - For The Cemeteries Clauses Act, 1847, see^osi. A local authority providing a cemetery under the provisions of this Act does not become a burial board. It is subject to the pro- visions of the Public Health and Cemetery Clauses Acts, and not to those of the Burial Acts. Where an urban district is a borough, the town council may become a burial board by virtue of 17 & 18 Vict. c. 87, ss. 1, 2, or provide a cemetery under this Act. It will be observed that by sect. 141 of the Public Health Act, 1875, in connection with this Act, the Local Government Board can compel a local authority to provide a cemetery. This Act does not apply to the metropolis as defined in the Metropolitan Management Act, 1855 (18 & 19 Vict. c. 120), the metropolis being excluded from the provisions of the Public Health Act, 1875, by sect. 5 of that Act. The provisions relating to mor- tuaries in the metropolis are contained in sects. 27, 28, of the Sanitary Act, 1866 (29 & 30 Vict. c. 90), as follows :— Sect. 27. Any nuisance authority may provide a proper place for the reception of dead bodies, and where any such place has been provided and any dead body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any justice may, on a certificate signed by a legally qualified medical practitioner, order the body to be removed to such proper place of reception at the cost of the nuisance authority, and direct the same to be buried within a time to be limited in such order ; and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the relieving officer to bury such body at the expense of the poor rate, but any expense so incurred may be recovered by the relieving officer in a summary manner from any person legally liable to pay the expenses of such burial. 42 & 43 Vict. c. 31. 223 Sect. 28. Any nuisance authority may provide a proper place Note to (otherwise than at a workhouse or at a mortuary-house as lastly Sect. 3. hereinbefore provided for) for the reception of dead bodies for and during the time required to conduct any post-mortem examination ordered by the coroner of the district or other constituted authority, and may make such regulations as they may deem fit for the main- tenance, support, and management of such place ; and where any such place has been provided, any coroner or other constituted authority may order the removal of the body for carrying out such post-mortem examination and the re-removal of such body, such costs of removal and re-removal to be paid in the same manner and out of the same fund as the cost and fees for post-mortem examina- tions when ordered by the coroner. The following are the sections of the Public Health Act, 1875, alluded to above : — 32. A local authority shall, three months at least before com- mencing the construction or extension of any sewer or other work for sewage purposes without their district, give notice of the intended work by advertisement in one or more of the local news- papers circulated within the district where the work is to be made. Such notice shall describe the nature of the intended work, and shall state the intended termini thereof, and the names of the parishes, and the turnpike roads and streets, and other lands (if any) through across under or on which the work is to be made, and shall name a place where a plan of the intended work is open for inspec- tion at all reasonable hours ; and a copy of such notice shall be served on the owners or reputed owners, lessees or reputed lessees, and occupiers of the said lands, and on the overseers of such parishes, and on the trustees, surveyors of highways, or other persons having the care of such roads or streets. •s 33. If any such owner, lessee, or occupier, or any such overseer, trustee, surveyor, or other person as aforesaid, or any other owner, lessee, or occupier who would be affected by the intended work, objects to such work, and serves notice in writing of such objection on the local authority at any time within the said three months, the intended work shall not be commenced without the sanction of the Local Government Board after such inquiry as hereinafter men- tioned, unless such objection is withdrawn. 34. The Local Government Board may, on application of the local authority, appoint an inspector to make inquiry on the spot into the propriety of the intended work and into tlie objections thereto, and to report to the Local Government Board on the matters with respect to which such inquiry was directed, and on receiving the report of such inspector, the Local Government Board may make an order disallowing or allowing, with such modifications (if any) as they may deem necessary, the intended work. 224 The Public Health {Interments) Act, 1879. Note to ^ 141. Any local authority may, and if required by the Local Sect. 3. Government Board shall, provide and fit up a proper place for the reception of dead bodies before interment (in this Act called a mortuary), and may make bye-laws with respect to the management and charges for use of the same ; they may also provide for the decent and economical interment, at charges to be fixed by such bye-laws, of any dead body which may be received into a mortuary. 142. Where the body of one who has died of any infectious disease is retained in a room in which persons live or sleep, or any dead body which is in such a state as to endanger the health of the inmates of the same house or room is retained in such house or room, any justice may, on a certificate signed by a legally qualified medical practitioner, order the body to be removed, at the cost of the local authority, to any mortuary provided by such authority, and direct the same to be buried within a time to be limited in such order ; and unless the friends or relations of the deceased undertake to bury the body within the time so limited, and do bury the same, it shall be the duty of the relieving officer to bury such body at the expense of the poor rate, but any expense so incurred may be recovered by the relieving officer in a summary manner from any person legally liable to pay the expense of such burial. Any person obstructing the execution of an order made by a justice under this section shall be liable to a penalty not exceeding five pounds. 143. Any local authority may provide and maintain a proper place (otherwise than at a workhouse or at a mortuary) for the re- ception of dead bodies during the time required to conduct any post- mortem examination ordered by a coroner or other constituted authority, and may make regulations with respect to the manage- ment of such place ; and where any such place has been provided, a coroner or other constituted authority may order the removal of the body to and from such place for carrying out such post-mortem examination, such costs of removal to be paid in the same manner and out of the same fund as the costs and fees for post-mortem examinations when ordered by the coroner. 175. Any local authority may for the purposes and subject to the provisions of this Act purchase or take on lease sell or exchange any lands, whether situated within or without their district ; they may also buy up any water-mill dam or weir which interferes with the proper drainage of or the supply of water to their district. Any lands acquired by a local authority in pursuance of any powers in this Act contained and not required for the purpose for which they were acquired shall (unless the Local Government Board otherwise direct) be sold at the best price that can be gotten for the same, and the proceeds of such sale shall be applied towards dis- charge, by means of a sinking fund or otherwise, of any principal moneys which have been borrowed by such authority on the security 42 d 43 Vict. c. 31. 225 of the fund or rate applicable by them for the general purposes of Note to this Act, or if no such principal moneys are outstanding shall be Sect. 3. carried to the account of such fund or rate. 176. With respect to the purchase of lands by a local authority for the purposes of this Act, the following regulations shall be observed ; (that is to say,) (1) The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, shall be incorporated with this Act, except the provisions relating to access to the special Act, and except section one hundred and twenty-seven of the Lands Clauses Consolida- tion Act, 1845 : (2) The local authority, before putting in force any of the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, shall Publish once at the least in each of three consecutive weeks in the month of November, in some local news- paper circulated in their district, an advertisement describing shortly the nature of the undertaking in respect of which the lands are proposed to be taken, naming a place where a plan of the proposed under- taking may be seen at all reasonable hours, and stating the quantity of lands that they require ; and shall further Serve a notice in the month of December on every owner or reputed owner, lessee or reputed lessee and occupier of such lands, defining in each case the particular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neuter in respect of taking such lands : (3) On compliance with the provisions of this section with re- spect to advertisements and notices, the local authority may, if they think fit, present a petition under their seal to the Local Government Board. The petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners lessees and occupiers of lands who have assented dissented or are neuter in respect of the taking such lands, or who have returned no answer to the notice ; it shall pray that the local authority may, with reference to such lands, be allowed to put in force the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Local Government Board requires : (4) On the receipt of such petition and on due proof of the proper advertisements having been published and notices served the Local Government Board shall take such pel ition into consideration, and may either dismiss the Bame, or direct a local inquiry as to the propriety of assenting to the prayer of such petition ; but until such inquiry has L 3 226 The Public Health (Interments) Act, 1879. Note to keen ma d e no provisional order shall be made affecting any Sect. 3. lands without the consent of the owners lessees and occu- — '- ' piers thereof : (5) After the completion of such inquiry the Local Government Board may, by provisional order, empower the local autho- rity to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served : Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the pro- visional order to which such notices refer shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given ; and any notices or orders by this section required to be served on a number of persons having any right in over or on lands in common may be served on any three or more of such persons on behalf of all such persons. 177. Any local authority may, with the consent of the Local Government Board, let for any term any lands which they may possess, as and when they can conveniently spare the same. 178. The Chancellor and Council of the Duchy of Lancaster for the time being may, if they think fit (but subject and without pre- judice to the rights of any lessee tenant or occupier), from time to time contract with any local authority for the sale of, and may (subject as aforesaid) absolutely sell and dispose of), for such sum as to the said Chancellor and Council may appear sufficient conside- ration, the whole or any part of any lands belonging to Her Majesty her heirs or successors in right of the said duchy, or any right interest or easement in through over or on any such lands which for the purposes of this Act such local authority from time to time deem it expedient to purchase ; and on payment of the purchase money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authority, under the seal of the said duchy, in the name of Her Majesty her heirs or successors the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855. 182. All bye-laws made by a local authority under and for the purposes of this Act shall be under their common seal ; and any such bye-law may be altered or repealed by a subsequent bye-law made pursuant to the provisions of this Act : Provided that no bye- law made under this Act by a local authority shall be of any effect if repugnant to the laws of England or to the provisions of this Act. 42 & 43 Vict. c. 31. 227 183. Any local authority may, by any bye-laws made by them Note to under this Act, impose on offenders against the same such reason- Sect. 3. able penalties as they think fit, not exceeding the sum of five pounds for each offence, and in the case of a continuing offence a further penalty not exceeding forty shillings for each day after written notice of the offence from the local authority ; but all such bye-laws imposing any penalty shall be so framed as to allow of the recovery of any sum less than the full amount of the penalty. Nothing in the provisions of any Act incorporated herewith shall authorize the imposition or recovery under any bye-laws made in pursuance of such provisions of any greater penalty than the penal- ties in this section specified. 184. Bye-laws made by a local authority under this Act shall not take effect unless and until they have been submitted to and con- firmed by the Local Government Board, which Board is hereby empowered to allow or disallow the same as it may think proper : nor shall any such bye-laws be confirmed — Unless notice of intention to apply for confirmation of the same has been given in one or more of the local newspapers circulated within the district to which such bye-laws relate, one month at least before the making of such application ; and Unless for one month at least before any such application a copy of the proposed bye-laws has been kept at the office of the local authority, and has been open during office hours thereat to the inspection of the ratepayers of the district to which such bye- laws relate, without fee or reward. The clerk of the local authority shall, on the application of any such ratepayer, furnish him with a copy of such proposed bye-laws or any part thereof, on payment of sixpence for every hundred words contained in such copy. A bye-law required to be confirmed by the Local Government Board shall not require confirmation allowance or approval by any other authority. 185. All bye-laws made by a local authority under this Act, or for purposes the same as or similar to those of this Act under any local Act, shall be printed and hung up in the office of such autho- rity ; and a copy thereof shall be delivered to any ratepayer of the district to which such bye-laws relate, on his application for the same ; a copy of any bye-laws made by a rural authority shall also be transmitted to the overseers of every parish to which such bye- laws relate, to be deposited with the public documents of the parish. and to be open to the inspection of any ratepayer of the parish at all reasonable hours. 186. A copy of any bye-laws made under this Act by a local authority (not being the council of a borough), signed and certified by the clerk of such authority to be a true copy and to have been duly confirmed, shall be evidence until the contrary is proved in all legal proceedings of the due making confirmation and existence of such bye-laws without further or other proof. 228 The Public Health {Interments) Act, 1879. Note to 187. Bye-laws made by the council of any borough under the Sect. 3. provisions of section ninety of the Act of the sixth year of King — '- ' William the Fourth, chapter seventy-six, for the prevention and suppression of certain nuisances, shall not be required to be sent to a Secretary of State, nor shall they be subject to the disallowance in that section mentioned ; but all the provisions of this Act relating to bye-laws shall apply to the bye-laws so made as if they were made under this Act. 188. The provisions of this Act relating to bye-laws shall not apply to any regulations which a local authority is by this Act authorized to make ; nevertheless, any local authority may cause any regulations made by them under this Act to be published in such manner as they see fit. THE BURIAL LAWS AMENDMENT ACT, 1880. 43 & 44 VICT. Cap. 41. An Act to amend the Burial Laws. [7th September, 1880.] Whereas it is expedient to amend the law of burial in England and the Channel Islands : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. After the passing of this Act any relative, friend, or A^J^ 8 ; legal representative having the charge of or being respon- ™V may sible for the burial of a deceased person may give forty- ttrttaujai . _ Will L3.KC eieht hours' notice in writing, indorsed on the outside place in & , ., , , churchyard "Notice of Burial, to, or leave, or cause the same to be r grave- left at the usual place of abode of the rector, vicar, or ^£ t he other incumbent, or in his absence the officiating minister "hutch S* in charge of any parish or ecclesiastical district or place, England. or any person appointed by him to receive such notice, that it is intended that such deceased person shall be buried within the churchyard or graveyard of such parish or ecclesiastical district or place without the performance, in the manner prescribed by law, of the service for the burial of the dead according to the rites of the Church of England, and after receiving such notice no rector, vicar, incumbent, or officiating minister shall be liable to any censure or penalty, ecclesiastical or civil, for permitting any such burial as aforesaid. Such notice shall be in writing, plainly signed with the name and stating the address of the person giving it, and shall be in the form or to the effect of Schedule (A.) annexed to this Act. The word "graveyard" in this Act shall include any burial ground or cemetery vested in any burial board, or 230 The Burial Laws Amendment Act, 1880. Sect. 1. provided under any Act relating to the burial of the dead, in which the parishioners or inhabitants of any parish or ecclesiastical district have rights of burial ; and in the case of any such burial ground or cemetery, if a chaplain is appointed to perform the burial service of the Church of England therein, notice under this Act shall be addressed to such chaplain, but the same shall be given to or left at the office of the clerk of the burial board, if any, in whom any such burial ground or cemetery may be vested : Pro- vided also, that it shall be lawful for the proprietors or directors of any proprietary cemetery or burial ground to make such bye-laws or regulations as may be necessary for enabling any burial to take place therein in accordance with the provisions of this Act, any enactment to the con- trary notwithstanding. No right is conferred by this Act of burying a deceased person in any place where, apart from this Act, he would not have been entitled to be buried ; sect. 9, post. It should be noticed that the right to give the notice under this section is confined to the relative, friend, or legal personal repre- sentative having the charge of, or being responsible for the burial of a deceased person. Now, the only person who, without taking charge of the burial, is responsible for the burial of a deceased person is the person in whose house the deceased died, for such person may be indicted if he do not have the body buried. (Reg. v. Stewart, 4 P. & D. 349 ; 12 A. & E. 773.) Other persons may ultimately be liable for the expenses of the funeral, as a husband, wife, father, or executors (see ante, p. 2) ; but unless the dead body is in the keeping or control of such persons they are none of them responsible for the burial. A notice therefore to the incumbent under this section, from any relative, &c, who does not take the charge of the burial, and who, from not having the keeping or control of the body is not responsible for the burial, although he may be responsible for the funeral expenses, would not be a good notice, and should be disregarded. The word " friend " used in this section is quite indefinite, and its applicability must depend upon the circumstances of each case. It evidently has not the same meaning as the word "person," but it might be comprehensive enough to include any acquaintance who took sufficient interest in the deceased to give a notice under this section. A notice under this section is bad if it does not set out the name and address of the person giving it. A notice of burial without the church service, given under this section, contained the name of the plaintiff but not his address. The vicar at first objected to bury the body, on the ground that the churchyard was full, but after- wards room was found. The plaintiff attended with his friends on the day named in the notice, but had to postpone the burial to a 43 <& 44 Vict. c. 41. 231 future day. He then sued the vicar for the expenses of the abortive Note to funeral on the day named in the notice. Held, that the notice of Sect. 1. burial was bad for not setting out the plaintiff's address, and the defect was not waived by the subsequent proceedings of the vicar. {Hoove v. Ram, 45 J. P. 729.) If there is one burial board and ground for several parishes or ecclesiastical districts (and there is no chaplain), it would seem that the notice should be given to the incumbent who would (but for this Act) be entitled to perform the burial service, and who is entitled to receive the fees, even though he may not be the incumbent in charge of the ecclesiastical district in which the deceased lived or died, e.g., where a new parish is carved out of an old parish, and there is a burial ground for the whole parish, a notice in respect of an inhabitant of the new parish should be given to the rector or vicar of the old parish, if such rector or vicar is entitled to the burial fees under 20 & 21 Vict. c. 81, s. 5 ; but if not, then to the incumbent of the new parish. For appointment of chaplain where there is a burial board for two or more parishes, see 15 & 16 Vict. c. 85, s. 39 ; for cemeteries under Cemeteries Clauses Act, 1847, see 10 & 11 Vict. c. 65, s. 27. Under sect. 27 of that Act, the chaplain of a cemetery is bound to perform the burial service over all persons (not under ecclesiastical disabilities) buried in consecrated ground, and that section is there- fore pro tanto repealed by this section. II. Such notice, in the case of any poor person deceased, Pau P ers - whom the guardians of any parish or union are required or authorized by law to bury, may be given to the rector, vicar, or other incumbent in manner aforesaid, and also to the master of any workhouse in which such poor person may have died, or otherwise to the said guardians, by the husband, wife, or next-of-kin of such poor person, who, for the purposes of this Act, shall be deemed to be the person having the charge of the burial of such deceased poor person ; and in any such case it shall be the duty of the said guardians to permit the body of such deceased person to be buried in the manner provided by this Act. As to what persons the guardians are required or authorized by law to bury, see note to 20 & 21 Vict. c. 81, s. 6, ante. III. Such notice shall state the day and hour whanjg"^ such burial is proposed to take place, and in case the time stated^ ^ so stated be inconvenient on account of some other service variation, having been, previously to the receipt of such notice, appointed to take place in such churchyard or graveyard, or the church or chapel connected therewith, or on account 232 The Burial Laws Amendment Act, 1880. Sect. 2, °f an y bye-laws or regulations lawfully in force in any graveyard limiting the times at which burials may take place in such graveyard, the person receiving the notice shall, unless some other day or time shall be mutually arranged within twenty-four hours from the time of giving or leaving such notice, signify in writing, to be delivered to or left at the address or usual place of abode of the person from whom such notice has been received, or at the house where the deceased person is lying, at which hour of the day named in the notice, or (in case of burial in a churchyard, if such day shall be a Sunday, Good Friday, or Christmas Day) of the day next following, such burial shall take place ; and it shall be lawful for the burial to take place, and it shall take place, at the hour so appointed or mutually arranged, and in other respects in accordance with the notice : Provided that, unless it shall be otherwise mutually arranged, the time of such burial shall be between the hours of ten o'clock in the forenoon and six o'clock in the afternoon if the burial be between the first day of April and the first day of October, and between the hours of ten o'clock in the forenoon and three o'clock in the afternoon if the burial be between the first day of October and the first day of April : Provided also, that no such burial shall take place in any church- yard on Sunday, or on Good Friday or Christmas Day, if any such day being proposed by the notice shall be objected to in writing for a reason assigned by the person receiving such notice. The general control of burial grounds is vested in the burial boards to which they belong (15 & 16 Vict. c. 85, s. 38), and they may consequently make, subject to the provisions of that Act, such regulations concerning them as they please which do not interfere with acquired rights. (Ash by v. Harris, 37 L. J. M. C. 164 ; 18 L. T. (N.S.) 719.) The regulations which may be made under 20 & 21 Vict. c. 81, s. 10, by Order in Council for the cemeteries mentioned in Schedule (B.) to 15 & 16 Vict. c. 85, and for cemeteries established under local Acts, extend only to matters affecting health and public decency. Proprietors of cemeteries are empowered by section 1 of this Act to make regula- tions for the purposes of this Act. Local authorities, which have provided cemeteries under the Public Health (Interments) Act, 1879, may make bye-laws under the powers given them by section 141 of the Public Health Act, 1875. 43 ost. Construe- II. The words " in the case of a burial under that Act" 43 & 44 Vict, in the first sentence of section eleven of the Burial Laws Amendment Act, 1880, shall be construed and read as if they had been " in the case of a burial under this Act." short title. jjl. This Act may be cited as the Burial and Registra- tion Acts (Doubts Removal) Act, 1881. THE CEMETERIES CLAUSES ACT, 1847. 10 & 11 VICT. Cap. 65. An Act for consolidating in one Act certain provisions usually contained in Acts authorizing the making of Cemeteries. [9th July, 1847.] Whereas it is expedient to comprise in one Act sundry provisions usually contained in Acts of Parliament autho- rizing the making of cemeteries, and that as well for avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings as for insuring greater uniformity in the provisions themselves : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that this Act f ^ ent of shall extend only to such cemeteries as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith, and all the clauses of this Act, save so far as they shall be expressly varied or excepted in any such Act, shall apply to the cemetery authorized thereby, so far as they are applicable to such cemetery, and shall, with the clauses of every other Act incorporated therewith, form part of such Act, and be construed therewith as forming one Act. And with respect to the construction of this Act and *" t ^ s r< ?~ any Act incorporated therewith, be it enacted as follows : this Act. II. The expression " the special Act " used in this Act ' A ^ ial shall be construed to mean any Act which shall be here- after passed authorizing the making of a cemetery, and with which this Act shall be incorporated ; and the word "prescribed" used in this Act in reference to any matter ^[^ d ... herein stated shall be construed to refer to such matter as the same shall be prescribed or provided for in the special 242 Cemeteries Clauses Act, 1847. Sect. 2. Act ; and the sentence in which such word occurs shall he construed as if instead of the word "prescribed" the expression "prescribed for that purpose in the special Act " had been used ; and the expression " the lands " shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression " the company " shall mean the persons by the special Act authorized to construct the cemetery. III. The following words and expressions, in both this and the special Act, and any Act incorporated therewith, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; (that is to say,) Words importing the singular number shall include the plural number, and words importing the plural number only shall include also the singular number : Words importing the masculine gender shall include females : The word " person" shall include a corporation, whether aggregate or sole : The word " lands " shall include messuages, lands, and hereditaments of any tenure : The expression " the cemetery " shall mean the ceme- tery or burial ground, and the works connected therewith, by the special Act authorized to be con- structed : The word " month " shall mean calendar month : The expression " superior courts " shall mean Her Majesty's superior courts at Westminster or Dublin, as the case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the county of Durham : By 28 Vict. c. 48, s. 18, it is provided that "notwithstanding their removal to the site provided by ' The Courts of Justice Con- centration (Site) Act, 1865,' the superior courts of law and equity may exercise the same jurisdiction and enjoy the same rights and " Lands : •' Com- pany.'' Interpreta- tions in this and the special Act. Number : Gender " Person :" " Lands :" "the. ceme- tery :" "Month:" " Superior courts :" 10 & 11 Vict. c. 65. 243 privileges as they have hitherto exercised and enjoyed, and all Note to statutes, charters, and other instruments wherein Wcxtmijister is Sect. 3. described or referred to as being the locality of the said courts shall be construed as if the site provided by ' The Courts of Justice Con- centration (Site) Act, 1865,' had been described or referred to in the said statutes, charters, and other instruments as the locality of the said courts, instead of Westminster." The jurisdiction of the Court of Common Pleas at Lancaster, and of the Court of Pleas at Durham, is transferred to the High Court by 36 & 37 Vict. c. 66, s. 16. The word "oath" shall include affirmation in the case "Oath:" of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath: The expression "Established Church" shall mean the ^^ United Church of England and Ireland as by law Church :" established : By 32 & 33 Vict. c. 42, s. 69, it is provided that " in all enact- ments, deeds, and other documents in which mention is made of the United Church of England and Ireland, the enactments and pro- visions relating thereto shall be read distributively in respect to the Church of England and the Church of Ireland, but as to the last- mentioned Church, subject to the provisions of this Act." The word "county" shall include any riding or other " County •» division of a county having a separate commission of the peace, and shall also include the county of a city or county of a town : The word "justice" shall mean justice of the peace :iJusticc: ' acting for the place where the matter requiring the cognizance of any such justice arises, and if such matter arise in respect of lands situated not wholly in one jurisdiction shall mean a justice acting for the place where any part of such lands shall be situated ; and where any matter is authorized or required to be done by " two justices " the expression ' ' two justices " JUgS. 1 ™ shall be understood to mean two or more justices met and acting together : The expression "quarter sessions" shall mean the JJJg*!! quarter sessions as defined by the special Act, or if m 2 244 Cemeteries Clauses Act, 1847. Sect. 3. such expression be not therein denned it shall mean the general or quarter sessions of the peace which shall be held at the place nearest the cemetery for the county or place in which the cemetery or some part thereof is situated, or for some division of such county having a separate commission of the peace. Citimgthe ^^ ^^ reS p ec t t citing this Act or any part thereof, be it enacted as follows : Short title of this Act. IV. In citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the ex- pression " The Cemeteries Clauses Act, 1847." which por- ^' -^or ^ ne P ur P ose °f incorporating part only of this tions of this Act with any Act hereafter to be passed it shall be enough Act may be J r ° incor- to describe the clauses of this Act with respect to any poratecl . . x ■' in other matter in the words introductory to the enactment with Acts. respect to such matter, and to enact that the clauses so described, or that this Act with the exception of the clauses so described, shall be incorporated with such Act, and thereupon all the clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if such clauses were set forth therein with reference to the matter to which such Act relates. MaUno of And with respect to the making of the cemetery, be it Cemetery. -inn — enacted as follows : Construe- yj # Where by the special Act the company shall be cemetery empowered, for the purpose of making the cemetery, to to the pro- take or use any lands otherwise than with the consent of this and tbe owners and occupiers thereof, they shall, in exercising ciausefcon- the power so given to thern, be subject to the provisions ac^ims? an d restrictions contained in this Act and the Lands Clauses Consolidation Act, 1845, and shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the special 10 & 11 Vict. c. 65. 245 Act, or injuriously affected by the construction of the Sect. 6. works thereby authorized, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, or other parties, by reason of the exercise, as regards such lands, of the powers vested in the company by this or the special Act, or any Act incorporated therewith, and, except where otherwise provided by this or the special Act, the amount of such compensation shall be determined in the manner provided by the Lands Clauses Consolidation Act, 1845, for deter- mining questions of compensation with regard to lands purchased or taken under the provisions thereof, and all the provisions of the last-mentioned Act shall be applicable to determine the amount of such compensation, and to enforce payment or other satisfaction thereof. For Lands Clauses Consolidation Act, see post. VII. If any omission, mis-statement, or wrong descrip- ^° s r f o ;£ d tion shaU have been made of any lands, or of the owners, to^or^ lessees, or occupiers of any lands described in the special be corrected Act or the schedule thereto, the company, after giving ten who shall ' days' notice to the owners of the lands affected by such ^ e . y 1 proposed correction, may apply to two justices for the correction thereof, and if it appear to such justices that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, mis-statement, or wrong description ; and such certificate certificate shall be deposited with the clerk of the peace of posited, the county in which the lands affected thereby shall be situated, and thereupon the special Act or schedide shall be deemed to be corrected according to such certificate, and the company may take the lands according to such certificate, as if such omission, mis-statement, or wrong description bad not been made. VIII. Copies of any alteration or correction of the 5SSa, 8 &L, special Act, or the schedule thereto, or of any extract Jjjjj 1 * 246 Cemeteries Clauses Act, 1841 Sect. 8. therefrom, certified by any such clerk of the peace in whose custody such alteration or correction may be, which certificate such clerk of the peace shall give to all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof. Company not to dis- pose of any land conse- crated or used for burials. Cemetery not to be within a certain dis- tance of houses. IX. The company shall not sell or dispose of any land which shall have been consecrated or used for the burial of the dead, or make use of such land for any purpose except such as shall be authorized by this or the special Act, or any Act incorporated therewith. Trustees of unconsecrated land or buildings used for the purposes of a closed cemetery may, with the sanction of a Secretary of State, let, demise, or lease any parts thereof in which no interments have taken place. (20 & 21 Vict. c. 81, s. 24.) The company have no power under this Act to sell any part of the consecrated ground except for the purpose of vaults and private graves. (Sect. 40, post. - ) For effect of consecration, see ante , p. 22. X. No part of the cemetery shall be constructed nearer to any dwelling-house than the prescribed distance, or if no distance be prescribed, two hundred yards, except with the consent in writing of the owner, lessee, and occupier of such house. This section is applicable to cemeteries made by local authorities under the provisions of the Public Health (Interments) Act, 1879, 42 & 43 Vict. c. 31. For provisions of Burial Acts regulating distance of burial grounds from dwelling-houses, see 17 & 18 Vict. c. 87, s. 12 ; 18 & 19 Vict. c. 128, s. 9, and note thereon. Company may build chapels, &c. XI. The company upon any land which by the special Act they are authorized to use for the purposes of the cemetery may build such chapels for the performance of the burial service as they think fit, and may lay out and embellish the grounds of the cemetery as they think fit. If part of the cemetery be consecrated, the company are bound to build a chapel for the performance of the burial service according to the rites of the Established Church. (Sect. 25, jjost.') 10 <& 11 Vict. c. 65. 247 XII. The company upon any land purchased by them Sect. 12. under this or the special Act, or any Act incorporated company therewith, may make any new roads to the cemetery, or r widen widen or improve any existing roads thereto which they cemetery. think fit. XIII. Provided always, that the company shall not No road to widen or improve any existing road without the consent without consent . of the owner thereof, if the road be private, or if the road be public, without the consent of the persons in whom the management of the road is vested by law. XIV. The company and the owners or persons having owners, &c, the management of any such road as aforesaid may enter into agree- into such agreements as they think fit, for enabling the im e pr o company to widen or improve any such road, and for ^ s 1 maintaining the same. oving 3 for pur- pose. XV. Every part of the cemetery shall be inclosed by cemetery to walls or other sufficient fences of the prescribed materials and Sliced. and dimensions, and if no materials or dimensions be prescribed, by substantial walls or iron railings of the height of eight feet at least. XVI. The company shall keep the cemetery and the Cemetery, buildings and fences thereof in complete repair, and in kept in. /. • j i -3 repair. good order and condition, out of the monies to be received by them by virtue of this and the special Act. The company are therefore the " occupiers " of the cemetery, and are liable to be rated as such. (Reg. v. St. Mary Abbotts, Ken- sington, 12 A. & E. 824 ; 10 L. J. M. C. 25 ; and see Reg. v. Abney Park Cemetery Company, 8 L. K. Q. B. 515 ; 42 L. J. M. C. 124 ; 29 L. T. 174.) XVII. Provided always, that in the exercise of the ^jw* powers by this and the special Act granted to the com- i | ™«^ i i on ges pany they shall do as little damage as can be, and shall done. make full compensation to all parties interested for all 248 Cemeteries Clauses Act, 1847. Sect. 17. damage sustained by them through the exercise of such powers. A burial board was held liable for injury done to a horse from eating leaves and branches of yew trees growing in the burial ground, and projecting over a meadow in which the horse was pasturing. (Croiohurst v. Amersham Burial Board, 4 Ex. Div. 5 ; 45 L. J. Ex. 109 ; 39 L. T. (n.s.) 35.) Prevention And with respect to preventing nuisance from the Nuisances, cemetery, be it enacted as follows : Power to XVIII. The company shall make all necessary and sewers, proper sewers and drams m and about the cemetery, for in and draining and keeping the same dry, and they may from cemetery, time to time, as occasion requires, cause any such sewer or drain to open into any existing sewer, with the consent in writing of the persons having the management of such sewer, and with the consent in writing of the persons having the management of the street or road, and of the owners and occupiers of the lands through which such opening is made, doing as little damage as possible to the road or ground wherein such sewer or drain may be made, and restoring it to the same or as good con- dition as it was in before being disturbed. Certain XIX. When any street or road or sewer shall be of°Water- opened, with such consent as aforesaid, the clauses of the Clauses Act, Waterworks Clauses Act, 1847, with respect to breaking porated Cor ~ U P streets for the purpose of laying pipes, so far as the Aot h tMS same are consistent with this Act and applicable thereto, shall be incorporated with this Act, and shall apply to the company, and to any ground broken by them for making any such sewer or drain as aforesaid to open into any existing sewer. These sections are sects. 28 — 34 of 10 Vict. c. 17, post. Penalty for XX. If the company at any time cause or suffer to be water to be brought or to flow into any stream, canal, reservoir, fouled. aqueduct, pond, or watering place, any offensive matter 10 d 11 Vict. c. 65. 249 from the cemetery, whereby the water therein shall be Sect. 20. fouled, they shall forfeit for every such offence the sum of fifty pounds. The company would be liable at common law for suffering impure water from the cemetery to percolate underground so as to pollute the water of a well in neighbouring land. (Ballard v. Tomlinson, 29 Ch. D. 115 ; Womersley v. Church, 17 L. T. (n.s.) 190.) XXI. The said penalty, with full costs of suit, may be Penalty to . . be sued for recovered by any person having right to use the water within six fouled by such offensive matter, in any of the superior courts, by action of debt or on the case : Provided always, that the said penalty shall not be recoverable unless the same be sued for daring the continuance of the offence, or within six months after it has ceased. XXII. In addition to the said penalty of fifty pounds gJJSJjg 1 (and whether such penalty is recovered or not), any°f?0L,a person having right to use the water fouled by such penalty %. • * ., • ,- during the offensive matter may sue the company in an action on continuance the case in any court of competent jurisdiction for any offence. damage specially sustained by him by reason of the water being so fouled ; or if no special damage be alleged, for the sum of ten pounds for each day during which such offensive matter is brought or flows as aforesaid after the expiration of twenty-four hours from the time when notice of the offence is served on the company by such person. And with respect to burials in the cemetery, be it Burials. enacted as follows : XXIII. The bishop of the diocese in which the^P«^ t0 cemetery is situated may, on the application of the bewtapart company, consecrate any portion of the cemetery set crated for apart for the burial of the dead according to the rites of members oi the Established Church, if he be satisfied with the title of church! ^ the company to such portion, and thinks fit to consecrate m 3 250 Cemeteries Clauses Act, 1847. Sect. 23. such portion ; and the part which is so consecrated shall be used only for burials according to the rites of the Established Church. Consecrated XXIV. The company shall define by suitable marks ground to -i • r j.i be defined, the consecrated and unconsecrated portions oi the cemetery. In Reg. v. Tiverton, 31 L.T. (o.s.) V&.amte, p. 107, decided under 15 & 16 Vict. c. 85, s. 30, it was held that a wall twelve inches in height was sufficient to distinguish the consecrated from the uncon- secrated part of a burial ground. And by 20 & 21 Vict. c. 81, s. 11, ante, p. 196, a wall is declared to be unnecessary, provided there are boundary marks of iron or stone. XXV. The company shall build, within the consecrated part of the cemetery, and according to a plan approved of by the bishop of the diocese, a chapel for the performance of the Burial Service according to the rites of the Established Church. XXVI. No body buried in the consecrated part of the cemetery shall be removed from its place of burial without the like authority as is by law required for the removal of any body buried in the churchyard belonging to a parish church. By 20 & 21 Vict. c. 81, s. 25, ante, p. 205, it is provided that, except in the cases where a body is removed from one consecrated place of burial to another by faculty granted by the ordinary for that purpose, it shall not be lawful to remove any body which may have been interred in any place of burial without license under the hand of a Secretary of State. Nothing short of an Act of Parliament can divest consecrated ground of its sacred character, or enable persons, although they be owners of the soil, to remove bodies therefrom. (Reg. v. Twiss, ante, p. 22; and see note to 47 & 48 Vict. c. 72, s. 3, post.') XXVII. The company shall from time to time, with the approval of the bishop of the diocese in which the cemetery is situated, appoint a clerk in holy orders of the Established Church to officiate as chaplain in the con- secrated part of the cemetery ; and such chaplain shall be licensed by and be subject to the jurisdiction of the said A chapel in connection with the Established Chmch to be con- structed. Bodies when interred not to be removed without lawful authority. Chaplain to be appointed with consent of the bishop. 10 d 11 Vict. c. 65. 251 bishop, and the said bishop shall have power to revoke Sect. 27. any such licence, and to remove such chaplain, for any cause which appears to him reasonable. XXVHI. The chaplain shall, when required, unless JJgg 1 10 prevented by sickness or other reasonable cause, perform BnrM the Burial Service over all bodies brought to be buried in when 1 1 • i j.-i.i j x required. the consecrated part of the cemetery which are entitled to be buried in consecrated ground according to the rites and usage of the Established Church. This and the preceding section are now subject to the provisions of 43 & 44 Vict. c. 41, which provides in the cases therein specified for the burial of deceased persons in the consecrated ground of a cemetery without the service of the Established Church. By section 1 of that Act, the chaplain of a cemetery is the person to whom the notice required by the Act must be addressed ; and, by the proviso to the same section, proprietors of cemeteries are empowered to make such bye-laws and regulations as may be necessary for enabling any burial to take place therein in accord- ance with the provisions of that Act. XXIX. Any clerk in holy orders of the Established g*^^ Church, not being prohibited by the bishop, nor under Jjjg^, ecclesiastical censure, at the request of the executor of church may ' x be allowed the will of any deceased person, or any other person to officiate. having the charge of the burial of the body of any deceased person, and with the consent of the chaplain for the time being of the cemetery, or if there be no chaplain with the consent of the bishop, may perform the said Burial Service over such body in the consecrated part of the cemetery. XXX. The company, out of the monies to be received g^panyto by virtue of this and the special Act, shall allow to the Jgjja « chaplain of the cemetery for the time being such a stipend ■Jg'ggJJy as is approved of by the bishop of the diocese in which the cemetery is situated, which shall be payable, by equal moieties, on the twenty-fifth day of March and the twenty-ninth day of September in each year ; and if any chaplain die, resign, or be removed or appointed, in the 252 Cemeteries Clauses Act, 1847. Sect. 30. interval between the half-yearly days of payment, the company shall pay to him, or his executors or adminis- trators, a part only of the half-yearly payment of the stipend proportioned to the time during which he shall have been the chaplain since the last preceding day of payment. Stipend to be reco- vered by action at law. XXXI. If the stipend of the said chaplain, or any part thereof, be not paid to the chaplain entitled to receive the same, or to the executors or administrators of a deceased chaplain, for the space of thirty days next after any of the days of payment whereon the same ought to be paid, such chaplain, or his executors or administrators, may recover the same, with full costs of suit, against the company, by action of debt or upon the case in any court of competent jurisdiction. Burials in XXXII. All burials in the consecrated part of the the con- secrated cemetery shall be registered in register books to be pro- beVegfs-° vided by the company, and kept for that purpose by chaplain. 1 " ie the chaplain, according to the laws in force by which registers are required to be kept by the rectors, vicars, or curates of parishes or ecclesiastical districts in England; and such register books, or copies or extracts therefrom, shall be received in all courts in evidence of such burials ; and copies or transcripts thereof shall be from time to time sent to the registrar of the ecclesiastical court of the bishop of the diocese in which the cemetery is situated, to be kept with the copies of the other register books of the parishes within his diocese. The Act regulating the keeping of registers by the rectors, vicars, or curates of parishes or ecclesiastical districts in England is 52 Geo. 3, c. 146, modified by 11 Geo. 4 and 1 Will. 4, c. 66, s. 31 ; 6 & 7 Will. 4,ic. 86, s. 1 ; and Statute Law Revision Act, 1873; see, post, Registration. Registers to XXXLU. The said register books, so far as respects to the searches to be made therein, and copies and extracts to o? S 6 U & 7 0E be taken therefrom, shall be subject to the same regula- c. 86^a'sto tions as are provided by an Act passed in the seventh 10 & 11 Vict. c. 65. 253 year of the reign of His late Majesty, intituled An Act for Sect. 33. registering Births, Deaths, and Marriages in England, so searches, far as such regulations relate to register books of burials kept by any rector, vicar, or curate. For 6 & 7 Will. 4 c. 86, s. 35, see, ante, note to 16 & 17 Vict. c. 134, s. 8, p. 146. If the burial take place in consecrated ground without a reli- gious service, or with a service other than that of the Established Church under 43 & 44 Vict. c. 41, the entry of the burial must be made in the register in the manner directed by sect. 10 of that Act. XXXIV. The company may, with the consent of the ^ med chaplain for the time being, from time to time appoint a ^^.^ clerk to assist in performing the service for burials in the part of the , -, ,. tit cemetery. consecrated part of the cemetery, and allow to such clerk such stipend as they think proper out of the monies to be received by virtue of this and the special Act, and they may remove such clerk at their pleasure. XXXV. The company may set apart the whole or a As to burial portion of that part of the cemetery which is not set apart not for burials according to the rites of the Established C f the Church as a place of burial for the bodies of persons not England! being members of the Established Church, and may allow such bodies to be buried therein, under such regulations as the company appoint. XXXVI. The company may allow, in any chapel built Company within the unconsecrated part of the cemetery, a burial any burial ,. -, f service to service to be performed according to the rites ol any be per- church or congregation other than the Established D issen tii>g Church, by any minister of such other church or con- cha P els gregation duly authorized by law to officiate in such church or congregation, or recognized as such by the religious community or society to which he belongs. And now see 43 & 44 Vict. c. 41. XXXVII. The company may appoint gravediggers and J ^* other servants necessary for the care and use of the grave-^ ^ 254 Cemeteries Clauses Act, 1847. Sect. 37. cemetery, and may pay them such wages and allowances as they think fit out of the monies to be received by virtue of this and the special Act, and may remove them or any of them at their pleasure. A bye-law made by a cemetery company prohibited the admission of any discharged workman or servant of the company into the cemetery without special leave of the directors, and authorized the removal of such person if found within the cemeteiy. The owner of a grave employed a discharged servant of the company to do work upon the grave. The company removed him from the premises. Held, that the bye-law was not unreasonable, and that the company was justified in its action. (Martin v. Wyatt, 48 J. P. 215.) Regulations XXXVIII. The company shall make regulations for for ensuring . . decency and ensuring that all burials within the cemetery are conducted solemnity. . n , in a decent and solemn manner. No burials XXXIX. No body shall be buried in any vault under under or •' J close to any chapel of the cemetery, or within fifteen feet of the outer wall of any such chapel. sfrnfo/ ■ And w * tla res P ect to exclusive rights of burial, and Burial, monumental inscriptions, in the cemetery, be it enacted as follows : Parts of the cemetery may be set apart for exclusive burial. Monu- mental in- scriptions. XL. The company may set apart such parts of the cemetery as they think fit for the purpose of granting exclusive rights of burial therein, and they may sell, either in perpetuity or for a* limited time, and subject to such conditions as they think fit, the exclusive right of burial in any parts of the cemetery so set apart, or the right of one or more burials therein, and they may sell the right of placing any monument or gravestone in the cemetery, or an}" tablet or monumental inscription on the walls of any chapel or other building within the cemetery. Although the company may make grants of right of burial in perpetuity, yet it is still the occupier of the whole cemetery, and liable to be rated as such ; and the purchase money received by the company for the sale of plots in which such rights should be exer- 10 6 11 Vict. c. 65. 255 cised is to be treated as forming part of the annual value of the Note to cemetery. (JReg. v. Abney Park Cemetery Company, 8 L. R. Sect. 40. Q. B. 515 ; 42 L. J. M. C. 124 ; 29 L. T. 174 ; Beg. v. St. Mary Abbotts, Kensington, 12 A. & E. 824 ; 10 L. J. M. C. 25.) For incidents attaching to a grant of exclusive rights of burial, see note to 15 & 16 Vict. c. 85, s. 33, ante, p. 116. XLI. The company shall cause a plan of the cemetery £ la " ^ ntl to be made upon a scale sufficiently large to show the reference to situation of every burial place in all the parts of the be open to cemetery so set apart, and in which an exclusive right of burial has been granted ; and all such burial places shall be numbered, and such numbers shall be entered in a book to be kept for that purpose, and such book shall contain the names and descriptions of the several persons to whom the exclusive right of burial in any such place of burial has been granted by the company ; and no place of burial, with exclusive right of burial therein, shall be made in the cemetery without the same being marked out in such plan, and a corresponding entry made in the said book, and the said plan and book shall be kept by the clerk of the company. XLII. The grant of the exclusive right of burial in any Form °J ° . . . . . grant of part of the cemeterv, either in perpetuity or for a limited burial in L- J £* ■ i* e l • 1 a • , vault, &c time, and of the right oi one or more burials tnerem, or ol to be accord- placing therein any monument, tablet, or gravestone, may schedule, be made in the form in the schedule to this Act annexed, or to the like effect, and where the company are not incorporated it may be executed by the company or any two or more of them. XLIII. A register of all such grants shall be kept by Register of ° ° l grants to be the clerk to the company, and within fourteen days kept, after the date of any such grant an entry or memorial of the date thereof and of the parties thereto, and also of the consideration for such grant, and also a proper description of the ground described in such grant, so as the situation thereof may be ascertained, shall be made by the said clerk in such register ; and such clerk shall be entitled to 256 Cemeteries Clauses Act, 1847. Sect. 43. demand such sum as the company think fit, not exceeding the prescribed sum, or if no sum be prescribed two shillings and sixpence, for every such entry or memorial ; and the said register may be perused at all reasonable times by any grantee or assignee of any right conveyed in any such grant, upon payment of the prescribed sum, or if no sum be prescribed the sum of one shilling, to the clerk of the company. Rights of XLIV. The exclusive right of burial in any such place burial, &c, i ■■ ■ • e to be assign- of burial shall, whether granted in perpetuity or for a be be- limited time, be considered as the personal estate of the bywiii? grantee, and may be assigned in his lifetime or bequeathed by his will. The form of grant in the schedule does not mention the heirs of the grantee. It has been doubted whether, if a grant of a plot of ground be made by a cemetery company to the grantee and his heirs, with exclusive right of burial therein, this section would have any operation. Semble, the right would descend according to the form of the grant. (Matthews v. Jeffrey, 6 Q. B. D. 290; 50 L. J. Q. B. 164; 29 W. R. 282 ; 43 L. T. 796 ; 45 J. P. 361.) And see note to 15 & 16 Vict. c. 85, s. 33, ante. Form of XLV. Every such assignment made in the lifetime of assignment. J ° . the assignor shall be by deed duly stamped, in which the consideration shall be duly set forth, and may be in the form in the schedule to this Act annexed, or to the like effect. Assign- XL VI. Every such assignment shall within six months ments to bo „ , „ „ .„ . , . ~ „ . . registered, after the execution thereof, n executed in Great Britain or Ireland, or within six months after the arrival thereof in Great Britain or Ireland, if executed elsewhere, be pro- duced to the clerk of the company, and an entry or memorial of such assignment shall be made in the register by the clerk of the company, in the same manner as that of the original grant ; aud until such entry or memorial no right of burial shall be acquired under any such memorial ; and for every such entry or memorial the clerk shall be entitled to demand 'such sum as the company 10 ^ 11 Vict. c. 65. 257 think fit, not exceeding the prescribed sum, or if no sum Sect. 46. be prescribed, two shillings and sixpence. XLVIL An entry or memorial of the probate of every ggatesof will by which the exclusive right of burial within the registered, cemetery is bequeathed, and in ease there be any specific disposition of such exclusive right of burial in the said will an entry of such disposition, shall, within six months after the probate of such will, be made in the said register, in the same manner as that of the original grant, and until such entry no right of exclusive burial shall be acquired under such will ; and for every such entry or memorial the clerk of the company shall be entitled to demand such sum as the company think fit, not exceeding the pre- scribed sum, or if no sum be prescribed, two shillings and sixpence. XL VIII, No body shall be buried in any place wherein JgfSJgJ 8 the exclusive right of burial shall have been granted by mveiy for the company, except with the consent of the owner for of exclusive the time being of such exclusive right of burial. The owner for the time being will, if the grant is in the form given in the schedule, be the legal personal representative of the grantee. If otherwise, see Matthews v. Jeffrey, supra, s. 44. XLIX. No such grant as aforesaid shall give the right No such to burv within the consecrated part of the cemetery the give the • ■ -i , i • -i • right of bodv of anv person not entitled to be buried in conse- burial in p/ vn fl flfiTfttflfl crated ground according to the rites and usage of tbe ground to f*f*i*£*i in Established Church, or to place any monument, grave- persong , stone, tablet, or monumental inscription respecting any such body within the consecrated part of the cemetery. For the law regarding the right to Christian burial, see ante. p. 6, et sea. L. The company may take down and remove any rowe^to gravestone, monument, tablet, or monumental inscription monuments o ' ' . , •,, . improperly which shall have been placed within the cemetery without erected. their authority. 258 Cemeteries Clauses Act, 1847. Sect. 51. LI. The bishop of the diocese in which the cemetery is situated, and all persons acting under his authority, shall have the same right and power to object to the placing, and to and procure the removal of any monumental inscription within the consecrated part of the cemetery, as he by law has to object to or procure the removal of any monumental inscription in any church or chapel of the Established Church, or the burial ground belonging to such church or chapel, or any other consecrated ground. See note to 15 & 1G Vict. c. 85, s. 38, ante. Bishop to have power to object to monu- mental in- scriptions in conse- crated part of cemetery toijwmn- ■^ n ^ viith. respect to payments to incumbents of parishes bents of r ecclesiastical districts, and to parish clerks, be it Parishes. r — enacted as follows : Payments TJT . The company shall, on the burial of every body bents of within the consecrated part of the cemetery, pay to the from which incumbent for the time being of the parish or ecclesiastical brought! 6 district from which such body shall have been removed for burial, such sums, if any, as shall be prescribed for that purpose in the special Act. Incumbents of new ecclesiastical districts formed out of an old parish after the passing of the South Metropolitan Cemetery Act (6 & 7 Will. 4, c. cxxix.), were held entitled to the burial fees in respect of persons buried from such new districts in preference to the rector of the old parish. QBowyer v. Stantial, 3 Ex. D. 315 ; 38 L. T. 271 ; Vaughan v. South Metropolitan Cemetery Company,. 1 J. & H. 256 ; 30 L. J. Ch. 265.) See ante, p. 115. Company shall keep account of interrnente. LIU. For ascertaining the amount of the payments, if any, to be made to the incumbents of the several parishes or districts aforesaid, the company shall cause books to be kept, and entries to be made therein of the names of all persons whose bodies are buried within the consecrated part of the cemetery, and the names of the parishes or districts from which such bodies respectively have been removed, and the manner of their burial within the cemetery (distinguishing whether in a place of exclusive burial or otherwise) , with the date of such burial ; and such books shall be at all reasonable times open to the 10 £ 11 Vict. c. G5. 259 inspection of the incumbents for the time being of the said Sect. 53. several parishes or districts, or any person employed by them, without fee or reward. LIV. The company shall on the twenty-fifth day of^^f March and twenty-ninth day of September in each year, or J^gS^ within one month after each of the said days, deliver to P^ h £ 8 n . the person who is the incumbent of any parish or eccle- dered haif- siastical district on that day, or to his executors or administrators, on demand made within the said month, an account of the sums, if any, payable in respect of bodies removed for burial within the consecrated part of the cemetery as aforesaid from such parish or ecclesias- tical district during the half-year next preceding the said twenty-fifth day of March or twenty-ninth day of Sep- tember, as the case may be. LV. The sums payable by virtue of the special Act g« to be shall be paid half-yearly on the twenty-fifth day of March Jgj"*' 04 and the twenty-ninth day of September, or within one half-yearly. month afterwards, to the persons who are the incumbents of the parishes or ecclesiastical districts in respect of which the same are payable on such twenty-fifth day of March and twenty-ninth day of September respectively, or the executors or administrators of such incumbents ; (that is to say,) such sums as accrue between the twenty-ninth day of September and the twenty-fifth day of March following shall be paid to the person who is the incum- bent on the twenty-fifth day of March, and such sums as accrue between the twenty-fifth day of March and the twenty-ninth day of September following shall be paid to the person who is the incumbent on the twenty-ninth day of September ; and if any such sums be not paid to the party entitled to receive the same within the period hereinbefore limited for the payment thereof, such party may recover the same, with full costs, by action of debt or on the case, in any court having competent jurisdiction. 260 Cemeteries Clauses Act, 1847. who is to account with his predecessor Sect. 56. LVI. If any incumbent of any parish or district in Payment to respect of which sums are payable by the company by theincum- virtue of the special Act ceases to be incumbent, by time being, 6 cess i° n > death, or otherwise, between the said two half- yearly days of payment, such incumbent shall be entitled to receive so much of the sum payable at the half-yearly day which happens next after he ceases to be incumbent as has accrued from the last preceding half-yearly day, or from the time when such incumbent became first entitled to receive the fruits of his living, as the case may require, up to the day at which he ceased to be incumbent, and the incumbent of any parish or district who receives from the company any sum to a part of which any preceding incumbent is entitled under the provisions herein con- tained shall pay such part to him, his executors or administrators, accordingly ; and the company shall not be answerable to any person, other than the actual incum- bent for the time being, for the payment of any sums by virtue of this or the special Act. Company to pay parish clerks the compensa- tion men- tioned. LVII. The company sball, on the burial of every body within the consecrated part of the cemetery, except where the body is buried at the expense of any parish or ecclesiastical district, or union of parishes for the relief of the poor, pay to the parish clerk of the parish or ecclesi- astical district from which such body has been removed for burial, if he held the office of parish clerk of such parish or ecclesiastical district at the time of the passing of the special Act, but not otherwise, such sum, if any, as shall be prescribed for that purpose in the special Act. Protection of Cemetery. And with respect to the protection of the cemetery, be it enacted as follows : Penalty for LVIII. Every person who shall wilfully destroy or damaging j r j j theceme- injure any building, wall, or fence belonging to the cemetery, or destroy or injure any tree or plant therein, or who shall daub or disfigure any wall thereof, or put up 10 & 11 Vict. c. 65. 261 any bill therein or on any wall thereof, or wilfully destroy, Sect. 58. injure, or deface any monument, tablet, inscription, or gravestone within the cemetery, or do any other wilful damage therein, shall forfeit to the company for every such offence a sum not exceeding five pounds. The clauses for the protection of cemeteries are incorporated with the Burial Acts (15 & 16 Vict. c. 85, s. 40). LIX. Every person who shall play at any game or ?^g ou snort, or discharge fire-arms, save at a military funeral, in committing " ' ° *, nuisances the cemetery, or who shall wilfully and unlawfully disturb in the any persons assembled in the cemetery for the purpose of burying any body therein, or who shall commit any nuisance within the cemetery, shall forfeit to the company for every such offence a sum not exceeding five pounds. LX. And with respect to the accounts to be kept by ^™^ t to the company, be it enacted, that the company shall every be made up, year cause an account to be prepared, showing the total transmitted receipt and expenditure of all monies levied by virtue of of the peace, this or the special Act for the year ending on the thirty- O pento first day of December, or some other convenient day in inspec oru each year, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account, cei'tified by the chairman of the company, and duly audited, and shall send a copy of the said account, free of charge, to the clerk of the peace for the county in which the cemetery is situated, on or before the expiration of one month from the day on which such accounts end, which last-mentioned account shall be open to the in- spection of the public at all reasonable hours, on payment of the sum of one shilling for every such inspection ; and if the company omit to prepare or send such account as aforesaid, they shall forfeit for every such omission the sum of twenty pounds. LXI. And with respect to the tender of amends, be it ™^ of enacted, that if any person shall have committed any 262 Cemeteries Clauses Act, 1847. Sect. 61. irregularity, trespass, or other wrongful proceeding in the execution of this or the special Act, or any Act incor- porated therewith, or by virtue of any power or authority thereby given, and if, before action brought in respect thereof, such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action ; and if no such tender have been made, the defendant, by leave of the court where such action is pending, may at any time before issue joined pay into court such sum of money as he thinks fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. For payment of moneys into and out of court, see E. S. C, 1883. Order 22. Recovery of ^ft w ^h respect to the recoverv of damages not Damages r . "* _ and . specially provided for, and of penalties, and to the deter- — ruination of any other matter referred to justices, be it enacted as follows : 8 & 9 Vict, LXII. The clauses of the Railways Clauses Consolida- porated C as r " tion Act, 1845, with respect to the recovery of damages ^damages, not S p ecial i y p rov ided for, and of penalties, and to the determination of any other matter referred to justices, shall be incorporated with this and the special Act ; and such clauses shall apply to the cemetery and to the company respectively. These clauses, as modified by the Summary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43), are set out post. [in Ireland, rLXILT. Provided always, that in Ireland, in the case of part of l u penalty to any penalty imposed by justices, where the application is guardians not otherwise provided for, such justices may award not more than one-half of such penalty to the informer, and shall award the remainder to the guardians of the poor of the union within which the offence shall have been committed, to be applied in aid of the poor rates of such union.] Repealed by the Statute Law Revision Act, 1875. 10 £ 11 Vict. c. 65. 263 LXIV. All things herein or in the special Act, or any Sect. 64. Act incorporated therewith, authorized or required to be ah stings done by two justices, may and shall be done by any one begone by magistrate having by law authority to act alone for any S^bf purpose with the powers of two or more justices. casefbe done by one. LXV. Every person who upon any examination upon Persons J * l j x giving false oath, under the provisions of this or the special Act, or evidence any Act incorporated therewith, shall wilfully and cor- penalties of ruptly give false evidence, shall be liable to the penalties of wilful and corrupt perjury. And with respect to affording access to the special Act, s "^f J',^ be it enacted as follows : — LXVI. The company shall, at all times after the Copies of . . special Act expiration of six months after the passing of the special to be kept Act, keep in their principal office of business a copy of at their the special Act, printed by the printers to Her Majesty, deposited or some of them, and shall also, within the space of such ^.^ / t h e six months, deposit in the office of the clerk of the peace {j|fopei"to of the county in which the cemetery is situated a copy of inspection, such special Act so printed as aforesaid ; and the said clerk of the peace shall receive and he and the company respectively shall keep the said copies of the special Act, and shall allow all persons interested therein to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms, and under the like penalty for default, as is provided in the case of certain plans and sections by an Act passed in the first year of the reign of Her Majesty, intituled An Act to compel Clerics 7 wm.4 of the Peace for Counties and other Persons to take the Custody of such Documents as shall be directed to be deposited with them under the Standing Orders of either House of Parliament. The 7 Will. 4 and 1 Vict. c. 83, ss. 2, 3, are as follows :— II. And be it further enacted, that all persons interested shall have liberty to, and the said clerks of the peace, sheriff clerks, parish clerks, schoolmasters, town clerks, and postmasters, and every of 264 Cemeteries Clauses Act, 1847. Note to them, are and is hereby required, at all reasonable hours of the day, Sect. 66. to permit all persons interested to inspect during a reasonable time — and make extracts from or copies of the said maps, plans, sections, books, writings, extracts and copies of or from the same, so deposited with them respectively, on payment by each person to the clerk of the peace, sheriff clerk, clerk of the parish, schoolmaster, town clerk, or postmaster having the custody of any such map, plan, section, book, writing, extract, or copy, one shilling for every such inspection, and the further sum of one shilling for every hour during which such inspection shall continue after the first hour, and after the rate of sixpence for every one hundred words copied therefrom. III. And be it further enacted, that in case any clerk of the peace, sheriff clerk, parish clerk, schoolmaster, town clerk, postmaster, or other person shall in any matter or thing refuse or neglect to comply with any of the provisions hereinbefore contained, every clerk of the peace, sheriff clerk, parish clerk, schoolmaster, town clerk, post- master, or other person shall for every such offence forfeit and pay any sum not exceeding the sum of five pounds ; and every such penalty shall, upon proof of the offence before any justice of the peace for the county within which such offence shall be committed, or by the confession of the party offending, or by the oath of any credible witness, be levied and recovered, together with the costs of the proceedings for the recovery thereof, by distress and sale of the goods and effects of the party offending, by warrant under the hand of such justice, which warrant such justice is hereby empowered to grant, and shall be paid to the person or persons making such complaint; and it shall be lawful for any such justice of the peace, to whom any complaint shall be made of any offence committed against this Act, to summon the party complained of before him, and on such summons to hear and determine the matter of such complaint in a summary way, and on proof of the offence to convict the offender, and to adjudge him to pay the penalty or forfeiture incurred, and to proceed to recover the same, although no informa- tion in writing or in print shall have been exhibited or taken by or before such justice ; and all such proceedings by summons without information shall be as good, valid, and effectual to all intents and purposes as if an information in writing had been exhibited. Penalty on LXVIL If the company fail to keep or deposit any of failing to the said copies of the special Act as hereinbefore men- deposrt such tioned they shall forfeit twenty pounds for every such copies. offence, and also five pounds for every day afterwards during which such copy shall be not so kept or deposited. Company not exempt from pro- visions of any future general Act, LXVIII. And be it enacted, that nothing herein con- tained shall be deemed to exempt the company from any general Act relating to burials in towns or populous places which may be passed in the same session of Parliament in which the special Act is passed, or any future session of Parliament. 10 d 11 Vict. c. 65. 265 [LXIX. And be it enacted, that this Act may be amended Sect. 69. or repealed by any Act to be passed in this session of [Act may be n . . , t amended, Parliament.] <£<:.] Repealed by the Statute Law Revision Act, 1869. SCHEDULES to which the foregoing Act refers. Form of Grant of Right of Burial. By virtue of [here name the special Act], we [here state the name or description of the company], in consideration of the sum of to us paid by , of do hereby grant unto the said the exclusive right of burial [or the right of burying bodies, as the case may be,] [or the right of placing a monument, tablet, or gravestone,] in [here describe the ground intended for the exclusive burial, or for placing a monument, tablet, or gravestone, as the case may be, so as to identify the same, and if a place of exclusive burial, add, " numbered on the plan of the cemetery, made in pur- suance of the said Act,"] to hold the same to the said in perpetuity [or the period agreed upon] for the purpose of burial [or as the case may be]. Given under our common seal, [or under our hands and seals, as the case may be,] this day of , in the year of our Lord Form of Assignmeiit of Bight of Burial. I, A. B.,oi , in consideration of the sum of paid to me by C. D., of , do hereby assign unto the said G. D. the exclusive right of burial in [here describe the place], and numbered on the plan ol the cemetery made in pursuance of the said Act, which was granted to me [or unto A. B. of ] in perpetuity [or as the case may be] by [here state the name of the company], by a deed of grant bearing date the day of , and all my estate, title, and interest therein, to hold the same unto the said G. I), in perpetuity [or, as the case may be, for the remainder of the period for which the same was granted by the said company J, subject to the conditions on which I held the same immediately before the execution thereof. Witness my hand and seal, this day of N Repeal of 4 Geo. 4, c. 52. Coroner to give direc- tions for in- terment. Interment. 43 & 44 Vict c. 41. INTERMENTS (FELO DE SE) ACT, 1882. 45 & 46 VICT. Cap. 19. An Act to amend the Law relating to the Interment of any Person found felo de se. [3rd July, 1882.] Whereas it is expedient that the laws and usages relating to the interment of the remains of persons against whom a finding of felo de se shall be had should be further altered and amended : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. The Act of the fourth year of George the Fourth, chapter fifty-two, intituled "An Act to alter and amend the Law relating to the interment of the remains of any person found felo de se," shall be and the same is hereby repealed. II. From and after the passiag of this Act it shall not be lawful for any coroner or other officer having authority to hold inquests to issue any warrant or other process directing the interment of the remains of persons against whom a finding of felo de se shall be had in any public highway, or with any stake being driven through the body of such person, but such coroner or other officer shall give directions for the interment of the remains of such person felo de se in the churchyard or other burial ground of the parish or place in which the remains of such person might by the laws or custom of England be interred if the verdict of felo de se had not been found against such person. III. The interment of any such person as aforesaid may be made in any of the ways prescribed or authorized by the Burial Laws Amendment Act, 1880. 45 & 46 Vict. c. 19. 267 IV. Save as aforesaid, nothing herein contained shall Sect. 4. authorize the performing of any of the rites of Christian RiteToF burial on the interment of the remains of any such person buria* not as aforesaid, or be taken to alter the laws or usages foV^edTn relating to the burial of such persons. interment. V. This Act shall extend to the Channel Islands, but Extent of ' Act. shall not apply to Scotland or to Ireland. VI. This Act may be cited as the Interments (felo de se) Short title. Act, 1882, n 2 BUKIAL OF DEAD CAST ON SHORE FROM THE SEA. 48 GEO. 3, Cap. 75. An Act for providing suitable Interment in Churchyards or Parochial Burying Grounds in England, for such dead Human Bodies as may be cast on Shore from the Sea, in Cases of Wreck or otherwise. [18th June, 1808.] Whereas no provision hath yet been made by the laws now in force for providing suitable interment in church- yards or parochial burying grounds, for such dead human bodies as may be cast on shore from the sea by wreck or otherwise, in that part of the United Kingdom called England: And whereas it is expedient that provision should be made for the decent interment of such bodies ; may it therefore please your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament incases assembled, and by the authority of the same, that, from human and after the passing of this Act, the churchwarden and bodies shall , , , , „ ,. _ be cast churchwardens, overseer and overseers ol the poor for "hurc°h- C ' the time being of the respective parishes throughout oTthe" 5 ' &C ' England, in which any dead human body or dead human pa 5 isl1 ..t. bodies shall be found thrown in or cast on shore from the where the body shall se a by wreck or otherwise, shall and he and they is and be found to J . . . . J cause the are hereby required, upon notice to him or them given removed that any such body or bodies are thrown in or cast on terredin shore by the sea, and is or are lying within the bounds of mannefin the parish for which he or they shall be churchwarden or yard of such churchwardens, overseer or overseers of the poor, to parish. cause the same to be forthwith removed to some con- venient place, and with all convenient speed to cause such body or bodies to be decently interred in the churchyard or burial ground of such parish, so that the expenses 48 Geo. 3, c. 75. 269 attending on such burial do not exceed the sum which at Sect. 1. that time is allowed in such parish for the burial of any person or persons buried at the expense of such parish : Provided always, that in case any such body or bodies shall be thrown in or cast on shore from the sea in any extra-parochial place where there is no churchwarden or churchwardens, overseer or overseers of the poor, then and in every such case the constable or head- borough of such place shall, on notice being given to him that such body or bodies is or are lying in such extra-parochial place, forthwith cause such body or bodies to be removed to some convenient place, and with all convenient speed cause the same to be buried in such and the like manner as the churchwardens and overseers within England are hereby required to bury such body or bodies. The parish of Woolwich had expended sums of money in burying dead bodies found in the Thames near Woolwich, the result of a collision between two steamers at that place. The parish applied to a justice for an order of reimbursement against the county under 48 Geo. 3, c. 75, s. 6. He refused, and on a case stated by Quarter Sessions, it was — Held, that this part of the tidal river was not sea, and therefore the county was not liable to reimburse the parish under the statute. (Woolwich Churchwardens v. Robertson, 6 Q. B. D. 654 ; 50 L. J. M. C. 87; 41 L. T. 747; 29 W. R.S92; 45 J. P. 766; Beg. v Edwards, 45 J. P. 237.) The result of this decision was the passing of 49 Vict. c. 20, extending the provisions of this Act to bodies found in or cast on shore from any tidal or navigable waters, post, p. 274. II. And be it further enacted, that every minister, Minister of . ,, the parish parish clerk, and sexton of such respective parishes shall M perform perform their several and respective duties in such and se rvice, sic. the like manner as is customary in other funerals, and shall admit of such body or bodies being interred in such churchyards or burial grounds without any improper loss of time, receiving for the same, by way of compensation, such and the like sums as in cases of burials made at the expense of such parishes. HI. And be it further euacted, that in case any person J*™^ •or persons shall find any such body or bodies cast on finding doa.i 270 Burial of Dead cast on Shore from the Sea. Sect. 3. shore from the sea by wreck or otherwise, and shall human within six hours thereafter give notice thereof to some giving ' one of the churchwardens or overseers of the poor of the thereof to parish for the time being in which such body or bodies parish offl- s i ia ii De found, or to the constable or headborough for the time being, in case such body or bodies shall be found in any extra-parochial place, or cause such notice to be left at his or their last or usual place or places of abode, then and in every such case such person or persons shall receive the sum of five shillings for his, her, or their trouble, such sum to be forthwith paid to the person or persons first giving such notice only ; but nevertheless that no greater sum than five shillings shall be paid for any one notice, although there may be a greater number of such bodies than one. finding dead IV. Provided always, and be it further enacted, that in bofoescast case an y person or persons shall find any such body or andnotgiv- bodies cast on shore from the sea by wreck or otherwise, subiecTtoa anc ^ s ^ a ^ no * wu ^hin six hours thereafter give notice to penalty. some one of the churchwardens or overseers of the poor of the parish for the time being in which such body or bodies shall be found, or to the constable or headborough for the time being, in case such body or bodies shall be found in any extra-parochial place, or cause such notice to be left at his or their last or usual place or places of abode, then and in every case such person or persons shall for every such offence forfeit and pay the sum of five pounds. By 49 Vict. c. 20, s. 1, it is sufficient to give the required notice to a police constable. Expensesto V. And be it further enacted, that all necessary and be paid by J church- proper payments, costs, charges, and expenses which shall be made or incurred in or about the execution of this Act, shall be made and paid by the churchwarden or churchwardens, overseer or overseers, constable or head- borough for the time being of such respective parishes and places as aforesaid. 48 Geo. 3, c. 75. 271 VI. And, for the purpose of reimbursing him or them Sect. 6. all such payments, costs, charges, and expenses, be it who arc to further enacted, that it shall and may be lawful to and buraedby for any one justice of the peace for the county or place ilureroftne within that part of the United Kingdom called England, countT - in which any such body or bodies shall have been so removed and buried as aforesaid, by any writing under his hand, to order and direct the treasurer for such county to pay such sum or sums of money to such churchwarden and churchwardens, overseer and overseers, constable or headborough, for his or their costs and expenses in or about the execution of this Act (after the same shall have been duly verified on oath) as to the said justice shall seem reasonable and necessary ; and such treasurer shall and he is hereby authorized and required forthwith to pay the sum or sums of money so ordered and directed to be paid to the person or persons empowered to receive the same ; and such treasurer shall be allowed the same in his accounts. VII. Provided always, and be it enacted, that in case Penalty on any such churchwarden or churchwardens, overseer or cers neglect- overseers, constable or headborough, shall refuse or neglect move and to remove or cause to be removed such body or bodies human from the sea shore, to some convenient place prior to the fo'^ior east on lore. interment thereof, for the space of twelve hours after such c s ™ notice given to him or them, or left in writing at his or their last or usual place or places of abode by any person or persons whomsoever, or shall neglect or refuse to per- form the several other duties required of him and them by this Act, then and in every such case every such church- warden or overseer, constable or headborough, shall for every such offence forfeit and pay the sum of five pounds. VIII. And be it further enacted, that all penalties and Recovery of . . . penalties forfeitures which shall be incurred under this Act . . . under tni3 Act. 272 Burial of Dead cast on Shore from the Sea. Sect 8. when recovered, shall be paid to the informer or in- formers ; . . . The provisions in sects. 8, 9, 10, 11 of this Act, omitted here, relating to the procedure in recovering penalties and on appeal are repealed, and others substituted by the Summary Jurisdiction Act. 1884. ^quarter X. Provided always, and be it enacted, tbat if any person or persons shall think himself, herself, or them- selves aggrieved by any judgment or determination, or by any matter or thing done in pursuance of this Act, such person or persons may appeal to the justices of the peace at tbe general or quarter sessions of the peace . and the said justices may if they see cause mitigate any fine, penalty, or forfeiture, and may also order such further satisfaction to be made to the party injured as they shall judge reasonable ; and all such determinations of the said justices shall be final, binding, and conclusive upon all parties, to all intents and purposes whatsoever. sessions. be paid by 'XII. Provided always, and be it further enacted, that curi-ingthe aU penalties and expenses attendant thereon, which shall noTbythe ^ e mcurre d under the provisions of this Act, shall be parish. p a id and borne by the person or persons incurring the same, and that the parish or place wherein such person or persons ought to have acted in the duties prescribed by this Act shall be wholly exempted therefrom. Lords of XIII. Whereas in cases of dead wrecks, wherein no manors, &c, •,. . e -, i ., , , » to pay the living person is tound, or owner known, the lords of heretofore 8 manors on which any such dead body or dead bodies daidhuman ma y ^ c was bed in, and who are entitled to wreck there, bodies, &c. jjayg usually paid a small fee for the placing such body or bodies in the ground in the state in which the same have been found, and such payments have been adduced and admitted as proof on trials at common law of the right of such lords of manors to wrecks in such manors ; be it 48 Geo. 3, c. 75. 273 therefore enacted, that in all and every such cases it shall Sect. 13. and may be lawful to and for all and every lord or lords of any manor or manors throughout England to pay or cause to be paid to the churchwarden or churchwardens, overseer or overseers, constable or headborough of such respective parishes and places as aforesaid, such and the like sums as he or they was or were heretofore accustomed to pay for the placing any such body or bodies into the ground as aforesaid ; such sums to go in part payment and discharge of the costs and expenses to be incurred in or about the execution of this Act, and credit to be given for the same by such overseers, churchwardens, constable or headborough, in their accounts with the county to which such accounts shall be submitted ; anything in this Act to the contrary thereof in anywise notwithstanding. DROWNED PERSONS (DISCOVERY AND INTER- MENT) ACT, 1886. 49 VICT. Cap. 20. An Act to amend the Law in respect to the Discovery and Interment of Persons drowned. [4th June, 1886.] Whereas an Act was passed in the forty-eighth year of the reign of King George the Third, intituled " An Act for providing suitable interment in churchyards or parochial burying grounds in England for such dead human bodies as may be cast on shore from the sea in cases of wreck or otherwise" (in this Act called "the principal Act"), and it is expedient to amend the same and make it applicable to the discovery and interment of dead human bodies cast on shore from any tidal or navigable waters, or found in any such tidal or navigable waters and brought on shore : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Sprortsiona ^ ^ e P rov i s i° ns °f the principal Act shall be deemed of principal i extend and apply not only to dead human bodies found in or cast on shore from the sea by wreck or otherwise, but also to any dead human body or dead human bodies found in or cast on shore from any tidal or navigable waters, and to all such body or bodies found floating or sunken in any such waters and brought on to the shore or bank thereof: Provided, that notice of the finding of any such body or bodies shall be deemed to be duly given in pursuance of the principal Act if given to a police constable within the time specified in that Act, and such constable shall forthwith communicate the same to the parish officers mentioned in the said Act. METROPOLITAN OPEN SPACES ACT, 1881. 44 & 45 VICT. Cap. 34. An Act to amend the Metropolitan Open Spaces Act, 1877. [11th August, 1881.] Whereas by the Metropolitan Open Spaces Act, 1877, c 36- certain facilities were provided for making available the open spaces in the metropolis for the use of the inhabitants thereof for exercise and recreation, and it is expedient to amend and extend the said Act, and to provide greater facilities for the purpose aforesaid : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. In this Act, unless the context otherwise requires— jjSJgg*; " Open space " means any land (whether inclosed or uninclosed) which is not built on, and which is laid out as a garden or is used for purposes of recreation, or lies waste and unoccupied ; but shall not include any inclosed land which has not a public road or foot- path completely round the same ; " The metropolis " means the metropolis as defined by the Metropolis Management Act, 1855 ; c m "The Metropolitan Board" means the Metropolitan Board of Works as constituted by the same Act ; " Vestry " means a vestry of one of the parishes speci- fied in Schedule A. of the same Act ; " District board " means a board of works of one of the districts specified in Schedule B. of the same Act ; " The corporation " means the mayor and commonalty and citizens of the city of London, and the powers 276 Metropolitan Open Spaces Act, 1881. Sect. 1. conferred upon them by this Act may be exercised by the mayor, aldermen, and commons of the said city in common council assembled ; The " owner " of a churchyard, cemetery, or burial ground means the person or persons, corporation sole, or body corporate in whom the soil and freehold of such churchyard, cemetery, or burial ground is vested, whether as appurtenant or incident to any benefice or cure of souls, or otherwise. The term " burial ground " shall include any ground, whether consecrated or not, which has been at any time set apart for the purposes of interment, and in which interments have taken place since the year 1800. Power to u # "Wh ere an y pen space within the metropolis is trustees lo _^ , transfer under the provisions of any private or local Act of Parha- ccrtain open x i e • spaces ment placed under the care and management ot trustees or authority, other persons, with a view to the preservation and regula- tion of the same as a garden or open space, it shall be lawful for the said trustees or other the managing body thereof for the time being, in pursuance of any resolution duly passed as hereinafter mentioned, and with the con- sent, to be signified in manner hereinafter appearing, 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 convey, assign, or transfer for valuable or nominal consideration, or by way of gift, to the Metropolitan Board, or to the vestry or district board of the parish or district in which such open space or any part thereof is situate, the soil and freehold of, or other their entire interest in, or (where no interest in the soil of such open space is vested in them) the entire care and management of the said open space, to the end that the same may be preserved for the enjoyment of the public ; and upon such conveyance, assignment, or transfer such trustees or other managing body shall be relieved and discharged from all trusts, powers, and duties 44 & 45 Vict. c. 34. 277 imposed upon thern by the Act or other instrument under Sect. 2. which they were constituted, or under which they then act or otherwise with reference to the said open space, but shall hold any purchase money paid for or in respect of the said open space in trust for the benefit of the persons or class of persons for whose benefit the said open space was previously preserved and managed by the said trustees, 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. It shall be lawful for any such trustees or managing body as aforesaid, in pursuance of any such resolution as aforesaid, and with such consent as aforesaid, for any valuable or nominal consideration, by way of rent or other- wise, or without any consideration, to grant or transfer to the Metropolitan Board, or to any such vestry or district board as aforesaid, any term of years or other limited interest in or any right or easement over such open space, or to enter into any agreement with the Metropolitan Board or any such vestry or district board as aforesaid for the opening to the public of such open space, and the care and management thereof by such board or vestry at all times or at any specified time or times, without the transfer to such board or vestry of any interest in the soil of such open space ; and any such grant, demise, transfer, or agreement as aforesaid shall be deemed a good execu- tion of the trusts, powers, and duties imposed upon the said trustees by the Act or other instrument under which they are constituted or act. A resolution under this section shall be deemed to have been duly passed if at a meeting of the trustees or other the persons constituting such managing body as aforesaid, summoned by at least one month's notice in writing left at or sent by post to their last known or usual place of abode, such resolution shall have been passed by a majority of two-thirds in number of the persons present at such meeting, and if such resolution shall also have been con- 278 Metropolitan Open Spaces Act, 1881. Sect. 2. firmed 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 meet- ing 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 as afore- said; and if such resolution shall also have 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 open space, and by inserting the same as an advertisement 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 sball be held between the first day of August in one year 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 managing 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 44 d 45 Vict. c. 34. 279 until the expiration of three years from the day on which Sect. 2. such resolution so proposed was rejected at any such meeting as above mentioned. A conveyance, assignment, demise, grant, or agreement under this section shall be made by an instrument under the common seal of the trustees or other managing body if such body be a corporation, and if it be not a corpora- tion under the hands and seals of any five members of such body, or of all the members thereof if for the time being they be less than five in number. The trustees or other the 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 pro- tection of certain gardens or ornamental grounds in cities and boroughs upon the committee therein mentioned." 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. III. The owner of any open space within the metropolis £3 e J° which is subject to rights of user for exercise and recrea- g^'° IM> " tion (secured by covenant or otherwise) in the owners and t0 ^J| 1 _ 280 Metropolitan Open Spaces Act, 1881. Sect- 3. occupiers (or either of such classes) of any houses round or near the same may, with the consent (to be signified in manner hereinafter appearing) of such owners and occu- piers of houses, convey to the Metropolitan Board, or to the vestry or district board of the parish or district in which such open space or any part thereof is situate, the soil of the said open space in trust for the enjoyment of the public ; and the owner or any person or persons in whom any term of years or other limited interest in such open space is vested may, with the like consent, grant or transfer to the Metropolitan Board or such vestry or district board as aforesaid, in trust as aforesaid, any term of years or other limited interest in or any right or ease- ment over such open space, or enter into any agreement with the Metropolitan Board or any such vestry or district board as aforesaid for the opening to the public of such open space, and the care and management thereof by such board or vestry either at all times or at any specified time or times without the transfer to such board or vestry of any interest in the soil of such open space. 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 agree- ment with the Metropolitan Board, vestry, or district board as aforesaid, and the owner shall be thereupon discharged from any liability to any person entitled to such right of user as aforesaid in respect of any act done in accordance with such resolution. Notice of such meeting shall be given by leaving the same or sending the same through the post to every house, the owner or occupier of which is entitled to any right of user, and by inserting the same as an advertisement at least three times in any two or more London daily papers, 44 & 45 Vict. c. 34. 281 and such notice shall state generally the object of the said Sect. 3. meeting ; and no such meeting shall be held between the first day of August in one year and the thirty-first day of January in the following year. For the purposes of this section the owner of an open space shall be any person or persons in whom the soil of the open space is vested for an estate in possession during his or their life or lives or for any larger estate ; 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. IV. The owner of any churchyard, cemetery, or burial ^steJ ground situate within the metropolis, and closed for burials f J j 1 \^ d either under an order of Her Majesty the Queen in Council, ^ 1 1 nds t0 or otherwise, may convey the soil of such churchyard, authority, cemetery, or burial ground, or grant any term of years or other limited interest therein to or enter into any agree- ment with the Metropolitan Board or the vestry or district board of the parish or district in which such churchyard, cemetery, or burial ground, or any part thereof, is situate for the purpose of giving the public access to the said churchyard, cemetery, or burial ground, and preserving the same as an open space accessible to the public, and under the control of such board or vestry, and for the purpose of improving and laying out the same. V. The Metropolitan Board and the vestry or district £™ e c f of and board of the parish or district within which any open space, l0 ^ 0rt& churchyard, cemetery, or burial ground, or any part thereof, is situate may, by agreement, and for valuable or nominal consideration by way of payment in gross or of rent, or otherwise, or without any consideration, take and hold the soil and freehold of, or any term of years or other limited estate or interest in, or any right or ease- ment in or over any open space, churchyard, cemetery, or burial ground, and may, with reference to any open space, churchyard, cemetery, or burial ground, undertake the 282 Metropolitan Open Spaces Act, 1881. Sect. 5. entire or partial care, management, and control thereof, . whether any interest in the soil is transferred to the board or vestry or not, and may for the purposes aforesaid enter into any agreement with the persons authorized by this Act to agree with reference to any open space, churchyard, cemetery, or burial ground or with any other persons interested therein. Any estate or interest in or control over any open space, churchyard, cemetery, or burial ground acquired by the Metropolitan Board, or any vestry or district board under the provisions of this Act, shall be held and administered by such board or vestry in trust to allow, and with a view to, the enjoyment by the public of such open space, churchyard, cemetery, or burial ground in an open con- dition, free from buildings and under proper control and regulation, and for no other purpose, but such Metro- politan Board, vestry, or district board shall not allow the playing of any games or sports therein ; and the board or vestry shall maintain and keep the same in a good and decent state, and may inclose or keep the same inclosed with proper railings and gates, and may drain, level, lay out, turf, plant, ornament, light, seat, and otherwise improve the same, and do all such works and things, and employ such officers and servants, as may be requisite for the purposes aforesaid, or any of them. Provided that no board or vestry shall exercise any of the powers of management in this Act mentioned with reference to any consecrated ground, unless and until they are authorized so to do by the license or faculty in that behalf of the bishop of the diocese in which such conse- crated ground is situate, which license or faculty may be granted by such bishop upon the application of the board or vestry, and may extend to the removal of any tomb- stone or monument, under such conditions and subject to such restrictions as to the bishop may seem fit. Bye-iaw*. VI. The Metropolitan Board and any vestry or district board may, with reference to any open space, churchyard, 44 d- 45 Vict. c. 34. 283 cemetery, or burial ground in or over which it has acquired Sect. 6. any estate, interest, or control under the provisions of this Act, make bye-laws for the regulation thereof, and of the days and times of admission thereto, and the preservation of order and prevention of nuisances therein, and may by such bye-laws impose penalties for the infringement thereof, and provide for the removal of any person in- fringing any such bye-law by any officer of the board or vestry or police constable. Bye- laws made under this Act shall be made in the same manner and subject to the same conditions as bye- laws made by the Metropolitan Board or by a vestry or district board, as the case may be, under the Metropolis Management Act, 1855. VII. The Metropolitan Board or any vestry or district jjf*^ board, and where an open space extends into two or more ^Jjg*^ parishes or districts two or more vestries or district boards, [jjjj^^y either with or without the Metropolitan Board, may cany out . Act jointly. jointly carry out the provisions of this Act, and may enter into any agreement, on such terms as may be arranged between them, for so doing and for defraying the expenses of the execution of the Act, and the Metropolitan Board may defray the whole or any part of the expenses of the execution of this Act by any vestry or district board, and any vestry or district board may similarly defray the whole or any part of the expenses of the Metropolitan Board, or, where an open space extends into two or more parishes or districts, of any other vestry or district board. VIII. Where any open space, churchyard, cemetery, or jjjjgj burial ground, by virtue of any Act of Parliament or w™^ otherwise, is extra-parochial, or forms part of some parish other than that which surrounds the same, the vestry or district board acting for the parish surrounding the same may carry out or may enter into agreement with any one or more vestries or district boards acting for any other 284 Metropolitan Open Spaces Act, 1881. Sect. 8. parishes, on such terms as may be arranged between them, and may jointly carry out, the provisions of this Act, and shall have the same powers in every respect as if such open space, churchyard, cemetery, or burial ground were part of the parish or district of such vestry or district board. Provision ix, n estate, interest, or right of a profitable or for corn- . . ° *■ pensation. beneficial nature in, over, or affecting an open space, churchyard, cemetery, or burial ground shall, except with the consent of the body or 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 made 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 *&ovict. of lands under the provisions of the Lands Clauses Consolidation Act, 1845, and any Acts amending the same. C 18. Expenses. X. All expenses incurred under this Act by the Metro- politan Board or by any vestry or district board shall be defrayed out of the funds at their disposal respectively, or which they respectively are empowered to raise under the Metropolis Management Act, 1855, and the several Acts amending the same ; and such expenses shall be deemed to be expenses for which provision is made by such Acts. Extent of XI. This Act shall extend only to the metropolis, and shall not extend to the royal parks or to any land belonging to Her Majesty in right of her Crown or of her Duchy of Lancaster, or to any garden, ornamental ground, or ornamental land for the time being under the management of the Commissioners for the time being of Her Majesty's Works and Public Buildings or of the Commissioners for 44 d 45 Vict. c. 34. 285 the time being acting under the Crown Estate Paving Act, Sect. 11. 1851, or to any metropolitan common within the meaning u fcTiiTViet. of the Metropolitan Commons Act, 1866, and the Metro- 2 9 &'3ovict. politan Commons Amendment Act, 1869. 32& 2 33Vict. c. 107. XII. The powers in this Act conferred on and in Application relation to the Metropolitan Board, vestries, and district London, boards shall in the city of London be exercised by and have relation to the corporation, who shall defray, out of the metage of grain duty or otherwise, all the expenses caused by or connected with the execution of such powers by them ; 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. 41 & 42 Vict, c. cxxvii. XIII. This Act may be cited as the Metropolitan Open Short title. Spaces Act, 1881 ; and this Act and the Metropolitan Open Spaces Act, 1877, may together be cited as the Metropolitan Open Spaces Act, 1877 and 1881. THE DISUSED BURIAL GROUNDS ACT, 1884. 47 & 48 VICT. Cap. 72. An Act for preventing the erection of Buildings on Disused Burial Grounds. [14th August, 1884.] Whereas an Act was passed in the session of Parliament holden in the fifteenth and sixteenth years of Her Majesty, chapter eighty-five, to amend the laws concern- ing the burial of the dead in the metropolis, and an Act was passed in the session holden in the sixteenth and seventeenth years of Her Majesty, chapter one hundred and thirty-four, "to amend the Laws concerning the burial of the dead in England, beyond the limits of the metropolis, and to amend the Act concerning the burial of the dead in the metropolis :" And whereas in pursuance of the provisions of the above recited Acts numerous Orders in Council have been made for the discontinuance of burials in certain burial grounds within the metropolis and elsewhere : And whereas it is expedient that no buildings should be erected on any burial ground affeeted by any of such Orders in Council : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : stioi-t title. I. This Act may be cited as the Disused Burial Grounds Act, 1884. mterpreta- H. In this Act a " disused burial ground" shall mean non clause. . . . a burial ground in respect of which an Order in Council 47 d- 48 Vict. c. 72. 287 has been made for the discontinuance of burials therein Sect. 2. in pursuance of the provisions of the said recited Acts. Orders in Council for the discontinuance of burials are made under 15 & 16 Vict. c. 85, s. 2, for the metropolis, and 16 & 17 Vict. c. 134, s. 1, outside the metropolis. III. After the passing of this Act it shall not be lawful gjjffjj to erect any buildings upon any disused burial ground, j^ 1 *^. except for the purpose of enlarging a church, chapel, » SC(1 ll « li:l1 meeting-house, or other places of worship. except for ° x eularge- The sacred character of consecrated ground is in no way affected ment, &c. by an Order in Council closing it as a burial ground. When ground is once consecrated and dedicated to sacred purposes, there is no power to grant a faculty to sanction the use of it for secular purposes ; and nothing short of an Act of Parliament can divest it of its sacred character, or enable persons, although they be owners of the soil, to remove bodies therefrom. (Reg. v. Twiss, 4 L. R. Q. B. 407 ; 38 L. J. Q. B. 228 ; 20 L. T. 522 ; 17 W. R. 765 ; 10 B. & S. 298.) Before this Act, however, faculties have been granted to sanction the erection of ecclesiastical or semi-ecclesias- tical buildings upon consecrated ground, e.g., of a vestry room. (Campbell v. Paddington, 2 Rob. 558.) But a faculty was refused for the erection of a charity school (St. George, Hanover Square, v. Steuart, 2 Str. 1126), or for appropriating part of a churchyard for widening a public road (Harper v. Forbes, 5 Jur. (N.s.) 275 ; Rector of St. John's, Walbrook, v. The Parishioners, 2 Rob. 515 ; 16 Jur. 645 ; see ante, p. 22.) In St. Pancras v. St. Martm-in-thc-Fidds, 6 Jur. (n.s.) 540, a faculty was granted for the removal of bodies from part of a cemetery sold under a local Act for building land under the supposition that such part had never been used for interments. The faculty was granted on the representation that about twenty bodies had been discovered, and would require to be removed to another part of the cemetery. Subsequently about 400 or 500 bodies were discovered and removed. Held, that the powers granted by the faculty had been exceeded, and that the bodies must be decently reinterred in the places whence they liad been removed. IV. Nothing in this Act shall prevent the erection of Hgg r any building on a disused burial ground for which a ^^^j faculty has been obtained before the passing of this Act. V. Nothing in this Act contained shall apply to any *»™s <* burial ground which has been sold or disposed of under gggj^* 8 ^ the authority of any Act of Parliament. "' Parua- By local Act of 1883, 46 & 47 Vict. c. xi., trustees were empowered to sell certain land, or to let it on building or other 288 Disused Burials Grounds Act, 1884. Note to leases. The land had formerly been used as a burial ground, but in Sect. 5. 1853 it was closed as such by an Order in Council. In 1885 the trustees under the Act of 1883 put the land up for sale by auction, describing it in the particulars as " building land," and stating in the conditions that although it was a disused burial ground, they believed that it came within sect. 5 of this Act, and that they had therefore power under the Act of 1883 to sell it as building ground. The purchasers having refused to complete, it was held that the Act of 1883 did not constitute a sale or disposition " under the authority of any Act of Parliament," and that having regard to the provisions of this Act, the contract could not be enforced against the purchasers. (Trustees of St. Saviour's Rectory and Oyler, 31 Ch. D. 412 ; 55 L. J. Ch. 269 ; 54 L. T. 9; 34 W. R. 224 ; 50 J. P. 325.) It follows from this case that the words " has been sold or disposed of " mean " has been sold or disposed of before the passing of this Act." THE COMMUTATION OF TITHES ACT, 1878. 41 & 42 VICT. Cap. 42. An Act to amend and further extend the Acts for the Com- mutation of Tithes in England and Wales. [8th August, 1878.] Whereas an Act was passed in the session of Parliament held in the sixth and seventh years of the reign of His late Majesty King William the Fourth, intituled " An Act for 6&7WM.4, the commutation of tithes in England and Wales," and the said Act has been amended, and the provisions thereof have been extended, by Acts passed in the sessions of J wni. 4 v Parliament held respectively in the first year, the first and i & a Vict. second years, the second and third years, the third year, 2 & 3 Vict. the fifth and sixth years, the ninth and tenth years, and 3&4Vict. the twenty-third and twenty-fourth years of the reign of 5&6Vict. c 54 Her present Majesty : 9 '& io vict. And whereas it is expedient that the said Acts should 23&24Vict. be amended, and that the provisions thereof should be c ' ! further extended in manner hereinafter mentioned : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. In all cases where land charged with rentcharge in ™ e ™v- lieu of tithes is taken for any of the following purposes ; tithe on J land re- that is to say, qmrcd for i r Pnblio The building of any church, chapel, or other place ot purposes. public worship ; o c. 36 290 The Commutation of Tithes Act, 1878. Sect. 1. The making of any cemetery or other place of burial ; 33 &slvict. The erection of any school under the Elementary Educa- c - 75> tion Act ; The erection of any town hall, court of assize, gaol, lunatic asylum, hospital, or any other building used for public purposes, or in the carrying out of any 38 & 39 Vict, improvements under the Artizans Dwellings Act, 1875; The formation of any sewage farm under the provisions of the Sanitary Acts, or the construction of any sewers, or sewage works, or any gas or water works ; Or the enlarging and improving of the premises or buildings occupied or used for any of the above- mentioned purposes ; the person or persons proposing to carry out the above- mentioned works, buildings, or improvements shall, as soon as the said person or persons are in possession of the land, and before the land is applied to any of the purposes aforesaid, apply to the Tithe Commissioners to order the redemption of the rentcharge for a sum of money equal to twenty-five times the amount thereof; and the redemption money, with the expenses incident to the redemption, shall be paid to the said commissioners within a time to be fixed by such order, or within any enlarged time the commissioners may appoint, and the commis- sioners shall apply such redemption money in the manner provided by the said Acts. tion for'redeiiijv H. The application to the said commissioners in respect of any such land may be signed by the secretary of any company which shall have taken the land, or in the case of a corporation, school or other board, by the clerk of the said board or corporation, and in every other case by such person or persons as the commissioners may require. 41 A 42 Viet. c. 42. 291 III. Whenever land has been charged with any rent- Sect. 3. charge not exceeding twenty shillings, the commissioners Redemption may, if they see fit, upon the application of the owner of exceeding such land or of the person entitled to the rentcharge gSfung Si thereon, by an order under their hands and seal, direct that such rentcharge shall be redeemed by the payment by or on behalf of the owner of the said land charged therewith, within such time as the commissioners by such order shall direct and appoint, of a sum of money equal to twenty-five times the amount of such rentcharge. IV. Whenever any land has been charged with a rent- onnheex" charge exceeding twenty shillings, the commissioners may, ^f^y if they see fit, upon the joint application of the owner of shillings. the land and the person entitled to the rentcharge, order such rentcharge to be redeemed for a sum not being less than twenty-five times the amount thereof, provided that the bishop of the diocese and the patron of the benefice consent to such redemption, whenever the person entitled to the rentcharge is entitled thereto in right of any benefice or cure. V. Whenever lands charged with rentcharge under any Redemption ° ... , of tithe on instrument of apportionment or altered apportionment divided shall be divided for building or other purposes into numerous plots, and it shall appear to the commissioners that no further apportionment of the said rentcharge can ■conveniently be made, the commissioners may, if they shall see fit, upon the application of the owner or of the person for the time being entitled to the receipt of the said rentcharge, and without limitation as to the amount thereof, by an order under their hands and seal, direct that such rentcharge shall be redeemed by the payment by the owners of the lands chargeable therewith, within such time as the commissioners shall by such order direct and appoint, of a sum of money not less than twenty-five times the amount of such rentcharge. o2 292 The Commutation of Tithes Act, 1878. Sect. 6. VI. All the powers and provisions of the said recited Application Acts respecting the redemption of rentcharge and the powers to assessment and recovery of redemption money and ex- penses (except as otherwise by this Act is provided) shall be applicable to all redemptions authorized and effected under this Act. E / Chan p. e VII. The provisions of the said Acts with reference to 01 UllUlull ■*■ payment for the exchange of glebe lands for other lands shall extend to lands or ° ° tithe rent- and be deemed to authorize any spiritual person to ex- change for lands, or for tithe rentcharge, any annual payment or augmentation belonging to him in right of his benefice and charged upon or payable out of any lands or tithe rentcharge. 293 MISCELLANEOUS. The following provisions affected by the general repeal clause of the Public Health Act, 1875, are re-enacted by sect. 343 of that Act in Part III. of Schedule V. to the Act. 11 & 12 Vict. c. 63, s. 83. No vault or grave shall be constructed or made within the walls As to in- of or underneath any church or other place of public worship built ^™f n nts in any urban district after the thirty-first day of August, one thou- caurcnes . sand eight hundred and forty-eight ; and whosoever shall bury, or cause, permit, or suffer to be buried, any corpse or coffin in any vault or grave constructed or made contrary to this enactment shall for everv such offence be liable to a penalty not exceeding fifty pounds, which may be recovered by any person, with full costs of suit, in an action of debt. 21 & 22 Vict. c. 98, s. 49. When a vestry of any parish comprised in a local government Local board district resolves to appoint a burial board, the local board may at *° £!^ niU the option of the vestry be the burial board for such parish, and all certaill expenses incurred by such burial board shall be defrayed out of a rate cases, to be levied in such parish in the same manner as a general district rate. Provided, that if such parish has been declared a ward for the election of members of the local board, such members shall form the burial board for the parish, and shall be deemed to be a burial board elected under the Burial Acts for the time being in force. 24 & 25 Vict. c. 61, S. 21. Any urban authority constituted a burial board may from time to Urban time repair and uphold the fences surrounding any burial ground ™>.^ a ?; which has been discontinued as such within their jurisdiction, or fence3s ur- take down such fences and substitute others in lieu thereof, and shall rounding from time to time take the necessary steps for preventing the dese- ™™J ag cration of such burial ground and placing it in a proper sanitary condition ; and they may from time to time pass bye-laws (subject to the provisions of this Act) for the preservation and regulation of all burial grounds within their jurisdiction ; and the expense of carrying this section into execution may be defrayed out of any rates authorized to be levied by any urban authority constituted a burial board. 29 & 30 Vict. c. 90, s. 44. When the district of a burial board is included in or conterminous Power to with the district of an urban authority, the burial board may. by "££„, resolution of the vestry, and by agreement of the burial board and certaln cases urban authority, transfer to the urban authority all their estate to transfer property rights powers duties and liabilities, and from and after [^™ CTS such transfer, the urban authority shall have all such estate property authority rights powers duties and liabilities as if they had been duly appointed a burial board under the Burial Acts for the time being in force. ALIENATION OF LANDS FOR CHURCHYARDS. 56 GEO. 3, Cap. 141. An Act for enabling Ecclesiastical Corporate Bodies, under certain circumstances, to alienate Lands for enlarging Cemeteries or Churchyards. [2nd July, 1816.] Whereas cemeteries, churchyards, or burying grounds are in various places found to be too small, and the same can- not be conveniently enlarged, without appropriating for consecration some part of the lands belonging to corpora- tions or spiritual persons, not authorized by law to alienate such land for any purpose whatsoever: Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament ' assembled, and by the authority of the same, that from and after the passing of this Act it shall and may be Bodies cor- lawful for any spiritual or ecclesiastical body, corporate or porate mar ...,,. , • i xoii portions spiritual person, being a corporation sole, possessmg any adjoining land adjacent to any cemetery, churchyard, or burying fo^eniars- ground, to sell, by indenture of bargain and sale, inrolled ing thereof: - n ^ Q jrjgh Court of Chancery within six calendar months, for the purpose of consecration, such portion thereof as may be deemed necessary for enlarging any such cemetery,. churchyard, or burying ground, not exceeding one acre. With certain tj Provided always, that in case of any spiritual consents. J * ■ *• person, being a corporation sole, the consent of the lord bishop of the diocese or ordinary, and of the patron of the Mi'nio bo 1 "' living held by such corporation sole, shall be testified by ascertained, their being parties to the alienation of the said land ; and that previously thereto the value of such land shall be ascertained, and, together with a description thereof, be committed to writing by some competent person, to be named and appointed by the ordinary ; which person so 56 Geo. 3, c. 141. 295 appointed shall verify the same on oath, before some one Sect. 2. of His Majesty's justices of the peace for the county, town or district in which such land is situated ; which oath the said justice is hereby empowered to administer ; and in case the value shall appear to exceed one hundred pounds, if above that other lands, of at least an equal value, estimated and land's to verified in manner aforesaid, shall be well and legally con- V eyed. veyed to and for the same uses as the lands conveyed by the said spiritual persons or corporations sole, and as the consideration thereof; and in case the value shall appear not to amount to one hundred pounds but shall exceed twenty pounds, such value shall be paid to the governors Application of the bounty of Queen Anne, for the augmentation of the money if maintenance of the poor clergy, to be by them used and va iue. applied for the benefit of such spiritual person or corpora- tion sole, in the same manner as they are now empowered by law to use and apply other sums of money coming into their hands ; and in case the value shall not amount to twenty pounds, the said value shall be paid in money to such spiritual person or corporation sole, to be by him applied at his own discretion. III. Provided always, that no alienation made by virtue Limiting of this Act shall be questioned after the expiration of within twenty years from the time of such alienation, on account alienations of any want of compliance with the forms prescribed by questioned. this Act. IV. And be it further enacted, that all ground which Burial i i n Rl'OUlld to has been or shall be consecrated as burial ground shall b after twenty years from the time of such consecration, be a d T i i considered as discharged from all adverse titles, claims, afterao °' and demands whatsoever, and as absolutely vested in the Sie^onse? 1 trustee or trustees, if any, thereof; and if there should g£*J£ not be any such trustee or trustees, then in the vicar or perpetual curate, if any, for the time being ; and if there should not be any vicar or perpetual curate, then in the rector for the time being of each parish in which such burial ground is or shall be situate. CHUKCH BUILDING ACTS. 58 GEO. 3, Cap. 45. An Act for building and promoting the building of additional Churches in populous Parishes. {a) [30th May, 1818.] Whereas the population of Great Britain, and more par- ticularly in the metropolis and its vicinity, and in other cities and great towns, has greatly increased, and the churches and chapels now existing in the metropolis and its vicinity, and in many great and populous parishes and extra-parochial places are inadequate to the accommodation of the inhabitants thereof: And whereas it is therefore necessary that such evil should be remedied, and that additional churches and chapels for the celebration of divine service according to the rites of the United Church of England and Ireland as by law established should be erected and maintained in such parishes and places, and that a certain number of free seats should be made therein : AM whereas His Eoyal Highness the Prince Regent, acting in the name and on the behalf of His Majesty, is desirous of aiding His subjects in the establishing additional churches in such parishes and places as may require the g ame : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same ***** commis- X. And be it further enacted, that it shall be lawful for appd^t may the said commissioners to appoint a secretary and clerk, and to employ such surveyors and other fit persons to (&) This Act is repealed so far as it confers power to enforce payment of any rate by the Statute Law Revision Act, 1873. Any section or part of a section which is omitted here has been repealed; the sections of which the sides notes are alone given are not repealed, but are not sufficiently connected with the subject of this work to be printed in full. 58 Geo. 3, c. 45. 297 make plans and estimates, and (if the commissioners shall Sect. 10. deem the same necessary) surveys and reports, for the secretory purpose of affording to the commissioners all such infor- ^ *2|j mation as they may require for the purpose of ascertaining ^T?^ re " the hest mode of providing fit and proper accommodation and assign . ;, *■ ■*■ reasonable lor the largest number of persons at the least expense, salaries. and may assign and pay to all such persons reasonable salaries or rewards for their services therein. The "said commissioners " are those which the Crown is em- powered by the repealed sect. 8 to appoint for the purposes of this Act. XII. And be it further enacted, that the said commis- j^"™^ sioners shall, as soon after their appointment as the ro- . ceedin^s tain rules for their general proceedings, and shall fix and and nx the specify therein the largest amount of allowances to be allowed. granted for building any church, and make such other regulations as the said commissioners shall deem expedient and necessary to be fixed and known for the furtherance of the purposes of the Act, and from time to time, as occasion may require, shall have power to alter or vary any such regulations, and to make any such further or additional regulations as they may deem expedient ; and Ru * os *? ^ e all such rules and regulations shall be laid before His h> s Majesty ° in Council. Majesty in Council, who shall have power to approve or disallow the same. XIII. And be it further enacted, that it shall be lawful Commis- ' sioners may for the said commissioners to make in His Mai esty's name, grant M ° » money for out of the sum so appropriated by this Act, grants for the building building or to cause to be built churches or chapels ininparishea such parishes or extra-parochial places only in which population, there is a population of not less than four thousand thereisa persons, and in which there is not accommodation in the C o\\"Voda- C " churches or chapels therein for more than one-fourth part llon - of such population to attend divine service according to the rites of the United Church of England and Ireland, or in which there shall appear to the said commissioners to o 3 298 Church Building Act, 1818. Sect. 13. be one thousand persons resident more than four miles from any such church or chapel . . . and also to make grants or loans to assist in building such churches and chapels in such other parishes or places as may con- tain a like population, and may equally require further accommodation for divine service, but in which the said commissioners may deem the parishioners and inhabitants thereof capable of bearing a part of the expense of erecting such churches and chapels, or of repaying the same by instalments if advanced by way of loan. Commis- XIV. And whereas the sum granted by this Act is make grants inadequate to the affording grants to all the parishes and aiid advance . i-ii • . * a± • l i ,• money to extra-parochial places in want oi sumcient accommodation churches in for attendance upon such divine service as aforesaid : And uhereli'cer- whereas many of such parishes and extra-parochial places lion of the" ma y be disposed to raise by rates within limited periods expense is certain proportions of the sums required to build such raised by r i ^ j. rate or sub- churches or chapels respectively, or well-disposed persons scription. .,,.,, , , , .,,. . - , within the same or elsewhere may be willing to raise by subscription such proportions or such a part thereof as,, together with the money to be raised by rate, will amount to such proportion : Be it therefore enacted, that it shall be lawful for the said commissioners, upon any parish or extra-parochial place so offering to contribute or raise by rates or subscription, or by rates aided by subscription, such proportion of the expense of building any church or chapel or churches or chapels which may be required in any such parish or extra-parochial place as shall have been fixed as a proper proportion by the said commis- sioners according to any such rules and regulations as aforesaid, or shall be deemed by the said commissioners a proper proportion, and they are hereby empowered to grant to any such parish or extra-parochial place the remaining sum necessary to build any such church or churches or chapel or chape's, and to advance and lend to such parish or extra-parochial place any part of the pro- portion so proposed to be raised by rates as aforesaid. 58 Geo. 3, c. 45. 299 XV. Provided always, and be it further enacted, that Sect. 15. the said commissioners, in the selections of parishes and Commis- extra-parochial places for making their distribution ot the selecting parishes for sums' granted by this Act, shall have regard to the amount grants, shall of population in such parishes and extra-parochial places, to their and also to the disproportion between the number of p'ortfonVof 3 ' inhabitants and the present accommodation for attendance gg'JJg^ upon divine service according to the rites of the United gj^nTand Church of Enqland and Ireland as by law established, in giving •' * preference and in giving preference among such parishes and extra- shall have parochial places shall have regard to the proportion of the propor. the expense of affording the accommodation required which expense shall be offered to be contributed or raised in aid of the ^tributed, purposes of this Act towards the building churches or ^eftf* chapels in such respective parishes or extra-parochial ^ iding places, and to the pecuniary ability of the inhabitants of such parishes or places ; and the said commissioners in giving preference as between parishes and extra-parochial places not offering to contribute any proportion of such expense as aforesaid, shall have regard to the order of priority in which parishes and extra-parochial places under similar circumstances as to population, and disproportion between such population and the accommodation afforded by the churches and chapels therein, shall have provided, and given notice to the commissioners of having provided, sites for the churches intended to be built in such respec- tive parishes or extra-parochial places. XVI. And be it further enacted, that in every case in Upon >•,■,..-,- . St.. II lil' lOIl OI which the said commissioners shall be of opinion that it the commis- sioners in will be expedient to divide any parish into two or more manner • i I- 11 i • i- 1 stair, I, distinct and separate parishes for all ecclesiastical pur- parishes poses whatever, it shall be lawful for the said commis- ajvfdedinto sioners, with the consent of the bishop of the diocese in Jg"™* for which such parish is locally situated, signified under his J^gjjk hand and seal, to apply to the patron or patrous of tbe l church of such parish for his consent to make such division, and for such patron or patrons to signify his or 300 Church Building Act, 1818. Sect. 16. their consent thereto under his hand and seal ; and the said commissioners shall, upon the consent of the said patron or patrons so signified, represent the whole matter to His Majesty in Council, and shall state in such repre- sentation the bounds by which it is proposed, with such consent as aforesaid, to divide such parish, together with the relative and respective proportions of glebe land, tithes, moduses, or other endowments which will by such division arise and accrue and remain and be within each of such respective divisions, and also the relative proportions of the estimated amount of the value or produce of fees, oblations, offerings, or other ecclesiastical dues or profits which may arise and accrue within each of such respective divisions ; and if thereupon His Majesty in Council shall think fit to direct such division to be made, such Order of His Majesty in Council shall be valid and good in law for the purpose of effecting such division : Provided always, that no such division of any parish into distinct parishes shall completely take effect until after the death, resigna- tion, or other avoidance of the existing incumbent of the parish to be divided. Portions may be separated from an original parish under this section, and under sect. 21, at the same or separate times. (1 &>2 Vict. c. 107, B. 12.) Tithes, &c, XVII. Provided always, and be it further enacted, that to belong to J themcuni- all tithes, moduses, endowments, or other ecclesiastical division. dues or profits belonging to the incumbent of any such parish, whether by endowment, prescription, usage, or otherwise, shall, when so divided as aforesaid, belong to and be recoverable by the incumbents of the churches of each of the divisions respectively of the parish to which they shall be assigned, in like manner in every respect as they were before recoverable by the incumbent of the original parish. *l ew , XIX. And be it further enacted, that every such distinct churches, whendivi- and separate parish as aforesaid shall, when such division 58 Geo. 3, c. 45. 801 as aforesaid shall become complete by the death, resigna- Sect. 19. tion, or other avoidance of the existing incumbent of the .siou~coiu- original parish, be deemed either a rectory, vicarage ^ectoriesT donative, or perpetual curacy, and the spiritual person ^"perpetual serving the same the rector, vicar, or perpetual curate ut^S^nsti thereof, or person having cure of souls therein, according parish, to the nature of the original church of the parish so divided, and shall be for ever thereafter subject to the laws, provisions, and regulations, as to presentation and appointment, and as to institution, collation, induction, or licence, and to all such jurisdiction of the bishop, or other jurisdiction, and to holding benefices, as are by law applicable to the original parish. XXI. And be it further enacted, that in any case in Commis- which the said commissioners shall be of opinion that it is divide pa- " not expedient to divide any populous parish or extra- ecciesias- parochial place into such complete, separate, and distinct tJtet^r parishes as aforesaid, but that it is expedient to divide the JiVe'imVi.iVi'i'- same into such ecclesiastical districts as thev, with the ^ h:l i' ols ' \" J ' br served bj consent of the bishop, signified under his hand and seal, curates to may deem necessary for the purpose of affording accom- pointed by modation for the attending divine service according to the bent of the rites of the United Church of England and Ireland, to persons residing therein, in the churches and parochial chapels already built, or in additional churches or chapels to be built therein, and as may appear to such commis- sioners to be convenient for the enabling the spiritual person or persons who may serve such churches or chapels to perform all ecclesiastical duties within the districts attached to such respective churches and chapels, and for the due ecclesiastical superintendence of such district, and the preservation and improvement of the religious and moral habits of the persons residing therein, the said com- missioners shall represent such opinion to His Majesty in Council, and shall state in such representation the bounds by which such districts are proposed to be described ; and 302 Church Building Act, 1818. Sect. 21. if thereupon His Majesty in Council shall think fit to direct such division to be made, such Order of His Majesty in Council shall be valid and good in law for the purpose of effecting such division ; or in any case in which the said commissioners shall be of opinion that it is not expe- dient to make any such division into such ecclesiastical districts as aforesaid, the said commissioners may build or aid the building of any additional chapels in any such parishes or extra-parochial places, to be served by curates to be respectively nominated and appointed by the respec- tive incumbents of the churches of the respective parishes or extra-parochial places, and licensed by the bishop of the diocese, such curates to be paid such salaries as shall be assigned by the said commissioners under the pro- visions of this Act in manner hereinafter directed. Districts XXII. And be it further enacted, that the several new tobede^ 6 parishes created by any such complete division as afore- .fescriptfoii 1 sa ^' an< * a * s0 ^ e several districts of any parish or extra- ct boun- parochial place, where any such division thereof shall enrolled in have been so made as aforesaid, shall be ascertained and marked out by described bounds, and the description of such bounds shall be . . . registered in the office of registry of the diocese, and notice thereof given in such manner as the commissioners shall deem necessary and direct for that purpose. Commis- XXIII. And be it further enacted, that if His Majesty alter such in Council, upon the representation of the said commis- un aries. s j onerS; ma( j e w ith the consent of the bishop of the diocese, signified under his hand and seal, shall think fit to alter such boundaries at any time within five years after such enrolment, such Order in Council shall be valid and good in law for the purpose of effecting such alteration, and the same shall be . . . registered in like manner as is above mentioned. Districts to XXIV. And be it further enacted, that such boundaries iwrisheffor shall continue and be the boundaries of such parishes or 58 Geo. 3, c. 45. 303 districts respectively, unless so altered, and such districts Sect. 24- shall thereupon become and be called district parishes by eccieslas- such names as shall be given to them respectively in the noother instrument so enrolled as aforesaid, and shall become and p ui 'p° s be separate and distinct district parishes ; and the churches and cbapels respectively assigned to such districts shall, when duly consecrated for that purpose, become and be the district parish churches of such district parishes for all purposes of ecclesiastical worship and performance of ecclesiastical duties, and as to all marriages, christenings, churchings, and burials, and the registry thereof respec- tively within the same, and in relation to all fees, obla- tions, and offerings, and the demanding, suing, and prosecuting for and recovering the same, and as to all other purposes whatsoever, save and except as is in this Act particularly excepted. XXV. And be it further enacted, that every church and ^chupi - chapel built or acquired under the provisions of this Act, "^i-icts t0 and appropriated to any such district parish so made J*' deemed under the provisions of this Act, shall be deemed a per- petual curacy, and shall be considered in law as a benefice presentative, so far only as that the license thereto shall operate in the same manner as institution to any such benefice, and shall render voidable other livings in like manner as institution to any such benefice ; and the spiritual person serving the same shall be deemed the incumbent thereof; and such incumbent shall have per- petual succession, and shall be and are hereby declared to be bodies politic and corporate, and may receive and take such endowments in lands or tithes or both, or any such augmentation as shall be granted to them or their succes- sors ; and all such incumbents, and all persons presenting or appointing any such incumbents, shall respectively be subject to all jurisdictions and laws, ecclesiastical or common, and to all provisions, regulations, penalties, and forfeitures, contained in any Acts of Parliament in force relating thereto respectively ; and in case of any failure or 304 Church Building Act, 1818. Sect. 25. neglect in not presenting or nominating any such incum- bent for the space of six months, such presentation or appointment shall thereupon lapse as in cases of actual benefices. No such district church or chapel to he held with the original church. XXVI. Provided also, and be it further enacted, that no such church or chapel of any such parish or district parish, created according to the provisions of this Act, shall be tenable or holden with the original church of the parish or extra-parochial place out of which such parish or district parish shall have been taken, or with the church or chapel of any other such parish or district parish. All Acts of Parliament, &c, relating to publish- ing banns of marriage, marriages, &c, to apply to such churches and chapels. XXVII. And be it further enacted, that all Acts of Parliament, laws, and customs relating to publishing banns of marriage, marriages, christenings, churchings, and burials, and the registering thereof, and to all eccle- siastical fees, oblations, or offerings, shall apply to such separate and distinct parishes, and district parishes so made as aforesaid, when they shall so become complete, separate, and distinct parishes or district parishes, under the provisions of this Act, after the death, resignation, or other avoidance of the existing incumbents respectively in each such parish or extra-parochial place, and to the churches and chapels thereof, and to the ecclesiastical persons having cure of souls, or serving the same, in like manner in every respect as if the same respectively had been ancient, separate, and distinct parishes and parish churches by law, to all intents and purposes. Banns not to be published or mar- riages, &c, had in any such dis- trict church or chapel until after the death, resignation, or avoid- XXVIII. Provided always, and be it further enacted, that no banns of matrimony shall be published, or marriages celebrated or solemnized, or baptisms or churchings had, by any person whatever, within any church or chapel of any such separate and distinct parish so made by any such division as aforesaid, or in any private house tberein, or within any such district church 58 Geo. 3, c. 45. 305 or chapel, or in any private house within such district, Sect. 28. nor shall any burials be performed within any cemetery ancc of the appertaining or belonging to any such church or chapel, at the time by any person whatever, except by the incumbent of the tion of the church of the parish or extra-parochial place from which chapeL*" such parish shall have been separated, or some curate of such incumbent duly licensed in that behalf until after the death, resignation, or other avoidance of the spiritual person who shall be the incumbent of the church of the parish or the extra-parochial place at the time of the consecration of any such church or chapel of any such separated parish or district parish ; and from and after the death, resignation, or other avoidance of the then incumbent, to be certified under and according to the provisions of this Act, banns of matrimony may be published, and marriages celebrated and solemnized, and baptisms, burials, and churchings had, within the church or chapel of any such separated parish or district parish, provided the same be respectively published, celebrated, solemnized, and had, according to the laws and canons in force within the realm in that behalf ; and all such banns as shall be published, and also all and every such marriage and marriages as shall be celebrated and solemnized, in any such church or chapel, after the entries, under and according to the provisions of this Act, of the notification, under the hand and seal of the bishop of the diocese, of the death, resignation, or other avoid- ance of the incumbent of the church of the parish or extra-parochial place, shall be as good, valid, and effectual to all intents and purposes as if the same were published, celebrated, and solemnized in the church of the parish or extra-parochial place in which the same shall be situate. XXIX. And be it further enacted, that the death, jjHJJJ^ resignation, or other avoidance of the spiritual person bent ° ' » ■ i_ j church to who was the incumbent of the church of any parish and be notified , . , by bishop, extra-parochial place m which any such separated parish and entered 306 Church Building Act, 1818. Sect. 29. in the register books of the parish church anil of the chapel, and >uch entries to be good evidence of the com- mencement of publica- tion of banns, &c. in the chapel. or district church or chapel shall be so consecrated as aforesaid, at the time of such consecration, shall be notified by the bishop of the diocese, under his hand and seal, to the spiritual person then serving the church or chapel, and to the churchwardens of the parish or place in which the church or chapel shall be situate ; and such notifications shall be preserved with and copies thereof shall be entered in the books of registers ot marriages, births, and burials of the church of the parish or extra- parochial place, and copies of such notifications shall be also entered in the books of registers to be provided for entering the publications of banns and solemnization of marriages, and the baptisms and burials in such chapels ; and such entries shall be authenticated by the church- wardens of such churches and chapels respectively, and shall be sufficient evidence of the period of commence- ment, under the provisions of this Act, of the publication of banns, and solemnization of marriages and baptisms, and performance of burials, in any such chapel or any cemetery thereof. Division not to affect glebe, tithe, moduses, &c, but original parish to remain as to all such rights, &c. XXX. And be it further enacted, that such division of any parish into district parishes only, and not into complete, separate, and distinct parishes, shall not in any manner affect any land, glebe, tithes, moduses, or endow- ment of or belonging to the original church of the parish or extra-parochial place, all which shall continue to belong to the incumbent thereof, and to be holden, demanded, taken, and received by him in like manner to all intents and purposes as if no such division had taken place ; and the original parish shall remain and continue a parish, as to all such glebe land, tithes, moduses, and endowment, and all dues, rights, and remedies in relation thereto, as if this Act had not passed. Not to XXXI. And be it further enacted, that no divisions of or other any parish or extra-parochial place, whether it be divided rates! "' into separate parishes with the consent of the patron and 58 Geo. 3, c. 45. 307 bishop of the diocese, or into district parishes, nor any- Sect. 31. thing in this Act contained in relation thereto, shall affect or in any manner be construed to affect any parish or extra-parochial place so divided, or the persons residing therein, in any other respect than in this Act particularly provided, or in any manner to apply to any poor or other parochial rates which may be raised in the parish or extra-parochial place so divided, or in any such separated parish or district parish, or to the maintenance or relief of poor persons, or to any title or claim to such relief, or to any powers relating to any such rates, or holding vestries, or appointment or powers of parish officers, or any such relief or claim thereto, or to any Act or Acts of Parliament or law or custom relating thereto, save and except as to church rates, in so far as the same are regu- lated by the provisions of this Act, but the original parish shall to all such purposes remain and continue in law a parish to all intents as if no such division thereof into separate parishes or district parishes had been made. XXXII. And be it further enacted, that the said com- Commis- sioners may missioners mav ascertain the average amount, in any ascertain • p ii- i an(1 make parish or extra-parochial place, of all fees, oblations, and compensa- ofterings, whether voluntary or otherwise, for the three losses fron years preceding the making any such division into district ofleril parishes, and also for each year subsequent to such & division during the incumbency of the existing incumbent, and may for that purpose summon and examine upon oath the incumbent or any other person or persons, and require the production of and examine any books or papers necessary for that purpose, and shall thereupon cause compensation to be made out of the monies granted by this Act to the incumbent of any such parish during his incumbency, for any loss which he may sustain by reason of the diminution thereof in consequence of any such division into district parishes, and of such fees, oblations, and offerings, being transferred thereby to the spiritual persons serving the churches or chapels of 808 Church Building Act, 1818. Sect. 32. district parishes under the provisions of this Act : Pro- vided always, that no such ascertainment or compensation made thereupon, or inquiry made, or matter or thing done, or evidence given or produced in relation thereto, shall in any manner affect or prejudice any question as to any right or claim in relation to any such fees, oblations, or offerings. XXXIII. And be it further enacted, that it shall be tor churches to be devoted to -ms- iical pur- poses. Commis- sioners may accept sites lawful for the said commissioners to accept and take any building or buildings fit to be used for or to be converted into such additional churches or chapels, and also any lands, tenements, and hereditaments proper for sites of additional churches or chapels, not exceeding in quantity in any one place what may be sufficient for building of a church or chapel, providing a churchyard, and making a proper and sufficient access or approach thereto, from any persons willing to give the same ; and every such site, when conveyed to the said commissioners, and the church erected thereupon and notice thereof given to the bishop of the diocese, shall become for ever thereafter devoted to ecclesiastical purposes only, in order that the same may be consecrated by the bishop to public worship according to the rites of the United Church of England and Ireland as by law established ; and it shall also be lawful for the said commissioners to accept and take from any person willing to give the same any house, garden, and appurtenances, not exceeding ten acres in the whole, for the residence of the spiritual person serving such church or chapel, or any land, not exceeding the said ten acres in quantity, for erecting such house and appur- tenances and making such garden, and the same shall (immediately upon or after the consecration of such church or chapel) become and be the house and glebe belonging to such church or chapel, and vest in the incumbent for the time being as such. The amount of land that may be acquired by the commissioners for a residence of any incumbent by sale or exchange is limited to five acres by 1 & 2 Vict. c. 107. 58 Geo. 3, c. 45. 30!) XXXIV. And be it further enacted, that it shall be Sect. 34. lawful for the Commissioners of His Majesty's Woods, cominlT- Forests, and Land Revenues, by and with the consent of ' w !','[jis ,\ the Lord High Treasurer of the United Kingdom of 'j!;.','^ 1 , 1 , 1 ,." 1 Great Britain and Ireland, or the Commissioners of His ■'","' I)ni ' h ' ot Lan- Maiesty's Treasury of the United Kingdom of Great ™ s||,| ' :|l " : „ . . . Cornwall. Britain and Ireland, or any three or more of them, in maj grani ... P TT . ,.- . ', . . , , ,, sites for writing, or lor His Majesty by any grant signed by the building Chancellor of the Duchy of Lancaster for the time being, churches or or for the Duke of Cornwall by any grant signed by the chll,,el Chancellor of the Duchy of Cornwall for the time being, or for any body politic, corporate, or collegiate, or cor- poration aggregate or sole, to grant any such building or buildings, or any site or sites for the building of any such churches or chapels, with or without cemeteries thereto, and any house or appurtenances and garden for the resi- dence of the spiritual person who may serve the church or chapel. XXXV. And be it further enacted, that all such ra V ish ^ and extra- parishes and extra-parochial places as shall be required parochial by the commissioners shall furnish sites for such addi- famish sites tional churches or chapels as the commissioners may required deem necessary to be built under the provisions of this sioner!!" 11 Act ; and that as soon as the commissioners shall have fixed upon any parish or extra-parochial place as being one in which it is necessary that a church or chapel should be built under the provisions of this Act, they shall give notice to the churchwardens thereof, by causing such notice to be left at their respective places of abode, of their intention to build or cause to be built such church or chapel, and of the extent of ground which will be required for the site thereof, and making a proper access and approach thereto, and of the part of the parish or extra-parochial place within which the same are required to be provided ; and the said churchwardens shall within the space of fourteen days call a meeting of the vestry or select vestry of the parish or extra-parochial 310 Church Budding Act, 1818. Sect. 35. place, or the persons possessing under any Act or Acts of Parliament the powers of vestry of the parish or extra- parochial place, for the purpose of taking all such measures as may be necessary for providing such site and approach thereto as aforesaid ; and in case such parish or extra-parochial place shall not be able to provide the same without purchase, then the vestry or select vestiy, or the persons possessing as aforesaid the powers of vestry, shall and are hereby required forthwith to proceed to treat for a site and approach thereto according to such notice, but shall not conclude any bargain for the same without the approbation of the commissioners. Bodies XXXVI. And be it further enacted, that it shall be politic ... empowered lawful for all bodies politic, corporate, or collegiate, cor- convey porations aggregate or sole, tenants for life or in tail, husbands, guardians, trustees, and feoffees in trust, committees, executors, and administrators, and all other persons and trustees whomsoever, not only for or on behalf of themselves, their heirs and successors, but also for and on behalf of cestuique trusts, whether infants, issue unborn, lunatics, idiots, femes covert, or other person or persons, and to and for all femes covert who are or shall be seised, possessed of, or interested in their own right, and for every other person or persons whom- soever who shall be seised, possessed of, or interested in any lands, grounds, and hereditaments which shall be set out and ascertained for any such site, to contract for, sell, and convey, or, if copyhold, to enfranchise the same and every part thereof, unto the said commissioners under provisions of this Act ; and all such contracts, agre ments, sales, conveyances, and assurances shall be valid and effectual in the law to all intents and purposes what- soever, any law, statute, usage, or custom to the contrary thereof in anywise notwithstanding ; and all bodies politic, corporate, or collegiate, and all persons whom- soever, so conveying as aforesaid, are hereby indemnified for or in respect of any such sale which he, she, or they, 58 Geo. 8, c. 45. 811 or any of them, shall respectively make by virtue or in Sect. 36. pursuance of this Act. Any of the persons in this section mentioned may convey, by sale or exchange, five acres for a residence of any incumbent. (1 & 2 Vict. c. 1(17.) XXXVIII. And be it further enacted, that in all cases Conveyance by lords ot where there shall be occasion to take part of any common manors of io . , . , , ,, lands taken or waste grounds for the purposes oi this Act, the con- from com- veyance thereof by the lord and lady of the manor sufficient, wherein the same shall be situate shall be a good and sufficient conveyance for the purpose of vesting the fee simple and inheritance thereof under this Act, as fully and effectually as if every person having right of common upon such commons or waste grounds had joined in and executed such conveyance ; and that the compensation to be paid for any right of common upon any such commons or waste grounds as aforesaid shall be paid to the church- wardens of the respective parishes wherein such commons ■or waste grounds shall lie and shall be by such church- wardens received and applied for such general or public purposes within such parishes respectively as a vestry of every such parish, to be convened by such churchwardens for that purpose, shall direct, except as is in this Act otherwise provided. XXXIX. Provided always, and be it further enacted, Satisfaction ,,,,,. . . to be made. that all and every body and bodies politic, corporate, or collegiate, trustees, or other persons hereinbefore capaci- tated to sell and convey any lands, tenements, and other hereditaments, or enfranchise any copyholds, or any owner or owners and the occupier or occupiers of any lands, tenements, or other hereditaments required to be taken for the purposes of this Act, may accept and receive satisfaction for the value of such lands, tenements, and hereditaments, or of any such interests as aforesaid : and from and immediately after the time of making and 312 Church Building Act, 1818. Sect. 39. executing such sale and conveyance, or any contract or contracts for the same, the said commissioners, or any person or persons purchasing the same, under the pro- visions and for the purposes of this Act, may and shall be at liberty to enter upon, and from thenceforth for ever to have, take, and use the said lands, tenements, and ii parties other hereditaments for the purposes of this Act; and in cannot . . agree, price case the parties interested in such lands, tenements, or by a jury, hereditaments cannot or do not agree to the amount or value of such satisfaction, the same shall be ascertained and settled by the verdict of a jury, as is hereinafter directed. XL. If parties are dissatisfied, or refuse or are tillable to treat, <&c, a jury to be impanelled to decide the matter. XLI. Penalty on sheriff refusing to summon a jury, and on witnesses refusing to attend. XLII. Verdicts to be recorded. XLIII. Power to enter upon and take possession of lands, <£c, on payment or tender of purchase monies. XLIV. Application of compensation when it shall amount to or exceed 200/. XLV. When less than 2001. and exceeding 201. XLVI. When less than 201. XLYII. In case of not making out title, or if persons cannot be found, purchase money to be paid into the bank, subject to the order of the Court of Chancery, by motion or petition. XLYIIL Where any question shall arise touching the title to money to be paid, the person who shall be in posses- sion of the lands, &c, at the time of such purchase shall be deemed entitled thereto according to such possession. 58 Geo. 3,c. 45. 313 XLIX. The Court may order reasonable expenses of Sect. 49. purchases to be paid by the commissioners. L. Mortyayees to convey. LI. And whereas the said commissioners may purchase Oommis- • L sioners lands to be made use of for the purposes of this Act, and empowered it may happen that no church or chapel shall be built lands not thereon, and by reason thereof the same shall not be consecrated and devoted for ever to ecclesiastical pur- poses under this Act, and it may in such case become necessary to resell the same : Be it therefore further enacted, that it shall be lawful for the said commissioners, by indenture under the hands and seals of any five or more of them, to grant and convey, by way of absolute sale, for a consideration in money, such lands, tenements, or hereditaments, or any such part or parts thereof as shall not be wanted for the purposes of this Act ; and all such conveyances from the said commissioners shall be valid and effectual, anything in this Act contained, or any other law, statute, or custom, to the contrary thereof in anywise notwithstanding ; and upon payment of the money which shall arise by sale or sales of such lands, tenements, and hereditaments, it shall and may be lawful for the secretary for the time being to the said commissioners to sign and give receipts for the money for which the same shall be sold, which receipts shall be sufficient discharges to any person or persons for the purchase money for which such lands or buildings shall be so sold, or for so much thereof as in such receipts shall be acknowledged or expressed to be received, and such person or persons shall not afterwards be answerable or accountable for any loss, misapplication, or non- application of such purchase money or any part thereof: Provided always, that the said commissioners, before they shall sell and dispose of such lands, tenements, or hereditaments, shall first offer to resell the same to the person or persons from whom they shall have purchased the same, or would have been p 314 Church Building Act, 1818. Sect. 51. entitled thereto in case the same had not been purchased by the said commissioners, the price at which the same shall be resold being adjusted and settled by a jury, in like manner as the price for any land to be taken in pursuance of this Act is hereinbefore directed to be settled, in case of difference or dispute as to the value thereof; and if such person or persons shall not agree, or shall refuse to repurchase the same, it shall and may be lawful to and for any person or persons, not interested in the premises, to make an affidavit, to be sworn before a master extraordinary of the High Court of Chancery, or before one of His Majesty's justices of the peace for the county where such lands shall be situate, stating that such offer was made by or on behalf of the said commissioners, and that such person or persons did not agree or refuse to purchase such lands or buildings, as the case may be ; and such affidavit shall in all courts be sufficient evidence and proof that such offer was made, and not agreed to, or refused. Allowing commis- sioners to procure < sites for churches. LH. And be it further enacted, that in every case in which any parish or extra-parochial place is or shall be empowered by any Act or Acts of Parliament to build any church or chapel, or enlarge any existing church or chapel, and also in every case in which any parish or extra- parochial place shall be desirous of building any church or chapel, or enlarging any existing church or chapel, and defraying the expense thereof without any aid from the commissioners in that behalf, and are not able to procure a fit and proper site for such new church or chapel, or for the enlarging such existing church or chapel, by reason of the inability of any person or persons, body or bodies, interested in such site or any part thereof, to convey or make a good title to the same, freed and discharged from all incumbrances, or shall be unwilling to treat for the sale thereof, or cannot agree for such sale and purchase, then and in every such case it shall be lawful for the said commissioners, and they are hereby 58 Geo. 3, c. 45. 315 authorized and empowered, if, upon application made for Sect. 52. that purpose, and upon a statement of all the circumstances of the case, they shall think it proper and expedient, to proceed under the provisions of this Act to procure such site ; and the expense of procuring such site shall be chargeable and charged upon the parish or extra-parochial place making such application, in like manner as in cases of money advanced for sites under this Act ; and all the powers, authorities, provisions, and regulations and clauses in this Act contained, in relation to procuring sites for churches to be built under the provisions thereof, shall extend and apply to the procuring and taking of such sites, as fully in any respect as if such churches or chapels were built under the provisions of this Act. LIII. Provided always, and be it further enacted, that Not to take J . certain nothing in this Act contained shall empower the said premises commissioners to take any private dwelling-house or leave of the ai j i j j i i j owners. &c. omccs, or garden, orchard, yard, park, pleasure ground, paddock, or planted walk or avenue appurtenant thereto, without the consent of the owners and occupiers thereof. LIV. And be it further enacted, that it shall be lawful Commis- ' sioners may for the said commissioners to advance money to any advance money to parish or extra-parochial place to purchase any site or parishes to sites, in case from the amount of the sum or the state of sites. the parish or extra-parochial place as to its population, parochial rates, and other circumstances, it may appear to the commissioners to be proper to make such advance ; and the commissioners shall in every such case assign periods for repayment of all monies so advanced, by instalments, within ten years. LV. And be it further enacted, that if no site shall be ^esnrt provided in any parish or extra-parochial place, and duly P.™ cure a notified to the said commissioners, within six months after musioners may, and notice shall have been given by the said commissioners charge the that a site would be required in such parish or extra- upon tho parochial place, it shall be lawful for the said commis- 1 '" p 2 310 Sect. 55. Sums ex- pended iu purchasing sites or advanced to parishes by com- missioners to be charged upon and paid out of the church rates. Rates may be raised in extra- parochial places for the pur- poses of this Act. Church Building Act, 1818. sioners and they are hereby empowered to purchase a site, and charge the expense of such purchase upon the rates raised or to be raised under the provisions of this Act in such parish or extra-parochial place, giving notice of the amount, and of the periods within which the repayment by instalments will be required. LVI. And be it further enacted, that the church rates of the parish shall in all cases be and be deemed in law to be the security for the repayment of all money expended by the parish in providing any site or sites, or advanced by the commissioners to any parish under the provisions of this Act, or paid by the commissioners in cases of neglect in providing sites ; and all such sums of money so expended or advanced under the provisions of this Act, in carrying into execution the purposes thereof in any parish, shall be and are hereby made chai'geable and charged upon such rates ; and the churchwardens shall in every such case make, and they are hereby required and empowered to make, proper and sufficient rates for repaying such expenses and advances within the periods or at the times which shall be specified by the commissioners under the authority of this Act in that behalf. LVII. And be it further enacted, that in every case in which any sum or sums of money shall have been expended in purchasing any site or sites for any church or churches, or chapel or chapels, or advanced by the commissioners under the provisions of this Act for any extra-parochial place in which no church rates shall be made, raised, or collected, it shall be lawful for the said commissioners to require any justice or justices acting in or for the division of the county in which such extra-parochial place shall be, and every such justice or justices shall from time to time, as the case may require, appoint two or more proper persons to make, raise, collect, and levy rates for making all such payments and repayments as may be required under the provisions of this Act ; and all such persons so 58 Geo. 3, c. 45. 317 appointed shall have all such and the like powers and Sect. 57. authorities for making, raising, levying, and collecting [and enforcing payment of] any such rates as any church- wardens have by law in that behalf, and are hereby required and empowered to make, raise, levy, and collect sufficient rates for making such payments and repayments as aforesaid ; and all sums so expended or advanced shall be charged upon such rates, and paid thereout at such times and in like manner and under the like provisions as if such place had been and was a parish in which church rates were made, levied, and collected by law; and all such rates shall be deemed in law church rates for the purposes of this Act, and made, raised, levied, collected, and accounted for as such ; and all Acts of Parliament, and clauses, provisions, regulations, penalties, and for- feitures contained in any Act or Acts of Parliament, and all powers, authorities, and laws, ecclesiastical or others, for the making, raising, levying, collecting, and account- ing for church rates, shall apply and be enforced for the making, raising, levying, and collecting such rates in any such extra-parochial place, from time to time, when and so often as it shall be or become necessary to make or raise any such rates for the purposes of this Act. LVD!. And be it further enacted, that it shall be g^_ of lawful for the churchwardens of any parish, or persons £ art ^ na ' appointed in any extra-parochial place, with the consent borrow in any parish of the vestry or select vestry, or persons possessing, under any Act or Acts of Parliament, the powers of vestry, and with the consent in any extra- paroehial place of the majority of the persons who would be entitled to vote in vestry if the same had been a parish assembled at any meeting called for that purpose, with notice given in the church or chapel of the extra-parochial place, or in the church or chapel nearest adjoining thereto, to borrow any money upon the credit of the rates of the parish or extra-parochial place so to be made as aforesaid ; and they are hereby empowered and required, in any case 318 Church Building Act, 1818. Sect. 58. i n w hich such money shall have been borrowed, to raise by rate a sum sufficient from time to time to pay the interest of the money so borrowed, and one-twentieth part of the principal sum borrowed out of the produce of such rates, until the whole of the money so borrowed shall be repaid. LIX. Clause to authorize the raising of money for the enlargement of existing churches or chapels. LX. Application to be made, with consent of majority of inhabitants paying poor rates, or where there is a select vestry, then with consent of not less than four-fifths of such vestry. LXI. Churchwardens may raise rates for the purpose. LXII. Commissioners may build churches upon such plans as they shall think most convenient. LXHI. Commissioners may settle amount of rents of pews ; application of produce. LXIV. Commissioners to assign stipends to the clergy- men out of pew rents — Differences as to stipends. LXV. Bishops may direct the performance of a third service with a sermon, under certain circumstances. LXVL Provision for the clergymen ivho may perform additional service. of at ciistr^t LXVII. And be it further enacted, that the nomination to bohT or appointment of the spiritual person to serve all such pal -S n ° f district churches and chapels shall belong to the patron of ciuuch. the church of the parish or extra-parochial place out of which such district shall be taken, and the spiritual person 58 Geo. 8, c. 45. 319 so presented, and instituted or licensed (as the case may Sect. 67. be) by the bishop of the diocese, shall be subject to the same jurisdiction and visitation as the incumbent of the parish now is. LXVIII. Provided always, that in any case in which *<"*»<*» any chapel shall be built either wholly or in part by means where the of any rates to be raised in any parish the first and sub- built by sequent nominations of the minister of the chapel shall be in the incumbent of the church of the parish or extra- parochial place in which such chapel shall be built. LXIX. Rights of Brazen Nose College to present clerks to churches within the parish of Stepney not to be affected. LXX. Repairs to be made by rates upon the district. LXXII. Deeds for clergymen's salaries to be enrolled. LXXIII. And be it further enacted, that two fit and JgJ" proper persons shall be appointed to act as churchwardens church- for every church or chapel built or appropriated under the provisions of this Act, at the usual period of appointing parish officers in every year, and shall be chosen, one by the incumbent of the church or chapel for the time being, and the other by the inhabitant householders entitled to vote in the election of churchwardens residing in the district to which the church or chapel shall belong, and of any extra-parochial place by such inhabitant householders as would be entitled to vote in the election of church- wardens if such extra-parochial place had been a parish ; and the two persons, when so elected churchwardens, shall appear and be admitted and sworn according to law, and shall collect and receive the rents of the seats and pews and pay the stipends or salaries appointed by the commissioners to be paid to the minister and clerk of and 320 Church Building Act, 1818. Sect. 73. belonging to the church or chapel for the time being, and also shall do, perform, and execute all lawful acts, matters, and things necessary and requisite for and concerning the repairs, management, good order, and decency of behaviour to be kept and observed in the church or chapel by the congregation thereof; and the persons so to be appointed or chosen churchwardens shall continue in their said office until others shall be chosen in like manner in their stead ; and all the persons so chosen churchwardens are hereby authorized and empowered, in case of non-payment of the rents of the seats and pews of the church or chapel for which they shall be appointed, to enter upon and sell the same, or else to sue for and recover the same by action or actions for such rents, in the names of "The Church- wardens of the Church or Chapel of" [describing the same] , as the case shall or may require, without specify- ing the christian or surnames of such churchwardens ; and no such action shall abate by reason of the death or removal or going out of office of any such church- warden. Church- wardens to act in parishes where additional chapels shall be built. LXXTV. And be it further enacted, that the church- wardens of every parish in which any additional chapel shall be built or provided under any of the provisions of this Act, without making any division thereof into sepa- rate parishes or district parishes, shall be and are hereby authorized and required to execute and do all such things as the churchwardens to be appointed under the provisions of this Act are authorized and required to do. LXXV. Peivs to be provided for minister, <£c, and free seats for poor jjersons. LXXVI. Choice of ^eit's by subscribers. LXXVII. Pews to be let to raise the sum required for ministers' salaries, dc. 58 Geo. 3, c. 45. 821 LXXVIII. Churchwardens may, with consent of incum- Sect. 78. bent, patron, and bishop, alter pew rents. LXXIX. For the recovery of pew rents half-yearly. LXXX. And be it further enacted, that it shall not be No opening i ... to bo made lawiul to break up the pavement, or to open the sou in any beneath the same, within any church or chapel to be chapel for erected under the provisions of this Act, for the purposes f burial; of burial, or to make any grave in any cemetery or church- m"ad C a in any yard thereunto adjacent or belonging, at any less distance ^t a r ie<^ aid than twenty feet from the external walls of such church or ?' sta, 3,°? i . J . , than 20 feet chapel respectively : Provided always, that nothing herein from the contained shall extend or be construed to extend to pre- church, vent the burial of dead bodies in any vault wholly arched with brick or stone, which may have been constructed for such purposes under any church or chapel, and to which the only access shall be by steps on the outside of the external walls thereof ; and if any burial shall take place, Not to pre- or any grave be made, otherwise than is herein provided, in vaults. the person or persons ordering or causing the same to be made shall for every such offence, on conviction thereof before any two of His Majesty's justices of the peace for the county or place, forfeit and pay the sum of fifty pounds ; and in default of payment thereof the same shall and may be levied and recovered, by warrant under the hand and seal of such justices, by distress and sale of the goods and chattels of such offender or offenders, rendering the overplus (if any) to the owner thereof; of which penalty one moiety shall be given to the informer, and the other moiety to the use of the poor of the parish. LXXXI. And be it further enacted, that accounts shall Accounts to annually be laid before both Houses of Parliament, of the laid before progress made by the said commissioners in execution of the purposes of this Act, stating the number of churches or chapels built or building, the stipends assigned to the p 3 322 Church Building Act, 1818. Sect. 81. incumbents or curates thereof, the money expended, and for what purposes, and all such other particulars as shall be necessary for explaining the progress made in carrying the purposes of this Act into execution. Limitation of actions. General issue. LXXXILT. And be it further enacted, that no action or suit shall be commenced against any person or persons for anything done by virtue of or in pursuance of this Act until fourteen days' notice thereof in writing shall have been given to the secretary for the time being of the said commissioners, nor after a sufficient satisfaction, or a tender thereof, hath been made to the party or parties aggrieved, nor after six calendar months next after the fact committed ; and such action shall be brought in the said Court of Exchequer in England, and shall be laid in the county of Middlesex, and not elsewhere ; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this Act and the special matter in evidence at any trial to be had there- upon, and that the same was done in pursuance and by the authority of this Act ; and if the same shall appear to be so done, or if such action or suit shall be brought after the time hereinbefore limited for bringing the same, or shall be brought without fourteen days' notice thereof, or shall be brought in any other county or place, or after a sufficient satisfaction made or tendered as aforesaid, that then the jury shall find for the defendant or defen- dants. Powers of bishop, &c, not to be invalidated ; LXXXIV. Provided always, and be it further enacted and declared, that neither this Act, nor anything herein contained, shall extend to invalidate or avoid any ecclesi- astical law or constitution of the Church of England, or to destroy any of the rights or powers belonging to any bishop of any diocese, or any archdeacon, chancellor, or official. 58 Geo. 8, e. 45. 323 LXXXV. And be it further enacted and declared, that Sect. 85. he and they respectively may at all times hereafter visit, but may • exorcise institute, and exercise ecclesiastical jurisdiction in all the ecciesias- parishes to be erected or divided by virtue or in pursuance diction.' 1 S " of this Act, or in any part or place within the samo, as amply as they or any of them may do now therein, and in such manner as in any other parishes or places within his or their diocese or jurisdiction respectively. 324 Church Building Act, 1819. 59 GEO. 3, Cap. 134. An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes.(a) [13th July, 1819.] Whereas an Act passed in the last session of Parliament, cf^ ' 3 ' intituled An Act for building and promoting the building of additional Churches in populous Parishes : And whereas it is expedient and necessary that some of the provisions of the said Act should be amended, and other provisions thereof enlarged, and that further and additional provi- sion should be made for rendering the said Act more effectual : . . . Vp» [III. And be it further enacted, that it shall be laivful mayap- for His Majesty, his heirs and successors, when and so often point com- ' , 7 , .,,,.. missioners as any vacancies snail or may arise, by death, resignation, vacancies:] or otherwise, of any of the commissioners appointed by His Majesty under provisions of the said recited Act or this Act, from time to time to supply any such vacancy or vacancies by the appointment of any other person or persons, and also from time to time to appoint additional commissioners, who, together ivith the persons before appointed, shall be the commissioners for carrying into execution the purposes of the said Act and Ifcmers™' ^ s ^ ct ' ani ^ ^' e com ™-i ss ioncrs so appointed by His Majesty, sha.li be a under the provisions of the said Act or this Act, shall be and body cor- l J jiorate.] are hereby declared to be a body corporate, by the name and style of " His Majesty's Commissioners for building New Churches," and by that name shall, from and after the («) This Act is repealed, so far as it confers power to enforce payment of any rate, by the Statute Law Revision Act, 1873. 59 Geo. 8, c. 134. 325 passing of this Act, be a body corporate, ivhile any commis- Sect. 3. *ion appointing such commissioners shall continue in full force, and shall have a common seal.] IV. And be it further enacted, that it shall be lawful for Comiuis- , , . , . . , , ' sioners em- tne said commissioners, and they are hereby empowered to powered to allow and make grants for the defraying of the whole of the whole of the charges and expenses of building any churches or chapels certain 031 " under the provisions of the said recited Act and this Act, and cases " in all cases in which the commissioners shall see fit, either on account of the inability of the inhabitants to bear any part of the charge of building any such churches or chapels, or from any other cause which shall in the judgment and discretion of the said commissioners be sufficient : any- thing in the said recited Act contained to the contrary notwithstanding. V. And whereas many parishes are divided into town- Commis- ships, hamlets, vills, chapelries, and other divisions, which trcaTwith are oftentimes very large and populous ; and it is there- grants to fore expedient that the said commissioners shall be^E&EZS empowered to consider divisions of parishes, as parishes djSt Were for the purposes of the said recited Act and of this Act ; be P aii8hes - it therefore enacted, that it shall be lawful for the said commissioners, and they are hereby empowered, to make grants or loans, or grants and loans, to any such town- ships, hamlets, vills, chapelries, or other divisions of parishes, as may, in the judgment of the commissioners, from their population, require further accommodation for divine service, according to the rites of the united Church of England and Ireland, although the population of any such division may not amount to four thousand, and although in the whole parish there may be accommodation for more than one-fourth part of the inhabitants ; and the commissioners may, in every such case, proceed, in rela- tion to any such divisions, under the provisions of the said Act and this Act, in every respect as if they were separate and distinct parishes ; and all the provisions in 320 ( 'hurch Building Act, 1819. Sect. 5. the said Act and this Act contained for enabling the said commissioners to make grants or loans to any parishes or extra-parochial places, shall extend and apply and be in full force as to such divisions of parishes, as fully and effectually to all intents and purposes as if such divisions were separate and distinct parishes, and as if all the powers, authorities, and provisions in the said Act and this Act contained, in relation to parishes, were severally and separately re-enacted as to such divisions of parishes. Counnis- VI. And whereas a considerable population is frequently sioners may . . . ° unite pans collected together, at the extremities of and locally situate tiguous in parishes or extra-parochial places contiguous to each Into ecclesi- other, at a distance from the respective churches or trictsforthe chapels of such respective parishes or extra-parochial thereto" 1 places ; be it therefore enacted, that it shall be lawful for ami build i\ ie sa j c j commissioners, with such consent as is required chapels for ^ the use of by the said recited Act in the case of district parishes, to such dis- *\ . x tricts. unite and consolidate any such contiguous parts of such parishes and extra-parochial places into a separate and distinct district, for all ecclesiastical purposes, and to cause such district to be named, ascertained, and marked out by described bounds, and such name, and the descrip- tion of such bounds, when approved by His Majesty in Council, to be enrolled ... in the office of the registry of the diocese to which such district shall belong, under the provisions of this Act, and to make grants or loans for or towards the building of or to build any chapel or chapels, with or without cemeteries, in and for the use of the inhabitants of any such district, in such manner and under such regulations as may, in the judgment of the commissioners, appear from the circumstances to be most expedient, and to constitute any such district a consoli- dated chapelry ; and every such chapelry shall be under the superintendence of such spiritual person as shall be appointed under the provisions of this Act to serve any such chapel ; and such spiritual person shall have cure of souls in such district; and the right of presentation and 59 Geo. 3, c. 134. 327 appointment of such spiritual person shall thenceforth Sect. 6. belong to such person or persons, and be exercised in such manner as may be agreed by the several patrons of the churches or chapels of such parishes and extra-parochial places respectively, with the approbation of the •commis- sioners ; and banns of marriage may be published, and marriages, christenings, churchings, and burials may be solemnized and performed in any such chapel, imme- diately and at all times after the consecration thereof; and the pew rents in such chapel shall be fixed, and salaries to the minister and clerk assigned therefrom, in such manner as is directed in the said recited Act or in this Act concerning pew rents and salaries in separate or district parishes ; and all fees and offerings which may arise and accrue within such chapelry, according to such table of fees as the commissioners shall make, with the approbation of the bishop, may be demanded, received, sued for, prosecuted, and recovered by the spiritual person having cure of souls therein, and by the clerk and sexton of such chapelries, in like manner as if every such chapelry was a distinct parish ; and it shall be lawful for the said commissioners, and they are hereby required, in every such case, to ascertain and make compensation, in manner directed in like cases under the said recited Act, for any loss which may be sustained by the incumbent of any contiguous parish or extra-parochial place which shall form part of any such district, by reason of any fees, oblations, and offerings being transferred to the spiritual person serving any such chapel. . . . This section is explained and amended by 8 & 9 Vict. c. 70, s. 9. A district formed under this section, and called a consolidated chapelry, is governed by the same regulations as a district formed under 58 Geo. 3, c. 45. and called a district parish. (Jones v. Gough, 2 Moore V. C. C. (N.S.) 1 ; 11 Jur. (N.s.) 251 ; 13 W. II. 509 ; 12 L. T. (N.s.) 31.) VII. And be it further enacted, that in every case in Oommfe- which the commissioners shall determine that any addi- build with- tional church or chapel or churches or chapels shall be aetermina- 328 Church Building Act, 1819. Sect. 7. erected in any parish or extra-parochial place, it shall be tion as to lawful for the said commissioners to require sites to be the parish, provided for the same, in manner directed by the said such build- re cited Act, and to grant or lend money for the purchasing deemed* 11 be °*" s ^ tes ' anc * *" or ^ e erecting, or to erect or build, under ehTeiis S ° r ^ e P rov i s i° ns °f tne sa id Act or this Act, any building or when built, buildings for the celebration of divine service according to the rites of the united Church of England and Ireland, without determining before the making of any such requisition of sites, or of any such grant or loan, or before the erecting or building any such church or chapel, whether the parish or extra-parochial place in which the same shall be built, shall be divided into separate and distinct parishes or districts for ecclesiastical purposes under the provisions of the said Act, or whether any such building shall, after the consecration thereof, be deemed a church or chapel, or whether the same shall be appropriated to the accom- modation of the parish at large in which the same is built, or to any particular district or division or divisions thereof ; anything in the said recited Act to the contrary notwith- standing. VIII. In divided parishes, glebe, dc, may be appor- tioned without regard to local situation. IX. Commissioners in divided 2 }ar i snes to apportion permanent charges as well as glebe, dc. Clerks and x. And be it further enacted, that when any parish sextons of , . . . divisions of shall be divided under the provisions of the said recited recover ' Act or this Act, all fees, dues, profits, and emoluments &c. belonging to the parish clerk or sexton respectively of any such parish, whether by prescription, usage, or other- wise, which shall thereafter arise in any district or division of any parish divided under the provisions of the said recited Act, shall belong to and be recoverable by the clerks and sextons respectively of each of the divisions respectively of the parish to which they shall be assigned, 59 Geo. 3, c. 134. 329 in like manner in evex'y respect and after the same rate as Sect. 10. they were before recoverable by the clerk and sexton respectively of the original parish ; and it shall be lawful for the said commissioners in every such case to ascertain and make compensation, in manner directed by the said recited Act in cases of compensation by reason of loss of fees, for any loss of fees, dues, profits, and emoluments which any clerk or sexton may sustain by reason of any such division. In 1810 a chapel was purchased for the purpose of being conse- crated as a chapel of ease in a parish. The chapel was consecrated under the provisions of a deed, by which the parish clerk and sexton were to be entitled to the fees for christenings, burials, and marriages in the chapel and cemetery as if they had taken place in the mother church. J>y an Order in Council, 1853. the chapel was created a district chapelry under 59 Geo. 3, c. 134, s. 16. The clerk and sexton of the parish having brought an action for money had and received against the clerk and sexton of the chapel for lees received for christenings, burials, and marriages in the chapel — //' Id, that this being a district chapelry, was not within the opera- tion of this section so as to confer the fees upon the clerk and sexton of the chapel, and that the clerk and sexton of the parish church was entitled to recover the fees arising at the chapel. (Roberts v. Aulton, 2 H. & N. 432; 26 L. J. Ex. 380.) XI. And be it further enacted, that it shall be lawful Commis- for the said commissioners, and they are hereby em- fix tabic of powered to make and fix any table of fees for any parish, with the consent of the vestry or select vestry, or persons exercising the powers of vestry in such parish, and also to make and fix any such table of fees for any extra-parochial place, or in or for any district chapelry or parochial chapelry in which any church or chapel shall be built or appropriated under the provisions of the said recited Act or this Act, with the consent nevertheless, in all such cases, of the bishop of the diocese ; and all fees so fixed may be demanded, received, sued for, prosecuted, and recovered by the spiritual person or clerk or sexton to whom the same shall be assigned, in like manner and by such and the same means as any ancient legal fees of a like nature may be sued for, prosecuted, and recovered. 330 Church Building Act, 1819. Sect. 12. xil. And be it further enacted, that all churches which churches to s ^ a ^ ^ e ^ u ^* or ac 1 u i re ^ under the provisions of the said become dis- Act or this Act, whether belonging to parishes completely nces; but to divided or to district parishes, shall immediately after the be served .lining ex- consecration thereof become and be deemed to be and be cumbency, distinct benefices and churches for all ecclesiastical pur- !i'iary Pcn poses : Provided always, that during the incumbency of tedeemed 3 *k e then existing incumbent of the parish, except as here- one church, inafter excepted, such churches shall be served by licensed stipendiary curates, appointed by the existing incumbent, and subject to all the laws in force relating to stipendiary curates, except as to the assigning salaries to such curates by the bishop of the diocese ; and every such existing incumbent shall, until his death or other avoidance, con- tinue to hold all the churches of the several divisions of his parish as if they were one church, unless he shall voluntarily resign one or more of them ; any statute or law against plurality of benefices, or anything contained in the said recited Act or any other Act or Acts of Parlia- ment, to the contrary notwithstanding. Right of XIII. Provided always, and be it further enacted, that patronage of . . . . parishes the right of presentation and appointment of the spiritual divided to ° , L , ,. . , p ., belong to persons to be the respective incumbents oi or to serve the of the churches of the several parishes created by the complete church, and division of any parish under the provisions of the said aft€r e e r x- sed recited Act or this Act, shall in every case belong to the curnbe' 11 " - P a h'on of the church of the original parish ; and the exercise of such right of presentation or appointment shall commence on the death or other avoidance of the existing incumbent, except in any case in which the division of any parish shall have been made, or in which the com- missioners shall have declared their intention of dividing any parish, before or during any avoidance, in which cases the exercise of such right of presentation or appointment shall commence upon the consecration of the church or churches respectively of any such division ; and the several churches erected in and for such divisions respec- 59 Geo. 3, c. 134. 331 tively, shall iiimiediately upon consecration become bene- Sect. 13. fices, and subject to all the laws in force concerning presentations and appointments to benefices and churches, and lapse, and all other laws, provisions, and regulations relating to the holding of benefices and churches, anything in the said recited Act or in this Act to the contrary not- withstanding : Provided always, that the spiritual care and superintendence of every parish so divided during avoidance, shall, until incumbents shall have been pre- sented or appointed for the divisions thereof, continue in the spiritual person who shall be the incumbent of the original parish ; and such spiritual person shall receive all emoluments accruing and arising within the parish during such superintendence. XIV. And be it further enacted, that it shall and may Churchwar- ' J dons, with be lawful for the churchwardens of any parish, with the consent of consent of the vestry, or persons possessing the powers of the bishop vestry, and with the consent of the bishop and incumbent, diocese, may and they are hereby authorized and empowered, to borrow upon the* 67 and raise upon the credit of the church rates, or of any ^tesfor the rates made under the said recited Act or this Act, of any ^un-hes or such parish, such sum or sums of money as shall be chapels, and ' . . provide for necessary for defraying the expense of repairing any the repay- churches or chapels ; and they are hereby empowered and thereof. required, in any case in which such money shall have been borrowed, to raise by rate a sum sufficient from time to time to pay the interest of the money so borrowed, and not less than ten per cent, of the principal sum borrowed, out of the produce of such rates, until the whole of the money so borrowed shall be repaid. XV. And be it further enacted, that it shall be lawful Bodies for all bodies politic, corporate or collegiate, corporations empowered aggregate or sole, tenants for life or in tail, husbands, rights of guardians, trustees, and feoffees in trust, committees, Lndendow executors, and administrators, and all other persons and cha i 1cR trustees whomsoever, not only for or on behalf of them- selves, their heirs and successors, but also for and on behalf 832 Church Building Act, 1819. Sect. 15. of cestuique trusts, -whether infants, issue unborn, lunatics, idiots, femes covert, or other person or persons, and to and for all femes covert who are or shall be possessed of or entitled to or interested in their own right, and for every other persons whomsoever who shall be possessed of or entitled to or interested in any right of patronage, or of presentation or appointment to any benefice, donative, perpetual curacy, or of any spiritual person to any church or chapel, or the performance of any ecclesiastical duties in any church or chapel, to surrender any such right of patronage, presentation, or appointment, or enter into or make any agreement relating thereto with the said com- missioners, or the bishop of the diocese, for the purpose of regulating the same, according to the provisions of this Act ; and it shall also be lawful for any such bodies or persons as aforesaid to endow, or agree to the endowment of any chapel heretofore built out of the pew rents thereof ; anything contained in any Act or Acts of Parlia- ment, or in any deed or deeds, or any trusts relating thereto respectively, to the contrary notwithstanding. commis- XVI. And be it further enacted, that it shall be lawful sioners may .... assign dis- for the commissioners, in the same manner and with the chapels like consents as are required in case of division into eccle- canfof ° siastical districts under the said recited Act or this Act, rabtecb'to *° assig 11 a particular district to any chapel of ease or oflneum- 01 P aroc hial chapel already existing, or to any chapel built, bents. or w b.i c h may hereafter be built or acquired under the powers of the said Act or this Act ; and such district shall be under the immediate care of the curate appointed to serve such chapel, but subject nevertheless to the super- intendence and control of the incumbent of the parish church ; and all such curates shall be nominated by the incumbent of the parish to the bishop for his licence, except where the right of nomination shall already be legally vested in any other person or persons, and in every such case by the person or persons possessing such right of nomination; subject to all the laws in force 59 Geo. 3, c. 134. 333 relating to stipendiary curates, except as to the assigning Sect. 16. of salaries to such curates : Provided always, that it shall commit be lawful for the commissioners, with the consent of the v^mcanscnt bishop of the diocese, to determine whether any and ^y 1 ^ ^.. what part or proportion of the fees or dues for marriages, mine what * r \ . . fees for mar- baptisms, churchings, and burials, shall be assigned to riages, &c, any such curate, and whether banns of marriage shall be assigned. published, and marriages or baptisms, churchings or burials, shall be solemnized or performed in any such chapel, or not ; and in any case in which marriages shall be allowed in any such chapel, the commissioners shall cause the boundaries of the district assigned to such chapel to be enrolled ... in the office of the registry of the diocese, anything in the said recited Act to the contrary notwithstanding . A sexton of a chapelry district constituted under this section is not, when the churchyard is closed, entitled to fees in respect of the burial of inhabitants in a burial ground provided pursuant to 15 & 16 Vict. c. 85, and 16 & 17 Vict. c. 131, for the parish from which the district has been taken. But when such district is afterwards formed into a district parish under 19 & 20 Vict. c. 104, ss. 11, 14, the sexton does become entitled by virtue of the proviso in 20 & 21 Vict. c. 81, s. 5, to such fees. {Oriwrod v. Blackburn Burial Board, 28 L. T. 438; 21 W. R. 539.) An ancient chapelry, situate within a large parish, had from time immemorial had a separate church and churchyard, and sepa- rate churchwardens and church rates, and the incumbent had per- formed marriages, christenings, and burials therein, and retained the fees to his own use. The right of presentation to the chapelry (which was a perpetual curacy) was in the rector of the parish. The chapelry was described as a parish in the ecclesiastical survey, but in recent local Acts of Parliament the church of the chapelry was referred to as a church or ancient chapel of ease. — Held, that the chapelry was not a distinct parish, and that under the powers conferred by 59 Geo. 3, c. 134, s. 16, the Ecclesiastical Commissioners were authorized to divide the chapelry into districts, and to assign a particular district to the ancient chapel. (Tuchiiss v. Alexander, 9 Jur. (N.s.) 1026 ; 32 L. J. Ch. 794 ; 2 Drew & S. 614 ; 11 W. \\. 938; 8L. T. (n.s.) 821.) XVH. And be it further enacted, that all Acts of Par- ££j£^ e nt, liament, laws, and customs relating to publishing banns of &c -> relating marriage, marriages, christenings, churchings, and burials, Hshing and the registering thereof, and to all ecclesiastical fees, marriage, oblations, or offerings, shall apply to all districts and &.i, toappiy 334 Church Building Act, 1819. Sect. 17. consolidated or district chapelries and divisions of any to churches parishes or extra-parochial places, whereof the boundaries of n disS! shall be enrolled in the High Court of Chancery under the provisions of the said recited Act and this Act ; and in the churches and chapels whereof banns of marriage shall be allowed to be published, and marriages, christen- ings, churchings, and burials, or any of them, shall be allowed to be solemnized, and to the churches and chapels thereof, and to the ecclesiastical persons having cure of souls therein, or serving the same, in like manner in every respect as if the same respectively had been ancient, separate, and distinct parishes and parish churches by law, to all intents and purposes. Aiiappor- XVIII. And be it further enacted, that every appor- tionments of glebe and tionment of glebe land, tithes, moduses, and other endow- ments, and ments and emoluments, and of any fees, oblations, shan be gCt offerings, or other ecclesiastical dues or profits, and also [n?he Crel of all permanent and other charges made under the pro- thf'dioce'se visions of the said recited Act or this Act, and also the and not description of boundaries assigned to chapels under this enrolled in * . , Chancery. Act, in which no marriages shall be allowed to be solemnized, and all tables of fees made under the pro- visions of this Act, shall be registered in the registry of the diocese to which the parish, in relation to which any such apportionment shall be made, shall be or be locally situate, and not enrolled in the Court of Chancery ; anything in the said recited Act to the contrary notwith- standing. No chapels XIX. And be it further enacted, that no chapel built or provisions'" acquired under the provisions of the said recited Act, Acttobe which shall be situate in any district parish or made a parish perpetual f° r ecclesiastical purposes under the provisions of the curacies, &c. sa ^ rec it e d Act, and which shall not be or be made the church of such district, shall be or be deemed to be a perpetual curacy, or considered in law as a benefice 59 Geo. 3, c. 134. 335 prcsontativo under the provisions of the said recited Sect. 19. Act, anything therein contained to the contrary notwith- standing. XX. Commissioners of Woods and Forests, dc, with consent of Treasury, may grant materials for building churches and chapels. XXII. And be it further enacted, that it shall be lawful Cammis- for the commissioners, and they are hereby authorized grant and empowered, in any case or cases in which they shall jfroviding deem it expedient, from the amount or description of the without population of any parish, township, hamlet, vail, chapelry, payment or other division of any parish, and the amount of the or securit y> . " * as required rates paid therein, or any other good and sufficient cause. umler recited to grant money for or towards the purchase of sites, or to Act. treat by themselves or their agents for the purchase of sites for the building of churches or chapels, with or without cemeteries, and without requiring or demanding repayment, or security for the repayment of the money so granted or expended in the purchase of such sites or cemeteries, from the parishes or divisions of parishes for which such sites shall be so provided ; and it shall also be lawful for the said commissioners to purchase or grant money for the purchasing of cemeteries not within the bounds of the parish for which the same shall be pro- vided, or for enlarging cemeteries or providing additional cemeteries within such parish respectively ; all which cemeteries, if not within the bounds of such parish, shall, after consecration, be deemed part of the parish for the use of which they shall have been purchased or provided ; anything in the said recited Act, or in any Act or Acts of Parliament, or law or laws, to the contrary notwith- standing. The provisions of this section are extended by 8 & 9 Vict, c 70 s. 14. ' ' 336 Church Building Act, 1819. Sect. 23. XXIII. And be it further enacted, that it shall he Church- lawful for any churchwarden or chapelwarden of any empowered parish or division of an}' parish, or of any consolidated or rates?' district chapelry, in which any rates shall be made under the provisions of the said recited Act or this Act, to demand, receive, sue for, levy, and recover all such rates, by all such ways and means as any church rates may be demanded, sued for, levied, and recovered, as fully and effectually as if all powers, authorities, provisions, penalties, and forfeitures relating to the demanding, suing for, levying, and recovering of any church rates, or for any refusal to pay any like rates, were specially enacted for that purpose in the said recited Act and this Act : Provided always, that any churchwardens or chapel- wardens appointed under the provisions of the said recited Act or this Act, shall not in virtue of such office be deemed overseers of the poor. So much of this Act as confers power to enforce payment of any rates is repealed by the Statute Law Revision Act, 187:5. So much of recited Act as requires the consent of two- thirds of the pro- prietors of messuages, &c, to the enlarge- ment of any church, &c, repealed. No applica- tion t<> build or enlarge any church, ifcc, shall be made if one-third of the pro- prietors of messuages, XXIV. And whereas it is by the said recited Act enacted, that no application and offer to build or to enlarge any church or chapel, either wholly or in part, by means of rates, shall be made, unless two-third parts in value of the proprietors of messuages, lands, and tene- ments within the parish shall have consented thereto in writing ; and it is expedient that such provision should be repealed, and other provisions made in lieu thereof; be it therefore enacted, that [so much of the said recited Act as requires the consent of such proportion of pro- prietors of lands, in manner directed by the said Act, shall be and the same is hereby repealed ; and that from and after the passing of this Act,] no application and offer to build or enlarge any church or chapel, either wholly or in part, shall be made, nor shall any church or chapel be built or rebuilt or enlarged, or any purchase made of any new or additional burial ground, by means of any rates upon any parish, in any case in which one-third part or 59 Geo. 3, c. 134. 337 more in value, such value to be ascertained by an average Sect. 24. of the rate for the relief of the poor for the preceding &c, shall three years, of the proprietors of messuages, lauds, and thereto, tenements within such parish, whether for estates of free- hold or copyhold, or by virtue of leases for terms of years absolute, whereof not less than fifteen years shall be un- expired, or determinable upon a life or lives, shall dissent Manner of . signifying therefrom ; such dissent to be entered in the book con- such taining the proceedings of the vestry, and to be signified, in caso of any future vestry, within two months after any resolution for the purposes aforesaid, of such vestry or select vestry as aforesaid ; [and in case of any vestry already hidden, at which such resolution shall have been passed within two montJis from the passing of this Act, tinder the hands of such proprietors and persons interested as aforesaid ;] and in case of corporations aggregate, under the hand of the president, head, or chief member thereof for the time being ; and in case of femes covert, minors, insane persons, and persons absent from the kingdom, under the hands of their respective husbands, guardians, committees, trustees, attornies, or agents, who are hereby respectively authorized to sign such dissents ; and in cases of trustees of charitable institutions, under the hands of the major part of the trustees, or of any such body of any such trustees as may under their respective trusts be authorized to act in the execution of the trusts. The words in italics are repealed by the Statute Law Bevision Act, 1873. XXV. Provided always, and be it further enacted, that Eat0 not • • • exceeding it shall be lawful for the inhabitants of any parish, who one .shining shall be assembled and present at any vestry, or the pound in major part of the inhabitants so assembled and present at ycar^or five any such vestry, of which notice shall have been given the whole* upon two successive Sundays preceding the meeting of "Aisod^or such vestry, or for two-third parts of such of the persons ,,u , ildin g or ■" L x enlarging a exercising the powers of vestry in such parish as shall be exarch or assembled at any meeting, of which due notice shall have without Q 338 Church Building Act, 1819. Sect. 25. been given according to the mode of giving notices for the imchpro- assembling of such persons, to order and direct the crasfcntsoi making and raising of any rate, not exceeding the amount &c° P ^ e i^ 1S ' °f one shilling in the pound in any one year, or the •Wim-eii by amount of five shillings in the pound in the whole, upon the annual value of the property in the parish, for the purpose of building or enlarging any church or churches, or chapel or chapels, either wholly or in part, by means of rates, without any further or other or any greater number of consents of any inhabitants or proprietors, or occupiers, or other persons ; anything in the said recited Act to the contrary notwithstanding : Provided always, that no greater or larger rate than aforesaid shall be ordered or directed to be made or raised, in relation to any application or offer to build or to enlarge any church or chapel, either wholly or in part, by means of rates, if any such proportion of dissents as are in this Act specified are signified in writing in manner directed by this Act ; and every such order and direction so made as aforesaid, under the provisions of this Act, shall be imperative upon the churchwardens or chapelwardens of the parish in which such order shall be made, who shall forthwith make and raise, and levy and collect the rate so ordered, for the purpose of the said recited Act and this Act, any- thing in the said recited Act or any other Act or Acts of Parliament to the contrary notwithstanding ; and every such rate shall be made, raised, levied, collected, received, and accounted for in like manner, and with all such powers, authorities, provisoes, and regulations, and under and subject to such penalties and forfeitures, as are in law applicable to the making, raising, levying, and collect- ing any church rate in any parish. XXVI. Commissioners may assign the pew rents to the parish, and order a fixed stipend to the minister. XXVII. Surplus of pew rents, after payment of stipend, how to be disposed of. 59 Geo. 3, c. 134. 339 XXVIII. Assignment of stipend to be registered in the Sect. 28. registry of the diocese. XXIX. And be it further enacted, that the clerk in Appoint- ment of every church and chapel erected, built, or acquired or clerk. appropriated under the provisions of the said recited Act or this Act, shall be annually appointed by the minister of the church or chapel. XXX. And bo it further enacted, that . . . proper pews shall be assigned and provided in every such church and chapel for the use of the church or chapelwardens thereof. XXXI. Churchwardens may alter pew rents, with consent of bishop, dkc. XXXII. Pews to be let to parishioners only, and not by auction ; and rates to be payable in advance. XXXIII. Commissioners may discharge subscribers from payment of pew rents, in proportion to their subscription, and allow them to assign. XXXIV. And be it further enacted, that if anv lands, For disposal . J ' of uncon- tenements, or hereditaments which shall have been secrated •,,,, .. -i.i . , lands, &c acquired by the commissioners under the said recited Act acquired by and this Act, whether by gift or otherwise, shall happen sioners. to remain unconsecrated at the end of the term of ten years therein mentioned, or at any other determination of any commission granted by His Majesty under the said recited Act or this Act, such unconsecrated lands, tene- ments, and hereditaments shall be immediately vested in His Majesty, his heirs and successors, to be applied to the uses, intents, and purposes for which they were acquired, under the direction of His Majesty in Council ; unless or until any other provision respecting the same shall be made by authority of Parliament. * # # * * Q 2 340 Church Building Act, 1819. Sect. 36. XXXYI. And be it further enacted, that all such Parishes parishes and extra-parochial places as shall he required by parochial 1 tbe commissioners for executing the said recited Act and lunfish this Act, shall furnish lands for enlarging such existing miuircd'by churchyards or burial grounds, or for making such ^onenffor additional churchyards or burial grounds, as the com- buriai missioners may deem necessary to be enlarged or set out grounds. J under the provisions of this Act ; and that as soon as the commissioners shall have fixed upon any parish or extra- parochial place, as being one in which it is necessary that the churchyard or burial ground should be enlarged, or that a new burial ground should be made under the provisions of this Act, they shall give notice to the churchwardens thereof, by causing such notice to be left at their respective places of abode, of their intention to enlarge such churchyard or burial ground, or to set out a new burial ground, and of the extent of ground which will be required for any such purpose, and for making a proper access and approach thereto, and of the part of the parish or extra-parochial place within which the same is required to be provided ; and the said churchwardens shall, within the space of fourteen days, call a meeting of the vestry of the parish or extra-parochial place, or the persons possessing under any Act or Acts of Parliament the powers of vestry of the parish or extra-parochial place, for the purpose of taking all such measures as may be necessary for providing such additional churchyard or burial ground, and approach thereto as aforesaid ; and in case such parish or extra-parochial place shall not be able to provide the same without purchase, then the vestry, or the persons possessing as aforesaid the powers of vestry, shall and arc hereby required forthwith to proceed to treat for a piece of ground and approach thereto, according to such notice, but shall not conclude any bargain for the same without the approbation of the commissioners. rowers of XXXVII. And be it further enacted, that all the powers recited Act as to pur- and provisions of the said recited Act or of this Act, 59 Geo. 3, c. 134. 341 which authorize or relate to the grant, sale, conveyance, Sect. 37. purchase, and re-sale of any lands, tenements, or hercdita- chasing ments, from or in the name of or on hehalf of His Majesty, building or from any bodies politic, corporate, or collegiate, cor- Bonded to porations aggregate or sole, tenants for life or in tail, aMMonai husbands, guardians, trustees, and feoffees in trust, com- church- mittees, executors, and administrators, cestuique trusts, infants, lunatics, idiots, femes covert, or any other person or persons whomsoever, to or by the said commissioners, for the purpose of building any additional churches or chapels, or the issuing, advancing, levying, or raising, or borrowing or taking up at interest, of any money for any such purpose, shall be and are hereby declared to be extended to and be applicable in all respects, mutatis mutandis, for the grant, sale, conveyance, purchase, or re-sale of any lands, tenements, or hereditaments which may be necessary for enlarging any churchyard or burial ground, or for making any new burial ground and approaches thereto, under the provisions of this Act, and for the issuing, advancing, levying, and raising or borrow- ing and taking up at interest of any money which may be required for any of those purposes, and for repaying the same by instalments or otherwise, in like manner as if all such powers and provisions had been fully repeated and re-enacted in this Act. XXXVIII. And be it further enacted, that any piece or Additional J . . burial parcel of land or ground which shall, under the provisions grounds to be consc- of this Act, be added to any existing churchyard or burial crated! ground, or be appropriated and set apart as and for a new burial ground, shall be, as soon as conveniently may be, consecrated for the burial of the dead, according to the usage of the united Church of England and Ireland, and shall for ever thereafter be used as and for an additional burial ground ; and the freehold of the land which shall be so consecrated, shall from and after the consecration thereof vest in the person or persons in whom the freehold of the ancient churchyard or burial 342 Church Building Act, 1819. Sect. 38. ground of any such parish or ehapelry where the same may he situated, shall from time to time be vested. Oommis. XXXIX. And be it further enacted, that it shall be t^lOlK Is lllllj alter fences i aw f u i for the said commissioners, if they should think fit, of church- ' yards, and to alter, repair, pull down, and rebuild, or order or direct paths, Ac. to be altered, repaired, pulled down, and rebuilt, the walls or fences of any existing churchyard or burial ground of any parish or ehapelry, and to fence off with walls or otherwise, any additional or new burial ground, to be set out or provided by virtue of this Act ; and also to stop up and discontinue, or alter or vary, or order to be stopped up and discontinued, or altered or varied, any entrance or gate leading into any churchyard or burial ground, and the paths, footways, and passages into, through, or over the same, as to them may appear useless and unnecessary, or as they shall think fit to alter or vary ; provided that the same be done with the consent of any two justices of the peace of the county, city, town, or place, where any such entrance, gate, path, or passage shall be stopped up or altered ; and on notice being given in the manner and form prescribed by an Act passed in the fifty-fifth year of 5& Geo. 3, the reign of His present Majesty, («) intituled An Act to amend an Act of the Thirteenth Year of Bis present Majesty, for the Amendment and Preservation of the Public High- ways, in so far as the same relates to Notice of Appeal against turning or diverting a Public Highway; and to extend the provisions of the same Act to the stopping up of unnecessary roads. The notice of stopping up useless ways in a churchyard must be given before making an order of the commissioners ; and an order made and consented to by two justices before notice, and confirmed at sessions, is bad. (Reg. v. Arhicright. 12 Q. B. i)60 ; 13 Jnr. 300 ; 18 L. J. Q. B. 26.) Bates may XL. And be it further enacted, that when any parish any^arlsh shall be desirous of extending and increasing the accom- f» 55 Geo. 3, c 68, is repealed by 5 & 6 Will. 4, c. 50, s. 1. 59 Geo. 3, e. 134. 843 modation in the parish church, and it shall be found Sect. 40. necessary or expedient to that end to take down the forrebuild- existing church and to rebuild the same on the same site, "n^arginf? or on a more convenient site, it shall and may be lawful thechurcl1 - for the churchwardens of any such parish, with the consent of the vestry, or persons possessing the powers of vestry, and with the consent also of the ordinary, patron, incumbent, and lay impropriator, if any such there be, to take down such existing church, and to rebuild the same upon the same or upon a new site ; and the said churchwardens are hereby authorized and empowered to borrow and raise, upon the credit of the church rates, or any rates made under the said recited Act or this Act, of any such parish, such sum or sums of money as shall be necessary for defraying the expense or any part of the expense of the taking down and rebuilding such church, and to make rates for the payment of the interest of such sum or sums of money so to be borrowed and raised, and for providing a fund, of not less than the amount of the interest of the sum advanced, for the repayment of the principal thereof, or for repaying such principal in such manner, and at such times, and in such proportions as shall be agreed upon with the persons advancing any such money : Provided always, that no church shall be so taken down and rebuilt, by means of any rates upon any parish, if such proportion of dissents as are in this Act specified in relation to any application to build or to enlarge any church or chapel, either wholly or in part, by means of rates, are signified in writing in manner directed by this Act ; and such church, when consecrated, shall be to all intents and purposes the parish church of such parish, for the celebration of divine offices, and the solemnization of marriages, according to the rites and ceremonies of the Church of England : Provided always, that one-half of the additional accommodation, which shall be obtained by the rebuilding such church, shall be set apart for free and open sittings : And provided also, that all persons enjoying any pews or sittings within such 344 Church Building Act, 1819. Sect. 40. church, so to be taken down by virtue of any faculty or prescription, shall have a pew or pews, sitting or sittings, as near as may be in the same situation, and of like dimensions, allotted and set apart for them in such new church ; and that all tombstones, monuments, and monu- mental inscriptions, in such church so to be taken down, shall be carefully preserved by the churchwardens, and when the said church shall be rebuilt, on the same or a more convenient site, the said tombstones, monuments, and monumental inscriptions shall be set up by the said churchwardens, at the charge of the parish, in such new church, as near as circumstances will admit, in the situa- tions from whence they were removed in the said church so to be taken down. Commis- XLI. And whereas particular and special circumstances sioners may _ . dischai-ge ma y i n certain cases render it necessary, for tbe more mentary effectual carrying into execution the beneficial purposes of obtaining this Act, in certain parishes, divisions of parishes, or Acts. extra-parochial places, that particular Acts of Parliament should be passed for such parishes, divisions, and places : be it therefore enacted, that it shall be lawful for the said commissioners, in any such case in which they shall deem it proper, to pay or advance money for the payment of any fees which may become due and be payable in either House of Parliament in respect of the passing of any such Act or Acts of Parliament ; and that such fees may be paid out of any money in the hands of the commissioners, arising out of any exchequer bills under the provisions of to be this Act ; and that such Acts shall in all other respects be public Acts, considered as public Acts. 3 Geo. 4, c. 72. 345 3 GEO. 4, Cap. 72. An Act to amend and render more effectual Two Acts passed in the Fifty-eighth and Fifty-ninth Years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes. (a) [22nd July, 1822.] Whereas an Act passed in the fifty-eighth year of the reign of His late Majesty, intituled An Act for building b8 ® 5 e0,3 ' and promoting the building of additional Churches in populous Parishes: And whereas another Act passed in the fifty-ninth year of the reign of His late Majesty, intituled An Act to amend and render more effectual an Act passed |! 9 f^,' 3 ' in the last Session of Parliament, for building and pro- moting the building of additional Churches in populous Parishes : And whereas it is expedient and necessary that some of the provisions of the said recited Acts should be amended, and other provisions thereof explained and enlarged, and that further and additional provisions should be made for rendering the said two recited Acts more effectual : Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that it shall be lawful for the master general and j^^cr principal officers of His Majesty's ordnance, and also for public ae- the comptroller of the barrack department, and also for and ail cor- . . porations, the principal officers of any other public department, may give having or holding any messuages or buildings, or any lands, &c,' lands, grounds, tenements, or hereditaments, for and on churches, 01 behalf of His Majesty, for the public use of any such &c ' (a) This Act is repealed so far as it confers power to enforce payment of any rate ; Statute Law Revision Act, 1873. Q3 34(i Church Building Act, 1822. Sect. 1. department, by any grant or conveyance, signed by the master general or any two of the principal officers of the ordnance department, or by any grant or conveyance, signed by the comptroller of the barrack department, or by any grant or conveyance signed by any one or more of the principal officers of any such other public department as aforesaid, and countersigned, as to all such last- mentioned grants or conveyances, by any three or more of the Commissioners of His Majesty's Treasury of the United Kingdom of Great Britain and Ireland ; and it shall also be lawful for any and every body politic, corpo- rate, and collegiate, and corporation aggregate or sole, or for any trustees, guardians, commissioners, or other persons having the control, care, or management of any hospital, schools, charitable foundations, or other public institutions, by any grant or conveyance signed by or under the seal of such body or corporation respectiveby, to give, grant, and convey any messuages, buildings, lands, grounds, tenements, or hereditaments respectively, and if any such messuages, buildings, lands, grounds, tenements, or hereditaments respectively shall be copyhold at the time of any such gift, grant, or conveyance, in any case in which the lord is willing to enfranchise the same, to be used as sites for churches or chapels, or for enlarging sites of churches or chapels, or for church or chapel yards or cemeteries, or for enlarging sites for church or chapel yards or cemeteries, or for parsonages or residences for ecclesiastical persons ; and all such gifts, grants, and con- veyances shall be made to the commissionei's, or such other person or persons as shall be specified by the said commissioners, under the said recited Acts and this Act, to be used for the purposes thereof; and all such gifts and grants may be made and given without any valuable consideration whatever ; and all conveyances and assur- ances made for carrying any such gifts or grants into effect shall be valid and effectual in the law to all intents and purposes whatsoever, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding ; and all 3 Geo. 4, c. 72. 347 bodies politic, corporate, or collegiate, and all persons Sect. 1. whosoever, so giving, granting, and conveying as afore- said, are hereby indemnified for or in respect of any such gift, grant, conveyance, or enfranchisement which he, she, or they, or any of them, shall respectively make or convey by virtue of or in pursuance and for the purposes of the said recited Acts and this Act. II. And be it further enacted, that all grants, convey- ^tor ances, and assurances which shall be made under the conveyance, authority of the said recited Acts or this Act, or either of them, of any messuages, buildings, lands, grounds, tene- ments, or hereditaments, whether belonging to His Majesty as part of the Duchy of Cornwall or of the Duchy of Lan- caster, or otherwise, or to any body or persons whatever to the said commissioners, or any other person or persons under their direction, for the purposes of the recited Acts and this Act, may and shall be made according to the form following, or in such other form as the case may require, or as near thereto as the circumstances of the case will admit ; videlicet, "I [or we, or the corporate title if a corporation^ , under the authority and for the purposes of an Act passed in the fifty-eighth year of the reign of His late Majesty, intituled ' An Act for building and promoting the building of addi- tional Churches in populous Parishes ; ' and of another Act passed in the fifty-ninth year of the reign of His late Majesty, intituled ' An Act to amend and render more effectual an Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes ; ' and of another Act passed in the third year of the reign of His present Majesty, intituled 'An Act to amend and render more effectual Two Acts passed in the Fifty-eighth and Fifty- ninth Years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes,' do hereby freely and voluntarily give to His Majesty's 348 Church Building Act, 1822. Sect. 2. Commissioners [or to | (as the case may require), and by these j>resents freely and voluntarily, and without any valuable consideration, [if the lands, et camera, are conveyed for a valuable consideration, leave out the words in italics, and insert, Do, for and in consideration of the sum of , to me, or us, or the paid, hereby, under the authority of the several recited Acts, grant, convey, and release to the said | all [describing the premises to be conveyed] , and all [my, or our, or the] right, title, and interest of [if a corporation] to and in the same and every part thereof; to hold to the said and their successors, for the purposes of the said several Acts, and to be devoted, when consecrated, to ecclesiastical purposes for ever, by virtue and according to the true intent and meaning of the said several recited Acts. In witness whereof, et caetera." And all such conveyances and assurances shall be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all estates tail, and other estates, rights, titles, trusts, and interests and incum- brances whatsoever. commis- III. And be it further enacted, that it shall be lawful obtain or' for the said commissioners under the said recited Acts and [amiJor this Act to procure and obtain, or require parishes, chapel- Pequirefi for r i es > townships, and places to provide and furnish, by all rttariidmi ° r or an y °^ SUC ^ wa y s an d means as are specified in the said any church recited Acts or either of them, or this Act, in relation to or chapel, , . whether sites for additional churches, or for church or chapel to oi Vict. c. 107, s. 15. Commis- XVI. And be it further enacted, that it shall be lawful with con-' ' for the said commissioners, and they are hereby ein- ordinary, powered, with the consent of the ordinary and the patron (Us'trict VOrt and of the incumbent of the parish for the time being, or fntodiSrict m case °f tne refusal of any incumbent, then with the parishes, consent of the ordinary upon the next avoidance, to con- suitable ver t any district chapelry made under the provisions of residences, -> . ,. . &c.,canbe the said recited Acts into a separate and distinct parish obtained for .... . . ,. . . . . , -, incumbent, for ecclesiastical purposes, or into a district parish under compen- the said Acts, in any case in which a suitable house of residence, and such maintenance as the said commissioners shall deem competent, can be procured and established for the use of the minister of such separate and distinct or district parish so to be made, and his successors, and in which a compensation shall be provided, to the satisfac- tion of the commissioners and the then incumbent of the sated for. 3 Geo. 4, c. 72. 855 parish, for all fees, oblations, offerings, and other ecclcsi- Sect. 16. astical dues which may by such conversion be transferred to the minister of such separate and distinct or district parish so to be made ; and every such conversion shall be made under the seal of the said commissioners, and registered in the registry of the diocese in which the parish shall be locally situate, and enrolled in the High Court of Chancery, and duplicate thereof shall be lodged in the chest of the original parish church, and in the church or chapel of the separate and distinct or district parish. XVII. Where marriages are allowed to be celebrated in district chapelries, the banns of marriage shall be published in the chapels of the districts. XVHI. And be it further enacted, that all Acts of ah Acta . . relating to Parliament, laws, and customs relating to publishing publishing banns of marriage, and to marriages, christenings, church- marriage ings, and burials, and the registering thereof, and to all marriages, ecclesiastical fees, oblations, or offerings, shall apply to all appiyto extra-parochial places, and to all divisions and districts of and'chapcis any extra-parochial places, in and for which anv churches ofextra- J r c m ' _ J parochial or chapels shall be built or appropriated, under the pro- places ana visions of the said recited Acts or this Act, and to the churches and chapels thereof, and to the ecclesiastical persons having the cure of souls therein, or serving the same, in like manner in every respect as if the same respectively had been ancient, separate, and distinct parishes and parish churches by law, to all intents and purposes. XIX. When banns may be published and marriages cele- brated in an g churches and chapels the bishop of the diocese to certify the same. — Marriages not to be invalid for ivant of such certificate, if had in the churches authorized by the Acts. 356 Church Building Act, 1822. Sect. 20. XX. All chapels belonging to parishes, with or without districts assigned, to be repaired bg the parishioners at large, in the same manner as the church of the parish. XXH. Commissioners mag apportion glebe, tithes, dc, or make permanent charge thereon, for benefit of persons serving any cliapel in the parish. XXIII. Commissioners mag, with consent of owners, transfer pew rights from existing churches to new churches, dc. of divisions, for the purpose of making free seats. — No greater right to be given on the transfer of pews. XXIV. Regulation as to letting of pews. XXV. For avoidance of pew leases. Parishes XXVI. And be it further enacted, that it shall be may. with .. , , consent of lawful for the said commissioners to authorize and sioners, empower any parish, chapelry, township, or extra- bny C acidi^ n parochial place which shall be desirous of procuring a pounds'!™ 1 burial ground, or adding to any existing church or chapel yard or eemetery, to procure and purchase any such land or ground as may in the opinion of the commissioners be sufficient and properly situated for a church or chapel yard or burial ground, or as an addition to any existing church or chapel yard or cemetery, (whether such land or ground shall be situated within the parish or place for the use of which the same shall be intended,) and to make, raise, levy, and collect rates for purchase thereof, or for the repayment, with interest, of any money borrowed for the making such purchase, at such times and in such proportions as shall be agreed upon with the person or persons advancing any such money, and approved of by the said commissioners ; and the churchwardens or chapel- wardens, or persons authorized under the said recited Acts to make rates for any of the purposes of the said 3 Geo. 4, c. 72. 357 recited Acts, of any such parish, chapelry, township, or Sect. 26. extra-parochial place, may and shall in every such case use and exercise all the powers and authorities in the said recited Acts for the purpose of making and com- pleting such purchases, and also all the powers and authorities in the said recited Acts specified as to making, raising, and levying any rates for any of the purposes of the said recited Acts ; and when any such land or ground so purchased shall be situate out of the bounds of the parish or place for which the same is intended, the same shall after consecration become and be deemed part of such parish or place, anything in any Act, law, or custom to the contrary notwithstanding. A resolution passed at a vestry meeting convened for the purpose of expressing to the commissioners the desire of the parish to acquire additional land for enlarging the churchyard, but which resolution had been passed by a majority of the meeting, when a poll, which had been demanded by the dissentient minority, was refused, was held not to legally express the desire of the parish ; and the order of the commissioners founded thereon, and all that had been done under that order, was illegal and void. (Wliite, v. Steele, 12 C. B. (n.s.) 383 ; 8 Jur. (n.s.) 1177 ; 31 L. J. C. P. 265; 6 L. T. (n.s.) 686.) XXVIII. And whereas by the said recited Act of the c ; railts > in - J t # struments. fiftv-ninth year aforesaid the commissioners for managing contracts, J . J ° ° or bonds the duties upon stamped vellum, parchment, and paper not to be are authorized to allow the full amount of stamp duties stamp duty. upon instruments made in relation to the said recited Acts, and it is expedient to make other provisions in relation to such stamp duties : Be it therefore enacted, that no deed of gift, or grant, security, contract, agreement, deed, or conveyance, or other instrument, made for any of the purposes in the said recited Acts mentioned, or for any other of the purposes or under any of the provisions in the said recited Acts or either of them, or of this Act, or for the carrying into execution any of the powers, authorities, regulations, purposes, or provisions thereof, 358 ( hurch Building Act, 1822. Sect. 28. or therein mentioned respectively, shall be subject to any of the duties upon stamped vellum, parchment, or paper ; anything in any Act or Acts of Parliament to the contrary notwithstanding. Titles to XXIX. And be it further enacted, that from and after ~ues not to beques- the expiration of five years after the transfer or convey - tioned after „ . , , , , five years, ance of any messuages, lands, grounds, tenements, or hereditaments to the said commissioners, or to any person or persons, for the use of any parish or place, as a site for any church or chapel, or any church or chapel yard or cemetery, whether such transfer or conveyance shall have been by gift or grant, or upon or in pursuance of any sale or purchase under the provisions of the said recited Acts or this Act, although no church or chapel shall have been before the expiration of the said five years erected or built and consecrated upon such site, the said messuages, lands, grounds, tenements, or hereditaments shall become and be and remain absolutely vested in such commissioners, or the person or persons to whom the same was conveyed, for the purposes of the said Acts and this Act, free from all demands or claims of any body politic or corporate or person or persons whatever, and without being thereafter subject to any question as to any right, title, or claim thereto, or in any manner affecting the same. ***** XXXI. Appointment of ecclesiastical persons to serve new churches or chapels built by aid from commisnioners in certain cases to belong to the diocesan. Commis- XXXII. And whereas doubts have arisen whether the sionera may, • n . • j r under any commissioners are empowered to use, exercise, and enforce camstances certain of the provisions of the said recited Acts and this cordcdTn ^-^ ^ a ^ °^ ^ ne P ar i sncs and places in certain cases not their pro- within the limitations of the said recited Acts, with respect ceedin^s, r apply their to the population or extent of such parishes or places, or which may not come within any of the regulations of the 3 Geo. 4, c. 72. 359 said recited Acts or this Act, in respect of any advances Sect. 32. or loans in aid of such parishes, or in which parishes or powers in places cannot comply with the regulations and restrictions parishes for contained in the said recited Acts or this Act : Be it there- }!™j l '^'.' g fore declared and enacted, that it shall be lawful for the said commissioners, in any case in which they shall, under the special circumstances of any parish or place which shall not be within any of the provisions of the said recited Acts or this Act, deem it expedient, and they are hereby authorized and empowered, to use, exercise, and put in execution all or any of the provisions of the said recited Acts or this Act relating to the procuring or taking of any land or ground for the purpose of procuring for any such parish or place, or of aiding in the procuring for any such parish or place, any land or ground for any of the purposes of the said recited Acts or this Act, or for the purpose of carrying into execution any of the provi- sions of the said recited Acts or this Act with respect to the division or consolidation of any parish or district : Provided nevertheless, that the commissioners shall in every such case enter in their proceedings the nature of the special grounds and circumstances under which they shall deem it expedient so to act. XXXIII. And whereas doubts have arisen and may ^doubts" arise as to grants made bv the said commissioners, in astotho c ° J powers of cases in which trusts have been created by Acts of Parlia- the com- ..... , missioners ment or otherwise, in relation to the churches or chapels in relation for which such grants have been or may be made, and grants' whether the making such grants may, under the provi- sions of the said recited Acts and this Act, interfere with such trusts : For remedy and prevention whereof, be it therefore declared and enacted, that it shall be lawful for the said commissioners to make any grant or grants in relation, or confirm any grant or grants heretofore made for any church or chapel in relation to which any trusts have been created by any Act or Acts of Parliament, or any deed or deeds, or instrument of consecration, which 3G0 Church Building Act, 1822. Sect. 33. may not in all respects concur with the provisions of the said recited Acts or this Act, and to declare at the time of making or confirming any such grant that any such trusts shall notwithstanding remain and continue in full force : Provided always, that the commissioners shall, in any such case, enter in then proceedings the special grounds upon which every such grant has been made and con- firmed ; and in every such case such trusts shall remain and continue in full force ; anything in the said recited Acts or this Act, or in the said trusts and regulations, to the contrary notwithstanding. Commis- XXXI Y. And be it further enacted, that in every case re-conyey " in which any grant shall have been or shall be made of for purposes any land or ground, for any of the purposes of the said au.i'nof "' recited Acts or this Act, as a gift, or without any pecuniary giantor.^ 1 ' consideration being paid for the same, and in whieh the or their commissioners shall determine not to apply such land or neir.- or - A J successors. g r0 und to any of the purposes of the said recited Acts or this Act, it shall be lawful for the said commissioners, and they are hereby authorized and empowered, to exchange any such land or ground for any other land or ground which may, in the judgment of the said com- missioners, be more eligible for the purpose for which the same was given ; or with the consent of the grantor or grantors thereof, or their heirs or successors, to apply such land or ground to any other ecclesiastical purposes, either as glebe or otherwise, for the use of the incumbent of the parish or place, or for the purpose of any parochial or charitable school, or any other charitable or public purpose relating to any such parish or place ; or to re- any receiving convey, without requiring, taking, or pecuniary consideration for such re-conveyance, any such land or ground, or any part thereof, in case only a part of any such land or ground shall have been applied to the purposes of the said recited Acts or this Act, to the grantor or grantors thereof, or their hens or successors ; 3 Geo. 4, c. 72. 361 anything in the said recited Acts or this Act to the Sect. 34. contrary notwithstanding. XXXV. Provided always, and be it further enacted, Tllis Ac * . J ' ' not to affect that nothing in this Act contained shall extend or be the powers of Acts construed to extend to repeal or alter, vary, or affect any relating to powers, authorities, clauses, or provisions contained in ticular any Act or Acts of Parliament passed in the last session of pai Parliament, or which may be passed in this present session of Parliament, relating to any particular parish or place, or to authorize and empower the commissioners under the said recited Acts or this Act to make or enforce any order, direction, or regulation under the provisions of the said recited Acts or this Act, so as to alter or affect any such powers or authorities as aforesaid, or otherwise contrary to any clause or provision contained in any such Act or Acts of Parliament relating to any particular parish or place ; and that all the powers, authorities, clauses, regulations, and provisions in such local Acts contained shall remain in full force, and be used, enforced, and applied in the same manner and by the same persons as if this Act had not passed ; anything in this Act to the contrary notwithstanding. XXXVI. Provided always, and be it further enacted £° wers ° f J ' _ bishops, &c, and declared, that neither this Act nor the said recited nott ?. be Acts, nor anything therein or herein contained, nor any act, matter, or thing done by or under the authority of the same, or of the commissioners under the said recited Acts or this Act, shall extend to invalidate or avoid any ecclesiastical law or constitution of the Church of England, or to destroy any of the rights or powers belonging to any bishop of any diocese, or any arch- deacon, chancellor, or official. XXXVH. And be it further enacted and declared, that *E*J2g l At 1 tin' every bishop of any diocese, and every archdeacon, B 362 Church Buildiiu/ Jet, 1822. Sect. 37. chancellor, and official respectively, may at all times ecciesias- hereafter, visit, institute, and exercise ecclesiastical juris- [urisdiction diction in all the parishes to be erected or divided by virtue or in pursuance of this Act, and in every division or district into which any parish may be divided under the provisions of the said recited Acts or this Act, and in relation to every church and chapel within the same, as amply as they or any of them may do now therein, and in such manner as in any other parishes or places within his or their dioceses or jurisdictions respectively. 5 Geo. 4. c. 103 303 5 GEO. 4, Cap. 103. An Act to make further Provision, and to amend and render more effectual Three Acts, passed in the Fifty- eighth and Fifty-ninth Years of His late Majesty, and in the Third Year of His present Majesty , for building and promoting the building of additional Churches in, populous Parishes. [24th June, 1824.] Whereas an Act passed in the fifty-eighth year of the reign of His late Majesty, intituled An Act for building 58 Geo. 3, and promoting the building of additional Churclies in populous Parishes: And whereas another Act passed in the fifty-ninth year of the reign of His late Majesty, intituled A.)i Act to amend and render more effectual an 59 Geo. 3, c. 134. Act passed in the last Session of Parliament, for building and promoting the building of additional Churches in populous Parishes : And whereas another Act passed in the third year of the reign of His present Majesty, intituled An Act to amend and render more effectual Two Acts, passed 3 Goo. 4, in the Fifty-eighth and Fifty-ninth Years of His late Majesty, for building and promoting the building of addi- tional Churches in populous Parishes : And whereas the sums issued and applied under the provisions of the said recited Acts have been found inadequate ; and it is there- fore expedient that a further sum should be issued for the purposes of the said Acts, and that further and additional provisions should be made for rendering the said recited Acts more effectual : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty, by and with the advice and con- sent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the autho- rity of the same . . . * * # * * R 2 364 Church Building Act, 1824. Sect. 5. Bishops may consent to the building of addi- tional churches or chapels, or io the pur- chase of buildings for that purpose, upon appli- cation aud certificate of twelve or more house- holders that there Is not accommo- dation for more than one-fourth of the inha- bitants of the parish, at the expense of such per- sons or others willing to subscribe thereto. V. And whereas in many parishes and extra-parochial places in which the churches and chapels are inadequate to the accommodation of one-fourth of the parishioners, and to which sums may not be granted under the pro- visions of this or any other former Act for building additional churches or chapels, or in which the additional churches or chapels for which sums may have been or may be granted may not afford accommodation for one- fourth of the inhabitants of such parish, chapelry, town- ship, or extra-parochial place, there may be persons belonging to the Church of England who may be desirous of building or purchasing churches or chapels for the per- formance of divine service according to the rites of the Church of England : And whereas it is highly desirable that every facility should be afforded for the execution of so laudable a purpose : Be it therefore enacted, that whenever any twelve or more substantial householders of any parish, township, or extra-parochial place shall certify in writing to the bishop of the diocese within which such parish, chapelry, township, or extra-parochial place shall be situate, that there is not accommodation for more than one-fourth of the inhabitants thereof for the attendance upon divine service according to the rites of the Church of England, and that they or some of them, either by them- selves or with the assistance of other persons belonging to the Church of England, are desirous of raising by private subscription such sum as may be necessary for building or purchasing a church or chapel, or any building or buildings to be used as a church or chapel for the per- formance of the said service, and to provide out of pew rents of such church or chapel a competent stipend for the spiritual person who may officiate therein, and for a clerk thereof, and for all other expenses incident to the performance of divine service, and for maintaining the said cburch or chapel, and the said bishop shall be satisfied of the several particulars contained in such application, it shall be lawful for' such bishop, if he sball think fit, to signify his consent to the building or purchasing such 5 Geo. 4, c. 103. 365 church or chapel, as the case may be, according to such Sect. 5. plan, and upon such site as shall be submitted to and approved by him for that purpose. A cemetery may be acquired with the church or chapel. See sects. 14, 15. VI. And be it further enacted, that the several and 5g*gK!™ respective persons proposing to build or purchase any S^^f f 0r such church or chapel, or any such building as aforesaid, the manage- 1 ' . J ° meat of the and their assigns, respectively subscribing for that purpose church or sums of not less than fifty pounds each, shall elect three nomi nation trustees from amongst themselves, for the management period of and general regulations of the temporal affairs of such per/onto" 3 church and chapel, and for the nomination to the bishop, servc lt - for a limited period, of a spiritual person to serve the same ; and such trustees shall be called life trustees of such church or chapel, and shall continue such trustees so long as any spiritual person nominated by them under the provisions of this Act shall serve such church or chapel. VIL And be it further enacted, that in case any of the Upon death J or resigna- persons first appointed life trustees of any such church or tion of life trustees chapel, shall during the period above mentioned happen new one's to die, or shall signify to the other life trustees his resig- chosen to nation of such trust, it shall be lawful for the majority of vacancy. e the persons who have subscribed towards the building or purchasing such church or chapel sums not less than fifty pounds each, and being owners or renters of pews in the same, who shall be present at any meeting to be called for that purpose, and which meeting any one or more of such trustees are hereby authorized and required to call and appoint, upon fourteen days' notice at the least being affixed to the door of such church or chapel, upon the two Sundays next preceding the day on which such meeting is intended to be held, from time to time to nominate and appoint, by writing under their hands, any other person having subscribed a sum not less than fifty pounds, and 366 Church Building Act, 1824. Sect. 7. being an owner or renter of a pew in such church or chapel, and a member of the Church of England, a life trustee in the place of the life trustee so dying or resigning; and every such new life trustee shall in every respect be vested with such and the like powers and authorities, to all intents and purposes, as the person to whose place he may be nominated and appointed as aforesaid. bribers do VIII. And be it further enacted, that if the number of not exceed persons subscribing to build or purchase such church or arc to be chapel shall not exceed three, such person or persons r 3 370 Church Building Act, 1824. Sect. 15. or burial ground thereto ; and such life trustees or church - the re- wardens respectively are hereby empowered and required shaU form a to pay to the incumbent of the parish such dues or sums supplying as Sljcn incumbent would be entitled to and have, of vaults deflraenaes or burial places of a like description in the church of the m minister 8 * r salary, and parish, and shall, after making such payments, invest or lay out the remainder of the monies thence arising in some public funds, stocks, or securities, from time to time, and also from time to time in like manner to lay out the interest, dividends or proceeds of such public funds, stocks, or securities, or such part thereof as shall not be applied under the provisions of this Act, in like funds, stocks, or public securities ; and such life trustees or churchwardens shall, out of such interest, dividends, or proceeds, from time to time make good any deficiencies, if any shall arise, in the payment of the stipends or salaries of the minister or clerk of the church or chapel, or any other payments or incidental expenses to be paid from the produce of the rents of pews or seats, by reason of the rents of pews not being adequate to the payment of such stipends, salaries, or expenses ; and in the next place shall apply such interest, dividends, and proceeds in the maintaining, sup- Application porting, and repairing the church or chapel : Provided income. US always, that if by reason of any such funds, or if the produce of pew rents being more than sufficient for all the purposes to which the same are made applicable under the provisions of this Act, there shall be a surplus of annual income,, then and in any such case such surplus shall be applied in subsequent years to the purposes to which pew rents are applicable ; and the pew rents shall in every such case be reduced rateably and in equal pro- portions, or a larger number of free seats shall be opened, as the bishop of the diocese shall order and direct. Such XVI. And be it further enacted, tbat it shall be lawful churches or . . chapels may for the said commissioners, with consent of a majority of be made the subscribers entitled to elect the trustees of any such fl 1 S t T* i o t churches, church or chapel, and of the bishop, and of the patron 5 Geo. 4, c. 103. 371 and incumbent, to make any such church or chapel a Sect. 16. district church or chapel, under the provisions of the said recited Acts and this Act. XVII. And be it further enacted, that at the expiration JJ^jgljSrt of the forty years all such churches and chapels shall years to J J . • i i become dis- become in all respects district churches, without any trict _.._. . . diuretics consent being obtained for that purpose, if His Majesty in without Council shall have made a division of the parish or extra- ^^ S h a u parochial place for that purpose, in manner directed by di^edfiw the said recited Acts, or shall remain parochial chapels if t^'pur- no such division and appropriation of any such churches i 30ses - or chapels to a district shall have been made. XVHI. And be it further enacted, that all the powers, S^aL, authorities, provisions, regulations, clauses, penalties, and forrecovery forfeitures in the said recited Acts or any or either of them minister . , . and pew contained, for the securing, recovering, and paying the rents, to salaries of spiritual persons, and for the recovery of pew churches rents, and all regulations as to the number or proportions buiitby of free seats in churches or chapels built or purchased tloiT&c." wholly or in part with money advanced by the commis- sioners under the provisions of the said recited Acts, shall extend and be in full force, and be applied in all cases of any such churches or chapels as aforesaid, being built or purchased by subscription or by rates under, the pro- visions of this Act, as fully and effectually, to all intents and purposes, as if the same and each and every of them were severally and separately re-enacted and repeated in this Act. 372 Church Building Act, 1827. 7 & 8 GEO. 4, Cap. 72. An Act to amend the Acts for building mid promoting the building of additional Churches in populous Parishes. [2nd July, 1827.] Whekeas an Act was passed in the fifty- eighth year of the reign of His late Majesty King George the Third, intituled 58 Geo. 3, £ n j± c t j or budding and promoting the building of additional Churches in populous Parishes, whereby it was enacted, that it should be lawful for His Majesty, by letters patent, to appoint such persons as His Majesty should deem fit, to be his commissioners for carrying into execution the purposes of the said Act, and that the said commission should continue in force for the term of ten years from the date thereof, unless His Majesty should 59 Geo. 3, think fit sooner to revoke the same : And whereas another c. 134. Act was passed in the fifty-ninth year of the reign of His late Majesty King George the Third, for the purpose of amending and rendering more effectual the said Act, whereby it was enacted, that it should be lawful for His Majesty, his heirs and successors, when and so often as any vacancy should arise of any of the commissioners appointed under the provisions of the said recited Act, or the Act now in recital, to supply any such vacancy or vacancies, by the appointment of any other person or persons, and also from time to time to appoint additional commissioners, who, together with the persons before appointed, should be the commissioners for carrying into execution the purposes of the said Act and the Act now reciting ; and the commissioners so appointed by His Majesty were thereby declared to be a body corporate, by the style of "His Majesty's Commissioners for building 3 Geo. 4, New Churches," and should have a common seal: And c- 72- whereas another Act was passed in the third year of His present Majesty, for the purpose of amending and render- 7 <6 8 Geo. 4, c. 72. 373 ing more effectual the said two Acts so passed as afore- Sect. 1. said : And whereas another Act was passed in the fifth 5 a eo , 4 , year of the reign of His present Majesty, for amending c - 103, and rendering more effectual the said three Acts so passed as aforesaid : And whereas commissioners for the purpose of carrying into effect the aforesaid Acts have been duly appointed, and they have proceeded in the execution of the powers so vested in them : And whereas it is expe- dient that the time for the execution of the commission granted by His Majesty in pursuance of the said Acts, and which is limited to the term of ten years by the said first- mentioned Act, should be extended, and that the powers contained in the aforesaid Acts should be altered and enlarged : Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same . II. . . . That it shall be lawful for the said com- Commis- . sioners may missioners to divide any parish or extra-parochial place divide into such ecclesiastical districts in manner provided by the under ce'r- said Act passed in the fifty-eighth year of the reign of His tions> s late Majesty King George the Third ; and if there shall not be any burial ground within such district, then and in every such case, until a burial ground shall be provided, the bodies of persons dying within such district may be interred in the cemetery of the parish church, in all respects as if such division had not taken place. ***** 374 Church Building Act, 1831. 1 & 2 WILL. 4, Cap. 38. An Act to amend and render more effectual an Act passed in the seventh and eighth years of the reign of His late Majesty, intituled An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes. [15th October, 1831.] Whereas an Act was passed in the fifty-eighth year of the reign of His Majesty King George the Third, intituled 58 Geo. £, An Act for building and promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the fifty-ninth year of the reign 59 6eo.3, of His Majesty King George the Third, intituled An Act to amend and render more effectual an Act passed in the last session of Parliament, for building and promoting the build- ing of additional Churches in populous Parishes : And whereas another Act was passed in the third year of the reign of His late Majesty King George the Fourth, intituled 3 Geo. 4, An Act to amend and render more effectual two Acts, passed in the jijt ij eighth and fifty -ninth years of His late Majesty, for building and promoting the building of additional Churches in populous Parishes : And whereas another Act was passed in the fifth year of the reign of His late 6 (.co. 4, Majesty King George the Fourth, intituled An Act to make further provision, and to amend and render more effectual three Acts passed in the fifty -eighth and fifty -ninth years of His late Majesty and in the third year of His present Majesty, for building and 'promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the seventh and eighth years t a-sgco.4, of the reign of His late Majesty, intituled An Act to amend the Acts for building and promoting the building of additional Churches in populous parishes: And whereas by 1 £ 2 Will, 4, c. 38. 375 the said recited Act passed in the fifth year of the reign Sect. 1. of His late Majesty it was amongst other things enacted, that with a view to afford facility to the erection of churches and chapels it should be lawful for certain persons building or purchasing the same, and endowing them with pew rents, to nominate for forty years spiritual persons to serve such churches or chapels respectively, subject to the consent of the bishop of the diocese, and to certain regulations therein provided : And whereas by the said recited Act passed in the seventh and eighth years of the reign of His late Majesty further encouragement was given to the same object by authorizing His Majesty's commissioners for building new churches to declare that any person or persons building a chapel, and endowing the same, to the satisfaction of the said commissioners, with some permanent provision in land or monies in the funds, should have the perpetual right of nominating the minister to serve the same : And whereas the said pro- visions of the said last-recited Act have been found insufficient for such their purposes, and require amend- ment, in order to provide more effectually for the improved pastoral superintendence of His Majesty's subjects : Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same . . II. And be it enacted, that in all parishes and extra- tnpartehes ' _ _* where the parochial places the population of which, according to the population r * * \ , amounts to returns then last made in pursuance of any Act or Acts of 2.000 and . _ , . the churches Parliament, shall amount to two thousand persons, and in do not which the existing churches or chapels do not afford c \>mmo'ua- accommodation for more than one-third of the inhabitants wh "re r 300 for the attendance upon divine service according to the l l .''T i ~il''more rites of the United Church of England and Ireland, and than two J miles from also in all parishes and extra-parochial places in which the church, , , » i f any per- three hundred persons, whatever may be the amount of son shall . . 7 , „ declare his the whole population, shall be resident upwards of two intention 3376 Church Building Act, 1831. Sect. 2. miles from any such existing church or chapel and within of building one mile of the site upon which a new church or chapel is ing 1 a ndow " proposed to be erected under the provisions of this Act, chapel* ° r ani ^ w h ere anv person or persons belonging to the Church according f England shall declare his, her, or their intention of to the con- m J ' ' ditions building a church or chapel, or of purchasing any building mentioned, fit in all respects to be used as a church or chapel for the the bishop P „ ,. . . „ . , , may declare performance oi divine service as aioresaid, or where a nominating church or chapel has already been built on the faith of the such person s& ^ recited Act of the seventh and eighth years of the trustees reign of King George the Fourtb, in such a situation within the said parish or place as shall be adapted to the convenience of that part of the inhabitants for whom such additional accommodation is necessary, and where such person or persons shall declare their intention of providing a sum of one thousand pounds at the least by way of endowment for such church or chapel, to be secured upon lands or money in the funds, in addition to the pew rents and profits arising from the said church or chapel, in case any such rents shall be taken, and shall also declare his, her, or their intention of providing a fund for the repairs of the said church or chapel, in manner following, (namely,) one sum, equal in amount to five pounds upon every one hundred pounds of the original cost of erecting and fitting up or of purchasing such chapel or building, to be secured upon lands or money in the funds as aforesaid, and also a further sum to be reserved annually out of the pew rents of the said church or chapel, after the rate of five pounds for every one hundred pounds of the sum so to be provided as last aforesaid, and also if such person or persons shall further declare his, her, or their intention of setting apart or appropriating one-third at least of the sittings in such church or chapel to be and continue for ever as free sittings, it shall be lawful for the bishop of the diocese in which such parish or extra-parochial place is locally situate, if he shall see fit, and he is hereby authorized, to declare by writing under his hand and seal that the right of nominating a minister to such church or 1 d 2 Will. 4, c. 38. 377 chapel, when so built or purchased and endowed as afore- Sect. 2. said, and when the conditions hereinbefore mentioned shall have been performed, shall for ever thereafter be in the person or persons so building or purchasing and endowing the same, his, her, or their heirs and assigns, or in such trustee or trustees, being members of the United Church of England and Ireland, as he, she, or they shall appoint, and in such future trustee or trustees, being members of the United Church of England and Ireland, as shall from time to time be nominated by writing under the hand or hands of the trustees or trustee for the time being of the said church or chapel, or the major part of them, or chosen in such manner as may in the first instance be agreed upon by the persons building and endowing such church or chapel, or the major part of them, and the bishop of the diocese, in writing under their hands and seals, in the place and stead of any one or more who shall from time to time die, resign, or become incapable of acting, or in such ecclesiastical person or body corporate, and his or their successors, as the persons so applying shall at the time of application to the bishop nominate and appoint : Provided always, that if it should ^f r s | ° f f happen that all the trustees of the said church or chapel appoint. . . . . . . merit of for the time being should die without having appointed trustees. any other trustee or trustees as their successors, then and in such case it shall be lawful for the incumbent for the time being of the said church or chapel, with consent of the bishop of the diocese, to appoint a requisite number of trustees to supply the vacancies ; and provided also, that Limiting rl J L the patron- the patronage of any such church or chapel shall not at age in any time be vested in or held in trust by more than five persons, except in cases where such patronage shall pass by descent to coparceners, or by the custom of gavelkind to more than five, or shall be conveyed by will or deed to more than five children, grandchildren, nephews, or nieces of the grantor or devisor: Provided also, that no church New church or chapel built for the accommodation of three hundred within two persons resident upwards of two miles from the existing " 378 Church Building Act, 1831. Sect. 2. parochial church or chapel shall he placed nearer than two existing miles from such existing church or chapel. church, III. Previous to nomination, a certificate of the facts to l>e produced to the bishop. IV. Pens may be let, V. In all other cases where a church or chapel has been built and endowed to the satisfaction of the commissioners, they may, with the consent of the bishop, declare the right of nominating to be in the j)erson so building and endowing. — Limitation as to the number of p>ersotu in whom the patron- age shall vest. YI. Application required to be made to commissioners previous to their declaring the right of nomination. — Copies of such application to be sent to the patron and incumbent of the parish. VII. Persons intending to build and cndoiv to give notice to the patron and incumbent, stating particulars. — If the patron within two months after such notice shall hind lam- self to build and endow to the satisfaction of the bishop of the diocese, he shall be preferred. VIII. Preference to be given to enlargement of churches in certain cases. IX. As soon as churches or chapels are finished and con- secrated, the right of nomination to be vested in the persons building and endowing. X. And be it further enacted, that the said commis- sioners, with consent of the bishop of the diocese in all such cases as shall come before them, and the bishop of the diocese alone in all such other cases as are herein- before mentioned, and also with the consent of the patron and incumbent in all other cases in which additional churches or chapels shall have been already built and Commis- sioners or bishop maj a-si r -m a district, to every church and determine the offices io i>r> per- formed therein. 1 & 2 Will. 4, c. 38. 37!) endowed, shall, with all convenient speed, proceed to Sect. 10. assign a particular district to every such church or chapel, except where from special circumstances they shall deem it not advisable to assign a district, and such district shall be under the immediate care of the minister who shall have been duly licensed to serve such church or chapel, so far only as regards the visitation of the sick and other pastoral duties, and shall not be deemed a district for any other purpose whatsoever : Provided always, that it shall be lawful for the said commissioners, with the consent of the bishop of the diocese, in all such cases as shall come before the said commissioners, and for the said bishop alone in all other cases, to determine whether baptisms, churchings, or burials shall be solemnized or performed in any such church or chapel, or not ; and the said commis- Boundaries sioners or bishop respectively, as the case may be, shall tricttobe cause a description of the boundaries of the district reglstere3' 4, Fourth, intituled An Act to make further Provision, and to amend anil render more effectual three Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty, and in the third year of the reign of His present Majesty, for building and promoting the building of additional Churches in populous Parishes : And whereas another Act was passed in the seventh and eighth years of the reign of 7 & 8 Geo. 4, Hi s Majesty King George the Fourth, intituled An Act to amend the Acts for building and promoting the building of additional Churches in populous Parishes: And whereas another Act was passed in the first and second years of the reign of His late Majesty King William the Fourth, l & 2 Win. 4, intituled An Act to amend and render more effectual an Act passed, in the seventh and eighth years of the reign of His 1 rf 2 Vict. c. 107. 389 late Majesty, intituled " An Act to amend the Acts for Sect. 1. building and promoting the building of additional Churches in populous Parishes :" And whereas another Act was passed in the second and third years of the reign of His 2i r :; wm - 4 - said late Majesty, to render more effectual the aforesaid Act passed in the fifty-ninth year of the reign of His Majesty King George the Third : And whereas another Act was passed in the first year of the reign of Her present Majesty Queen Victoria, intituled An Act to 1 VicC - r - " 5 - prolong for ten years Her Majesty's Commission for building nor Churches: And whereas it is expedient to explain, amend, and render more effectual some of the provisions of the said several recited Acts : Be it there- fore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, . . . II. ... That where notices by the said last-recited Certain . , -Tii ,j -, ,-, i notices may Act are required to be sent to or served upon the patron be served and incumbent a notice to the patron alone shall be suffi- aion'"' "" cient in those cases where, at the time such notices are mcumbent! required to be sent or served as aforesaid, there shall be no incumbent of the parish in which such church or chapel is built or proposed to be built and endowed under such last-recited Act or this Act, and where such parish shall have remained without an incumbent for the space of twelve months. VI. And be it further enacted, that all grants, con- Fon » oi ° grantor veyances, and assui'ances of any site for any church or conveyance chapel, or any churchyard, under the provisions of the to churches said last-mentioned Act or this Act, in respect of any under i& I messuages, buildings, lands, grounds, tenements, or Wlll - 4 > c - 38 - hereditaments, whether belonging to Her Majesty, as part 390 Church Building Act, 1838. Sect. 6. of the Duchy of Cornwall or of the Duchy of Lancaster, or otherwise, or to any body or persons whatever, may and shall be made according to the form following, or in such other form as the case may require, or as near thereto as the circumstances of the case will admit ; videlicet, "I [or we, or the corporate title, if a corporation], under the authority of an Act passed in the first year of the reign of Her present Majesty, intituled ' An Act to amend and render more effectual the Church Building Acts,' do hereby freely and voluntarily give to Her Majesty's Commissioners for Building New Churches [or to ] , [as the case may require] , and by these presents, freely and voluntarily, and without any valuable consideration, [if the lands, et cetera, are conveyed for a valuable consideration leave out the words in italics, and insert ' do for and in consideration of the sum of to me, or us, or the paid,'] hereby, under the authority of the said recited Act, grant, convey, and release to the said all [describing the premises to be conveyed] , and all [my, or our, or the] right, title, and interest of [if a corporation] to and in the same and every part thereof, to hold to the said and their successors for the purposes of the said Act, and to be devoted, when consecrated, to ecclesiastical purposes for ever, by virtue and according to the true intent and meaning of the before-mentioned Act. La witness, et cetera." And all such conveyances and assurances shall be valid and effectual in the law to all intents and purposes, and shall be a complete bar to all estates tail and other estates, right, titles, trusts, interests, and incumbrances what- soever. " The last-mentioned Act " is 1 & 2 Will. 4, c. 38. To remove VII. And whereas it is by the said recited Act passed the meaning in the first and second years of His late Majesty King and extent WiUiam the F our th, amongst other things, enacted, that Id 2 Vict. c. 107. 391 in certain parishes of large extent, where there exist Sect. 7. chapels of ease at a considerable distance from the parish of the 23rd church, having chapelries, townships, or districts belong- tho Act ing or supposed to belong thereto, when any person or c^f Ul11,4 ' persons should be willing to endow any such chapel with such a provision secured upon land, money in the funds, tithes, or other hereditaments as should in the opinion of the bishop of the diocese be sufficient to ensure a com- petent stipend to the minister of such chapel, it should be lawful for the bishop, with certain consents therein mentioned, to declare that such chapel, when so endowed, should thenceforth be separate from and independent of the parish church, and that the chapelry, township, or district belonging or supposed to belong thereto should be thenceforth a separate and distinct parish for all spiritual purposes ; and that it should be lawful for the patron, with the consent of the incumbent, to make any agree- ment with the bishop of the diocese touching the future right of nomination to such chapel, such agreement to take effect in the manner therein mentioned : And whereas doubts may arise as to the extent and meaning of such provisions : Be it therefore enacted, that such provisions shall extend to any churches or chapels, with chapelries, townships, or districts as aforesaid, whether the same were or shall be erected and consecrated before or after the passing of the said last-mentioned Act. VIII. And whereas doubts are entertained whether L ™ A P arce j of Duchy of since tbe Duchy of Cornwall became vested in Her Majesty Cornwall i-ii • i may bo any lands, grounds, tenements, or hereditaments, parcel conveyed of the said Duchy, can be granted, conveyed, or enfran- of recited chised under the provisions of the hereinbefore-recited Acts for the purposes thereof: Be it therefore enacted, that it shall be lawful for any three or more of the officers of the said duchy, who by virtue of their several offices are or shall be concerned in the general superintendence and management of the revenue and affairs of the said duchy, and duly authorized by Her Majesty and her 392 Church Building Act, 1838. Sect. 8. Extending powers, &.C., given by 58 Geo. 3, c. 45, as to conveying lands. Commis- sioners may assign a district to churches and chapels in certain cases. successors during the time that the Duchy of Cornwall is not held separately from the Crown, by any deed or instrument under their hands and seals in the form pre- scribed by the said recited Act of the third year of His late Majesty King George the Fourth, or as near thereto as circumstances will permit, to grant, convey, or enfran- chise lands, grounds, tenements, or hereditaments for any such purposes of the said recited Acts, or any or either of them, as are in the said Acts or any or either of them specified in relation to grants to be made by public departments under the said recited Acts. IX. And be it enacted, that all the powers and autho- rities given and conferred by the said Act passed in the fifty-eighth year of His Majesty King George the Third, intituled An Act for the building and promoting the build- ing of additional Churches in populous Parishes, for enabling the bodies politic and persons therein mentioned to convey, and the commissioners to take, land for the sites of churches and chapels, shall extend to the transfer, by sale or exchange only, of land for a site for a house of residence of any incumbent, provided the same do not exceed five acres. X. And be it enacted, that in all cases where a church or chapel has been or shall be hereafter built by subscrip- tion, and endowed and subsequently augmented by a grant from Queen Anne's bounty, and where the patronage of such church or chapel shall have been acquired under any of the Acts passed for regulating the distribution of such bounty, it shall be lawful for the said commissioners, with the consent of the said bishop and the patron and incumbent of the parish, district parish, or district parish in which the said church or chapel may be, to assign a district to such church or chapel, and make the same a district parish, and that the patronage of such church or chapel shall not be affected thereby. IS 2 Vict. c. 107. 3!J3 XII. And whereas by the said recited Act passed in the Sect. 12. fifty-eighth year of the reign of His late Majesty King An/parish George the Third it was enacted, that it should be lawful ™ ai ?o X c t jJ]! 1 ~ I for His Majesty in Council, if he should judge fit, on a ]jj; l |,' !' 1 ; ( iy ] representation to be made to him by the said comrnis- intod sioners of the expediency of the same, with the consent of parishes or the bishop of the diocese and the patron, to direct, by an chapelrles Order in Council, the division of any parish into two or time^or'ai more distinct and separate parishes, for all ecclesiastical thuesf' purposes whatever : And whereas it was by the said last- recited Act also enacted, that it should be lawful for His Majesty in Council, if he should judge fit, on a representa- tion to be made to him by the said commissioners, with the consent of the bishop of the diocese, in like manner, in any case in which they should be of opinion that it was not expedient to divide any populous parish or extra- parochial place into such complete, separate, and distinct parishes as aforesaid, by an Order in Council to direct the division of the same into ecclesiastical districts : And whereas it may be found expedient to divide off from any parish or extra-parochial place any part or parts thereof, and to form the same, at once or at different times, into a distinct and separate parish or parishes, and into a district parish or district parishes, and district chapelry or chapel- ries, or to make such extra-parochial place, or any part thereof, a district parish : Be it therefore enacted, that it shall be lawful for Her Majesty in Council, where she shall judge fit, on a representation to be made to her by the said commissioners of the expediency of the same, to direct, by an Order in Council, the dividing off from any original parish or extra-parochial place any part or parts thereof, and forming the same into a distinct and separate parish or distinct and separate parishes, or into a district parish or district parishes, either at the same time or at separate times, and to make any extra-parochial place, or any part thereof, a district parish or district chapelry, or a part of such district parish or district chapelry, and also at any time to direct the dividing off any such separate s 3 394 Church Building Act, 1838. Sect. 12. an d distinct parish or district parish so formed into other distinct and separate or district parish or parishes, or district chapelry or chapelries ; provided always, that all such divisions, and all parishes so divided, shall respec- tively be under and subject to the like consents and to the same rules and regulations as are provided in the said recited Acts or this Act with respect to distinct and separate parishes and district parishes and district chapel- ries respectively ; and that the nomination to the chapel of a chapelry district so taken from any distinct and separate parish or district parish as aforesaid shall belong to the incumbent of the distinct and separate parish or district parish out of which such district chapelry shall have been taken, and that the sub-division of a district parish shall not take effect during the time of the existing minister of such district church, without his consent. XIII. Licence of stipendiary curate of district chapelry not to be void by avoidance of parish church, unless revoked by the bishop. XIV. The powers of the Act 1 £ 2 Will. 4, c. 45, extended, with respect to endowments to chapels of consoli- dated chapelries. XV. Surrender of rights of patronage permitted for certain purposes. Sect. 15 of 3 Geo. 4, c. 72, to apply to cases whether the surrenderence be lay or spiritual. XVI. And whereas it may be expedient in certain cases that a church or chapel should be constituted the parish church of the parish in which the same is situate, in the stead of the ancient parish church, and that such ancient parish church should thenceforth become a district church or chapel of ease in such parish : Be it therefore enacted, that it shall be lawful for the said commissioners, with the consent in writing of the bishop of the diocese and of the patron of the said parish church, and with the consent also of the vestry or persons possessing the power of vestry, to order and direct, by instrument under their common seal, that any church or chapel in any parish Commis- sioners, with con- sent of bishop, &c, may make any church or chapel the ] parish church of any parish, and the parish church a district church or chapel of ease. 1^2 Vict. c. 107. 395 shall become and be and remain the parish church of such Sect. 16. parish, in the stead of the ancient parish church ; and the said church or chapel so constituted the parish church shall thenceforth become and be and remain, and be taken in law to be the parish church of such parish, as fully and effectually, for all purposes and in relation to all rights, emoluments, endowments, dues, privileges, and all other matters and things, civil or ecclesiastical, theretofore belonging to the parish church, or patron or lay impro- priator (if any thereof), as if the same had been always the parish church of such parish ; and the said commis- sioners are hereby empowered to authorize and direct the transfer of the endowments, emoluments, or rights of or belonging to the old and existing church of such parish, or to the incumbent for the time being thereof, to any such church or chapel so made and constituted the parish church as aforesaid, and to the incumbent thereof for the time being, and his successors ; and it shall be lawful in every such case for any trustees of any such ancient church as aforesaid, or of any rights, emoluments, and endowments of or belonging to any such church, or to the incumbent thereof for the time being, and they are hereby required (and indemnified for so doing) to transfer all such rights, emoluments, and endow- ments, according to the direction of the said com- missioners, to such church or chapel so constituted the parish church as aforesaid or to the incumbent thereof; and immediately from and after any such transfer as aforesaid all tithes or commutations for tithes, moduses, or other compositions for tithes, and all emoluments, dues, fees, offerings, oblations, and other profits and advantages, and all messuages, glebe and other lands, tenements or hereditaments, rents, sums of money, or real or personal chattels whatsoever, and all rights and privileges whatsoever and wheresoever, wherewith any such ancient church may be endowed, or to which the minister thereof then is or at any time theretofore was or ought to be entitled, shall severally and respectively become and be vested in the minister for the time being 396 Church Building Act, 1838. Sect. 16. of the said church or chapel so made the parish church as aforesaid, and his successors for ever, in as full and ample a manner as the minister of the ancient church might or could have received and enjoyed the same in case such substitution or transfer had not been made ; and every such instrument of substitution and transfer shall be registered in the registry of the diocese, and enrolled in the High Court of Chancery ; and all Acts of Parliament, laws and customs relating to the publishing banns of marriage, and celebration of marriages, christenings, churchings, and burials, and to all ecclesiastical fees, oblations, and offerings, shall apply to every such church or chapel so constituted the parish church as aforesaid, in like manner in every respect as to the former parish church of the said parish ; and such former parish church shall from such time be and be deemed to be a district church or a chapel with or without a district, as the said commis- sioners shall in such case direct : Provided always, that no such instrument of substitution or transfer shall take effect till after the first avoidance of such ancient parish church, unless with the consent in writing of the actual incumbent thereof, in which case such incumbent shall be and is hereby declared to be to all intents and purposes the rector, vicar, or perpetual curate, as the case may be, of the church or chapel so constituted the parish church, instead of rector, vicar, or perpetual curate of the former parish church, without any presentation, institution, in- duction, collation, or other form of law being had, observed, or required : Provided also, that the chancel (if any) of such former parish church shall continue to be repaired in such manner and by the same person or persons as are now by law or custom liable to the repairs thereof. incumbent XVII. And be it further enacted, that the incumbent of of former parish such parish next succeeding after such substitution and * nicuiM- transfer as aforesaid shall be and is hereby declared to be new pariah the rector, vicar, or perpetual curate, as the case may be, church. 1 d2 Vict. c. 107. 397 of such church so made the parish church as aforesaid ; Sect. 17. and that the person or persons who for the time being- would have had a right of presenting, nominating, or appointing the incumbent to the former parish church, in case such transfer and substitution as aforesaid had not been made, shall thenceforth, in lieu thereof, when any vacancy occurs, have such and the like right of presenting, nominating, or appointing the incumbents of the church so made the parish church as aforesaid, as he, she, or they respectively would have had with respect to the former parish church. XVIII. Commissioners may provide for ministers of such churches out of the pew rents. — Saving of rights of pew miners. XIX. And be it further enacted, that this Act shall JSmdSdJ extend only to that part of the United Kingdom called ^d wai^ England and Wales, and to the Isle of Man, and to the 1 J &c. Islands of Guernsey, Jersey, Alderney, and Sark. 398 Church Building Act, 1845. 8 & 9 VICT. Cap. 70. An Act for the further Amendment of the Church Building Acts. [31st July, 1845.] Whereas an Act was passed in the fifty-eighth year of the 58 Geo. 3, reign of His Majesty King George the Third, intituled An Act for Building and promoting the building of additional Churches in populous Parishes : And whereas another Act was passed in the fifty-ninth year of the reign of His said 59 Geo. 3, Majesty King George the Third, intituled An Act to amend and render more effectual an Act j>assed in the last Session of Parliament, for building and promoting the building of additional Churches in pojmlous Parishes: And whereas another Act was passed in the third year of the reign of His Majesty King George the Fourth, intituled 3 Geo. 4, j[ n ^ c t t0 amena ani i render more effectual Two Acts, passed in the Fifty-eighth and Fifty-ninth Years of His late Majesty, for building and promoting the building of ad- ditional Churches in populous Parishes : And whereas another Act was passed in the fifth year of the reign of c W3* ^ "^ s sa ^ Maj es ty King George the Fourth, intituled An Act to make further provision, and to amend and render more effectual Three Acts, jmssed in the Fifty-eighth and Fifty- ninth Years of His late Majesty and in the Third Year of His present Majesty, for building and promoting the building of additional Churches in populous parishes : And whereas another Act was passed in the session of Parliament holden in the seventh and eighth years of the reign of His said 7&8 Geo. 4, Majesty King George the Fourth, intituled An Act to amend the Acts for building and promoting the building of additional Churches in pojmlous Parishes : And whereas another Act was passed in the session of Parliament holden in the first and second years of the reign of His 1&2 Will. 4, late Majesty King William the Fourth, intituled An Act to amend and render more effectual an Act passed in the 8 <£ 9 Vict. c. 70. 399 Seventh and Eighth Years of the Reign of His late Majesty, Sect. 1. intituled " An Act to amend the Acts for building and pro- moting the building of additional Churches in populous Parishes:" And whereas another Act was passed in the 2 & 3 win. 4, . c. 61. session of Parliament holden in the second and third years of the reign of His said late Majesty, to render more effectual the aforesaid Act passed in the fifty-ninth year of the reign of His Majesty King George the Third : And whereas another Act was passed in the session of Parliament holden in the first year of the reign of Her present Majesty Queen Victoria, intituled An Act to pro- 7wm.4, & loivj for Ten Years Her Majety's Commission for building new Churches : And whereas another Act was passed in the session of Parliament holden in the first and second years of the reign of Her said Majesty Queen Victoria, intituled An Act to amend and render more effectual the i & 2 Vict. Church Building Acts : And whereas another Act was passed in the session of Parliament holden in the second and third years of the reign of Her present Majesty, intituled An Act to make better Provision for the Assign- 2 & 3 Vict. ment of Ecclesiastical Districts to Churches or Chapels aug- mented by the Governors of the Bounty of Queen Anne ; and for other Purposes : And whereas another Act was passed in the session of Parliament holden in the third and fourth years of the reign of Her present Majesty, intituled An Act to further amend the Church Building 3&4Vict. Acts : And whereas another Act was passed in the session of Parliament holden in the seventh and eighth years of the reign of Her present Majesty, intituled An Act con- 7&8Vict. cerning Banns and Marriages in certain District Churches and Chapels : And whereas it is expedient that some of the provisions of the hereinbefore recited Acts should be amended : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this K Sp i aua ti n present Parliament assembled, and by the authority of the lon^fthe same, that, notwithstanding any limitation or restriction provisions of or other thing contained in the hereinbefore recited Act o. 72, s. 30. 400 Church Building Act, 1845. ct. 1. passed in the third year of the reign of His late Majesty King George the Fourth, where a new church has been already built or shall hereafter be built in any parish or district parisb, or ancient or parochial chapelry, and where the bishop of the diocese and the patron and incumbent of such parish, district parish, or ancient or parochial chapelry shall at any time certify to Her Majesty's Com- missioners for building new churches that it will be for the convenience of such parish, district parish, or ancient or parochial chapelry that such new church, being duly consecrated, should be substituted for the old or existing church situate therein, it shall be lawful for the said com- missioners, by an instrument under their common seal, with the consent of such bishop, patron, and incumbent, under their hands and seals, to declare that such new church, being duly consecrated, shall be substituted for such old or existing church, and to transfer the endow- ments, emoluments, or rights belonging to such old or existing church, or to the incumbent or minister thereof, to such new church, and to the incumbent or minister thereof and his successors ; and it shall be lawful in every such case for the trustees (if any) of such old or existing church, or of any rights, emoluments, or endowments belonging thereto, or to the incumbent or minister thereof, and they are hereby required, and indemnified for so doing, to transfer the same according to the direction of the said commissioners ; and immediately from and after such transfer all glebe lands, tithes, and other endowments, emoluments, fees, and profits, and every matter or thing, whether real or personal, and all rights and privileges wherewith any such old or existing church is, or was at the time of such substitution, endowed, or to which the incumbent or minister thereof was or is entitled, shall be vested in and belong to the incumbent or minister for the time being of such new church, and his successors, in as ample a manner as the incumbent or minister of the old or existing church might have enjoyed the same if such transfer had not taken place, and the incumbent or minister s ,e 9 I ict, c. 70. 401 of such old or existing church shall thereupon be, to all Sect. 1. intents and purposes, the rector, vicar, perpetual curate, or minister as the case may be, of such new church, instead of rector, vicar, perpetual curate, or minister of such old or existing church, without any presen- tation, institution, induction, collation or other form of law being had, observed, or required ; and such new church shall thereupon have the same rights and privileges as such old or existing church, and such offices of the church as were performed and celebrated in such old or existing church shall be performed and celebrated in such new church, and such new church shall be to all intents and purposes in lieu of the old or existing church ; and at any time within six months after the substitution of such new church for the old or existing church the bishop of the diocese may of his own mere motion issue, or, if thereunto required by any person claiming to hold a pew or seat free of rent in such old or existing church by faculty or prescription, shall issue, a commission under his hand and seal, directed to the archdeacon of the arch- deaconry in which such old or existing church shall be situate, and to any two incumbents of parishes situate within such archdeaconry, and to any two laymen nomi- nated by the churchwardens of such old or existing church, who are hereby required to nominate for such purpose two fit persons not claiming any such pew or seat as aforesaid ; and such commission shall direct the commissioners thereby appointed to inquire into the rights of persons, if any, who claim to hold any such pews or •seats as aforesaid ; and the said commissioners, or any three or more of them, of whom the said archdeacon shall be one, shall, as soon as conveniently may be, proceed to examine into such claims, after giving fourteen days' previous notice thereof, by affixing a copy of such com- mission on the church door of such new church ; and such notice, signed by such archdeacon, shall specify the day and time and place on which such examination is to be made ; and after making an examination into such 402 Church Building Act, 1845. Sect. 1. claims the commissioners so appointed, or the majority of ciaimTof them, shall under their hands transmit in writing to the pewTta the sa, id bishop the names and residences of the persons who to d bo h inves- nave substantiated their claims to such pews or seats, and tigated, and jf ^q ^{fi bishop is satisfied therewith he shall assign, if proved r . such per- under his hand and seal, to such parties respectively, have pews convenient pews or seats in such new church, and such church on seats so assigned shall be held and enjoyed by the parties terms as in entitled to the same in as free and ample a manner as the the old one. p ews or sea t s to which they had or would have been entitled in such old or existing church ; and if any party shall find himself aggrieved by the finding of such com- mission the bishop of the diocese shall have power to afford redress, by allotting to such party seats in such new church, if the justice of the case shall in his judgment require it ; and the old or existing church, if such bishop shall think fit, may thereupon be wholly or partly pulled down, under a faculty to be granted for that purpose ; and the said bishop shall in that case take care that all tombstones, monuments, and monumental inscriptions in such church so pulled down are as far as may be pre- served by the churchwardens, at the expense of the parish, or if it shall seem fit to the said bishop the same shall be transferred to the church so substituted as afore- said, at the expense of the said parish or district parish, or ancient or parochial chapelry, as the case may be ; provided that in case such new church shall have been built wholly or in part out of the funds placed at the disposal of Her Majesty's said commissioners under the provisions of the hereinbefore recited Acts or any of them, and such transfer shall have been made, rents for the pews or seats in such new church shall only be fixed by Her Majesty's said commissioners under the provisions of such Acts for that number of seats therein which shall exceed the number of seats provided in such old or existing church : Provided always, that nothing herein contained shall authorize the substitution of any new church in lieu of the old or existing church as afore- 8 d-d Vict, c 70. 403 said, when the advowson of or right of nomination to Sect. I. such new church shall belong to any other body or person than to the patron of such old or existing church without the consents in writing of the patron and incumbent or minister of such new church. II. And be it enacted, that the rector, vicar, perpetual incumbent curate, or minister of such old or existing church next church and ii- i n i hissuc- Bucceeding after such transfer, and his successors, shall be cessorsto and is hereby declared to be the rector, vicar, perpetual bent of new- curate, or minister, as the case may be, of such new c church ; and the body or person who for the time being would have had a right of presenting or appointing the incumbent or minister of such old or existing church, in case such transfer had not been made, shall in lieu thereof, when any vacancy occurs, have such and the like right of presenting or appointing the incumbent or minister of such new church as such body or person would have had with respect to the old or existing church. IV. Where any part of a cathedral church has been accustomed to be used as a parochial church, a transfer of the rights, endowments, dc, belonging to such parochial church may, with certain consents, be made by the Church Building Commissioners to a new church ; and the parochial church shall thenceforth be under the same control and subject to the same laws as to repairs as exist with respect to the cathedral church. V. And be it enacted that where at the passing of this £p™tofore Act there is not any consecrated church in one of two united with J t another parishes, which mav have been for thirty years next shall be 5 „ ' . „ J , . . , .aji disunited before the passing of this Act united, or reputed to have after new , .. n ~ , . .. , , , church built been united, tor ecclesiastical purposes, and where a new therein, church has been or shall hereafter be built wholly or in part out of any funds at the disposal of Her Majesty's said commissioners in the said parish in which there is 404 ( lmrch Building Act, 1845. Sect. 5. not any such church as aforesaid, the whole of such parish may, after the consecration of such new church, be disunited for ecclesiastical purposes from the other parish, and may be formed into a separate and distinct parish for such purposes, with the same consents, in the same manner, and under and subject to the same provisions and consequences as are mentioned and contained in the hereinbefore-recited Acts or any of them, or in this Act, relative to the formation of a distinct and separate parish, where the same is formed out of one parish not united with another parish. Appoint- VI. And be it enacted, anything in the hereinbefore- ment of « church- recited Acts or any of them to the contrary notwithstand- a district ing, that, in all cases not otherwise expressly provided for, an?i P consoii- two fit persons shall be annually appointed church- chapeiry. wardens for the church of every district chapelry or consolidated chapelry already or hereafter to be formed under the provisions of the hereinbefore -recited Acts or any of them, or this Act, such persons residing within the district chapelry or consolidated chapelry ; and the first appointment of two such persons shall, with respect to the church of any district chapelry or consolidated chapelry already formed as aforesaid, take place within two calendar months after the passing of this Act, and with respect to a chapelry district or consolidated chapelry to be hereafter formed as aforesaid, within two calendar months after the formation of the same ; and the first appointment of such persons, in either of such cases, shall take place at a meeting of the minister of such church and the householders of the district, to be summoned in all respects as such minister shall direct ; and every subsequent appointment shall take place at the usual period of appointing parish officers at a meeting to be summoned in all respects as if such district were a parish and such meeting were a parish vestry meeting ; and in each such case one of such persons shall be chosen by the then incumbent or minister serving such church, and the 8 & 9 Vict. c. 70. 405 other by the householders, or the majority of such house- Sect. 6. holders, residing in such district chapelry or consolidated chapelry ; and the two persons, when so appointed and elected churchwardens, shall appear and be admitted according to law and shall collect and receive the rents of the pews and seats in every such church, and pay the stipend or salary assigned by Her Majesty's said commissioners to the minister and clerk of such church, if the said commissioners have fixed the rents for the same, or assigned such stipend or salary, and shall also do, perform, and execute all lawful acts, matters, and things necessary for and concerning the management, good order, and decency of behaviour to be kept and observed in such church by the congregation thereof, and for the recovery of such pew rents, if in arrear ; and the money given at the offertory at such church shall be disposed of by the minister and churchwardens of such church in the same manner as the money given at the offertory at any parish church is by law directed to be disposed of by the minister and churchwardens of such parish ; and the persons so to be appointed and chosen churchwardens shall continue in their said office until others shall be appointed and chosen in like manner in their stead. Contiguous portions of the parishes of Bottisham and Swaffham were formed into a consolidated chapelry for all ecclesiastical pur- poses, and assigned to the consecrated church of St. James, in the parish of Bottisham, by Order in Council, under 8 & 9 Vict. c. 70, and 19 & 20 Vict. c. 55. Held, that the ratepayers residing within that part of the parish of Bottisham lying within the consolidated chapelry had a right to vote in the election of churchwardens for the whole ancient parish of Bottisham. (Newman v. Kinn, M J. P. 358.) "' VII. And be it enacted, anything in the hereinbefore- Appoini recited Acts or any of them to the contrary notwithstand- church- ing, that, in all cases not otherwise expressly provided for, an addi- two fit and proper persons shall be annually appointed church, the churchwardens for any new church (without a district) t^been* 01 already built or hereafter to be built upon a site whereof j^ ^',',;' i,v Her Majesty's said commissioners shall have accepted the missioners. 406 Church Building Act, 1845. Sect. 7. conveyance, under the provisions of the hereinbefore- recited Acts ; and the first appointment of such persons shall take place within two calendar months after the passing of this Act with respect to a church already built and consecrated, and within two months after the con- secration of a church to be so hereafter built ; and the next appointment of such persons, in either of such cases, shall take place at the next usual period of appointing parish officers ; and in each such case one of such persons shall be chosen by the minister of such church, and the other by the renters of pews therein, or by the majority thereof, at any meeting to be summoned, in all respects as the minister of such church, or (if there shall be no minister) as the churchwardens going out of office, shall direct, and the two persons, when so appointed and elected churchwardens, shall appear and be admitted according to law, and shall collect and receive the rents, if any, of the pews and seats in any such church, and pay the stipend and salary, if any, assigned by the said com- missioners to the minister and clerk of such church, and shall also do, perform, and execute all lawful acts, matters, and things necessary for and concerning the management, good order, and decency of behaviour to be kept and observed in such church by the congregation thereof, and for the recovery of the pew rents in such church, if the same are in arrear ; and the persons so to be appointed and chosen churchwardens shall continue in their said office until others shall be appointed and admitted in like manner in their stead : Provided always, that if there are no rented pews in such church the minister of such church shall appoint both churchwardens : Provided also, that if such new church is made the church of a distinct and separate parish, district parish, district chapelry, or con- solidated chapelry, the several provisions of the herein- before-recited Acts or this Act touching the appointment and election of churchwardens for the same, and their powers and duties in each such case, shall thenceforth respectively apply to such church. 8^9 Vict. c. 70. 407 VIII. Provided always, and be it enacted, that no Sect. 8. churchwardens appointed under the provisions of this No ^^ Act shall be churchwardens for any other duties than for chm ; ch \ •> warden to those hereinbefore mentioned: but all other legal duties b ?, b = v v !i tlie ' ° of his office appertaining to the office of churchwardens shall be dis- overseer of charged within such district chapelry or consolidated chapelry, and in respect of the church thereof, and also in respect of any such new church as aforesaid without a district, by the churchwardens who would have discharged the same if this Act had not been passed ; and that no churchwardens appointed under the provisions of this Act shall in virtue of such office be deemed overseers of the poor. IX. And whereas it is expedient to explain and amend Explanation the provisions of the hereinbefore-recited Act, passed in ment of the fifty-ninth year of the reign of His late Majesty King mmL°o.3, George the Third touching the formation of consolidated tiSuiSaa chapelries : Be it therefore enacted, that where a popula- soifdato.i tion is collected together at the extremities of and locally chapelries. situate in parishes or extra-parochial places contiguous to each other, at a distance from the respective churches of such respective parishes or extra-parochial places, and where there is or shall hereafter be a consecrated church in any of such parishes or extra-parochial places so circumstanced and situated as aforesaid, it shall be lawful for the said commissioners, with the consent of the bishop of the diocese, or if such parishes or places are situate in different dioceses, then with the consents of the respective bishops thereof, signified under his or their hands and seals, and with the consents also in like manner signified of the patrons of such respective parishes or extra- parochial places, to represent to Her Majesty in Council the expediency of uniting any such contiguous parts of such parishes or parts, or the whole of such extra- parochial places, into one consolidated chapelry for such church with respect to all ecclesiastical purposes, and 408 Church Building Act, 1845. Sect. 9. Minister thereof to be a per- petual curate. such representation shall contain a description of such boundaries as may appear advisable to Her Majesty's said commissioners for such consolidated chapelry . . . and if thereupon Her Majesty in Council shall think fit to order such consolidated chapelry to be so formed, such order shall be good and valid for the purpose of forming the same . . . ; and (save and except in those cases where at the time of such consolidation such church was either the church of a rectory or vicarage, and then the said church shall retain its original character,) the church of such consolidated chapelry shall be deemed a perpetual curacy, and shall be considered in law as a benefice pre- sentative, so far only as that the licence thereto shall operate in the same manner as institution to any benefice, and shall render void other livings, in like manner as institution to any benefice, and the spiritual person serving the same shall be deemed the incumbent thereof, with exclusive cure of souls therein, and shall have perpetual succession, and shall be and is hereby declared to be a body politic and corporate, and he and his successors may receive, take, and hold such endowments in lands or tithes, or both, or any such augmentation, as shall be granted to him or them, in the same manner as any other incumbent is by law entitled to do ; and every such incumbent shall be subject to all jurisdictions and laws, ecclesiastical or common, and to all provisions con- tained in any Acts of Parliament in force relating to such persons, and the church of every such consolidated chapelry shall be subject to the jurisdiction of the bishop within whose diocese and archdeaconry the communion table of such church shall be locally situated, and to all the laws in force concerning presentation and appoint- ment to benefices and churches, and all other laws relating to the holding the same : Provided always, that where at the time of forming such consolidated chapelry the said church shall be full, the spiritual person filling such church shall be and remain incum- 8 did Vict. c. 70. 409 bent of tbo said church and also of the whole con- Sect. 9. solidated chapelry. A consolidated chapelry formed under this section by an Order in Council, on the representation of the Church Building Commis- sioners (now, by 19 & 20 Vict. c. 55, the Ecclesiastical Commis- sioners), the boundaries of which are set out in the Order, is duly constituted without enrolment of the name and description of boundaries, even supposing it rendered essential by 59 Geo. 3, c. 134, s. 6. (Beg. v. South, Weald (Overseers), 5 B. & S. 391 ; 10 Jur. (N.s.) 1099 ; 33 L. J. M. C. 193 ; 12 W. R. 873 ; 10 L. T. (N.S.) 498.) X. And be it enacted, that banns of marriage may be Offices of , . ° J the church published, and marriages, christenings, churchings, and maybe burials performed, in the church of every such consoli- therein, dated chapelry so formed, and, notwithstanding anything contained in the hereinbefore recited Act passed in the fifty-ninth year of the reign of His late Majesty King George the Third to the contrary thereof, the fees arising therefrom shall, unless voluntarily relinquished by them or either of them, belong to the incumbent and clerk respec- tively of the parishes out of which such consolidated chapelry shall have been formed, under the provisions of this Act, during their respective incumbencies, or during the time the clerk shall retain his situation ; and the Apportion- incumbent of such consolidated chapelry formed under fees. this Act shall keep an account of the fees so received, and shall every year pay over the same to such incumbents and clerks respectively who would have been entitled to them if such consolidated chapelry had not been formed ; and after the next avoidance of such respective incumben- cies, and after the situations of such respective clerks shall have become vacant, such fees shall belong and be paid to the incumbent of such consolidated chapelry and the clerk of the church thereof. XI. Peiv rents may be fixed for the minister and clerk of any consolidated chapelry, where the commissioners have granted money for its erection. T 410 Church Building Act, 1845. Sect. 12. XII. And be it enacted, that it shall be lawful for Her Com^iT- Majesty's said commissioners to make a grant out of the tacenahf 3 available monies in their hands for or towards the erection cases make f new churches in aid of the erection of any new church o "UlS 1*1 i • -i i aid of the intended to be made the church of any consolidated erection of . . a church chapelrv, although the population ol the parish or extra- forsuch L .' r , . , , i i .« i -i. i consolidated parochial place m which such church will be situate may chapeiry. ^ am ount to four thousand persons and upwards, and although there may be church accommodation for more than one-fourth of the inhabitants of such parish or extra- parochial place, provided that the consolidated chapeiry to be formed under the provisions of this Act shall contain a population of at least four thousand persons, with church accommodation therein for not more than one- fourth of the inhabitants thereof. How the XIII. And be it enacted, that in all cases the freehold sites for of the site of every church of which Her Majesty's said &c U , r s C han commissioners may have accepted or shall accept a con- veyance under the provisions of the hereinbefore recited Acts or any of them (as to any church not yet consecrated, when the same shall be consecrated), shall vest in the incumbent for the time being of such church, and the freehold of every burial ground of which the said commis- sioners may have accepted or shall accept a conveyance under the provisions of the hereinbefore recited Acts or any of them shall, after the same shall have been conse- crated, vest in the incumbent for the time being of the church to which such burial ground shall belong, or if there shall be no such incumbent, then in such body or person as the said commissioners may, with consent of the bishop of the diocese, in such special case direct, until there shall be an incumbent, and from and after that time then in such incumbent, for the use of the inhabitants of the place for which such burial ground was acquired ; and the freehold of any house, garden, and appurtenances, and land for the residence and glebe of the spiritual person vest 8 d 9 Vict. c. 70. 411 serving any church, of which the said commissioners may Sect. 13. have accepted or shall hereafter accept a conveyance, under the provisions of the hereinbefore recited Acts or any of them, shall vest in the incumbent or minister of such church for the time being ; provided that nothing in this Act contained shall authorize the interment of any person under any church. XIV. And whereas it is by the said hereinbefore recited Land ot>- J tamed for Act, passed in the fifty-ninth year of the reign of His late a burial Majesty King George the Third, enacted, that where the any parish said commissioners should make a grant in aid of pur- declared by chasing cemeteries not within the bounds of the parish for missioners which the same should be provided, such cemeteries parish for Cb should, after consecration, be deemed part of the parish ^ P ur - for the use of which they should have been purchased or th *?^5 0t provided : And whereas it is expedient that the said com- bounds of missioners should have the power of declaring that such land as shall be approved of by them for the purpose of a new or additional burial ground or burial grounds should be deemed part of the parish or parishes for the use of which they shall have been provided, although not within the bounds of such parish or parishes, and whether any grant in aid of the purchase of such land shall have been made or not by the said commissioners : Be it therefore enacted, that where any land shall have been purchased or obtained for any new or additional burial ground not within the bounds of the parish or parishes for the use of which the same shall have been so purchased or obtained, it shall be lawful for the said commissioners, if they shall think fit, in accepting a conveyance of such land for the purposes aforesaid, under the provisions of the herein- before recited Acts, or any of them, to declare in such conveyance, or by any other instrument under their common seal, that such land shall, after the consecration thereof for the purposes aforesaid, be and be deemed to be part of the parish or parishes for the use of which such t 2 412 Church Building Act, 1845. Sect. 14. land shall have been so purchased or obtained, and, after consecration, such land shall be part of such parish or parishes accordingly for the purposes aforesaid. XV. Church of a district parish may he resigned by the incumbent of original parish ; such resignation to operate in the same manner as avoidance of church of the original parish. XVI. Boundaries of new parishes or districts may be altered, although five years may not have elapsed since such new parishes or districts were formed. XVII. Church of a district chapelry and church aug- mented by the Ecclesiastical Commissioners for England to- be a perpetual curacy, and minister a perpetual curate. XVIII. Licence of minister of a new church [without a district) not void by reason of the avoidance of the parish church, unless revoked by bishop. The pur- XIX. And be it enacted, that, anything in the herein- of lands' J before recited Acts or any of them to the contrary not- tno d pro- ei withstanding, it shall not be necessary to pay into the recited Acts B an k of England any sums of money to be paid for any need not be } an( j s or hereditaments to be purchased or acquired by Bank of virtue of such Acts, or any of them, although the same England, though it may amount to or exceed two hundred pounds (unless to or exceed Her Majesty's said commissioners shall require such sums maybe to be paid into such bank), but the same may be invested trustees. m the names of trustees, as in the said Act is provided in the cases when the amount thereof shall be under the sum of two hundred pounds ; and in any declaration of trust to be made of any such monies the said commissioners may make such special provisions for the investment of such monies, and the appointment of new trustees thereof, or otherwise, as they shall think fit. Tiopur- XX. And be it enacted, that in every case in which land chase money . * , . . _J of lands or other hereditaments belonging to an incumbent m right 8 a- 9 Vict. c. 70. 413 of his church shall be sold and conveyed by him to Her Sect. 20, Majesty's said commissioners, and in which the purchase ao id under money is, under the provisions of the hereinbefore recited c . 4 5 !a ' n( i Act passed in the fifty-eighth year of the reign of His late ^ l ™u?- e Majesty King George the Third, directed to be paid into SgjJSfi the Bank of England, or invested in the names of trustees, living may ■' ' be paid to such purchase money shall, instead of being paid into the and applied Bank of England, or invested in the names of trustees, be governors paid to the governors of the bounty of Queen Anne for Amies' the augmentation of the maintenance of the poor clergy, the bem lit and be appropriated by the said governors to the benefice cumbent! to which the land or other hereditaments so sold shall have belonged, and shall be applicable and disposable by the said governors to and for the benefit and augmentation of such benefice, in such and the same manner, and with such and the same powers of investment in the purchase of land, and exchange for other land and hereditaments, and otherwise, and with other powers and authorities, in all respects, according to the rules, orders, and constitu- tions for the time being in force for the management of the bounty of Queen Anne, as if the money so appro- priated had been originally provided or appropriated by the said governors out of the funds at their disposal, for the benefit and augmentation of the same benefice. XXI. And be it enacted, that in all cases in which chase money money shall be payable to the governors of the bounty of ^ ^J )M,] Queen Anne under the provision last hereinbefore con- treasurer tained, such money shall be paid to the treasurer for the Anne's . , . bounty, and time being of the said governors ; and the receipt or his receipt receipts of such treasurer shall be an effectual discharge or Wild dis- effectual discharges for so much money as in such receipt L or receipts shall be expressed, to the person or persons paying the same ; and after obtaining such receipt or receipts the person or persons paying such money shall be absolutely discharged from all liability touching such money, and from all trusts relating thereto. 414 Church Building Act, 1845. Sect. 22. XXII. Apportionment of bequests, Sc, and also of charges, to be made by the Court of Chancery. — 52 Geo. 3, c. 101. XXIII. Agreement as to right of nomination entered into before building or consecration of any new church to be binding. Assent of XXIV. And be it enacted, that no future conveyance to the commis- ,,.,., ... „ . sionersto be made to the said commissioners in pursuance ol the anoeor* hereinbefore recited Acts or any of them, or any other strumem future instrument thereby directed to be made with their unified by P r ivity or assent, shall be valid and effectual unless and their seal. until the assent thereto of the said commissioners shall be testified by any seal in use by them being affixed thereto ; but after such seal shall have been affixed to such instru- ment, such instrument shall take effect as from the making Unless so thereof; and no future instrument to which such seal is testified tlic instrument as aforesaid so directed to be affixed, and which is directed registered, to be registered in the registry of any diocese, shall be so registered unless and until such seal shall have been so affixed. Application XXV. And be it enacted, that the existing powers, church privileges, and authorities contained in the hereinbefore Acts d to'Uiis fi rs ^ recited Acts or any of them may be used and applied Act - for the purpose of carrying this Act or the said Acts respectively into execution, mutatis mutandis, so far as the same are applicable thereto, and are not inconsistent with or repugnant to the provisions of this Act. 9 <£■ 10 Vict. c. 68. 415 9 & 10 VICT. Cap. 68. An Act for better enabling the Burial Service to be per- formed, in one chapel where contiguous Burial Grounds shall have been provided for two or more Parishes or Places. [26th August, 1846.] Whereas an Act was passed in the session of Parliament holden in the eighth and ninth years of the reign of Her present Majesty, intituled An Act for the further Amend- ®* ® Viet merit of the Church Building Acts, whereby it was amongst other things enacted, that where any land should have been purchased or obtained for any new or additional burial ground not within the bounds of the parish or parishes for the use of which the same should have been so purchased or obtained, it should be lawful for Her Majesty's commissioners for building new churches, if they should think fit, in accepting a conveyance of such land for the purposes aforesaid, under the provisions of the thereinbefore recited Acts or any of them, to declare in such conveyance, or by any other instrument under their common seal, that such land should, after the con- secration thereof for the purposes aforesaid, be and be deemed to be part of the parish or parishes for the use of which such land should have been so purchased or obtained, and after consecration such land should be part of such parish or parishes accordingly for the purposes •aforesaid : And whereas it is expedient that the said pro- vision of the hereinbefore recited Act should be amended : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, that such provision shall extend to any distinct and £ hu ''? h \ m •> building separate parish, district parish, district chapelry, or con- commis- f. , , ,. . PPi t sioners may sohdated district already or to be hereafter formed under direct that 416 Church Building Act, 1846. Sect. 1. the Church Building Acts, and to any new parish already one chapel or to be hereafter constituted by or under the proceedings c lii 11 be used by the of the Ecclesiastical Commissioners for England, and that parishes or where any land, wherever situated, shall have been pur- which burial chased or obtained for the purpose hereinbefore recited, eom^uous ^ 01 ^ e use °^ * wo or more parishes or places, it shall be to each lawful for the said commissioners, in accepting a convey- other shall ' \ ° J have been ance of such land for the purposes aforesaid, to order and direct in such conveyance, or by any other instrument under their common seal, that any chapel which at the time of such order and direction shall have been or shall be thereafter erected on any portion of such land as afore- said for the performance of the burial service therein, and any lodge or other building which shall at the time of such order and direction have been erected or shall thereafter be erected on any part of such land, and also any and every access or approach to and from such chapel, lodge, or other building, shall be for the use of all and every of the parishes or places for which such land shall have been purchased or obtained and conveyed as aforesaid, and Ministers of such order and direction shall be valid and binding; and Cticli ptirisli may use the it shall be lawful for the officiating minister of each parish respectively to use (subject to the regulations hereinafter mentioned) the said chapel for the purpose of the burial samo fees service therein ; and the like fees for the performance of are due in such burials, and for the making, opening, or using any which 68 ' catacombs, vaults, or ground for burials within each such been"mr- aS krmai ground, shall be due and payable as are accustomed chased. ^o be taken in the parish for which such burial ground shall have been purchased, obtained, and conveyed as aforesaid ; and the use of such chapel, lodge, or other building by such officiating minister for the purpose afore- said shall be subject to such regulations as the bishop of the diocese shall at any time under his hand and seal make or ordain. Bishop of II. And be it enacted, that it shall be lawful for the the diocese may declare said bishop, in consecrating such chapel as aforesaid for 9 A 10 Vict. c. 68. 417 the purposes aforesaid, to declare in the sentence of con- Sect. 2. secration that such chapel is intended for the use of the in t] ~ respective parishes or places, for the performance of the ^SgeraatiOT burial service therein, for which such land shall have been that -, uch chapel is purchased or obtained and conveyed as aforesaid ; and if intended r J .for the use any additional land shall after the consecration of such of such respective chapel be purchased or obtained, and conveyed as afore- parishes or said to the said commissioners, as a burial ground, for the a use of such parish or parishes, place or places, or for the use of any other parish or parishes, place or places (such land adjoining or being near to such former land so purchased or obtained and conveyed), such chapel, subject to the regu- lations as aforesaid by the bishop of the diocese, may be used for the performance of the burial service in such additional ground, and such lodge or other building, and every access and approach to and from such chapel, lodge, or building, may be in like manner used for the purposes aforesaid. III. And be it enacted, that for the enclosure of such 9 nc b , oim " dary fence land one boundary fence around the whole may be declared sufficient, . . . . unless by such bishop (if he think fit) sufficient, without any bishop sub-division fences enclosing the portions conveyed to the stones to be said commissioners for the use of the several parishes or }<"■ marking places respectively ; but if the said bishop shall think fit ^ ""ch 1 "" he may require such bound stones to be put down as may i' ansb - appear to him necessary for making the boundaries of the land so conveyed as aforesaid to the said commissioners for the use of the respective parishes. IV. Provided always, and be it enacted, that nothing in S'atrthrtM this Act contained shall be construed to authorize any au y church u rate for tho church rate to be made on the said parishes or any of repair of them for the repair or sustentation of such chapel, lodge, &c. or other building, or fence as aforesaid, but such repair or sustentation shall be provided for by such a sum of money as the said commissioners shall consider sufficient; and such sum shall be set apart, and invested in Govern- fund for t 3 418 Church Building Act, 184G. Sect. 4. such repair or sustenta- tion shall be set apart, and in- vested in the names of trustees. Vacancies amongst trustees to be filled up. ment securities in the names of trustees to be appointed by the said commissioners, and shall be held by such trustees in trust for the purposes aforesaid, and the dividends or annual proceeds arising therefrom shall be applied in and about such repair and sustentation, as and when the trustees or trustee for the time being, with the consent of the bishop of the diocese, shall deem fit from time to time to direct ; and in case of a vacancy or vacan- cies amongst such trustees, the remaining trustees or trustee, and if there shall be no remaining trustee, or no trustee that is capacitated or willing to act, the bishop of the diocese, shall supply such vacancy or vacancies, by the appointment of a fresh trustee or trustees, who shall hold such trust fund, and apply the annual dividends and proceeds arising therefrom jointly with the remaining trustees or trustee, if any, in like manner as the former trustees or trustee in whose room he or they shall be appointed. ttono^Act ^' -^ J2< ^ ^e ** enac ted, that in the interpretation of this Act, where the words "parish" or "parishes" occur therein, such words, or either of them, shall include any distinct and separate parish, district parish, district chapelry, or consolidated district already or to be here- after formed under the provisions of the Church Building Acts, and also any new parish already or to be hereafter constituted by or under the proceedings of the Ecclesias- tical Commissioners for England. 14 <£• 15 Vict. c. 97. 419 14 & 15 VICT. Cap. 97. An Act to amend the Church Building Acts. [7th August, 1851.] Whereas the following. Acts have been passed for building and promoting the building of additional churches in populous parishes in England, and are commonly referred to as the Church Building Acts ; (that is to say,) an Act 58 Gco - 3 > of the fifty-eighth year of King George the Third, chapter forty-five ; an Act of the fifty-ninth year of King George 59 Geo - 3 . the Third, chapter one hundred and thirty-four; an Act 3 Geo. 4, of the third year of King George the Fourth, chapter c ' 72 ' seventy-two ; an Act of the fifth year of King George the 5 Geo. 4, Fourth, chapter one hundred and three; an Act of the7&8Geo.4, session holden in the seventh and eighth years of King George the Fourth, chapter seventy-two; an Act of the 1 &2wm.4, session holden in the first and second years of King William the Fourth, chapter thirty- eight ; an Act of the 2&3Wiii.4, session holden in the second and third years of King William the Fourth, chapter sixty- one ; an Act of the J ^. in - 4 *L session holden in the seventh year of King William the Fourth and the first year of Her Majesty, chapter seventy- five ; an Act of the session holden in the first and second 1 & 2 Vict, years of Her Majesty, chapter one hundred and seven ; an s&syict. Act of the session holden in the second and third years of c ' 49 ' Her Majesty, chapter forty-nine; an Act of the session 3 & 4 vict. holden in the third and fourth years of Her Majesty, chapter sixty ; an Act of the session holden in the seventh " & 8 Vict, and eighth years of Her Majesty, chapter fifty-six ; an s'& 9 vict. Act of the session holden in the eighth and ninth years of c ' 70, Her Majesty, chapter seventy; an Act of the session °* 10 Vict, holden in the ninth and tenth years of Her Majesty, chapter eighty-eight ; an Act of the same session, chapter I * 3 10 Vict - sixty-eight ; an Act of the session holden in the eleventh n& wViot. C. 37 420 Church Building Act, 1851. and twelfth years of Her Majesty, chapter thirty- seven ; 11 & 12 vict. an( i a n Act of the same session of Parliament, chapter seventy-one : And whereas it is expedient that the said Acts should be amended : Be it therefore enacted by the Queen's most ExcellentMajesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows : Loss of fees and offer- ings may be compen- sated for by commis- sionersiout of the first monies coming to them for that pur- pose, in respect to the assign- ment of district chapelries. II. In all cases where any district chapelry has already been or is hereafter formed under the authority of the Church Building Acts, and where, by the Order in Council forming such district chapelry, the fees or any part thereof arising from the performance of such of the offices of the church as are performed in the church of such district chapelry have been reserved or such fees other- wise belong to the then incumbent of the original parish or district (out of which such district chapelry is taken) during his incumbency, or to such incumbent and his successors, it shall be lawful for the said commissioners, out of any monies hereafter placed at their disposal for that purpose (not being monies placed at their disposal for the building or contributing to the building of new churches), to assign to such incumbent during his incum- bency, if he still remain incumbent, or to such incumbent, as the case may require, such an annual sum as may appear to the said commissioners a just and reasonable compensation for the loss of any fees, dues, oblations, or offerings which such incumbent may sustain by reason of the transfer thereof, under the provision hereinafter con- tained, to the incumbent of the district chapelry. compensa- III. Where the fees arising from the performance of oMeS &c! the offices of the church of a consolidated chapelry already [IlrmSof or hereafter formed under the Church Building Acts are toted" 8011 " under such Acts reserved to the incumbents of the parishes chapolries. 14 d 15 Vict. c. 97. 421 out of which such consolidated chapelry is formed during Sect. 3. their respective incumbencies, unless voluntarily relin- quished by them or either of them, compensation may be made as aforesaid by the said commissioners to such incumbents, if still entitled to such fees, for the loss of any fees, dues, oblations, or offerings which such incum- bents may sustain by reason of the transfer thereof, under tbe provision hereinafter contained to the incumbent of such consolidated chapelry. IV. Where tbe fees or a portion thereof arising from the Compensa- r _ ° tion for loss performance of offices of the church in the church, with a of fees in particular district thereto, already or hereafter built and church endowed, and the patronage thereof specially declared endowed under the provisions of the Church Building Acts or this wilh^ass. Act, are reserved or belong to the incumbent of the original parish or district out of which such particular district is taken, compensation may be made as aforesaid by the said commissioners to the then incumbent, or to such incumbent, as the case may require, for the loss of any fees, dues, oblations, or offerings by reason of the transfer thereof, under the provision hereinafter con- tained, to the incumbent of such church. V. After such compensation as aforesaid has been After com- L pensation, awarded by the said commissioners or otherwise to the fees and , . offerings to then incumbent or to such incumbent, as the case may belong to require, of the original parish or district, and such com- the district pensation has been certified by the said commissioners consolidated (which certificate shall be registered in the registry of the or part?-' diocese), all the fees or portion of fees reserved by the tJ^'notl Order in Council, or otherwise belonging to the incumbent wtthstand- of the original parish or district during his incumbency, former . . . reservation, or to the incumbent thereof for the time being and his successors, shall, notwithstanding such reservation or claim, together with all mortuary and other ecclesiastical fees, dues, oblations, or offerings arising within such district chapelry, consolidated chapelry, or particular ( 'hurch Building Act, 1851. Sect. 5. district, belong and be paid to tbe incumbent for tbe time being of sucb district cbapelry, consolidated cbapelry, or particular district, for bis own use and benefit. iwve r not ecs ^- ^ nere tbe fees or any part tbereof arising from the been re- performance of tbe offices of tbe church, or any of them, served, or L . . do not are not reserved or do not otherwise belong to the in- otherwise ... .. ,. .. „ . . , ., belong to cumbent of the original parish or district out oi which the of original district cbapelry, consolidated cbapelry, or particular mortuary district is taken, all the mortuary and other ecclesiastical feel°lc! r fees, dues, oblations, or offerings arising within such to'!ncuni- nS district cbapelry, consolidated cbapelry, or particular bent of district shall from and after the passing of this Act belong CI IS 1 1 ict chapeliy, an d be paid to tbe incumbent for the time being of such district cbapelry, consolidated cbapelry, or particular district, notwithstanding no compensation for the loss thereof has been made to the incumbent of the original parish or district. VII. With consent of bishop, commissioners may in all cases, subject to notices to patron and incumbent, declare perpetual right of patronage to be in the body or person building and endowing a new church, or in certain other ])ersons. VIII. Commissioners mag accept, for the purpose of an endowment and a repair fund, lands, dec, and money. IX. In wlwm right of patronage mag be vested. X. Appointment of trustees. XI. Certain information to be sent by the commissioners to patron and incumbent before they declare right of patronage. XII. Hon- notices shall be sent when imtrons are numerous. 14 & 15 Vict. c. 97. 423 XII.* Instrument declaring right of nomination may be Sect. 12. executed after completion of new church, and after execu- *(.sic.) tion of such instrument, and consecration, right may be exercised. XIV. Sole jurisdiction of bishop to declare such patronage, under circumstances, to cease. XV. The existing powers of the commissioners as to declaration of the patronage of a new church built and endowed under 1 <& 2 Will. 4, c. 38, or Id 2 Vict. c. 107, not to be affected, except so far as they are altered or enlarged by this Act. XVI. The powers and provisions of the Church Build- ^^ of ' ing Acts or this Act relative to the formation of any parish J? 1 ™?* ,. . Building or district shall be applicable to the formation of any Acts to parish or district out of any new parish formed or here- newly con- after to be constituted by or under the proceedings of the parishes. Ecclesiastical Commissioners for England. XVII. Where a district chapelry has been already or is Supple- hereafter assigned to any church under the provisions of order in the Church Building Acts, and the Order in Council p™^ 01 ' assigning such district chapelry does not direct that the baptisms offices of baptisms, churchings, and burials shall be per- andburhis formed in such church, or only directs that one or two of such offices should be performed therein, it shall be lawful for Her Majesty, by any supplemental Order in Council, on a representation to be made to Her Majesty by the said commissioners, with the consent of the bishop of the diocese, to order that all or any of the offices of baptisms, churchings, and burials, not included in such first Order in Council as aforesaid, shall be thereafter performed in such church, and that all the fees arising from the performance of the offices so authorized, or a part thereof, shall thereafter belong and be paid to the minister of such church, or after the next avoidance of the parish or 424 Church Building Act, 1851. Sect. 17. district out of which such district chapelry is formed, or that all or a portion of such fees shall belong and be paid to tbe incumbent of such parish church or district ; and all the laws in force relating to the performance of such offices, and the registration thereof, shall apply to such offices as may be performed under such supplemental Order in Council ; provided that nothing herein contained shall authorizereceiviDgfeesforbaptisms - Commis- XVIII. Anything in the said Act of the seventh and with con- eighth of Her Majesty to the contrary notwithstanding, it bishop, may shall be lawful for the said commissioners, if they think fees e &c., e for fi% with the consent in writing of the bishop of the inariv new diocese, to order and direct that all or a portion of the church f ees tcr shall alter or affect the provisions of the Parish of Man- Division . . Act. 1850. Chester Division Act, 18o0. Provisions XXIY. The powers and provisions contained in an Act of 6 &7 Vict. ... c 37. s. ss, passed in the session holden m the sixth and seventh an "cciesias- years of Her Majesty, chapter thirty-seven, section poradon] twenty-two, enabling persons and bodies corporate to orfokPwith §* ye an ^ g ran t lands, tithes, tenements, or other heredita- consent* rnents for the purposes of the said Act, shall be construed and held to authorize any ecclesiastical corporation, aggregate or sole, to give or grant any land or tithes belonging to such corporation in the manner and for the purposes in the said Act mentioned : Provided always, that the power hereby given shall only be exercised with the following consents in writing ; that is to say, in the case of a college, with the consent of the visitor ; in the case of a bishop, with the consent of the archbishop of the province ; in the case of a dean, with the consent of the dean and chapter ; in the case of a canon or prebendary, with the consent of the patron of such canonry or prebend respectively, in the case of the incumbent of a benefice, with the consent of the bishop of the diocese and the patron of such benefice ; and that the provisions of an Act passed in the session holden in the first and second years of Her Majesty, chapter one hundred and six, respecting the party or parties to be deemed patron or patrons, and also respecting the manner in which and the party by whom any such consent is to be given, shall be held to apply to the consents hereby required. XXV. The validity of marriages performed in error, and without fraud, in certain churches uith parishes or districts 14 6 15 Vict. c. 97. 427 assigned to them, not to be questioned, except where any Sect. 25. action pending on 19th June, 1851. XXVI. To whom the nomination to the church of a distinct and separate parish, district parish, or district chapelry, formed out of an extra-parochial place, shall belong. XXVII. Apportionment or release of quit rents, <£c. XXVIII. The freehold of any chapel already or to be *Jgj£ ld ot hereafter built under the provisions of the said Act of the lodge. &&, A . erected ninth and tenth years of Her Majesty, chapter sixty-eight, under the as a chapel for the burial service, when such chapel has of 9&10 been consecrated, and the freehold of any lodge, walks, or shaUvest'in gates already or hereafter erected or made under such oi e the b ° P Act or any part of such burial ground as aforesaid, shall cllocese - vest in the bishop of the diocese for the time being in which the same is situate ; and the preservation and custody thereof shall belong to the trustees for the time being of the repair fund, appointed under the provisions of the said last-mentioned Act, who shall have power to make such orders and regulations from time to time as may to them in that behalf seem proper. XXIX. In the construction and for the purposes of this &^ reta " Act, unless there be something in the subject or context terms, repugnant to or inconsistent with such construction, the word " church " shall mean and include any consecrated church or chapel belonging to the united Church of England and Ireland; the word " bishop " shall be con- strued to comprehend archbishop, and the word " diocese" shall be construed to comprehend all places to which the jurisdiction of any bishop extends under and for the purposes of an Act passed in the second year of Her present Majesty, chapter one hundred and six ; the word " tithes " shall mean and include all commuted or uncom- muted tithes, rentcharges in lieu of tithe, portions and parcels of tithes, and all moduses, compositions real and 428 Church Building Act, 1851. Sect. 29. prescriptive, and customar3' payments : the words " Church Building Acts " shall mean and include all or any of the Acts mentioned in the preamble of this Act; the words "parish or district" or "new parish or district" shall mean and include any distinct and separate parish, dis- trict parish, district chapelry, consolidated chapelry, or particular district already or hereafter formed under the provisions of the Church Building Acts ; the word "churchwarden" shall mean and include churchwarden and chapel warden ; and the words "body or person" shall mean and include any body politic, corporate, or colle- giate, or any corporation aggregate or sole, as well as one individual. Extent of XXX. This Act shall extend only to that part of the this \ct United Kingdom called England and Wales, and to the Isle of Man, and to the Islands of Guernsey, Jersey, Alder ney, and Sark. NEW PAEISHES ACTS. 6 & 7 VICT. Cap. 37. An Act to make better Provision for the Spiritual Care of popxdous Parishes. [28th July, 1843.] Whereas it is expedient to make better provision for the spiritual care of populous parishes, and to render the estates and revenues vested in " The Ecclesiastical Com- missioners for England," and the funds at the disposal of u The Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy," applicable immediately to such purpose : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same (a) . . . * # # * # IX. And whereas there are divers parishes, chapelries, DJstl K?l ) „. and districts of great extent, and containing a large popu- stituted for lation wherein or in parts whereof the provision for public purposes ; worship and for pastoral superintendence is insufficient for the spiritual wants of the inhabitants thereof ; be it therefore enacted, that if at any time it shall be made to appear to the said Ecclesiastical Commissioners for England, that it would promote the interest of religion that any part or parts of any such parish or parishes, chapelry or chapelries, district or districts, or any extra-parochial place or places, or any part or parts thereof, should be constituted a separate district for spiritual purposes, it («) The first eight sections are concerned only with the powers of Queen Anne's Bounty Board to lend the Ecclesiastical Commis- sioners a sum of stock. 430 New Parishes Act, 1843. Sect. 9. shall be lawful, by the authority aforesaid, with the consent of the bishop of the diocese under his hand and seal, to set out by metes and bounds, and constitute a separate district accordingly, such district not then con- taining within its limits any consecrated church or chapel in use for the purposes of divine worship, and to fix and declare the name of such district : Provided always, that the draft of any scheme for constituting any such district, proposed to be laid before Her Majesty in Council by the said commissioners, shall be delivered or transmitted to the incumbent and to the patron or patrons of the church or chapel of any parish, chapelry, or district out of which it is recommended that any such district or any part thereof should be taken, in order that such incumbent, patron or patrons, may have an opportunity of offering or making, to the said commissioners, or to such bishop, any observations or objections upon or to the constituting of such district; and that such scheme shall not be laid before Her Majesty in Council, until after the expiration of one calendar month next after such copy shall have been so delivered or transmitted, unless such incumbent and arc to and patron or patrons shall in the meantime consent to be endowed A . to a certain the same: Provided also, that in every scheme for con- the least, stituting any such district, the said commissioners shall recommend to Her Majesty in Council, that the minister of such district, when duly licensed as hereinafter men- tioned, shall be permanently endowed, under the provisions hereinafter contained, to an amount of not less than the annual value of one hundred pounds ; and also, if such endowment be of less than the annual value of one hundred and fifty pounds, that the same shall be increased under the like provisions to such last-mentioned amount, at the least, as soon as such district shall have become a new parish as hereinafter provided. tricttobe" ^' ^ n ^ ^ e ** enac ^ ec ^' that a ma P or pl an > setting forth annexed to an( j describing such metes and bounds, shall be annexed scheme, and ° . registered, to the scheme for constituting such district, and trans- 6 d 7 Vict. c. 37. 431 mitted therewith to Her Majesty in Council, and a copy Sect. 10. thereof shall be registered by the registrar of the diocese, together with any order issued by Her Majesty in Council for ratifying such scheme : Provided always, that it shall not be necessary to publish any such map or plan in the London Gazette. XI. And be it enacted, that upon any such district Minister to ■ -n • • i • be n onri- bemg so constituted, a minister may and shall be nomi- nated and . -, ,, . , . „. . , , -. licensed to nated thereto in manner hereinafter provided, and may district. thereupon be licensed thereto by the bishop, and shall have power to perform and shall perform within such district all such pastoral duties appertaining to the office of a minister according to the rites and usages of the United Church of England and Ireland as shall be specified and set forth in his licence, and, when a building shall be licensed within such district for divine worship in manner hereinafter provided, shall also perform such services and offices as shall be specified and set forth in the same or any further licence granted in that behalf by the bishop of the diocese ; and such minister shall perform such pastoral duties, services, and offices respectively, independently of the incumbent or minister of the church of any parish, chapelry, or district out of which such new district or any part thereof shall have been taken, and shall, so far as the performance of the same may be authorized by such licence or licences, have the cure of souls in and over such new district : Provided always, that no burials shall be performed in such licensed building, and that nothing in this Act contained shall empower such bishop to include in any such licence the solemnization of marriages. XII. And be it enacted, that such minister shall be Style and character of styled " the minister of the district of ," according minister; to the name thereof so fixed as aforesaid, and shall be in all respects subject to the jurisdiction of the bishop and archdeacon within whose diocese and archdeaconry such district shall be situate, and shall only be removeable from his office of such minister for the like reasons and in 482 New Parishes Act, 1843. Sect. 12. and power to hold en- dowments. Bishop may license a temporary place of worship. Not to pre- vent mar- riages and burial* in mother church, nor affect cer- tain other rights. the same manner as any perpetual curate is now by law removeable ; and such minister shall be a body politic and corporate, and shall have perpetual succession, as- well by the name and in the character aforesaid, as by the name and in the character of perpetual curate herein- after mentioned and provided, as the case may be ; and such minister and perpetual curate respectively may, in such name and character respectively, notwithstanding the statutes of mortmain, receive and take, to him and his successors, as well every grant of endowment or augmen- tation made or granted by the authority aforesaid, as also any real or personal estate or effects whatsoever which any person or persons or body corporate may give or grant to him according to law. XIII. And be it declared and enacted, that it shall be lawful for the bishop of the diocese, at any time after the constituting of any such district as aforesaid, to license any building, within such district, which he may consider to be fit and proper for such purpose, for the performance of divine service by such minister according to the rites and usages of such united church ; and such minister may for any churchings performed under any such licence receive such fees as shall be fixed and determined in manner hereinafter provided ; and all laws now in force relating to the registration of baptisms shall apply to all baptisms performed under any such licence. XIV. Provided always, and be it enacted, That, until a church or chapel shall have been built or acquired within such district, and shall have been approved and conse- crated as hereinafter provided, nothing herein contained shall prejudice or affect the right of any incumbent of any other church or chapel, who before the constituting of such district possessed the entire cure of souls within the same or any part thereof, to publish any banns, solemnize any marriages, or perform any burials in his own church or chapel which he could have published, solemnized, or performed therein, or to receive any fees, dues, or emolu- Q<£1 Vict, c. 37. 483 ruonts (except the fees hereinbefore authorized to be Sect. 14. received by the minister of such district) which as such incumbent he could have received if such district had not been constituted, nor any right to attend divine service in any other church or chapel, which any inhabitant of such district possessed before such district was constituted. XV. And be it enacted, that when any church or chapel District to J L become a shall be built, purchased, or acquired in any district con- new pariah stituted as aforesaid, and shall have been approved by church , , . , . . , . , , . ... being con- thc said commissioners, by an instrument in writing sccratod. under their common seal, and consecrated as the church or chapel of such district, for the use and service of the minister and inhabitants thereof, such district shall, from and after the consecration of such church or chapel, be and be deemed to be a new parish for ecclesiastical purposes, and shall be known as such by the name of " the new parish of ," instead of "the district of ," according to the name so as aforesaid fixed for such district ; and such church or chapel shall become and be the church o£ such new parish accordingly ; and any licence granted by the bishop, licensing any building for divine worship as aforesaid, shall thereupon become void ; and it shall be lawful to publish banns of matri- mony in such church, and according to the laws and canons in force in this realm to solemnize therein marriages, baptisms, churchings, and burials, and to require and receive such fees upon the solemnization of such offices or any of them as shall be fixed by the chancellor of the diocese in which such new parish shall be situate, and which fees, and also the fees for churchings to be received as aforesaid by the minister of such district, such chan- cellor is hereby empowered and required to fix accordingly; and the like Easter offerings and dues may be received within the limits of such new parish by the perpetual curate thereof as are and were, at and before the time of the passing of this Act, payable to the incumbent of the church of the principal parish of which such new parish u 434 New Parishes Act, 1843. Sect. 15. originally formed a part ; and the several laws, statutes, and customs in force relating to the publication of banns of matrimony, and to the performance of marriages, baptisms, churchings, and burials, and the registering thereof respectively, and to the suing for and recovering of fees, oblations, or offerings in respect thereof, shall apply to the church of such new parish, and to the per- petual curate thereof for the time being : Provided always, that it shall not be lawful for any such minister or perpetual curate to receive any fee for the performance of any baptism, within his district or new parish as the case may be, or for the registration thereof. Minister to XVI. And be it enacted, that upon any such district so become per- . . petuai becoming a new parish, the minister of such district, curate of . new parish, having been duly licensed, shall, without any further process or form in law, become and be perpetual curate of such new parish and of the church thereof, and shall have exclusive cure of souls in and over such parish ; and shall be a body politic and corporate, and have perpetual succession ; and that such parish and church shall be and be deemed to be a perpetual curacy, and a benefice with cure of souls, to all intents and purposes. church- XVII. And be it enacted, that in every such case of a bo chosen, district so becoming a new parish two fit and proper persons, being members of the United Church of Enyland and Ireland, shall, within twenty-one days from the con- secration of the church thereof, be chosen churchwardens for such new parish, one being chosen by the perpetual curate thereof, and the other by the inhabitants, residing therein and having a similar qualification to that which would entitle inhabitants to vote at the election of church- wardens for the principal parish as aforesaid, or the majority of such inhabitants, and such election shall take place at a meeting to be summoned in such manner in all respects as such perpetual curate shall direct ; and such persons shall continue such churchwardens until the next 6 <&1 Vict. c. 37. 435 usual period of appointing parish officers following their Sect. 17. appointment ; and at the like time in every year two such persons shall thenceforward be chosen by the perpetual curate for the time being and inhabitants assembled as aforesaid ; and every person so chosen as aforesaid shall be duly admitted, and shall do all things pertaining to the office of churchwardens as to ecclesiastical matters in the said new parish : Provided always, that nothing herein contained shall render any such churchwardens liable or competent to perform the duties of overseer of the poor in respect of such their office of churchwardens. ■ XVIII. Provided always, and be it enacted, that, until A S, 1 ° ot t0 J ' ' affect paro- Parliament shall otherwise determine, nothing herein con- chiai rights, • &c, other- tained shall be construed to affect or alter any rights, wise than as privileges, or liabilities whatsoever, ecclesiastical or civil, provided. of any parish, chapelry, or district, except as is herein expressly provided. XIX. And be it enacted, that the said recited Acts, so Endow- far as they apply to making better provision for the cure SiSster. of souls, shall extend to authorize the endowment or augmentation of the income of such ministers and per- petual curates as aforesaid, to such an amount or in such proportion, and in such manner, as shall be deemed expedient, by the authority aforesaid ; and also to autho- Compensa- rize the assigning, at any time and from time to time, to cin'lbentof the incumbent of any church or chapel, whose fees, dues, S^S or other emoluments, shall be diminished by, or in con- sequence of any proceeding under the provisions of this Act, and, if it be deemed fit by the like authority, to his successors also, of such an annual sum as shall, upon due inquiry, appear to be a just and reasonable compensation for such diminution. XX. Patronage may be conferred upon contributors to endowment or to a church, or their nominees. u2 43G New Parishes Act, 1843. Sect. 21. XXI. Remaining patronage to be exercised alternately by Crown and bisho]>s. XXII. Powers of bounty board as to endowment under 2 d 3 Ann, c. 11, and 45 Geo. 3, c. 84, conferred upon commissioners for the purposes of this Act, 27 Hen. 8, c. 1G. Extended to ecclesiastical corporations by 14 & 15 Vict. c. 97, s. 24. Powers of 3 & 4 Viet. c. 113. and 4 & 5 Vict. c. 39, ex- tended to this Act. 1 & 2 Vict. c. 10G. XXIII. And be it enacted, that all the powers and authorities vested in Her Majesty in Council and in the said commissioners by the said recited Acts, with reference to the matters therein contained, and all other the pro- visions of the same Acts relating to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and shall apply to Her Majesty in Council and to the said commissioners, and to all schemes and orders prepared, made, and issued by them respectively, with reference to all mattters contained in this Act, as fully and effectually as if the said powers, authorities, and other provisions were repeated herein ; and the provisions contained in an Act passed in the second year of Her Majesty's reign, intituled An Act to abridge the holding of Benefices in Plurality, and to make better provision for the Residence of the Clergy, respecting the party or parties to be deemed patron or patrons, for the purposes of notice to be served upon and consent to be given by such patron or patrons, and also respecting the manner in which and the party by whom any such consent is to be given, shall be construed to apply to the like matters respectively under this Act. XXIV. And whereas it may be expedient that Her Majesty's Commissioners for building new churches should Church building commis- nKgffi be able" to apply a portion of the funds placed at their mhTXr disposal towards promoting the purposes of this Act ; be it enacted, that it shall be lawful for the said commis- Gdl Vict. c. 37. 437 sioners to make any such grant in aid of the erection of Sect. 24. any such new church or chapel as aforesaid as shall seem fit to them, if they are authorized so to do under the Church Building Acts, although the right of patronage of such church or chapel may not belong on the consecration thereof to the incumbent of the original parish in which such church or chapel shall be situate, any thing in such Acts to the contrary notwithstanding. XXV. So much of 17 Car. 2, c. 3, as enables impro- priators to augment {repealed by 1 S 2 Vict. c. 106, s. 15) revived. XXVI. And be it enacted, that this Act shall extend £$ e ™ z £ only to England and Wales, the Isle of Man, the islands g^and or of Guernsey, Jersey, Aldemey, and Sark, and the Stilly Islands. 438 New Parishes Act, 1844. 7 & 8 VICT. Cap. 94. An Act to explain and amend an Act for making Provision for the Spiritual Care of populous Parishes. [9th August, 1844.] Whereas an Act was passed in the last session of Par- 6 &7 Vict, liament, intituled An Act to make better Provision for the Spiritual Care of populous Parishes ; and it is expedient to explain and amend certain of the provisions of the said Act : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same : c. 37. I. Crown may nominate ministers by warrant under sign manual. II. Bishop may license, as to any existing perpetual curacy. III. Warrant without fee. — Fee for licence. IV. Hoiv scheme to be served where incumbent or patron absent from England. V. How where incumbent incapacitated or benefice seques- tered. VI. How where patrons numerous. Construe- VII. And be it declared and enacted, that in the con- cortam struction of the said recited Act the words " goods and e e &rvict. chattels" shall be construed to extend to and com- c - 37 - prebend all personal estate and property whatsoever; 7 d-8 Vict. c. 94. 439 and the word "testament" shall be construed to extend Sect. 7. to and comprehend any will or testamentary paper what- soever, including under such definition the execution by any such will, testament, or testamentary paper of any appointment, in pursuance of any power, howsoever con- ferred or acquired. VIII. And be it declared and enacted, that, notwith- ° r a igi ^ al )lan standing anvthing in the said recited Act contained, it may be ° J ° registered. shall be lawful to transmit the original map or plan annexed to any scheme laid before Her Majesty in Council under the provisions of the said recited Act, to be registered in the registry of the diocese, instead of a copy thereof, as provided by the same Act. IX. And be it declared and enacted, that it shall be Bounds of districts lawful, by the authority in the said recited Act provided, may be at any time or times within twelve months after the date within of the licence of the minister first licensed to any separate timc . ' district constituted under the provisions of the same Act, to alter the bounds of such district, although any altera- tion be not required with a view to the constituting of another separate district : Provided always, that the scheme for making any such alteration shall be subject to all the provisions in the same Act and in this Act con- tained relating to schemes for constituting separate districts thereunder ; and that any portion of any such separate district which by any such alteration as afore- said shall become detached or excluded therefrom shall to all intents and purposes again belong to and form part of the parish, chapelry, or district out of which such portion was taken, upon such separate district being originally constituted, or to and of any new district, as shall be determined by the like authority. By 13 & 14 Vict. c. 94, s. 27, it is provided that the powers and authority relating to the alteration of the boundaries of districts contained in an Act passed in the session of Parliament held in the 440 New Parishes Act, 1844. Note to seventh and eighth years of Her Majesty's reign, intituled An Act Sect. 9. to explain and amend an Act for making better Provision for the Spiritual Care, of populous Parishes, may, as to any such district now existing, notwithstanding the limitation in the same Act con- tained, be exercised at any time within five years from the passing of this Act, and as to every such district hereafter to be constituted within five years from the date of the licence of the minister first licensed thereto, and this notwithstanding that any such district may have become a new parish by virtue of the provisions of the Act under which such district was constituted. Until minister licensed, cure of souls not affected. X. And be it declared and enacted, that in the case of any district constituted under the provisions of the said recited Act nothing contained in the scheme or order for constituting the same shall in any manner whatever affect any parish, chapelry, or district, as to the pastoral super- intendence of the inhabitants thereof or otherwise, until a minister shall have been duly licensed to such newly constituted district. Form of grant or conveyance. XI. And be it enacted, that any grant, conveyance, or assurance which shall be made to the said commissioners by deed, under the authority of the said recited Act, of any lands, tithes, tenements, or other hereditaments, may be made according to the form in the schedule hereunto annexed contained, or as near thereto as the circum- stances of the case will admit ; and every such conveyance and assurance shall be valid and effectual in the law to all intents and purposes. 7 d-8 Vict. c. 94. 441 SCHEDULE. Sched. I [or we, or the corporate title, if a corporation], under the authority of Acts passed in the sessions of Parliament held in the sixth and seventh and seventh and eighth years of the reign of Her present Majesty, intituled respectively, " An Act to make better Provision for the Spiritual Care of populous Parishes," and "An Act to explain and amend an Act to make better Provision for the Spiritual Care of populous Parishes," do by these presents freely and voluntarily, and ■without any valuable consideration, give, grant, convey, and assure to the Ecclesiastical Commissioners for England all [describe the premises to be conveyed] and all [my, or our, or the] right, title, and interest [of, if a corporation] to and in the same and every part thereof, to hold to the said commissioners and their successors for the purpose of [describe the particular purpose, being some purpose within the provisions of the said Acts, or say, generally, for the purposes of the said Acts]. In •witness whereof, d-c. u 3 442 New Parishes Act, 1856. 19 & 20 VICT. Cap. 104. An Act to extend the j^'ovisions of an Act of the sixth and seventh years of Her Majesty, for making better pro- vision for the Spiritual Care of populous Parishes, and further to provide for the Formation and Endow- ment of separate and distinct Parishes. [29th July, 1856.] Whereas it is expedient to afford increased facilities for the subdivision of populous districts, and for the forma- tion thereout of separate and distinct parishes for all ecclesiastical purposes, and also to make better provision for the endowment and augmentation of poor livings in 6 37 7 ViCt ' England and Wales : And whereas by an Act passed in the sixth and seventh years of Her Majesty, chapter thirty. 7 & 8 Vict, seven, and by another Act passed in the seventh and eighth years of Her Majesty, chapter ninety-four, the Ecclesiastical Commissioners for England are empowered, in the case of parishes, chapelries, and districts of great extent, and containing a large population, to constitute any part or parts thereof a separate district for spiritual purposes, such district not at the time of so constituting the same containing within its limits any consecrated church or chapel, and it is expedient that the provisions of the said Act relative thereto, and to the matter and things consequent thereon, should be extended and amended in manner following : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : that ■^ I. It shall be lawful to constitute districts under the newdis- provisions of the said Acts, notwithstanding that there 19 d 20 Vict. c. 104. 443 may be within the limits of any such district a conso- Sect. 1. crated church or chapel, any local Act to the contrary tI -icts under notwithstanding. II. It shall be lawful for the commissioners, in the ^g^ing scheme for constituting any district, to specify somo a church to . -i • • a ii become a existing or intended church withm the district as tlu v new parish on bcincr parish church of such district, and immediately upon the constitute. i issuing of the order of Her Majesty in Council ratifying dSctby such scheme such district shall become and be a new council? parish, and such church, when consecrated, the church thereof, and the incumbent of such church the incumbent thereof, in the same manner, and to the same extent, to all intents and purposes, as is contemplated with respect to new parishes formed under the said Acts, and to the churches and incumbents thereof respectively ; and the incumbent of such church shall be liable to the perform- ance of all pastoral duties within the limits of such new parish. III. It shall be lawful to recommend the constitution of ^.'^ such district without providing in the scheme for the ^? 1 "^ur ted same the permanent endowment required by the ninth providing „ . .» ., i it ,! endowment section of the first-recited Act, if it shall appear to the as required commissioners, and shall be declared in the said scheme, e & 7 vict. that there is reason to expect from other sources an c ' adequate maintenance for the incumbent. IV. The powers and provisions centained in the twenty- fWJy.?? of second section of the said first-recited Act, enabling any c. 37, to person or body corporate to give and grant lands, tithes, ecclesias- tenements, or other hereditaments, goods, or chattels, collegiate for the purposes of the said Act, shall be construed and uon 8 ° ra held to authorize any ecclesiastical or collegiate corpora- tion, aggregate or sole, to give or grant any lands, tithes, tenements, or other hereditaments, goods, or chattels, belonging to such corporation, in such manner as in the said firstly and secondly recited Acts mentioned, for the 444 New Parishes Act, 1856. Sect. 4. purposes of the said recited Acts or of this Act : Provided always, that the said powers shall not be exercised by the incumbent of any benefice with cure of souls without the consent of the patron of such benefice. pewBtaittfl ^' Every person resident within the limits of any new old parish parish or district already formed under any of the Church church not . J J to be re- Building Acts, or hereafter to be formed under the pro- tamed after ..„ . , ... _ occupation visions oi the said Acts oi the sixth and seventh years of in the new. Her Majesty, chapter thirty-seven, and the seventh and eighth years of Her Majesty, chapter ninety-four, or of this Act, who shall have claimed and have had assigned to him sittings in the church of such new parish, shall thereby surrender, as to any right that he may have possessed, an equal number of sittings in the church of the original parish or other ecclesiastical district out of which such parish shall have been taken, unless such last-mentioned sittings be held by faculty or under an Act of Parliament. VI. Pew rents may be taken according to scale, and applied towards repair of church and providing endowment. VII. Upon permanent endowment of any church or chapel a proportionate number of sittings to be declared free, or scale of pew rents to be reduced. VIH. Scale of pew rents may be altered. sextontobe ^* ^he parish clerk and sexton of the church of any by incum- P ai "i su constituted under the said recited Acts or this Act bent - shall and may be appointed by the incumbent for the time being of such church, and be by him removable, with the consent of the bishop of the diocese, for any misconduct. Freeholds x. The freehold of the site of the church of any new of titles of . . churches parish created under this Act or the said firstly and grounds to secondly recited Acts, and of the churchyard, burial 19 £ 20 Vict. c. 104. ground, and vaults belonging thereto, with the rights, Sect. 10. members, and appurtenances thereof, but in case the vestliT" same shall be vested in any vestry by any local Act of incumbenta - Parliament then not without the consent of such vestry, and the house of residence, with the appurtenances thereof, and all the lands, tithes, tenements, heredita- ments, and other endowments belonging to such church, •or held by or vested in any person or body corporate in trust exclusively for or for the exclusive benefit of the incumbent of such church, shall become and be vested in such incumbent and his successors for ever, and be held and enjoyed by him and them in right of such incum- bency ; and all lands, tenements, or hereditaments granted or conveyed for the site of any church, and upon which any church shall be built, or for a burial ground, shall from and after the consecration of such church and burial ground respectively remain and be freed from and dis- charged of all the estate, right, title, interest, claim, and demand of any person, body politic or corporate whatso- ever, unto or out of the same or any part thereof respec- tively, subject nevertheless to any rent that may be reserved thereout, and to the covenants and conditions subject to which the same may have been granted or conveyed. XI. From and after the commencement of this Act, the Offices of commissioners may, if they shall think fit, upon applica- tobeper- tion of the incumbent of any church or chapel to which a an churches district shall belong, with the consent in writing of the JJJj SSJ^L bishop of the diocese, make an order, under their common ? iou of L th( : x . _ ' incumbent. seal, authorizing the publication of banns of matrimony and the solemnization therein of marriages, baptisms, churchings, and burials, according to the laws and canons now in force in this realm ; and all the fees payable for the performance of such offices, as well as all the mor- tuary and other ecclesiastical fees, dues, oblations, or offerings arising within the limits of such district, shall be payable and be paid to the incumbent of such district. 446 New Parishes Act, 1856. Sect. 12. Reserved fees to be- long to original Incumbent until first avoidance, then to the incumbent of new parish. XII. In every case in which all or any part of the fees or other ecclesiastical dues arising within the limits of any district or payable in respect of marriages, baptisms, churchings, and burials in the church or chapel thereof, or of such fees as are hereby made payable to the incumbent of any district, shall have been reserved, or if such last- mentioned order had not been made would of right belong to the incumbent of the original parish, district, or place out of which the district of such church or chapel shall have been taken, or to the clerk thereof, an account of such fees shall be kept by the incumbent of such church or chapel, who is hereby required to receive and every three months pay over the same to the incumbent and clerk respectively who would have been entitled to them in case such districts had not been formed ; and from and after the next avoidance of such incumbency, or the re- linquishment of such fees by such incumbent, and after the situation of such clerk shall have become vacant, or after a compensation in lieu of fees has been awarded to such clerk by the bishop of the diocese, which he is hereby empowered to do, such reservation shall altogether cease and determine ; and all such fees and dues shall belong to the incumbent of the district within which the same shall arise, or to the clerk of the church thereof. In the case of a consolidated chapelry created under 59 Geo. 3, c. 13i, the words ■• such incumbent" in this section means the in- cumbents of all the parishes out of which the chapelry has been formed. (Jones \. Gough, 2 Moore P. C. C. (x.s.) 81; 11 Jur. (N.S.) 251 ; 13 W. R. 509 ; 12 L. T. (n.s.) 31.) Provisions of 19th section of 6 & 7 Vict. c. 37, ex- tended. XIII. The provisions contained in the nineteenth section of the sixth and seventh Victoria, chapter thirty- seven, relating to compensation to be given as therein mentioned, shall be applicable to and may be exercised by the commissioners in like manner with respect to persons affected by the provisions of this Act. Districts XIV. Wheresoever or as soon as banns of matrimony may become "L separaf and the solemnization of marriages, churchings, and 19 d- 20 Vict. c. 104. 447 baptisms according to the laws and canons in force in Sect. 14. this realm are authorized to be published and performed am i distinct in any consecrated church or chapel to which a district i janshes - Bhall belong, such district not being at the time of the passing of this Act a separate and distinct parish for ecclesiastical purposes, and the incumbent of which is by such authority entitled for his own benefit to the entire fees arising from the performance of such offices without any reservation thereout, such district or place shall become and be a separate and distinct parish for ecclesi- astical purposes, such as is contemplated in the fifteenth section of the first-recited Act, and the church or chapel of such district shall be the church of such parish, and all and singular the provisions of the said firstly and secondly recited Acts (as amended by this Act) relative to new parishes, upon their becoming such, and to the matters and things consequent thereon, shall extend and apply to the said parish and church as fully and effectually as if the same had become a new parish under the provisions of the said last-mentioned Acts. A new church was built and endowed, and had a district assigned to it, and a fund provided for repairs under 1 & 2 Will, 4, c. 38, and the bishop, under 6 & 7 Will. 4, c. 85, gave his licence for the publication of banns and solemnization of marriages therein, and for taking the same fees as were taken in the mother church. Hihl. that the authority intended by this section was not a licence by the bishop, which, by 6 & 7 Will. 4, c. 85, is revocable, but an authority under the order of the commissioners, under 19 & 20 Vict. c. 104, s. 11, and therefore the district did not become a distinct parish within that section. {Reg. v. Perry, 7 Jur. (N.S.) 655 ; 3 E. & E. 640 ; 30 L. J. Q. B. 141 ; 9 W. R. 383 ; 3 L. T. (N.S.) 885.) In 1851 the church of St. T. was built and consecrated, and in 1S52 a district was assigned to it by Order in Council (as a chapel of ease) under 58 Geo. 3, c. 45, and 59 Geo. 3, c. 134, s. 16, out of the ancient parish of W. At that time the deceased inhabitants were all buried in the parish churchyard. By the act of consecra- tion and ( hrder in Council, authority was given to perform baptisms, marriages, and burials in the new church, and the fees were to be received by the incumbent of the district. A burial ground having been provided for the whole parish (the district of St. T. contributing to the expense), and the old churchyard closed, it was held that the district of St. T. became a distinct and new parish under this section upon the passing of this Act, and that the incumbent was, under 20 & 21 Vict. c. 81, s. 5, entitled to the fees on the burials of the inhabitants of the district in the parish burial ground upon the 448 New Parishes Act, 1856. Note to resignation of the rector of the ancient parish. (Oronshaw v. The Qpof 14 Wigan Burial Board, L. R. 8 Q. B. 217 ; 42 L. J. Q. B. 137 ; 28 _ L. T. 283.) The publication of the banns of marriage and the solemnization of marriage are " ecclesiastical purposes " within the meaning of this section, and, where a district becomes within this section a separate and distinct parish for ecclesiastical purposes, the incum- bent of such parish has the exclusive right of performing the office of marriage in the case of persons resident in his parish, and of receiving the fees for such marriages, and the incumbent of the mother parish has no right to solemnize such marriages in the church of the mother parish or to receive fees for the same. (Fuller v. Alford, 10 Q. B. D. 418.) incumbents XV. The incumbent of every new parish created or of new J L parishes to] hereafter to be created pursuant to the provisions of the have exclu- . sive cure said firstly and secondly recited Acts or of this Act shall, therein. saving the rights of the bisbop of the diocese, have sole and exclusive cure of souls and the exclusive right of performing all ecclesiastical offices within the limits of the same, for the resident inhabitants therein, who shall for aU ecclesiastical purposes be parishioners thereof, and of no other parish, and such new parish shall, for the like purposes, have and possess all and the same rights and privileges, and be affected with such and the same liabili- ties, as are incident or belong to a distinct and separate parish, and to no other liabilities : Provided always, that nothing herein contained shall be taken to affect the legal liabilities of any parish regulated by a local Act of Parlia- ment, or the security for any loan of money legally borrowed under any Act of Parliament or otherwise. XVI. Provisions contained in sect. 20 of 6 <& 7 Vict, c. 37, extended. XVII. Patronage may be conferred upon contributors to endowment or their nominees, upon certain considerations. This section is partly repealed by 32 & 33 Vict. c. 94, s. 10. XVIII. Assignment of patronage to be made with certah consents. XIX. Notices to be sent to patrons. 19 d 20 Vict. c. 104. 449 XX. Who to be deemed patrons. Sect. 20. XXI. Patronage not to be sold. Penalty of lapse for so doing. XXII. Patronage may be vested in certain cases in incum- bent of original jwrish. XXIII. Lands, tithes, dc, and other endowments to vest in incumbent and his successors. XXIV. Appointment of trustees, dc. XXV. It shall be lawful for the commissioners, by the Parishes authority aforesaid, and subject to such consents as are vided, with hereinafter mentioned, to divide any parish into two or consents, more distinct and separate parishes for all ecclesiastical purposes whatsoever, and to fix and settle the respective proportion of tithes, glebe lands, and other endowments which shall arise, accrue, remain, and be within each of such respective divisions, according as by the like autho- rity shall be deemed advisable ; and the order made by Her Majesty in Council, ratifying the scheme for such division, shall be good and valid in law for the purpose of •effecting the same ; and such scheme shall set forth the particular expediency of such division, and how far it may be necessary in consequence thereof to make any altera- tion in ecclesiastical jurisdiction, and how the changes consequent upon such division in respect of patronage, rights of pew holders, and other rights and privileges, glebe lands, tithes, rent-charges, and other ecclesiastical dues, oblations, offerings, rates, and payments, may be made with justice to all parties interested ; and such scheme shall also contain such directions and regulations relative to the duties and character of the incumbents of the respective divisions of such parish, and to the per- formance of the offices and services of the church in the respective churches thereof, and to the fees to be taken for the same respectively, and to any other matter or thing which may be necessary or expedient by reason or in consequence of such change : Provided always, that 450 New Parishes Act, 1856. Sect. 25. such division shall be made in the following cases with the following consents only ; that is to say, in the case of a benefice in the patronage of the Crown, or in the Chan- cellor of the Duchy of Lancaster for the time being, or of the Duke of Cornwall, or of any archbishop or bishop, or of any lay or ecclesiastical corporation aggregate, or of a benefice in private patronage, with the consent of the patrons thereof respectively, with the consent of the bishop of the diocese, such consents to be testified as aforesaid : And provided also, that no such provision shall take effect until after the first avoidance then next ensuing of the church of the parish to be so divided, unless with the consent in writing of the actual incumbent thereof. XXVI. In new parishes and parishes already divided, a division and resettlement of endowments may be made. As to pro- XXVII. For the purpose of providing for the incumbent Tiding . houses of of any church or chapel a convenient house of residence, for spiritual or for a site thereof, or for a garden or glebe thereto, it serving any shall be lawful for any body or person who shall give, chapel! ° r grant, or convey to the Ecclesiastical Commissioners for England any messuage, lands, tenements, or heredita- ments, to give or grant the same, and for the said com- missioners to receive the same, subject to such conditions and stipulations, for the purpose of more effectually securing the same to and for the use of such spiritual person aforesaid and his successors for ever, as may be agreed upon between the said commissioners and the body or person so giving or conveying the same. XXVIII. Churchwardens to be paid compensation for rights of common. Nothing to XXIX. Nothing herein contained shall be construed to Visions ot affect or alter the provisions of the Parish of Manchester c 4i, &c. " Division Act, 1850, or to affect or alter any existing or special rights, privileges, or liabilities whatsoever, eccle- 19 tO 20 Vict. c. 104. 451 siastical or civil, of any parish, district, or place, except Sect. 29. as is herein otherwise provided. XXX. All the powers and authorities vested in Her r" w01 ^. of * 3 & 4 VlCt. Majesty in Council and the Ecclesiastical Commissioners c - 113 > ani1 for England hy an Act of the third and fourth years of c-3», ex.- Her Majesty, chapter one hundred and thirteen, and hy this Act. an Act of the fourth and fifth years of Her Majesty, chapter thirty-nine, with reference to the matters therein contained, and all other the provisions of the same Acts relative to schemes and orders prepared, made, and issued for the purposes thereof, shall be continued and extended and shall apply to Her Majesty in Council, and to the commissioners, and to all schemes and orders prepared, made, and issued by them respectively with reference to all matters contained in this Act, as fully and effectually as if the .said powers, authorities, and other provisions were repeated herein, and the said recited Acts and this Act shall be read and construed as one and the same Act. XXXI. It shall be lawful for the commissioners, with Commis- ' sioners may the consent of the bishop of the diocese and of the patron apportion and incumbent of the church of any parish, to apportion any sum arising from a permanent endowment belonging to such church, and applicable to the repair and main- tenance thereof, to the repair or maintenance of any church or churches situated within the original limits of such parish, anything contained in any local Act to the contrary notwithstanding. XXXII. For the purposes of the Acts concerning or For i 11 "'- *• * ° poses or regulating the burial of the dead, every parish created burial, under the said recited Acts or this Act shall be held to be ecclesi- •17 & 48 Vict. c. 65. 459 47 & 48 VICT. Cap. 65. An Act to farther amend the New Parishes Acts and the Church Building Acts. [14th August, 1884.] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. This Act may be cited as the New Parishes Acts and Short title. Church Building Acts Amendment Act, 1884 : Amendment of New Parishes Acts. II. (1) Where, under the New Parishes Acts, 1843, P° wer to v > ' . 7 ' dissolve 1844, and 1856, or any of them, a district has been con- district stituted, but a church has not been provided for or under New • 1*11*1 sllGS allotted to such district, it shall be lawful for the Ecclesi- Acts. astical Commissioners for England, if it appears to them £. 37. 1C ' expedient, to submit (with the consent of the bishop of ^ 4 8Vlct- the diocese under his hand) to Her Majesty in Council a 19 &20Vict. scheme for the dissolution of such district, and for the reincorporation of its area or parts or part thereof in the parish or parishes or district or districts, out of which it was constituted, or for the addition of its area or parts or part thereof to some other parish or parishes or district or districts, as to the said commissioners may appear most expedient. (2) If an endowment has been provided for the district so dissolved, any scheme under this section shall provide for its return to and revesting in the body or person who provided the same ; and any such scheme may contain such other incidental or auxiliary provisions as the said commissioners may deem necessary or proper. x 2 460 New Parishes & Church Building Acts Amendment Act, '84 Sect. 2. (3) The draft of any scheme made under this section must be delivered or transmitted to every incumbent or minister and patron affected thereby ; and such scheme shall not be submitted to Her Majesty in Council until after the expiration of one month next after such draft shall have been so delivered or transmitted, unless every such incumbent or minister and patron shall in the mean- time consent thereto ; and if any person shall at the time of the ratification of such scheme be the incumbent or minister of the district proposed to be dissolved, the scheme shall not have any operation unless and until such person shall have consented thereto, or shall have ceased to be such incumbent or minister. (4) A map or plan showing every alteration of boun- daries proposed to be effected by a scheme under this section shall be annexed to the draft scheme, and a copy of such map or plan settled so as to correspond with the provisions of the scheme as ratified, shall be registered by the registrar of the diocese, together with any order of Her Majesty in Council ratifying such scheme, but it shall not be necessary to publish any such map or plan in the London Gazette. (5) Subject as aforesaid, the provisions of the said New Parishes Acts relative to the making, publication, and ratification of schemes shall apply to schemes under this section. men"of ***• ^e powers as to alterations of boundaries con- sect, l of tained in the first section of the New Parishes Acts and c.94. Church Building Acts Amendment Act, 1869, shall be applicable and may be exercised in the case of any district constituted under the New Parishes Acts, 1843, 1844, and 1856, or any of them, in which no church shall have been provided and consecrated, as well as in the case of a district which shall have become a new parish for ecclesi- astical purposes. 47 & 48 Vict. c. 65. 461 Amendment of Church Building Acts. IV. (1) Where a church or chapel has been constituted Sect. 4. the parish church of a parish in the stead of the ancient parish church under the Act passed in the year 1838, *J™£* " To amend and render more effectual the Church Build- jjgf™^ ing Acts," and provision has been made under section under sect. © •*- . n , -1 I" or 1 W X eighteen of the same Act for the maintenance ot the vict. c. 107, „ i« 1 1 "ii with respect ministers and clerks of the respective churches, or either to ap piica- of them, out of the pew rents of either of such churches, J, 1 ™ ° ents# it shall be lawful for the Ecclesiastical Commissioners for England from time to time by deed under their common seal, made with the consent of the bishop of the diocese, and of every patron and minister affected thereby, to revoke in whole or part or in any way to alter as they may see fit the deed or other instrument making such provision. (2) A consent under this section must be testified by writing under the hand of the person giving the same, and attested by at least one witness. (3) Any deed or other instrument making such pro- vision as aforesaid, which is expressed to be revoked or altered by a deed duly made in compliance with this section, shall to the extent of such revocation or alteration cease to be in force and become of no effect. V. The Acts specified in the schedule to this Act may IJflggg" together with this Act be collectively cited as the Church ^"j™ Building Acts, 1818 to 1884 ; and each of the said Acts may be cited by the short title in the third column of that schedule. 462 Neiv Parishes d Church Building Acts Amendment Act, '84. Sched. SCHEDULE. Church Building Acts. Session and Chapter. 58 Geo. 3. c. 45. [1818.] 59 Geo. 3, c. 134. [1819.] 3 Geo. 4, c. 72. [1822.] 5 Geo. 4, c. 103. [1824.] An Act for building and promoting the building of additional churches in populous parishes. An Act to amend and render more effectual an Act passed in the last session of Parlia- ment, for building and promoting the building of additional churches in populous parishes. An Act to amend and render more effectual two Acts passed in the fifty-eighth and fifty-ninth years of His late Majesty, for building and pro- moting the building of additional churches in populous parishes. An Act to make further provision, and to amend and render more effectual, three Acts passed in the fifty-eighth and fifty- ninth years of His late Majesty, and in the third year of His present Majesty, for building and pro- moting the building of additional churches in populous parishes. Short Title. The Church Building Act, 1818. The Church Building Act, 1819. The Church Building Act, 1822. The Church Building Act, 1824. 47 d 48 Vict. c. 65. Session and Chapter. 7 & 8 Geo. 4, c. [1827.] 72. Long Title. 1 & 2 Will. 4, c. 38. [1831.] 2 & 3 Will. 4, c. 61, [1832.] 1 & 2 Vict. c. 107. [1838.] 2 & 3 Vict. c. 49. [1839.] An Act to amend the Acts for building and promoting the building of additional churches in populous parishes. An Act to amend and render more effectual an Act passed in the seventh and eighth years of the reign of His late Majesty, in- tituled " An Act to amend the Acts for building and promot- ing the building of additional churches in populous parishes." An Act to render more effectual an Act passed in the fifty- ninth year of His late Majesty King George the Third, intituled "An Act to amend and render more effectual an Act passed in the last ses- sion of Parliament, for building and pro- moting the building of additional churches in populous parishes." An Act to amend and render more effectual the Church Building Acts. An Act to make better provision for the as- signment of ecclesi- astical districts to churches or chapels augmented by the Governors of the Bounty of Queen Anne, and for other purposes. Short Title. 468 Sched. The Church Building Act, 1827. The Church Building Act, 1831. The Church Building Act, 1832. The Church Building Act, 1838. The Church Building Act, 1839. 464 Xew Parishes & Church Building Acts Amendment Act, '84. Sched. Session and Chapter. 3 & 4 Vict. c. 60. [1840.] 7 & 8 Vict. c. 56. [1844.] 8 & 9 Vict. c. 70. [1845.] 9 & 10 Vict. c. 68. [1846.] 11 & 12 Vict. c. 37. [1848.] 14 & 15 Vict. c. [1851.] 17 & 18 Vict. c. [1854.] 32. Long Title. An Act to further amend the Church Building Acts. An Act concerning banns and marriages in certain district churches or chapels. An Act for the further amendment of the Church Building Acts. An Act for better en- abling the burial service to be per- formed in one chapel where contiguous burial grounds shall have been provided for two or more parishes or places. An Act to amend the law relative to the assignment of eccle- siastical districts. An Act to amend the Church Building Acts. An Act to facilitate the apportionment of the rent when parts of lands in lease are taken for the pur- poses of the Church Building Acts. Short Title. The Church Building Act, 1840. The Church Building (Banns and Mar- riages) Act, 1844. The Church Building Act, 1845. The Church Building (Burial Service in Chapels) Act, 1846. The Church Building Act, 1848. The Church Building Act, 1851. The Church Building Act, 1854. 47 i6 48 Viet. c. 65. Session and Chapter. Long Title. Short Title. 19 & 20 Vict. c. 55. An Act for transfer- The Church Building [1856.] ring the powers of Commissioners the Church Building (Transfer of Commissioners to the Powers) Act, 1855. Ecclesiastical Com- missioners for Eng- land. 32 & 33 Vict. c. 94. An Act to amend the The New Parishes [1869.] New Parishes Acts Acts and Church and Church Building Building Acts Acts. Amendment Act, 1869. 465 Sched. x 3 SITES FOE PLACES OE WORSHIP AND BURIAL. 36 & 37 VICT. Cap. 50. An Act to afford further facilities for the Conveyance of Land for Sites for Places of Religious Worship and for Burial Places. [21st July, 1873.] Whereas it is expedient to afford greater facilities for granting sites for buildings for religious worship and for burial places in England and Wales : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Landlords I. Any person or persons being seised or entitled in empowered • i «■ »i n •/• • to convey fee simple, fee tan, or for life or lives of or to any manor used as sites or lands of freehold tenure, and having the beneficial worshiped interest therein, and being in possession for the time the mi 1 - 06 ° f being, may grant, convey, or enfranchise by way of gift, ntster. ga j Gj or esc h an g e j n f ee simple, or for any term of years, any quantity not exceeding one acre of such land, not being part of a demesne or pleasure ground attached to any mansion house, as a site for a church, chapel, meeting house, or other place of divine worship, or for the resi- dence of a minister officiating in such place of worship or in any place of worship within one mile of such site, or for a burial place, or any number of such sites, pro- vided that each such site does not exceed the extent of cease to be one acre : Provided also, that no such grant, conveyance, 36 i re Marquis of Salisbury and Ecclesiastical Commis- sioners, 2 Ch. D. 29 ; 45 L. J. Ch. 250; 34 L. T. 5; 24 W. R. 380.) II. The purchase money or enfranchisement money or As to pay- i r * 1 mentor money to be received for equality ot exchange on any purchase such sale, enfranchisement, or exchange shall, if such sale, n enfranchisement, or exchange be made by any person or persons seised or entitled in fee simple or fee tail, be paid to the person or persons making such sale, enfranchise- 468 Places of Worship Sites Act, 1873. Sect. 2. ment, or exchange, but if such sale, enfranchisement, or exchange be made by any person or persons seised or entitled for life or lives only, then such purchase money, or enfranchisement money, or money to be received for equality of exchange, shall be paid to the existing trustees or trustee (if any) of the instrument under which such person or persons is or are so seised or entitled, to be held by them upon the trusts upon which the land con- veyed for such site was held, or if there be no such existing trustees or trustee to two or more trustees to be nominated in writing by the person or persons making such sale, enfranchisement, or exchange ; and the receipt of any person or persons to whom such money is hereby directed to be paid shall effectually discharge the person or persons paying such purchase or enfranchisement money or money for equality of exchange therefrom, and from all liability in respect of the application thereof; and the trustees so to be nominated as aforesaid shall invest such purchase or enfranchisement money or money to be received for equality of exchange in the purchase of other lands or hereditaments to be settled to the same uses and trusts as the land conveyed for such site should have stood limited to ; and until such investment, such pur- chase or enfranchisement money or money to be received for equality of exchange shall be invested upon such secu- rities or investments as would for the time being be authorized by statute or by the Court of Chancery, and for the purposes of devolution and enjoyment shall be treated as land subject to the same uses and trusts as the land conveyed for such site should have stood limited to. Persons under dis- ability em- powered to convey lands for the pur- poses of the Act. III. Where any person or persons is or are equitably entitled to any manor or lands, but the legal estate therein shall be in some trustee or trustees, it shall be sufficient for such person or persons to convey or otherwise assure the same for the purposes of this Act without the trustee or trustees being party or parties to the conveyance or other assurance thereof, and where any married woman shall be 36 £ 37 Vict. c. 50. 469 •seised or possessed of or entitled to any estate or interest, Sect. 3. manorial or otherwise, in land proposed to be conveyed or otherwise assured for the purposes of this Act, she and her husband may convey, or otherwise assure the same, for such purposes by deed without any acknowledgment thereof; and where it is deemed expedient to purchase any land for the purposes aforesaid belonging to or vested in any infant or lunatic, such land may be conveyed or otherwise assured by the guardian of such infant or the committee of such lunatic respectively, who may receive the purchase money for the same, and give valid and suffi- cient discharges to tbe party paying such purchase money, who shall not be required to see to the application thereof ; a,nd in every such case respectively the legal estate shall, by such conveyance or other assurance, vest in the trustees of such place of worship or residence ; and if any land taken under this Act be subject to any rent, and part only of the land subject to any such rent be required to be taken for the purposes of this Act, the apportion- ment of such rent may be settled by agreement between the owner of such rent and the person or persons to whom the land is conveyed ; and if such apportionment be not so settled by agreement, then the same shall be settled by two justices as provided in " The Lands Clauses Consoli- dation Act, 1845," section 119: Provided nevertheless, that nothing herein contained shall prejudice or affect the right of any person or persons entitled to any charge or incumbrance on such land. IV. All gifts, grants, conveyances, assurances, and Form of leases of any site for a place of worship, or the residence of a minister, under the provisions of this Act, in respect of any land, messuages, or buildings, may be made according to the form following, or as near thereto as the circumstances of the case will admit; (that is to say,) "I [or we] under the authority of an Act passed in the thirty-sixth and thirty-seventh years of Her Majesty 470 Places of Worship Sites Act, 1873. Sect. 4. Queen Victoria, intituled ' An Act to afford further facili- ties for the conveyance of land for sites for places of religious worship and for burial places,' do hereby freely and voluntarily, and without any valuable consideration, [or, do, in the consideration of the sum of pounds to me or the said paid] grant [alienate] and convey [or lease] to A. B. all [description of the premises'], and all [my or our or the right, title, and interest of the] to and in the same and every part thereof, to hold unto and to the use of the said and his or their heirs, or executors, or administrators, or successors, for the purposes of the said Act, and to be applied as a site for a place of worship, or for a residence for a minister or ministers officiating in , or for a burial place, and for no other purposes whatever. [In case the site be con- veyed to trustees, a clause providing for the removal of the trustees, arid in cases where the land is purchased, exchanged, or demised, usual covenants or obligations for title may be added.'] " In witness whereof, the conveying and other parties have hereunto set their hands and seals, the day of " Signed, sealed, and delivered by the said in the presence of of ." One witness to the execution of the document by each party shall be sufficient, and any assurance under this Act shall be and continue valid if otherwise lawful, although the donor or grantor shall die within twelve calendar months from the execution thereof. Ecciesiasti- V. The persons hereinbefore specified may convey, by calCommis- * L J J' J sionersmay way of gift, sale, or exchange, any site or sites, not I i C CO i J v W • ft ^ rt trusts. exceeding in the case of any one site the quantity afore- said, for any of the purposes of the Church Building Acts, to the Ecclesiastical Commissioners for England, or as such commissioners may direct, and such commissioners 36 <€• 37 Vict. c. 50. 471 may also act as trustees for the purpose of faking and Sect. 5. holding any sites granted under this Act ; and all con- — veyanccs made under this present enactment shall be deemed to be made under the Church Building Acts, and the land conveyed shall vest in conformity with such conveyances and the Church Building Acts. VI. The provisions of this Act shall not extend to Extent of L Act. Scotland or Ireland. VII. This Act may be cited as " The Places of Worship short title. Sites Act, 1873." 472 Places of Worship Sites Amendment Act, 1882. 45 & 46 VICT. Cap. 21. An Act to amend the Places of Worship Sites Act, 1873. [12th July, 1882.] 36&37Vict. Whereas by the Places of Worship Sites Act, 1873, faci- lities are afforded for the conveyance of pieces of land not exceeding in quantity one acre for sites for places of reli- gious worship and for burial places, but doubts have been entertained whether conveyances can be made under that Act by corporations and public bodies, and it is expedient to remove such doubts : And whereas cases have arisen in which tenants for life are unable to make conveyances under the said Act by reason that the person next entitled to the manor or lands for a beneficial interest in fee simple or fee tail is unborn or unascertained ; and it is expedient to grant increased facilities for making such conveyances : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Conveyance I. The Places of Worship Sites Act, 1873, shall be of lands by ,. r corpora- construed as extending to authorise any corporation, other public ecclesiastical or lay, whether sole or aggregate, and any officers, justices of the peace, trustees, or commissioners holding land for public, ecclesiastical, parochial, charitable, or other purposes or objects, to grant, convey, or enfran- chise for the purposes of the Act such quantity of land as therein mentioned : Provided as follows : (a) An ecclesiastical corporation sole, being below the dignity of a bishop, shall not make any such 45 <& 46 Vict. c. 21. 478 grant without the consent in writing of the Sect. 1. bishop of the diocese to whose j urisdiction he is subject : ib) A municipal corporation shall not make any such grant without the consent in writing of the Commissioners of Her Majesty's Treasury : (c) Parochial property shall not be so granted without the consent of a majority of the ratepayers and owners of property in the parish to which the property belongs, assembled at a meeting to be convened according to the mode pointed out in the Act of the session held in the fifth and sixth will. 4, years of the reign of King William the Fourth, c- 69- chapter 69, intituled " An Act to facilitate the conveyance of workhouses and other property of parishes, and of incorporations or unions of parishes in England and Wales," and of the Local Government Board and of the guardians of the poor of the parish or of the union com- prising the parish, testified by their being parties to the conveyance : (d) Property held on trust for charitable purposes shall not be so granted without the consent of the Charity Commissioners for England and Wales : II. The said Act shall be construed as extending to Power for ° limited authorise any person seised or entitled only for life or owner in J * case of lives of or to any manor or lands of freehold tenure to unborn or make such grant, conveyance, or enfranchisement as is tained mentioned in the said Act in cases where the person next , na n to entitled to the same for a beneficial interest in remainder conve y> &c - in fee simple or fee tail is unborn or unascertained : Pro- vided that no such grant, conveyance, or enfranchisement made by any such person seised only for a life or lives shall be valid unless the person seised or entitled for a -eneficial interest for life or lives, or for an estate in fee 474 Places of Worship Sites Amendment Act, 1882. Sect. 2. simple or fee tail (as the case may be) in remainder immediately expectant on the estate of such unborn or unascertained person of or to such manor or lands (if any, and if legally competent) shall be a party to and shall join in the same ; and if there be no such person, or if such person be not legally competent, unless the trustees or trustee (if any) of such manor or lands during the suspense or contingency of the then immediate or expectant estate in fee simple or fee tail in such manor or lands shall in like manner concur. short title in. This Act maybe cited as the Places of Worship Sites Amendment Act, 1882. CONSECRATION OF CHURCHYARDS ACTS. BO & 31 VICT. Cap. 133. An Act relating to the Consecration of Churchyards. [20th August, 1867.] Whereas it is expedient to diminish the expense attendant on the consecration of portions of ground adjoining and added to existing churchyards : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. Where any ground adjoining to an existing church- ?™™ j£ r yard has been or is added thereto, the bishop of the ^ t i ^ f tni " diocese may, if he thinks fit, at the churchyard or in the consecration church to which it belongs, by his own hand, or by the yard hand of any bishop of the United Church of England and presence of r i i i n ii • , i i • • • chancellor, Ireland lawfully appointed as his commissary, sign an &c . instrument declaring or recording the consecration of such ground, without the presence of the chancellor or registrar of the diocese being necessary ; and the sig- nature of the bishop to such instrument shall be attested by the chancellor or by a surrogate or by any two clergy- men of the diocese, and shall be in the following form, endorsed on a plan of the ground so added : I, A.B., bishop of , do hereby declare and record the ground added to the churchyard of , as on the within plan, to be consecrated ground and part of the said churchyard ; and such instrument, so signed and attested, on being deposited in the registry of the diocese, shall have the same effect as a sentence of consecration. 476 Consecration of Churchyards Act, 1867. Sect. 2. II. No officer of the bishop or of the diocese shall No officer receive any fee for attendance at such consecration, or to take fee., any allowance for travelling or for attendance. Fee for in. A fee of five shillings shall he payable to the registrar for the deposit of every such instrument of consecration. Powers IV. And whereas by an Act passed in the fourth and tbat from and after the thirty-first day of baptisms December, one thousand eight hundred and twelve, &c - registers of public and private baptisms, marriages, and burials solemnized according to the rights of the United Church of England and Ireland within all parishes or chapelries in England, whether subject to the ordinary or peculiar or other jurisdiction, shall be made and kept by the rector, vicar, curate, or officiating minister of every parish, or of any chapelry where the ceremonies of baptism, marriage, and burial have been usually and may (a) 6 & 7 Will. 4, c. 86, which provides for establishing a com- plete register of births, deaths, and marriages in England, contains the following proviso (sect. 49) : " Provided always, and be it enacted, that nothing herein contained shall affect the registration of baptisms or burials as now by law established, or the right of any officiating minister to receive the fees now usually paid for the performance or registration of any baptism, burial, or marriage." 52 Geo. 3, c. 146. 483 according to law be performed, for the time being, in books of parchment or of good and durable paper, to be provided by Her Majesty's printer as occasion may require at the expense of the respective parishes or chapelries, whereon shall be printed upon each side of every leaf the heads of information herein required to be entered in the registers of baptisms, marriages, and burials respectively ; and every such entry shall be num- bered progressively from the beginning to the end of each book, the first entry to be distinguished by number one ; and every such entry shall be divided from the entry next following by a printed line, according to the forms con- tained in the Schedules (A.), (B.), (C.) hereto annexed ; and every page of every such book shall be numbered with progressive numbers, the first page being marked with the number I. in the middle of the upper part of such page, and every subsequent page being marked in like manner -with progressive numbers, from number I. to the end of the book. II. And, for better ensuring the regularity and unifor- King's ' a a j printer to mitv of such register books, be it further enacted, that a transmit the J ° -111 ■ A - Ct and printed copy of this Act, together with one book so books with prepared as aforesaid and adapted to the form of the register to register of baptisms prescribed in the schedule (A.) to tersf imS " this Act annexed, and also one other book so prepared as aforesaid, and adapted to the form prescribed for the register of marriages in the schedule (B.) to this Act annexed [Rep., 6 & 7 Will. 4, c. 86, s. 1] , and also one other book so prepared as aforesaid, and adapted to the form prescribed for the register of burials in the schedule (C.) to this Act annexed, shall, as soon as conveniently may be after the passing of this Act, be provided and transmitted by His Majesty's printer to the officiating ministers of the several parishes and chapelries in England respectively, who are hereby required to use and apply the same in and to the purposes of this Act ; and such books respectively shall be proportioned to the population y 2 484 Begistration of Burials. Sect. 2. of the several parishes and chapelries according to the othersuch last returns of such population made under the authority provided^ 0I " Parliament ; and other books of like form and quality required, shall for the like purposes be furnished from time to time by the churchwardens or chapelwardens of every parish or chapelry at the expense of the said parish or chapelry whenever they shall be required by the rector, vicar, curate, or officiating minister to provide the same ; and all such books shall be of paper, unless required to be of parchment by such churchwardens or chapelwardens respectively. Registers to III. And be it further enacted, that such registers shall separate' 11 be kept in such separate books aforesaid ; and that every receded" 1 such rector, vicar, curate, or officiating minister shall, as afterthe tely soon as possible after the solemnization of every baptism, ceremony, -whether private or public, or burial respectively, record and enter in a fair and legible handwriting in the proper register book to be provided, made and kept as aforesaid, the several particulars described in the several schedules hereinbefore mentioned, and sign the same, and in no case, unless prevented by sickness or other unavoidable impediment, later than within seven days after the cere- mony of any such baptism or burial shall have taken place. Certificate IV. And be it further enacted, that whenever the cere- or burial, mony of baptism or burial shall be performed in any formedm other place than the parish church or churchyard of any pufcethaii parish, or the chapel or chapel yard of any chapelry pro- cburciT&c viding its own distinct registers, and such ceremony shall to. be trans- De performed by any minister not being the rector, vicar, minister minister, or curate of such parish or chapelry, the minister Schedule who shall perform such ceremony of baptism or burial shall on the same or the next day transmit to the rector, vicar, or other minister of such parish or chapelry, or his curate, a certificate of such baptism or burial in the form contained in the schedule (D.) to this Act annexed, and 52 Geo. 3, c. 146. 485 the rector, vicar, minister, or curate of such parish or Sect. 4. chapelry shall thereupon enter such haptism or burial according to such certificate in the book kept pursuant to this Act for such purpose ; and shall add to such entry the following words : " According to the certificate of the Eeverend , transmitted to me on the day of This section does not apply to burials in grounds provided under the Burial Acts, 20 & 21 Vict. c. 81, s. 1G. V. And be it further enacted, that the several books Books to i'ii 3 3ii remain in wherein such entries shall respectively be made, and all custody of register books heretofore in use, shall be deemed to belong & c . to every such parish or chapelry respectively, and shall be kept by and remain in the power and custody of the rector, vicar, curate, or other officiating minister of each respec- tive parish or chapelry aforesaid, and shall be by him safely and securely kept in a dry, well painted iron chest, to be provided and repaired as occasion may require at the oxpense of the parish or chapelry, and which said chest containing the said books shall be constantly kept locked in some dry, safe, and secure place within the usual place of residence of such rector, vicar, curate, or other officiating minister if resident within the parish or chapelry, or in the parish church or chapel ; and the said books shall not nor shall any of them be taken or removed from or out of the said chest at any time or for any cause whatever, except for the purpose of making such entries therein as aforesaid, or for the inspec- tion of persons desirous to make search therein, or to obtain copies from or out of the same, or to be produced as evidence in some court of law or equity, or to be inspected as to the state and condition thereof, or for some of the purposes of this Act ; and that immediately after making such respective entries, or producing the said books respectively for the purposes aforesaid, the said books shall forthwith again be safely and securely deposited in the said chest. 486 Registration of Burials. Sect. 6. VI. And be it further enacted, that at the expiration of Copies of two months after the thirty-first day of December, one books to be thousand eight hundred and thirteen, and at the expiration annually. °f two months after the end of every subsequent year, fair copies of all tbe entries of the several baptisms, marriages, and burials which shall have been solemnized or shall have taken place within the year preceding shall be made by tbe rector, vicar, curate, or other resident or officiating minister (or by the churchwardens, chapelwardens, clerk, or other person duly appointed for the purpose under and by the direction of such rector, vicar, curate, or other resident or officiating minister), on parchment in the same form as prescribed in the schedules hereunto annexed (to be provided by the respective parishes) ; and the contents of such copies shall be verified and signed in the form, fol- lowing by the rector, vicar, curate, or officiating minister of the parish or chapelry to which such respective register book shall appertain : " I, A.B. rector [or as the case may be] of the parish of C. [or of the chapelry of D.] in the county of E., do hereby solemnly declare, that the several writings hereto annexed, purporting to be copies of the several entries contained in the several register books of baptisms, marriages, and burials of the parish or chapelry aforesaid, from the day of to the day of , are true copies of all the several entries in the said several register books respectively from the said day of to the said day of , and that no other entry during such period is contained in any of such books respectively, are truly made accord- ing to the best of my knowledge and belief. " (Signed) A.B." Which declaration shall be fairly written, without any stamp, on the said copy immediately after the last entry therein ; and the signature to such declaration shall be attested by the churchwardens or chapelwardens, or one of them, of the parish or chapelry to which such register books shall belong. 52 Geo. 3, c. 14G. 487 VII. And be it further enacted, that copies of the said Sect. 7. register books verified and attested as aforesaid shall, copies of whether such parish or chapelry shall be subject to the books to be ordinary, peculiar, or other jurisdiction, be transmitted ammaiiy to by such churchwardens or chapelwardens, after they, or trarso?each one of them, shall have signed the same, by the post, to ,llocese - the registrars of each diocese in England within which the church or chapel shall be situated, on or before the first day of June, one thousand eight hundred and fourteen, and on or before the first day of June in every subsequent year. VIII. And be it further enacted, that the registrar of Registrars to rno.l£C every diocese in England shall on or before the first day of reports to bishops July, one thousand eight hundred and fourteen, and on or whether the vo.\ urns Ti3iVo before the first day of July in every subsequent year, make been sent to a report to the bishop of such diocese, whether the copies em- of the registers of the baptisms, marriages, and burials in the several parishes and places within such diocese have been sent to such registrar in the manner and within the time herein required ; and in the event of any failure of the transmission of the copies of the registers as herein required by the church war dens and chapelwardens of any parish or chapelry in England, the registrar shall state the default of the parish or chapelry specially in his report to the bishop. IX. And be it further enacted, that in case the rector, in case of neglect* of vicar, or other officiating minister or curate of any parish minister to or chapelry shall neglect or refuse to verify and sign such of there- 1 ! copies of such several register books, and such declaration §mSti- S ' as aforesaid, so that the churchwardens or chapelwardens ^$^11° shall not be able to transmit the same, as required by this default. Act, such churchwardens or chapelwardens shall, within the time required by this Act for the transmission thereof, certify such default to the registrar of the diocese within which such parish or chapelry shall be, who shall specially state the same in his report to the bishop of such diocese. 488 Registration of Burials. Sect. 10. X. And, for the obtaining of returns and registers of in extra- baptisms and burials in extra-parochial places in England, {.laces me- where there is no church or chapel, be it further enacted, maybe d<£ * na t i n au< cases of the baptism of any child or the burial every bap- °^ an y person in any extra-parochial place in England, b TriaTto the accor ^ m g to the rites of the Established Church, where minister of there is no church or chapel, it shall be lawful for the some ad- _, . . . ... joining officiating minister, withm one month after such baptism entered in or burial, to deliver to the rector, vicar, or curate of such of such er parish immediately adjoining to the place in which such baptism or burial shall take place, as the ordinary shall direct, a memorandum of such baptism or burial, signed by such parent of the child baptized, or a memorandum of such burial, signed by the person employed about the same, together with two of the persons attending the same, according as the nature of the case may respectively require ; and every such memorandum respectively shall contain all such particulars as are hereinbefore required ; and every such memorandum delivered to the rector, vicar, or curate of any such adjoining parish or chapelry shall be entered in the register of his parish, and form a part thereof. Packets xi. And be it further enacted, that the superscription containing * -t copies trans- upon all letters and packets containing the copies of such registrars parish or other registers, to be transmitted by the post to endorsed in the several offices of the said registrars as aforesaid, shall Schedule De indorsed and signed by the churchwardens or chapel- (E-) wardens of every respective parish and chapelry in England, in the form contained in Schedule (E.) ; and that all such letters and packets shall be carried and conveyed by means of His Majesty's Post Office to and be delivered at the offices of the said registrars, . . . Copies of xil. And be it further enacted, that when and so often register ' books and as the copies of the said register books of baptisms, lists, when . L . °. r transmitted marriages, and burials as aforesaid, and also the said lists trars, to be of births, baptisms, marriages, or burials as aforesaid, 52 Geo. 3, c. 146. 489 shall be transmitted to the office of the said registrars Sect. 12. respectively as aforesaid, pursuant to the directions herein- safoiykept before contained for that purpose, the said registrars shall aamagc, &c. respectively cause all the said books and lists to be safely and securely deposited, kept, and preserved from damage or destruction by fire or otherwise, and to be carefully arranged for the purpose of being resorted to as occasion may require ; and the said registrars respectively shall also cause correct alphabetical lists to be made and kept in books suitable to the purpose of the names of all persons and places mentioned in such books and lists as shall have been transmitted to the said registrars respec- tively, which alphabetical lists and books, and also the copies of registers and lists so transmitted to the said registrars as aforesaid, shall be open to public search at all reasonable times on payment of the usual fees. XVI. Provided always, that nothing in this Act con- fees nereto- J ' ... . fore payable tained shall in any manner diminish or increase the fees not to be p • • altered by heretofore payable or of right due to any minister ior the this Act. performance of any of the before-mentioned duties, or to any minister or registrar, for giving copies of such regis- trations, but that all due legal and accustomed fees on such occasions, and all powers and remedies for recovery thereof, shall be and remain as though this Act had not been made. XVII. Provided also, and be it enacted, that no dupli- Copies of ' ' . L register not cate or copy of any register of baptism, marriage, or subject to burial, made under the directions and for the purposes of this Act, shall be chargeable with any stamp duty thereon, any Act now in force to the contrary thereof in anywise notwithstanding. XVIII. And be it further enacted, that one-half of the Application amount of all fines or penalties to be levied in pursuance oi pena tles ' of this Act shall go to the person who shall inform or sue y 3 490 Registration of Burials. Sect. 18. for the same, and the remainder of such fines as shall be imposed on any churchwarden or chapelwarden shall go to the poor of the parish or place for which such church- warden or chapelwarden shall serve, and the remainder of such fines as shall be imposed on any rector, vicar, minister, or curate, or registrar shall be paid and applied to such charitable purposes in the county within which the parish or place shall be as shall be appointed and directed by the bishop of the diocese. ouhiaAct XX * "^ be Jt f ' urther enacted, that all and every the to extend to provisions in this Act shall extend, so far as circumstances churches, will permit, to cathedral and collegiate churches, and chapels of colleges or hospitals, and the burying grounds belonging thereto, and to the ministers who shall officiate in such cathedral or collegiate churches, and chapels of colleges or hospitals and burying grounds respectively, and shall baptize, marry, or bury any person or persons, although such cathedral or collegiate churches, or chapels of colleges or hospitals, or the burying grounds belonging thereto, may not be parochial, or the ministers officiating therein may not be, as such, parochial ministers, and there shall be no churchwarden or churchwardens thereof ; and in all such cases the books hereinbefore directed to be provided shall be provided at the expense of the body having right to appoint the officiating minister in every such cathedral or collegiate church or chapel of a college or hospital ; and copies thereof shall be transmitted to the registrar of the diocese within which such cathedral or collegiate church or chapel of a college or hospital shall be, by the officiating minister of such church, in like manner as is herein directed with respect to parochial ministers, and shall be attested by two of the officers of such church, college, or hospital, as the copies of parochial registers are herein directed to be attested by church- wardens. . . . 52 Geo. 3, c. 146. SCHEDULES to which this Act refers. Schedule (C.) 1. Burials in the parish of A. in the county of B., in the year one thousand eight hundred and thirteen. Name. Abode. When buried. Ago. By whom the ceremony • •%] was performed. John "Wilson Duke Street, "Westminster. 1813. 1st May. 62 No. 1. Schedule (D.) I do hereby certify, that on the day of A.B. of aged was buried in [stating the place or burial], and that the ceremony of burial was performed according to the rites of the United Church of England and Ireland by me, To the rector [or as the case may be] of 491 Scheds. Schedule (E.) To the registrar of the diocese of at A.B. ) Churchwardens or chapelwardens of the parish or > chapelry of [or such other description as the CD. ) case shall require.] 492 Registration of Burials. 11 GEO. 4 & 1 WILL. 4, Cap. 66. An Act for reducing into one Act all such forgeries as shall henceforth be punished with Death, and for otherwise amending the Laws relative to Forgery. [23rd July, 1830.] [inserting XX. \And be it enacted, that if any person shall know- any false . . L 7 .,;„ . j j i entry in mgly and wilfully insert, or cause or permit to be inserted, any register . •,,,<• i * • • 7-7 7-7 of baptisms, m any register of baptisms, marriages, or burials, which oJ^iuriais] hath been or shall be made or kept by the rector, vicar, atterfag" citrate, or officiating minister of any parish, district parish, entry l - Ch or c ^ a P e ^ r, J ™ l England, any false entry of any matter uttering relating to any baptism, marriage, or burial, or shall forge forged or alter in any such register any entry of any matter re- ttestro'ying, luting to any baptism, marriage, or burial; or shall utter register; any writing as and for a copy of an entry in any such licence of nV agister of any matter relating to any baptism, marriage, or }lionin gC ' biirial, knowing such writing to be false, forged, or altered; menftrams- or ^ am J P erson s ^ ta ^ uiier any entry in any such register portationor of any matter relating to any baptism, marriage, or burial, ment.] knowing such entry to be false, forged, or altered, or shall ntter any copy of such entry, knowing such entry to be false, forged, or altered, or shall wilfully destroy, deface, or injure or cause or permit to be destroyed, defaced, or injured, any such register or any part thereof; or shall forge or alter, or shall utter, knowing the same to be forged or altered, any licence of marriage ; every such offender shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years nor less than two years.] Repealed by 24 & 25 Vict. c. 95, s. 1. 11 Geo. 4 cese? r ° verified, and signed by such officer or person as aforesaid, and sent by him to the registrar of the diocese wherein 27 d 28 Vict. c. 97. 497 the burial ground to which the same relates is situate, to Sect 3. be kept with the copies of the register books of the parishes within such diocese. IV. If any such company, body, or persons, or any such ggjgy* officer or person a3 aforesaid wilfully fail to comply with oompiymtb any of the provisions of this Act, they or he shall be guilty of an offence against this Act, and on summary conviction thereof before a justice of the peace shall be liable for every such offence to a penalty not exceeding five pounds. V. The register books kept under this Act, or copies Registers to „ ■. ii i • -i • ii be evidence. thereof or extracts therefrom, shall be received in all courts as evidence of the burials entered therein. VI. The register books kept under this Act shall, as to Registers to searches therein and copies thereof and extracts therefrom, to regular „ „ , n c tions of be subject to the regulations of the Act of the session ot 6 &7WH1.4, the sixth and seventh years of King William the Fourth Marches, (chapter eighty-six), "for registering births, deaths, and & marriages in England," so far as those regulations relate to register books of burials kept by rectors, vicars, or curates. VII. In this Act the term "burial ground " includes a Aato^ vault or other place where any body is buried. ground." VIII. This Act may be cited as The Registration of Short title - Burials Act, 1864. 498 Registration of Burials. 33 & 34 YICT. Cap. 97. An Act for granting certain Stamp Duties in lieu of Duties of the same kind now payable under various Acts, and consolidating and amending provisions relating thereto. [10th August, i870.] # duties ?n ^' From an( * a ^ ter the comruencenient of this Act, and schedule. subject to the exemptions contained in the schedule to this Act, and in any other Acts for the time being in force, there shall be charged for the use of Her Majesty, her heirs and successors, upon the several instruments specified in the schedule to this Act, the several duties in the said schedule specified, and no other duties. As to Certified Copies and Extracts from Registers of Births, &c. dutvtob! LXXX. The duty upon a certified copy or extract of paid ; may or from any register of births, baptisms, marriages, be denoted , i-i-.i • -i i , . by adhesive deaths, or burials is to be paid by the person requning the copy or extract, and may be denoted by an adhesive stamp, which is to be cancelled by the person by -whom the copy or extract is signed before he delivers the same out of his hands, custody, or power. SCHEDULE. Copy or extract (certified) of or from any register of births, baptisms, marriages, deaths, or burials - 1 Exemptions. (1) Copy or extract furnished by any clergyman, registrar, or other official person pursuant to and for the purposes of any Act of 37 d 38 Vict. c. 88. 499 Parliament, or furnished to any general or Sched. superintending registrar under any general regulation. (2) Copy or extract for which the person giving the same is not entitled to any fee or reward. And see section 80. 37 & 38 VICT. Cap. 88. An Act to amend the Law relating to the Registration of Births and Deaths in England, and to consolidate the Law respecting the Registration of Births and Deaths at Sea. [7th August, 1874.] Burials. XVII. A coroner, upon holding an inquest upon any Coroner'a body, may, if he thinks fit, by order under his hand registrar's authorise the body to be buried before registry of the for burial. death, and shall give such order to the relative of the deceased or other person who causes the body to be buried, or to the undertaker or other person having charge of the funeral ; and, except upon holding an inquest, no order, warrant, or other document for the burial of any body shall be given by the coroner. The registrar, upon registering any death or upon receiving a written requisition to attend at a house to register a death, or upon receiving such written notice of the occurrence of a death, accompanied by a medical certificate as is before provided by this Act, shall forth- with, or as soon after as he is required, give, without fee or reward, either to the person giving information con- cerning the death or sending the requisition or notice, or to the undertaker or other person having charge of the 500 registration of Burials. Sect. 17. funeral of the deceased, a certificate under his hand that he has registered or received notice of the death, as the case may be. Every such order of the coroner and certificate of the registrar shall be delivered to the person who buries or performs any funeral or religious service for the burial of the body of the deceased ; and any person to whom such order or certificate was given by the coroner or registrar who fails so to deliver or cause to be delivered the same shall be liable to a penalty not exceeding forty shillings. The person who buries or performs any funeral or religious service for the burial of any dead body, as to which no order or certificate under this section is delivered to him, shall, within seven days after the burial, give notice thereof in writing to the registrar, and if he fails so to do shall be liable to a penalty not exceeding ten pounds. deceased' XVJil. A person shall not wilfully bury or procure to stiu^born 18 ^ e Juried ^ e body of any deceased child as if it were still-born. A person who has control over or ordinarily buries bodies in any burial ground shall not permit to be buried in such burial ground the body of any deceased child as if it were still-born, and shall not permit to be buried or bury in such burial ground any still-born child before there is delivered to him either, — (a) A written certificate that such child was not born alive, signed by a registered medical practitioner w T ho was in attendance at the birth or has examined the body of such child ; or (h) A declaration signed by some person who w r ould, if the child had been born alive, have been required by this Act to give information concerning the birth, to the effect that no registered medical practitioner was present at the birth, or that his certificate cannot be obtained, and that the child was not born alive ; or 37 & 38 Vict. c. 88. 501 (c) If there has been an inquest, an order of the Sect. 18. coroner. Any person who acts in contravention of this section shall be liable to a penalty not exceeding ten pounds. XIX. Where there is in the coffin in which any de- ^Jjfrecoffln ceased person is brought for burial the body of any other contains 1 ° j j more than deceased person, or the body of any still-born child, one body, the undertaker or other person who has charge of the funeral shall deliver to the person who buries or performs any funeral or religious service for the burial of such bod3 r or bodies notice in writing signed by such undertaker or other person, and stating to the best of his knowledge and belief with respect to each such body the following particulars : (a) If the body is the body of a deceased person, the name, sex, and place of abode of the said de- ceased person ; (b) If the body has been found exposed, and the name and place of abode are unknown, the fact of the body having been so found and of the said particulars being unknown ; and (c) If the body is that of a deceased child without a name, or a still-born child, the name and place of abode of the father, or, if it is illegitimate, of the mother of such child. Every person who fails to comply with this section shall be liable to a penalty not exceeding ten pounds. BTJBIAL OF THE POOE. 7 & 8 VICT. Cap. 101. An Act for the further Amendment of the Laws relating to the Poor in England. [9th August, 1844.] Burials of XXXI. And be it declared and enacted, that it shall be lawful for guardians, or where there are no guardians for the overseers, to bury the body of any poor person which may be within their parish or union respectively, and to charge the expense thereof to any parish under their control to which such person may have been chargeable, or in which he may have died, or otherwise in which such body may be ; and unless the guardians, in com- pliance with the desire expressed by such person in his lifetime, or by any of his relations, or for any other cause, direct the body of such poor person to be buried in the churchyard or burial ground of the parish to which such person has been chargeable (which they are hereby authorized to do), every dead body which the guardians or any of their officers duty authorized shall direct to be buried at the expense of the poor rates shall (unless the deceased person, or the husband or wife or next-of-kin of such deceased person, have otherwise desired) be buried in the churchyard or other consecrated burial ground in or belonging to the parish, division of parish, chapelry, or place in which the death may have occurred ; and in all cases of burial under the direction of the guardians or overseers as aforesaid the fee or fees payable by the custom of the place in which the burial may take place, or under the provisions of any Act of Parliament, shall be 7 d8 Vict. c. 101. 503 paid out of the poor rates, for the burial of each such Sect. 31. body, to the person or persons who by such custom or under such Act may be entitled to receive any fee : Pro- vided always, that it shall not be lawful for any officer connected with the relief of the poor to receive any money for the burial of the body of any poor person which may be within the parish, division of parish, chapelry, or place in which the death may have occurred, or to act as undertaker for personal gain or reward in the burial of any such body, or to receive any money from any dissecting school or school of anatomy, or hospital, or from any person or persons to whom any such body may be delivered, or to derive any personal emolument whatever for or in respect of the burial or disposal of any such body ; and any such officer offending as afore- said shall, on conviction thereof before any two justices, forfeit and pay a sum not exceeding five pounds. LVI. And be it enacted, that, for the purposes of workhouse relief, settlement, and removal of poor persons, and the deemed to burial of the poor, the workhouse of any union or parish, in every and every such district school, shall be considered as union! b™ situated in the parish to which each poor person respec- tively to be relieved, removed, or buried, or otherwise concerned in any such purpose, is or has been charge- able : Provided always, that every birth and death within any such workhouse or building shall be registered in the parish or place in which such workhouse or building is locally situated; and all fees for registering births and deaths in any such workhouse or building shall be charged by the guardians to the parish or union to which the person dying or the mother of the child respectively is chargeable. 504. Burial of the Poor. 12 & 13 VICT. Cap. 103. An Act to continue an Act of the last Session of Par- liament, for charging the Maintenance of certain poor Persons in Unions upon the Common Fund; and to make certain Amendments in the Laws for the relief of the Poor. [1st August, 1849.] Guardians may appro- priate certain property of paupers. Expenses of burials recoverable as loans. XVI. And be it enacted, that where any pauper shall have in his possession or belonging to him any money or valuable security for money, the guardians of the union or parish within which such pauper is chargeable may take and appropriate so much of such money or the produce of such security, or recover the same as a debt before any local court, as will reimburse the said guar- dians for the amount expended by them, whether on behalf of the common fund or of any parish, in the relief of such pauper, during the period of twelve months prior to such taking and appropriation, or prior to such pro- ceeding for the recovery thereof (as the case may be) ; and in the event of the death of any pauper having in his possession or belonging to him any money or pro- perty, the guardians of the union or parish wherein such pauper shall die may reimburse themselves the expenses incurred by them in and about the burial of such pauper, and in and about the maintenance of such pauper at any time during the twelve months previous to the decease. XVEI. And be it enacted, that it shall be lawful for the guardians of any union or parish to pay the costs of the burial of any poor person dying out of the limits of such union or parish who was at the time of the death in the receipt of relief from such guardians, and that the cost of burying any poor person by or under the direction of any guardians or overseers shall be recoverable in like manner and from the same parties as the cost of any relief (if given to such person when living) would have been recoverable. 13 <& 14 Vict. c. 101. 505 13 & 14 VICT. Cap. 101. An Act to continue two Acts passed in the twelfth and thirteenth years of the reign of Her Majesty, for charging the Maintenance of certain Poor Persons in Unions in England and Wales upon the Common Fund ; and to make certain Amendments in the Laws for the Ftelief of the Poor. [14th August, 1850.] II. And be it enacted, that it shall be lawful for the B " rlal9 of poor persons guardians of any union to contribute out of the common dying in fund, or for the guardians of any parish to contribute out of the poor rates of such parish, such sum of money as the Poor Law Board shall approve, towards the enlarge- ment of any churchyard or consecrated public burial ground in the parish wherein the workhouse shall be situated, or in any other parish of the union, or towards the obtaining of any such consecrated public burial ground, and where any such burial ground sbaU be enlarged or obtained with the aid of such contribution, it shall be lawful for them to bury therein the dead body of any poor person dying in such workhouse : Provided Contribu- always, that nothing in this Act contained shall discharge enlarge or or vary the obligation now imposed by law upon the burial guardians to bury the dead body of such poor person groun s ' elsewhere, in case the deceased person, or the husband, or wife, or next-of-kin of such deceased person, shall have so requested : Provided also, that in all cases of burial under the direction of the guardians as aforesaid the fee or fees payable by the custom of the place where the burial may be, or under the provisions of any Act of Par- liament, shall be paid by the said guardians for the burial z 50G Burial of the Poor. of each such body to the person or persons who by such custom or under such Act shall be entitled to receive such fee or fees, and charged by them in like manner as the relief to the deceased when living was last chargeable. 16 & 17 VICT. Cap. 97. An Act to consolidate and amend the Laws for the Pro- vision and Regulation of Lunatic Asylums for Coun- ties and Boroughs, and for the Maintenance and Care of Pauper Lunatics, in England. [20th August, 1853.] «fe P buriai° f CXX. On the death, discharge, or removal of any ( v m £ v ^' 01 f P au P er fr° m an y asylum, registered hospital, or licensed a pauper, house, the necessary expenses attending the burial, dis- charge, or removal of such pauper shall be borne by the union or parish (if any) to which such pauper is charge- able, as hereinbefore provided, or if such pauper be chargeable to a county as hereinbefore provided, then by such county, and shall be paid by the guardians of such union or parish, or by the overseers of such parish if not in a union or under a board of guardians, or by the treasurer of such county. intcrprota- CXXXII. In this Act the words and expressions follow- wrmsf hag shall have the several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction ; (that is to say,) " County " shall mean every county, riding, and divi- sion of a county, county of a city, county of a town, and shall include every city, town, parish, 18 d 19 Vict. c. 79. 507 place, or district by this Act annexed to a county for the purposes hereof: "Borough" shall mean every borough town and city corporate having a quarter sessions, recorder, and clerk of the peace : " Parish " shall mean any parish, township, vill, tithing, extra-parochial place, or place maintaining its own poor. This interpretation clause, as regards the word " county," is repealed, except with respect to the city of London, by 25 & 26 Vict. c. 111. And by 28 & 29 Vict. c. 80, s. 1, it is provided " that the word ' county ' in ' The Lunatic Asylum Act, 1853,' and the several Acts construed as one therewith, shall be construed to include every county of a city or county of a town having quarter sessions and a clerk of the peace, and no recorder." 18 & 19 VICT. Cap. 79. An Act to amend the Law regarding the Burial of Poor Persons by Guardians and Overseers of the Poor. [30th July, 1855.] Whereas by the Act of the eighth year of the reign of 7 & 8 vict. c. 101 s. 31. Her Majesty, chapter one hundred and one, provisions were made for the burial of poor persons by guardians and overseers of the poor : And whereas, in consequence of the closing of the burial grounds in many parishes, and the want of adequate space in others, great difficulty is frequently found in carrying into execution the above pro- visions, and it is expedient that other provisions should be made : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same: z2 508 Burial of the Poor. Sect. 1. Where burial ground of parish closed or over- crowded, guardians or overseers may bury in neighbour- ing parish. I. That where the guardians of any union or parish, or any of their officers duly authorized in that behalf, or the overseers of any parish not under a board of guardians, shall undertake the burial of any poor person, or shall contribute money or other aid towards the same, and the burial cannot take place in the parish where, according to the provisions of the said Act, the same would have been required to take place, by reason of the public burial ground of such parish having been closed, and no other having been provided, or where, in consequence of the crowded state of such burial ground, the guardians or overseers respectively are of opinion that the burial of such dead [body therein would be improper, it shall be lawful to bury such body in a public burial ground (some part of which has been consecrated) of or in some other parish as near as conveniently may be to the parish wherein the burial would have been required to take place according to the provisions of the said Act : Provided that in all cases of burial under the direction of the guardians or their officers, or of the overseers as aforesaid, the fee or fees payable by the custom of the place where the burial may be, or under the provisions of any Act of Parliament, shall be paid by the said guardians or overseers for the burial of each such body to the person or persons who by such custom or under such Act of Parliament shall be entitled to receive such fee or fees. Power to enter into agreements with ceme- tery com- panies or burial boards. II. The guardians of any union or parish, or the over- seers of any parish not under a board of guardians, may from time to time enter into agreements with the pro- prietors of any cemetery established under the authority of Parliament, or with any burial board duly constituted under the Statutes in that behalf, for the burial of the dead bodies of any poor persons which such guardians or over- seers may undertake to bury, or towards the burial whereof they may render assistance : and thereupon the burial of any such body, under the directions of the said guardians 18 & 19 Vict. c. 105. 509 or their officer, or of such overseers, or with their aid g ec t # 2. respectively, in such cemetery, or in the burial ground of such burial board, (unless the deceased person, or the husband or wife, or next-of-kin of such deceased person, have otherwise expressly desired,) shall be lawful : Pro- vided, however, that no such agreement shall be valid unless made in such form and with such stipulations as the Poor Law Board shall approve. HI. The words contained in this Act shall be construed g^J 00 " in like manner as in the Act of the fifth year of King ™^ s in t0 William the Fourth, chapter seventy-six, and in the *&J jni. i, several Acts incorporated therewith. 18 & 19 VICT. Cap. 105. An Act to amend the Lunatic Asylums Act, 1853, and the Acts passed in the Ninth and Seventeenth Years of Her Majesty, for the Regulation of the Care and Treatment of Lunatics. [14th August, 1855.] XI. Where the visitors of lunatic asylums for counties jggjjgg ot and boroughs in England, or any of their officers duly g^jj^ authorized in that behalf, shall undertake the burial of any pauper lunatic, and the burial cannot take place in the parish where the death shall have taken place by reason of the public burial ground of such parish having been closed, and no other having been provided, or where, in consequence of the crowded state of such burial ground, 510 Burial of the Poor. Sect. 11. the visitors as aforesaid are of opinion that the burial of such dead body therein would be improper, it shall be lawful to bury such body in a public burial ground of or in some other parish as near as conveniently may be to tbe parish wherein the death shall have taken place, with the consent of the minister and churchwardens of such parish : Provided, that in all cases of burial under the direction of the visitors or their officers as aforesaid the fee or fees payable by the custom of the place where the burial may be, or under the provisions of any Act of Parliament, shall be paid by the said visitors for the burial of each such body to the person or persons who by such custom or under such Act of Parliament shall be entitled to receive such fee or fees. Power to XII. The visitors of lunatic asylums in England may agreements from time to time enter into agreements with the pro- tcry com- 1 " prietors of any cemetery established under the authority bunai° r °f Parliament, or with any burial board duly constituted board. under the statutes in that behalf, for the burial of the dead bodies of any pauper lunatics wbich such visitors may undertake to bury ; and thereupon the burial of any such body, under the direction of the said visitors or their officer, in such cemetery, or in the burial ground of such burial board, shall be lawful : Provided, however, that no such agreement shall be valid unless made in such form and with such stipulations as the Commissioners in Lunacy shall approve. Committee XIII. And whereas it is expedient that burial grounds may S convey should be provided for persons dying in any county or burL? 1 borough lunatic asylum built or to be built under the f roun i *k e relief of the poor, the county, police, or borough jurisdiction ra te the burial of the dead, the removal of nuisances, the to appoint . overseers, registration of parliamentary and municipal voters, and the registration of births and deaths, be deemed a parish for such purposes, and shall be designated by the name which is assigned to it in such report ; and the justices of the peace having jurisdiction over such place or over the greater part thereof shall appoint overseers of the poor 20 Vict, c 19. 518 therein ; and with respect to any other place being or Sect. 1. reputed to be extra-parochial, and wherein no rate is levied for the relief of the poor, such justices may appoint overseers of the poor therein, notwithstanding anything contained in the hundred and first chapter of the statute passed in the session of Parliament of the seventh and eighth years of Her present Majesty. XI. The words used in this Act shall be construed in ^ a s ^ c e t d the like manner as in the seventy-sixth chapter of the t<> bo con- *' * strued as in statute passed in the fourth and fifth years of King 4&5WM.4, William the Fourth ; and the provisions contained therein, and in the subsequent Acts explaining and extending the same, and not repealed, shall, so far as they shall be consistent herewith, be extended to this Act. 514 Burial of the Poor. 25 & 26 VICT. Cap. 111. An Act to amend the Law relating to Lunatics. [7th August, 1862.] asyumf 3 *" ^' -^e committee of visitors of any asylum may pro- vide accommodation for the burial of pauper lunatics dying in the asylum by acquiring a new burial ground, or by enlarging any existing burial ground ; they may pur- chase for the purposes aforesaid any land, and may grant any land when purchased, or any land already belonging to them, to any person or body of persons, to be held on trust for a new burial ground or as part of an existing burial ground, or they may themselves hold such land on trust as a new burial ground or as part of an existing burial ground ; they may also contribute any sums of money to any person or body of persons on condition of such person or body of persons agreeing to provide accommodation for the burial of such paupers as afore- said in any burial ground ; they may also take steps for the consecration of any new burial ground or enlarged burial ground, or any part thereof, and in the case of a new burial ground they may provide for the appointment of a chaplain therein ; they may enter into any agreements necessary for carrying into effect the powers conferred by this section, but the exercise of such powers shall be subject to the restrictions following : Firstly, that not more than two statute acres shall in the case of any one asylum be purchased or granted as a new burial ground, or for an enlargement of an existing burial ground : Secondly, that the sanction of the court of general or quarter sessions and of one of Her Majesty's 25 & 26 Vict. c. 111. 51 principal secretaries of state shall be given to any Sect. 9. plan that may be proposed by any visitors for carry- ing into effect this section. All expenses incurred by any visitors in providing accommodation for the burial of pauper lunatics, in pur- suance of this Act, shall be deemed to be monies, costs, and expenses payable for the purposes of the Lunacy Act, chapter ninety-seven, and may be defrayed accord- ingly. X. All the provisions of "The Lands Clauses Act, g^gg^ 1845," except the provisions of that Act " with respect to porated. the purchase and taking of any lands otherwise than by agreement," "with respect to the recovery of forfeitures, penalties, and costs," "with respect to lands acquired by the promoters of the undertaking, under the provisions of the Lands Clauses Consolidation Act, 1845, or the special Act, or any Act incorporated therewith, but which shall not be required for the purposes thereof," " and with respect to the provision to be made for .affording access to the special Act by all parties interested," shall be incor- porated with this Act ; and for the purposes of this Act the expression "the promoters of the undertaking," wherever^used in the said Lands Clauses Consolidation Act, shall mean any such committee of visitors as aforesaid. 516 Burial of the Poor. 28 & 29 VICT. Cap. 79. An Act to provide for the better Distribution of the Charge for the Relief of the Poor in Unions. [29th June, 1865.] Whereas it is expedient to make provision for the better distribution of the charge for the relief of the poor in unions than is by law now established : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : So much of section 26 of 4&6 Will. 4, C. 76, as requires parishes in unions to defray expenses of their own poor repealed ; and ex- penses thenceforth incurred to be charged to the common fund. I. From and after the twenty-fifth day of March, one thousand eight hundred and sixty-six, so much of the twenty-sixth section of the fourth and fifth William the Fourth, chapter seventy- six, as requires that each of the parishes in a union formed under the authority of that Act shall be separately chargeable with and liable to defray the expense of its own poor, whether relieved in or out of the workhouse of such union, shall be repealed ; and all the cost of the relief to the poor, and the expenses of the burial of the dead body of any poor person under the direction of the guardians, or any of their officers duly authorized, in such union thenceforth incurred, and all charges thenceforth incurred by the guardians of such union in respect of vaccination and registration fees and expenses, shall be charged upon the common fund thereof. provision X. For the purposes of the burial of any poor person in the dying in the workhouse of any union, such workhouse workhouse. 28 & 29 Vict. c. 79. shall bo considered as situated in the parish in the union Sect. 10. where such poor person resided last, previously to his removal to the workhouse. XVI. The words herein used shall be interpreted in the interpreta- manner prescribed by the statute of the fourth and fifth terms, years of William the Fourth, chapter seventy-six, and the subsequent Acts amending or explaining the same, and the provisions in such Acts which apply to poor persons rendered chargeable upon the common fund by reason of their having become irremoveable through the operation of the statutes in that behalf shall apply to all the poor in the union hereby rendered chargeable upon the common fund. XVII. This Act may be cited as "The Union Charge- Short title, ability Act, 1865." 518 Burial of the Poor. 31 & 32 VICT. Cap. 122. An Act to make further Amendments in the Laws for the Relief of the Poor in England and Wales. [31st July, 1868.] Guardians XIII. The guardians of any union or parish may, with the cost of the consent of the Poor Law Board, send an idiotic idiots sent to asylums pauper to an asylum or establishment for the reception and relief of idiots maintained at the charge of the county rate or by public subscription, and they may with the like consent send any idiotic, imbecile, or insane pauper who may lawfully be detained in a workhouse to the workhouse of any other union or parish, with the consent of the guardians of such last-mentioned union or parish, and pay the cost of the maintenance, clothing, and lodging of such pauper in the asylum, establishment, or workhouse, as well as the cost of his conveyance thereto or his removal therefrom, and the expenses of his burial, when necessary. Interpreta- tion of terms and consolida- tion of the Acts. XLV. The words used in this Act shall be construed in the like manner as in the Poor Law Amendment Act, 1834, and subsequent Acts amending and extending the same, and the provisions contained therein and in such subsequent Acts, and not repealed, shall, so far as they shall be consistent herewith, be extended to this Act. 39 d 40 Vict. c. 61. 519 39 & 40 VICT. Cap. 61. An Act to provide for the better arrangement of divided Parishes and other local areas, and to make sundry amendments in the Law relating to the Relief of the Poor in England. [15th August, 1876.] XXI. The provision as to the registration of births E HTi on and deaths in a workhouse contained in the fifty-sixth Vict. c. 101, K 5fi US to section of the Poor Law Amendment Act, 1844, shall bo registration 1~o TllP CUSP extended to the case of a workhouse which is situated in of a work- two parishes, so that the registration shall take place in situated the parish to which the workhouse belongs, or, if the pannes, parishes be not both in the same union, then in that ^ d P r ?" parish of the union to which the workhouse belongs in deaths of ° paupers m which any part of the workhouse is situated. district . -, i . . . - . , schools and And wnen a union is comprised in any school or other asylums, district the death of any pauper in the school or asylum of such district shall for the purposes of burial be deemed to have taken place in the parish of the union from which such pauper was sent to the said school or asylum, or to the workhouse of the union, as the case may be, and the charges of the burial shall be borne by the common fund of such union. 520 Lands Clauses Act, 1845. Act to apply to all undertak- ings autho- rized by Acts here- after to be passed. Interpreta- tions in thi Act. *' Special Act:" "Pre- scribed : 8 VICT. Cap. 18. An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Under- takings of a Public Nature. [8th. May, 1845.] Whereas it is expedient to comprise in one general Act sundry provisions usually introduced into Acts of Parliament relative to the acquisition of lands required for undertakings or works of a public nature, and to the compensation to be made for the same, and that as well for the purpose of avoiding the necessity of repeating such provisions in each of the several Acts relating to such undertakings, as for ensuring greater uniformity in the provisions themselves : May it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, that this Act shall apply to every undertaking authorized by any Act which shall hereafter be passed, and which shall authorize the purchase or taking of lands for such undertaking, and this Act shall be incorporated with such Act ; and all the clauses and provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the undertaking authorized thereby, so far as the same shall be applicable to such under- taking, and shall, as well as the clauses and provisions of every other Act which shall be incorporated with such Act, form part of such Act, and be construed, together therewith, as forming one Act. And with respect to the construction of this Act, and of Acts to be incorporated therewith, be it enacted as follows : II. The expression " the special Act," used in this Act, shall be construed to mean any Act which shall be hereafter passed which shall authorize the taking of lands for the undertaking to which the same relates, and with which this Act shall be so incorporated as aforesaid ; and the word " prescribed," used in this Act in reference to any matter herein stated, shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word shall occur shall be construed as if instead of the 8 Vict. c. 18. 521 word " prescribed," the expression " prescribed for that pur- Sect. 2. pose in the special Act " had been used ; and the expression " the works " or " the undertaking " shall mean the works or " Tll , e „ works • undertaking, of whatever nature, which shall by the special Act be authorized to be executed ; and the expression " the of P t r n ) c 110ter8 promoters of the undertaking " shall mean the parties, whether andertak- company, undertakers, commissioners, trustees, corporations, or private persons, by the special Act empowered to execute such works or undertaking. III. The following words and expressions, both in this and interpreta- Lions in the special Act, shall have the several meanings hereby this and assigned to them, unless there be something either in the ^ c e t ! pe subject or context repugnant to such construction ; (that is to say,) Words importing the singular number only shall include Number: the plural number, and words importing the plural num- ber only shall include the singular number : Words importing the masculine gender only shall include Gen(ler: females : The word "lands" shall extend to messuages, lands, tene- "Lands:*' ments, and hereditaments of any tenure : The word " lease " shall include an agreement for a lease : " Lease: " The word " month " shall mean calendar month : "Month :" The expression u superior courts " shall mean Her Majesty's "Superior Superior Courts of Record at Westminster or Dublin, as comts • the case may require : The word "oath" shall include affirmation in the case of "Oath:" Quakers, or other declaration lawfully substituted for an oath in the case of any other persons exempted by law from the necessity of taking an oath : The word "county" shall include any riding or other like "County:" division of a county, and shall also include county of a city or county of a town : The word "sheriff" shall include under-sheriff, or other "The sLlLTlff •■• legally competent deputy ; and where any matter in relation to any lands is required to be done by any sheriff, or by any clerk of the peace, the expression the "sheriff," or the expression " the clerk of the peace," shall in such !j£5? rf tb case be construed to mean the sheriff or the clerk of the peace : " 522 Lands Clauses Act, 1845. " Justices : Sect. 3. peace of the county, city, borough, liberty, cinque port, or place where such lands shall be situate ; and if the lands in question, being the property of one and the same party, be situate not wholly in one county, city, borough, liberty, cinque port, or place, the same expression shall be con- strued to mean the sheriff or clerk of the peace of any county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate : The word "justices " shall mean justices of the peace acting for the county, city, liberty, cinque port, or place where the matter requiring the cognizance of any such justice shall arise, and who shall not be interested in the matter; and where such matter shall arise in respect the lands being the property of one and the same party, situate not wholly in any one county, city, borough, liberty, cinque port, or place, the same shall mean a justice acting for the county, city, borough, liberty, cinque port, or place where any part of such lands shall be situate, and who shall not be interested in such matter ; and where any matter shall be authorized or required to be done by two justices, the expression " two justices " shall be understood to mean two justices assembled and acting together : Where under the provisions of this or the special Act, or any Act incorporated therewith, any notice shall be required to be given to the owner of any lands, or where any Act shall be authorized or required to be done with the con- sent of any such owner, the word " owner " shall be under- stood to mean any person or corporation who, under the provisions of this or the special Act, would be enabled to sell and convey lands to the promoters of the under- taking : "The bank." The expression " the bank " shall mean the Bank of England where the same shall relate to monies to be paid or depo- sited in respect of lands situate in England, and shall mean the Bank of Ireland where the same shall relate to monies to be paid or deposited in respect of lands situate in Ireland. " Two jus- tices:" "Owner: Short title of the Act. IV. And be it enacted, that in citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression " the Lands Clauses Consolidation Act, 1845." 8 Viet. c. 18. 523 V. And whereas it may be convenient in some cases to Sect. 5. incorporate with Acts of Parliament hereafter to be passed pormin some portion only of the provisions of this Act ; be it there- which por- tions of this fore enacted, that, for the purpose of making any such incor- Act may be poration, it shall be sufficient in any such Act to enact that j."tedw~ith the clauses of this Act with respect to the matter so proposed other Acts, to be incorporated (describing such matter as it is described in this Act in the words introductory to the enactment with respect to such matter,) shall be incorporated with such Act, and thereupon all the clauses and provisions of this Act with respect to the matter so incorporated shall, save so far as they shall be expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if the substance of such clauses and provisions were set forth therein with reference to the matter to which such Act shall relate. And with respect to the purchase of lands by agreement, be it enacted as follows : VI. Subject to the provisions of this and the special Act it power to shall be lawful for the promoters of the undertaking to agree {^g ^y with the owners of any lands by the special Act authorized to agreement, be taken, and which shall be required for the purposes of such Act, and with all parties having any estate or interest in such lands, or by this or the special Act enabled to sell and convey the same, for the absolute purchase, for a consideration in money, of any such lands, or such parts thereof as they shall think proper, and of all estates and interests in such lands of what kind soever. VII. It shall be lawful for all parties, being seised, possessed Parties of, or entitled to any such lands, or any estate or interest Xiitvt'ti- therein, to sell and convey or release the same to the pro- aMed to sen moters of the undertaking, and to enter into all necessary agreements for that purpose ; and particularly it shall be law- ful for all or any of the following parties so seised, possessed, or entitled as aforesaid so to sell, convey, or release ; (that is to say,) all corporations, tenants in tail or for life, married women seised in their own right or entitled to dower, guardians, committees of lunatics and idiots, trustees or feoffees in trust for charitable or other purposes, executors and administrators, and all parties for the time being entitled to the receipt of the rents and profits of any such lands in possession or subject to 524 Lands Clauses Act, 1845. Sect. 7, an 7 estate in dower, or to any lease for life, or for lives and — years, or for years, or any less interest ; and the power so to sell and convey or release as aforesaid may lawfully be exer- cised by all such parties, other than married women entitled to dower, or lessees for life ; or for lives and years, or for years, or for any less interest, not only on behalf of themselves and their respective heirs, executors, administrators, and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the estates of such parties, and as to such married women whether they be of full age or not, as if they were sole and of full age, and as to such guardians, on behalf of their wards, and as to such committees, on behalf of the lunatics and idiots of whom they are the committees respectively, and that to the same extent as such wives, wards, lunatics and idiots respectively could have exercised the same power under the authority of this or the special Act if they had respectively been under no disability, and as to such trustees, executors, and adminis- trators on behalf of their cestuique trusts, whether infants, issue unborn, lunatics, femes covert, or other persons, and that to the same extent as such cestuique trusts respectively could have exercised the same powers under the authority of this and the special Act if they had respectively been under no disability. Parties under dis- ability to exercise other powers. VIII. The power hereinafter given to enfranchise copyhold lands, as well as every other power required to be exercised by the lord of any manor pursuant to the provisions of this or the special Act, or any Act incorporated therewith, and the power to release lands from any rent, charge, or incumbrance, and to agree for the apportionment of any such rent, charge, or incumbrance, shall extend to and may lawfully be exercised by every party hereinbefore enabled to sell and convey or release lands to the promoters of the undertaking. Amount of compensa- tion in case of parties under dis- ability to be ascertained by valuation and paid into the bank. IX. The purchase money or compensation to be paid for any lands to be purchased or taken from any party under any disability or incapacity, and not having power to sell or convey such lands except under the provisions of this or the .special Act, and the compensation to be paid for any per- manent damage or injury to any such lands, shall not, except where the same shall have been determined by the verdict of a 8 Vict. c. 18. 525 jury, or by arbitration, or by the valuation of a surveyor Sect. 9. appointed by two justices under the provision hereinafter con- tained, be less than shall be determined by the valuation of two able practical surveyors, one of whom shall be nominated by the promoters of the undertaking and the other by the other party, and if such two surveyors cannot agree in the valuation, then by such third surveyor as any two justices shall upon application of either party, after notice to the other party, for that purpose nominate ; and each of such two sur- veyors if they agree, or if not then the surveyor nominated by the said justices, shall annex to the valuation a declaration in writing, subscribed by them or him, of the correctness thereof; and all such purchase money or compensation shall be deposited in the bank for the benefit of the parties interested, in manner hereinafter mentioned. X. It shall be lawful for any person seised in fee of, or Where entitled to dispose of absolutely for his own benefit, any lands absolutely authorized to be purchased for the purposes of the special entitled, a n -i tit i pi lands may Act to sell and convey such lands or any part thereof unto the bo sold on promoters of the undertaking in consideration of an annual c IC ientb rentcharge payable by the promoters of the undertaking, but, except as aforesaid, the consideration to be paid for the pur- chase of any such lands, or for any damage done thereto, shall be in a gross sum. XI. The yearly rents reserved by any such conveyance shall j'^J? 1 ^ j^ 1 be charged on the tolls or rates, if any, payable under the charged on special Act, and shall be otherwise secured in such manner as shall be agreed between the parties, and shall be paid by the promoters of the undertaking as such rents become payable ; and if at any time any such rents be not paid within thirty days after they so become payable, and after demand thereof in writing, the person to whom any such rent shall be payable may either recover the same from the promoters of the under- taking, with costs of suit, by action of debt in any of the superior courts, or it shall be lawful for him to levy the same by distress of the goods and chattels of the promoters of the undertaking. XII. In case the promoters of the undertaking shall be power to empowered by the special Act to purchase lands for extra- 1™,™^° ordinary purposes, it shall be lawful for all parties who, under quired for 526 Lands Clauses Act, 1845. Sect. 12. the provisions hereinbefore contained, would be enabled to additional se & ancl convey lands, to sell and convey the lands so autho- accommo- r i ze d to be purchased for extraordinary purposes. Authority XIII. It shall be lawful for the promoters of the under- re-purclwle taking to sell the lands which they shall have so acquired for such lands, extraordinary purposes, or any part thereof, in such manner, and for such considerations, and to such persons, as the pro- moters of the undertaking may think fit, and again to pur- chase other lands for the like purposes, and afterwards sell the same, and so from time to time; but the total quantity of land to be held at any one time by the promoters of the undertaking, for the purposes aforesaid, shall not exceed the prescribed quantity. Restraint XIV. Tbe promoters of the undertaking shall not, by from fnca a - BG virtue of the power to purchase lands for extraordinary pur- pacitated poses, purchase more than the prescribed quantity from any party under legal disability, or who would not be able to sell and convey such lands except under the powers of this and the special Act; and if the promoters of the undertaking pur- chase the said quantity of land from any party under such legal disability, and afterwards sell the whole or any part of the land so purchased, it shall not be lawful for any party being under legal disability to sell to the promoters of the undertaking any other lands in lieu of the land so sold or disposed of by them. Municipal XV. Nothing in this or the special Act contained shall not'tose'n 118 enable any municipal corporation to sell for the purposes of without the the special Act, without the approbation of the Commissioners of the Trea- of Her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any three of them, any lands which they could not have sold -without such approbation before the passing of the special Act, other than such lands as the com- pany are by the powers of this or the special Act empowered to purchase or take compulsorily. And with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title, be it enacted as follows: 8 Vict. c. 18. 527 LXIX. If the purchase money or compensation which shall Sect. 69. he payable in respect of any lands or any interest therein, p ur ^a6 C purchased or taken by the promoters of the undertaking from ^^ ^ any corporation, k tenant for life or in tail, married woman ties under seised in her own right or entitled to dower, guardian, com- amounting mittee of lunatic or idiot trustee, executor or administrator, or {£ ^jp^gf^ person having a partial or qualified interest only in such in the baDk. lands, and not entitled to sell or convey the same except under the provisions of this or the special Act, or the compen- sation to he paid for any permanent damage to any such lands, amount to or exceed the sum of two hundred pounds, the same shall he paid into the hank, in the name and with the privity of the Accountant-General of the Court of Chancery in England if the same relate to lands in England or Wales, or the Accountant-General of the Court of Exchequer in Ireland if the same relate to lands in Ireland, to he placed to the account there of such Accountant-General, ex parte the promoters of the undertaking (describing them by their proper name), in the matter of the special Act (citing it), pur- suant to the method prescribed by any special Act for the time being in force for regulating monies paid into the said courts; and such monies shall remain so deposited until the same be applied to some one or more of the following pur- poses; (that is to say,) In the purchase or redemption of the land tax, or the dis- Application „ ,, ., a. . I, i j . of monies charge of any debt or incumbrance anecting the land in deposited. respect of which such money shall have been paid, or affecting other lands settled therewith to the same or the like uses, trusts, or purposes; or In the purchase of other lands to be conveyed, limited, and settled upon the like uses, trusts, and purposes, and in the same manner, as the lands in respect of which such money shall have been paid stood settled; or If such money shall be paid in respect of any buildings taken under authority of this or the special Act, or injured by the proximity of the works, in removing or replacing such buildings or substituting others in their stead, in such manner as the Court of Chancery shaU direct; or In payment to any party becoming absolutely entitled to such money. 528 Lands Clauses Act, 1845. Order for application and invest- ment mean while. Sect. 70. LXX. Such money may be so applied as aforesaid upon an order of the Court of Chancery in England or the Court of Exchequer in Ireland, made on the petition of the party who would have been entitled to the rents and profits of the lands in respect of which such money shall have been deposited; and until the money can be so applied it may, upon the like order, be invested by the said Accountant-General in the pur- chase of Three per Centum Consolidated or Three per Centum Reduced Bank Annuities, or in Government or real securities, and the interest, dividends, and annual proceeds thereof paid to the party who would for the time being have been entitled to the rents and profits of the lands. Sums from 202. to 2007. to be depo- sited or paid to trustees. Sums not exceeding 201. to be paid to parties. LXXI. If such purchase money or compensation shall not amount to the sum of two hundred pounds, and shall exceed the sum of twenty pounds, the same shall be either paid into the bank, and applied in the manner hereinbefore directed with respect to sums amounting to or exceeding two hundred pounds, or the same may lawfully be paid to two trustees, to be nominated by the parties entitled to the rents or profits of the lands in respect whereof the same shall be payable, such nomination to be signified by writing under the hands of the party so entitled ; and in case of the coverture, infancy, lunacy, or other incapacity of the parties entitled to such monies, such nomination may lawfully be made by then- respective husbands, guardians, committees, or trustees; but such last-mentioned application of the monies shall not be made unless the promoters of the undertaking approve thereof and of the trustees named for the purpose; and the money so paid to such trustees, and the produce arising therefrom, shall be by such trustees applied in the manner hereinbefore directed with respect to money paid into the bank, but it shall not be necessary to obtain any order of the court for that purpose. LXXII. If such money shall not exceed the sum of twenty pounds, the same shall be paid to the parties entitled to the rents and profits of the lands in respect whereof the same shall be payable, for their own use and benefit, or in case of the coverture, infancy, idiotcy, lunacy, or other incapacity, of any such parties, then such money shall be paid, for their use, to their respective husbands, guardians, committees, or trustees of such persons. 8 Vict. c. 18. 529 LXXIIT. All sums of money exceeding twenty pounds, Sect. 73. which maybe payable by the promoters of the undertaking U1 .~ s in respect of the taking, using, or interfering with any lands payable under a contract or agreement with any person who shall not tract'u it'h be entitled to dispose of such lands, or of the interest therein ^u^',"^" 01 contracted to be sold by him absolutely for his own benefit, < shall be paid into the hank or to trustees in manner aforesaid; bank." 1 and it shall not be lawful for any contracting party not entitled as aforesaid to retain to his own use any portion of the sums so agreed or contracted to be paid for or in respect of the taking, using, or interfering with any such lands, or in lieu of bridges, tunnels, or other accommodation works, or for assenting to or not opposing the passing of the Bill autho- rizing the taking of such lands; but all such monies shall be deemed to have been contracted to be paid for and on account of the several parties interested in such lands, as well in pos- session as in remainder, reversion, or expectancy: Provided always, that it shall be in the discretion of the Court of Chancery in England or the Court of Exchequer in Ireland, or the said trustees, as the case may be, to allot to any tenant for life, or for any other partial or qualified estate, for his own use, a portion of the sum so paid into the bank, or to such trustees as aforesaid, as compensation for any injury, incon- venience, or annoyance which he may be considered to sustain, independently of the actual value of the lands to be taken and of the damage occasioned to the lands held there- with, by reason of the taking of such lands and the making of the works. LXXIV. Where any purchase money or compensation paid Court of into the bank under the provisions of this or the special Act may^urect shall have been paid in respect of any lease for a life or lives a PP u cation r T-r t i . , , of money in or years, or tor a hie or lives and years, or any estate in lands respect of less than the whole fee simple thereof, or of any reversion reversions dependent on any such lease or estate, it shall be lawful for M ^Ki k the Court of Chancery in England or the Court of Exchequer Just. in Ireland, on the petition of any party interested in such money, to order that the same shall be laid out, invested, accumulated, and paid in such manner as the said court may consider will give to the parties interested in such money the same benefit therefrom as they might lawfully have had Erom the lease, estate, or reversion in respect of which such money shall have been paid, or as near thereto as may be. 2 a 530 Lands Clauses Act, 1845. Sect. 75. Upon deposit being made, the owners of the lands to convey, or in default the lands to Test in the promoters of the undertaking upon a deed poll being executed. Where parties re- fuse to convey, or •lo not show title, or cannot be found, the purchase money to be deposited. LXXV. Upon deposit in the bank in manner hereinbefore provided of the purchase money or compensation agreed or awarded to be paid in respect of any lands purchased or taken by the promoters of the undertaking, under the provisions of this or the special Act or any Act incorporated therewith, the owner of such lands, including in such term all parties by this Act enabled to sell or convey lands, shall, when required so to do by the promoters of the undertaking, duly convey such lands to the promoters of the undertaking, or as they shall direct ; and in default thereof, or if he fail to adduce a good title to such lands to their satisfaction, it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll under their common seal if they be a corporation, or if tbey be not a corporation under the hands and seals of the promoters, or any two of them, containing a description of the lands in respect of which such default shall be made, and reciting the purchase or taking thereof by the promoters of the undertaking, and the names of the parties from whom the same were purchased or taken, and the deposit made in respect thereof, and declaring the fact of such default having been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon a conveyance to the promoters of the undertaking of the lands described therein; and thereupon all the estate and interest in such lands of or capable of being sold and conveyed by the party between whom and the promoters of the undertaking such agreement shall have been come to, or as between whom and the promoters of the undertaking such purchase money or compensation shall have been determined by a jury or by arbitrators, or by a surveyor appointed by two justices as herein provided, and shall have been deposited as aforesaid, shall vest absolutely in the promoters of the undertaking, and as against such parties, and all parties on behalf of whom they are hereinbefore enabled to sell and convey, the promoters of the undertaking shall be entitled to immediate possession of such lands. • LXXVI. If the owner of any such lands purchased or taken by the promoters of the undertaking, or of any interest therein, on tender of the purchase money or compensation either agreed or awarded to be paid in respect thereof, refuse to accept the same, or neglect or fail to make out a title to such lands, or to the interest therein claimed by him, to the satisl'action of the 8 Vict. c. 18. 531 promoters of the undertaking, or if he refuse to convey or Sect. 76. release such lands as directed by the promoters of the under- taking, or if any such owner be absent from the kingdom, or cannot after diligent inquiry be found, or fail to appear on the inquiry before a jury, as herein provided for, it shall be lawful for the promoters of the undertaking to deposit the purchase money or compensation payable in respect of such lands, or any interest therein, in the bank, in the name and with the privity of the Accountant-General of the Court of Chancery in England or the Court of Exchequer in Ireland, to be placed, except in the cases herein otherwise provided for, to his account there, to the credit of the parties interested in such lands (describing them so far as the promoters of the under- taking can do), subject to the control and disposition of the said court. LXXVII. Upon any such deposit of money as last aforesaid Upon being made the cashier of the bank shall give to the pro- being made moters of the undertaking, or to the party paying in such be'rfven 10 money by their direction, a receipt for such money, specifying ami the therein for what and for whose use (described as aforesaid) vest upon a the same shall have been received, and in respect of what j^ 1 po11 purchase the same shall have been paid in ; and it shall be executed, lawful for the promoters of the undertaking, if they think fit, to execute a deed poll under their common seal if they be a corporation, or if they be not a corporation under the hands and seals of the said promoters, or any two of them, contain- ing a description of the lands in respect whereof such deposit shall have been made, and declaring the circumstances under which and the names of the parties to whose credit such deposit shall have been made, and such deed poll shall be stamped with the stamp duty which would have been payable upon a conveyance to the promoters of the undertaking of the lands described therein ; and thereupon all the estate and interest in such lands of the parties for whose use and in respect whereof such purchase money or compensation shall have been deposited shall vest absolutely in the promoters of the undertaking, and as against such parties they shall be entitled to immediate possession of such lands. LXXVIII. Upon the application by petition of any party Application making claim to the money so deposited as last aforesaid, or deposited, any part thereof, or to the lands in respect whereof the same 2 a 2 532 Lands Clauses Act, 1845. Sect. 78. shall have been so deposited, or any part of such lands, or any interest in the same, the said Court of Chancery in England or the Court of Exchequer in Ireland, may, in a summary way, as to such court sball seem fit, order such money to be laid out or invested in the public funds, or may order distribution thereof, or payment of the dividends thereof, according to the respective estates, titles, or interests of the parties making claim to such money or lands, or' any part thereof, and may make such other order in the premises as to such court shall seem fit. Party in LXXIX. If any question arise respecting the title to the possession i an ^ s j n reS p ec t whereof such monies shall have been so paid deemed the or deposited as aforesaid, the parties respectively in possession of such lands, as being the owners thereof, or in receipt of the rents of such lauds, as being entitled thereto at the time of such lands being purchased or taken, shall be deemed to have been lawfully entitled to such lands, until the contrary be shown to the satisfaction of the court ; and unless the contrary be shown as aforesaid, the parties so in possession, and all parties claiming under them, or consistently with their posses- sion, shall be deemed entitled to the money so deposited, and to the dividends or interest of the annuities or securities purchased therewith, and the same shall be paid and applied accordingly. Costs in cases of money deposkc-ii. LXXX. In all cases of monies deposited in the bank under the provisions of this or the special Act, or an Act incor- porated therewith, except where such monies shall have been so deposited by reason of the wilful refusal of any party entitled thereto to receive the same, or to convey or release the lands in respect whereof the same shall be payable, or by reason of the wilful neglect of any party to make out a good title to the land required, it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland to order the costs of the following matters, including therein all reasonable charges and expenses incident thereto, to be paid by the promoters of the undertaking; (that is to say,) the costs of the purchase or taking of the lands, or which shall have been incurred in consequence thereof, other than such costs as are herein otherwise provided for, and the costs of the investment of such monies in Government or real securities, and of the reinvestment thereof in the purchase of other lands, and also 8 Vict. c. 18. 538 the costs of obtaining the proper orders for any of the purposes Sect. 80. aforesaid, and of the orders for the payment of the ili\ Ldendfl and interest of the securities upon which such monies shall be invested, and for the payment out of court of the principal of such monies, or of the securities whereon the same shall be invested, and of all proceedings relating thereto, except such as are occasioned by litigation between adverse claimants : Pro- vided always, that the costs of one application only for rein- vestment in land shall be allowed, unless it shall appear to the Court of Chancery in England or the Court of Exchequer in Ireland that it is for the benefit of the parties interested in the said monies that the same should be invested in the pur- chase of lands, in different sums and at different times, in which case it shall be lawful for the court, if it think fit, to order the costs of any such investments to be paid by the promoters of the undertaking. And with respect to the conveyances of lands, be it enacted as follows : LXXXI. Conveyances of lands to be purchased under the Form of provisions of this or the special Act, or any Act incorporated £°^£ y " therewith, may be according to the forms in the Schedules (A) and (B) respectively to this Act annexed, or as near thereto as the circumstances of the case will admit, or by deed in any other form which the promoters of the undertaking may think fit ; and all conveyances made according to the forms in the said schedules or as near thereto as the circumstances of the case will admit shall be effectual to vest the lands thereby conveyed in the promoters of the undertaking, and shall operate to merge all terms of years attendant by express declaration, or by construction of law, on the estate or interest so thereby conveyed, and to bar and to destroy all such estates tail, and all other estates, rights, titles, remainders, reversions, limitations, trusts, and interests whatsoever, of and in the lands comprised in such conveyances which shall have been purchased or compensated for by the consideration therein mentioned ; but although terms of years be thereby merged, they shall in equity afford the same protection as if they had been kept on foot, and assigned to a trustee for the promoters of the undertaking to attend the reversion and inheritance. 534 Lands Clauses Act, 1845. Costs of convey- ances. Sect. 82. LXXXII. The costs of all such conveyances shall be borne by the promoters of the undertaking, and such costs shall include all charges and expenses incurred, on the part as well of the seller as of the purchaser, of all conveyances and assurances of any such lands, and of any outstanding terms or interests therein, and of deducing, evidencing, and verifying the title to such lands, terms, or interests, and of making out and furnishing such abstracts and attested copies as the pro- moters of the undertaking may recpuire, and all other reason- able expenses incident to the investigation, deduction, and verification of such title. Taxation of costs of con- veyances. LXXXIII. If the promoters of the undertaking and the party entitled to any such costs shall not agree as to the amount thereof, such costs shall be taxed by one of the taxing masters of the Court of Chancery or by a Master in Chancery in Ireland, upon an order of the same court, to be obtained upon petition in a summary way by either of the parties ; and the promoters of the undertaking shall pay what the said master shall certify to be due in respect of such costs to the party entitled thereto, or in default thereof the same may be recovered in the same way as any other costs payable under an order of the said court, or the same may be recovered by distress in the manner hereinbefore provided in other cases of costs ; and the expenses of taxing such costs shall be borne by the promoters of the undertaking, unless upon such taxation one-sixth part of the amount of such costs shall be disallowed, in which case the costs of such taxation shall be borne by the party whose costs shall be so taxed, and the amount thereof shall be ascertained by the said master, and deducted by him accordingly in his certificate of such taxation. Payment of price to be made pre- vious lo entry, ex- cept to survey, &c. And with respect to the entry upon lands by the promoters of the undertaking, be it enacted as follows : LXXXIV. The promoters of the undertaking shall not, except by consent of the owners and occupiers, enter upon any lands which shall be required to be purchased or permanently used for the purposes and under the powers of this or the special Act, until they shall either have paid to every party having any interest in such lands, or deposited in the bank, in the manner herein mentioned, the purchase money or com- pensation agreed or awarded to be paid to such parties respec- 8 Vict. c. 18. 535 lively for their respective interests therein : Provided always, Sect. 84. that for the purpose merely of surveying and taking levels of — such lands, and of prohing or boring to ascertain the nature of the soil and of setting out the line of the works, it shall be lawful for the promoters of the undertaking, after giving not less than three nor more than fourteen days' notice to the owners or occupiers thereof, to enter upon such lands with- out previous consent, making compensation for any damage thereby occasioned to the owners or occupiers thereof. LXXXV. Provided also, that if the promoters of the under- Promoters taking shall be desirous of entering upon and using any such allowed to lands before an agreement shall have been come to or an ? ntc , r ? n , ,. lands before award made, or verdict given for the purchase money or com- purchase, pensation to be paid by them in respect of such lands, it shall deposit by be lawful for the promoters of the undertaking to deposit in wav 9 f socuvitv the bank by way of security, as hereinafter mentioned, either and giving the amount of purchase money or compensation claimed by on ' any party interested in or entitled to sell and convey such lands, and who shall not consent to such entry, or such a sum as shall, by a surveyor appointed by two justices in the manner hereinbefore provided in the case of parties who cannot be found, be determined to be the value of such lands, or of the interest therein which such party is entitled to or enabled to sell and convey, and also to give to such party a bond, under the common seal of the promoters if they be a corporation, or if they be not a corporation under the hands and seals of the said promoters, or any two of them, with two sufficient sure- ties to be approved of by two justices in case the parties differ, in a penal sum equal to the sum so to be deposited, con- ditioned for payment to such party, or for deposit in the bank for the benefit of the parties interested in such lands, as the case may require, under the provisions herein contained, of all such purchase money or compensation, as may in manner hereinbefore provided be determined to be payable by the promoters of the undertaking in respect of the lands so entered upon, together with interest thereon, at the rate of five pounds per centum per annum, from the time of entering on such lands, until such purchase money or compensation shall be paid to such party, or deposited in the bank for the benefit of the parties interested in such lands, under the provisions herein contained ; and upon such deposit by way of security being made as aforesaid, and such bond being delivered or tendered 536 Lands Clauses Act, 1845. Sect. 85. to such non-consenting party as aforesaid, it shall be lawful for the promoters of the undertaking to enter upon and use such lands, without having first paid or deposited the purchase money or compensation in other cases required to be paid or deposited by them before entering upon any lands to be taken by them under the provisions of this or the special Act. Upon de- LXXXVI. The money so to be deposited as last aforesaid made emg shall be paid into the bank in the name and with the privity cashier to f ^g Accountant-General of the Court of Chancery in England give receipt. or the Court of Exchequer in Ireland, to be placed to his account there to the credit of the parties interested in or entitled to sell and convey the lands so to be entered upon, and who shall not have consented to such entry, subject to the control and disposition of the said court ; and upon sxich deposit being made, the cashier of the bank shall give to the promoters of the undertaking, or to the party paying in such money by their direction, a receipt for such mouey, specifying therein for what purpose and to whose credit the same shall have been paid in. Deposit to LXXXVII. The money so deposited as last aforesaid shall security? 3 * remain in the bank, by way of security to the parties whose and to be lands shall so have been entered upon for the performance of under the the condition of the bond to be given by the promoters of the tne e court.° f undertaking, as hereinbefore mentioned, and the same may, on the application by petition of the promoters of the under- taking, be ordered to be invested in bank annuities or Govern- ment securities, and accumulated ; and upon the condition of such bond being fully performed it shall be lawful for the Court of Chancery in England or the Court of Exchequer in Ireland, upon a bike application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the promoters of the undertaking, or if such condition shall not be fully performed, it shall be lawful for the said court to order the same to be applied in such manner as it shall think fit for the benefit of the parties for whose security the same shall so have been deposited. The com- LXXXVIII. If at any time the company be unable, by pany may reason of the closing of the office of the Accountant-General of deposit the Court of Chancery in England or the Court of Exchequer 8 Vict. c. 18. 537 in Ireland, to obtain his authority in respect of the payment Sect. 88. in case ne slia11 be entitlecl to tne same > of a manor, or to such party, other than the commoners, as shall be bepaidT l ° entitled to such right in the soil; and the compensation in respect of all other commonable, and other rights in or over such lands, including therein any commonable or other rights to which the lord of the manor may be entitled, other than his right in the soil of such lands, shall be determined and paid and applied in manner hereinafter provided with respect to common lands the right in the soil of which shall belong to the commoners; and upon payment or deposit in the bank of the compensation so determined all such commonable and other rights shall cease and be extinguished. Lord of the C. Upon payment or tender to the lord of the manor, or toerarreyto sucn otner P art y as aforesait b of the compensation which shall the pro- Bave ■ Deen a oreed upon or determined in respect of the right motors or ° ■,-,-, i •. a.i c • ±.i the under- in the soil of any such lands, or on deposit thereof in the x2S*b£ bank in any of the cases hereinbefore in that behalf provided, compensa- sucn j orc | f t h e manor, or such other party as aforesaid, shall interest. ' convey such lands to the promoters of the undertaking, and such conveyance shall have the effect of vesting such lands in the promoters of the undertaking in like manner as if such lord of the manor, or such other party as aforesaid, had been seised in fee simple of such lands at the time of executing such conveyance; and in default of such conveyance it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon the lands in respect whereof such last- mentioned compensation shall have been deposited as afore- said shall vest absolutely in the promoters of the undertaking, and they shall be entitled to immediate possession thereof, subject nevertheless to the commonable and other rights there- tofore affecting the same, until such rights shall have been extinguished by payment or deposit of the compensation for the same in manner hereinafter provided. Compensa- CI. The compensation to be paid with respect to any such common lands, being common lands, or in the nature thereof, the right 8 Vict. c. 18. 543 to the soil of which shall belong to the commoners as well as Sect. 101. the compensation to be paid for the commonable: and other landlwnere rights in or over common lands the right in the soil whereof "' 1 it t i ii :| manor shall not belong to the commoners, other than the compensa- how to tion to the lord of the manor, or other party entitled to the a r " ,;iim ' ,L soil thereof, in respect of his right in the soil thereof, shall be determined by agreement between the promoters of the under- taking and a committee of the parties entitled to commonable or other rights in such lands, to be appointed as next herein- after mentioned. OIL It shall be lawful for the promoters of the under- ^JS taking to convene a meeting of the parties entitled to com- monable or other rights over or in such lands to be held at convened. some convenient place in the neighbourhood of the lands, for the purpose of their appointing a committee to treat with the promoters of the undertaking for the compensation to be paid for the extinction of such commonable or other rights; and every such meeting shall be called by public advertisement, to be inserted once at least in two consecutive weeks in some newspaper circulating in the county or in the respective counties and in the neighbourhood in which such lands shall be situate, the last of such insertions being not more than fourteen nor less than seven days prior to any such meeting; and notice of such meeting shall also, not less than seven days previous to the holding thereof, be affixed upon the door of the parish church where such meeting is intended to be held, or if there be no such church some other place in the neighbourhood to which notices are usually affixed ; and if such lands be parcel or holden of a manor, a like notice shall be given to the lord of such manor. CIII. It shall be lawful for the meeting so called to Meeting to appoint a committee, not exceeding five in number, of the committee. parties entitled to any such rights; and at such meeting the decision of the majority of the persons entitled to common- able rights present shall bind the minority and all absent parties. CIV. It shall be lawful for the committee so chosen to Committeo • tO JICTCG enter into an agreement with the promoters of the under- withthe taking for the compensation to be paid for the extinction of [ ) , |'' l " 1 ' h such commonable and other rights, and all matters relating under- ° ' ° taking. 544 Lands Clauses Act, 1845. Sect. 104. thereto, for and on behalf of themselves and all other parties interested therein; and all such parties shall be bound by such agreement; and it shall be lawful for such committee to receive the compensation so agreed to be paid, and the receipt of such committee, or of any three of them, for such compen- sation, shall be an effectual discharge for the same; and such compensation, when received, shall be apportioned by the committee among the several persons interested therein, according to their respective interests, but the promoters of the undertaking shall not be bound to see to the apportion- ment or to the application of such compensation, nor shall they be liable for the misapplication or non-application thereof. Disputes to CV. If upon such committee being appointed they shall in other fail to agree with the promoters of the undertaking as to the cases- amount of the compensation to be paid aforesaid, the same shall be determined as in other cases of disputed compen- sation. If no com- CVI. If, upon being duly convened by the promoters of appointed, the undertaking, no effectual meeting of the parties entitled toVHetCT- t0 sucn commonable or other rights shall take place, or if, mined by a taking place, such meeting fail to appoint such committee, suit yoi. ^ e amoun t f suc h compensation shall be determined by a surveyor, to be appointed by two justices, as hereinbefore provided in the case of parties who cannot be found. Upon pay- C VII. Upon payment or tender to such committee, or any compensa- three of them, or if there shall be no such committee, then tion payable U p 0n deposit in the bank in manner provided in the like case to com- *• monersthe of the compensation which shall have been agreed upon Or vest 1 . 3 10 determined in respect of such commonable or other rights, it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them, and thereupon the lands in respect of which such com- pensation shall have been so paid or deposited shall vest in the promoters of the undertaking, freed and discharged from all such commonable or other rights, and they shall be entitled to immediate possession thereof; and it shall be lawful for the Court of Chancery in England or the Court of 8 Vict. c. 18. 545 Exchequer in Ireland, by an order to be made upon petition, Sect. 107. to order payment of the money so deposited to a committee to be appointed as aforesaid, or to make such other order in respect thereto, for the benefit of the parties interested, as it shall think fit. And with respect to lands subject to mortgage, be it enacted as follows: CVIII. It shall be lawful for the promoters of the under- Power to J taking to purchase or redeem the interest of the mortgagee of Mortgages. any such lands which may be required for the purposes of the special Act, and that whether they shall have previously pur- chased the equity of redemption of such lands or not, and whether the mortgagee thereof be entitled thereto in his own right or in trust for any other party, and whether he be in possession of such lands by virtue of such mortgage or not, and whether such mortgage affect such lands solely or jointly, or jointly with any other lands not required for the purposes of the special Act, and in order thereto the promoters of the undertaking may pay or tender to such mortgagee the prin- • cipal and interest due on such mortgage, together with his costs and charges, if any, and also six months' additional interest, and thereupon such mortgagee shall immediately convey his interest in the lands comprised in such mortgage to the promoters of the undertaking, or as they shall direct, or the promoters of the undertaking may give notice in writing to such mortgagee that they will pay off the principal and interest due on such mortgage at the end of six months, •computed from the day of giving such notice; and if they shall have given any such notice, or if the party entitled to the equity of redemption of any such lands shall have given . six months' notice of his intention to redeem the same, then at the expiration of either of such notices, or at any intermediate period, upon payment or tender by the promoters of the undertaking to the mortgagee of the principal money due on such mortgage, and the interest which would become due at the end of six months from the time of giving either of such notices, together with his costs and expenses, if any, such mortgagee shall convey or release his interest in the lands comprised in such mortgage to the promoters of the under- taking, or as they shall direct. 546 Lands Clauses Act, 1845. Deposit of mortgage money on refusal to accept. Sect. 109. CIX. If, in either of the cases aforesaid upon such payment or tender, any mortgagee shall fail to convey or release his interest in such mortgage, as directed by the promoters of the undertaking, or if he fail to adduce a good title thereto to their satisfaction, then it shall be lawful for the promoters of the undertaking to deposit in the bank, in the manner provided by this Act in like cases, the principal and interest, together with the costs, if any, due on such mortgage, and also, if such payment be made before the expiration of six months' notice as aforesaid, such further interest as would at that time become due ; and it shall be lawful for them, if they think fit, to. execute a deed poll, didy stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon, as well as upon such conveyance by the mortgagee,, if any such be made, all the estate and interest of such mort- gagee, and of all persons in trust for him, or for whom he may be a trustee, in such lands, shall vest in the promoters of the undertaking, and they shall be entitled to immediate posses- sion thereof in case such mortgagee were himself entitled to such possession. CX. If any such mortgaged lands shall be of less value than Sum to be paid when mortgage the principal, interest, and costs secured thereon, the value of value of the suc h lands, or the compensation to be made by the promoters lands. f the undertaking in respect thereof, shall be settled by agreement between the mortgagee of such land and the party entitled to the ecpiity of redemption thereof on the one part and the promoters of the undertaking on the other part, and if the parties aforesaid fail to agree respecting the amount of such value or compensation, the same shall be determined as in other cases of dispute or compensation ; and the amount of such value or compensation, being so agreed upon or deter- mined, shall be paid by the promoters of the undertaking to the mortgagee in satisfaction of his mortgage debt so far as the same will extend, and upon payment or tender thereof the mortgagee shall convey or release all his interest in such mortgaged lands to the promoters of the undertaking, or as they shall direct. CXI. If, upon such payment or tender as aforesaid being Deposit of when made, any such mortgagee fail so to convey his interest in such refused on tender. mortgage, or to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lawful for them 8 Vict. c. 18. 647 to deposit the amount of such value or compensation in the Sect. 111. bank, in the manner provided by this Act in like cases, and every such payment or deposit shall be accepted by the mort- gagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full discharge of such mortgaged lands from all money due thereon ; and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the purchase of lands by them ; and thereupon such lands, as to all such estates and interest as were then vested in the mortgagee, or any person in trust for him, shall become absolutely vested in the promoters of the undertaking, and they shall be entitled to immediate possession thereof in case such mortgagee were himself entitled to such possession ; nevertheless, all rights and remedies possessed by the mort- gagee against the mortgagor, by virtue of any bond or covenant or other obligation, other than the right to such lands, shall remain in force in respect of so much of the mortgage debt as shall not have been satisfied by such payment or deposit. CXII. If a part only of any such mortgaged lands be Sum to be required for the purposes of the special Act, and if the part so j^ 1 ,', ^jy required be of less value than the principal money, interest, ^™5 I tl (ls and costs secured on such lands, and the mortgagee shall not taken, consider the remaining part of such lands a sufficient security for the money charged thereon, or be not willing to release the part so recpaired, then the value of such part, and also the compensation (if any) to be paid in respect of the severance thereof or otherwise, shall be settled by agreement between the mortgagee and the party entitled to the equity of redemp- tion of such land on the one part and the promoters of the undertaking on the other, and if the parties aforesaid fail to agree respecting the amount of such value or compensation the same shall be determined as in other cases of disputed compen- sation ; and the amount of such value or compensation, being so agreed upon or determined, shall be paid by the promote of the undertaking to such mortgagee in satisfaction of hifl mortgage debt, so far as the same will extend ; and thereupon such mortgagee shall convey or release to them, or as they shall direct, all his interest in such mortgaged lands the value whereof shall have been so paid ; and a memorandum of what shall have been so paid shall be endorsed on the deed creating such mortgage, and shall be signed by the mortgagee ; and a 548 Lands Clauses Act, 1845. Sect. 112. copy of such memorandum shall at the same time (if required) — be furnished by the promoters of the undertaking, at their expense, to the party entitled to the equity of redemption of the lands comprised in such mortgage deed. Deposit of money when re- fused on tender. CXIII. If, upon payment or tender to any such mortgagee of the amount of the value or compensation so agreed upon or determined, such mortgagee shall fail to convey or release to the promoters of the undertaking, or as they shall direct, his interest in the lands in respect of which such compensation shall so have been paid or tendered, or if he shall fail to adduce a good title thereto to the satisfaction of the promoters of the undertaking, it shall be lawful for the promoters of the undertaking to pay the amount of such value or compensation into the bank, in the manner provided by this Act in the case of monies required to be deposited in such bank, and such payment or deposit shall be accepted by such mortgagee in satisfaction of his mortgage debt, so far as the same will extend, and shall be a full discharge of the portion of the mortgaged lands so required from all money due thereon ; and it shall be lawful for the promoters of the undertaking, if they think fit, to execute a deed poll, duly stamped, in the manner herein- before provided in the case of the purchase of lands by them ; and thereupon such lands shall become absolutely vested in the promoters of the undertaking, as to all such estate and interest as were then vested in the mortgagee, or any person in trust for him, and in case such mortgagee were himself entitled to such possession they shall be entitled to immediate possession thereof ; nevertheless, every such mortgagee shall have the same powers and remedies for recovering or compelling pay- ment of the mortgage money, or the residue thereof (as the case may be), and the interest thereof respectively, upon and out of the residue of such mortgaged lands, or the portion thereof not required for the purposes of the special Act, as he would otherwise have had or been entitled to for recovering or com- pelling payment thereof upon or out of the whole of the lands originally comprised in such mortgage. Compensa- CXIV. Provided always, that in any of the cases herein- made in before provided with respect to lands subject to mortgage, if ifSortgage 8 in the mortgage deed a time shall have been limited for pay- paid off meat of the principal money thereby secured, and under the stipulated provisions hereinbefore contained the mortgagee shall have time. 8 Vict, c. 18. -"-in been required to accept payment of bis mortgage money, or of Sect. 114. part thereof, at a time earlier than the time so limited, the promoters of the undertaking shall pay to such mortgagee, in addition to the sum which shall have been so paid off, all such costs and expenses as shall be incurred by such mortgagee in respect of or which shall be incidental to the re-investment of the sum so paid off, such costs in case of difference to be taxed and payment thereof enforced in the manner herein provided with respect to the costs of conveyances ; and if the rate of interest secured by such mortgage be higher than at the time of the same being so paid off can reasonably be expected to be obtained on re-investing the same, regard being had to the then current rate of interest, such mortgagee shall be entitled to receive from the promoters of the undertaking, in addition to the principal and interest hereinbefore provided for, compen- sation in respect of the loss to be sustained by him by reason of his mortgage money being so prematurely paid off, the amount of such compensation to be ascertained, in case of difference, as in other cases of disputed compensation ; and until payment or tender of such compensation as aforesaid the promoters of the undertaking shall not be entitled, as against such mort- gagee, to possession of the mortgaged lands under the provisions hereinbefore contained. And with respect to lands charged with any rent service, rentcharge, or chief or other rent, or other payment or incum- brance not hereinbefore provided for, be it enacted as follows : CXV. If any difference shall arise between the promoters Release of of the undertaking and the party entitled to any such charge rentcharges. upon any lands to be taken for the purposes of the special Act, respecting the consideration to be paid for the release of such lands therefrom, or from the portion thereof affecting the lands required for the purposes of the special Act, the same shall be determined as in other cases of disputed compensation. CXVI. If part only of the lands charged with any such rent Release of service, rentcharge, chief or other rent, payment, or incum- i : [ ui \ s from brance, be required to be taken for the purpose of the special char se. Act, the apportionment of any such charge may be settled by agreement between the party entitled to such charge and the owner of the lands on the one part and the promoters of the undertaking on the other part, and if such appointment be not 550 Lands Clauses Act, 1845. Sect. 116. so settled by agreement the same shall be settled by two justices; but if the remaining part of the lands so jointly subject be a sufficient security for such charge, then, with consent of the owners of the lands so jointly subject, it shall be lawful for the party entitled to such charge to release therefrom the lands required, on condition or in consideration of such other lands remaining exclusively subject to the w T hole thereof. Deposit in case of refusal to release. Charge to continue on lands not taken. CXVII. Upon payment or tender of the compensation so agreed upon or determined to the party entitled to any such charge as aforesaid, such party shall execute to the promoters of the undertaking a release of such charge ; and if he fail so to do, or if he fail to adduce good title to such charge to the satisfaction of the promoters of the undertaking, it shall be lawful for them to deposit the amount of such compensation in the bank in the manner hereinbefore provided in like cases, and also, if they think fit, to execute a deed poll, duly stamped, in the manner hereinbefore provided in the case of the pur- chase of lands by them, and thereupon the rent service, rent- charge, chief or other rent, payment, or incumbrance, or the portion thereof in respect whereof such compensation shall so have been paid, shall cease and be extinguished. CXVIII. If any such lands be so released from any such charge or incumbrance, or portion thereof, to which they were subject jointly with other lands, such last-mentioned lands shall alone be charged with the whole of such charge, or with the remainder thereof, as the case may be, and the party entitled to the charge shall have all the same rights and remedies over such last-mentioned lands, for the whole or for the remainder of the charge, as the case may be, as he had pre- viously over the whole of the lands subject to such charge ; and if upon any such charge or portion of charge being so- released the deed or instrument creating or transferring such charge be tendered to the promoters of the undertaking for the purpose, they or two of them shall subscribe, or if they be a corporation shall affix their common seal to a memorandum of such release endorsed on such deed or instrument, declaring what part of the lands originally subject to such charge shall have been purchased by virtue of the special Act, and if the lands be released from part of such charge, what proportion of such charge shall have been released, and how much thereof 8 Vict. c. 18. 551 continues payable, or if the lands so required shall have been Sect. 118. released from the whole of such charge, then that the remaining — lands are thenceforward to remain exclusively charged there- with ; and such memorandum shall he made and executed at the expense of the promoters of the undertaking, and shall he evidence in all courts and elsewhere of the facts therein stated, hut not so as to exclude any other evidence of the same facts. And with respect to lands subject to leases, be it enacted as follows : CXIX. If any lands shall be comprised in a lease, for a Where part term of years unexpired, part only of which lands shall be under lease 8 required for the purposes of the special Act, the rent jiayable t . ak ! n ,' t {!2 in respect of the lands comprised in such lease shall be apportioned, apportioned between the lands so required and the residue of such lands ; and such apportionment may be settled by agreement between the lessor and lessee of such lands on the one part and the promoters of the undertaking on the other part, and if such apportionment be not so settled by agree- ment between the parties, such apportionment shall be settled by two justices ; and after such apportionment the lessee of such lands shall, as to all future accruing rent, be liable only to so much of the rent as shall be so apportioned in respect of the lands not required for the purposes of the special Act ; and as to the lands not so required, and as against the lessee, the lessor shall have all the same rights and remedies for the recovery of such portion of rent as previously to such appor- tionment he had for the recovery of the whole rent reserved hy such lease ; and all the covenants, conditions, and agree- ments of such lease, except as to the amount of rent to be paid, shall remain in force with regard to that part of the land which shall not be required for the purposes of the special Act, in the same manner as they would have done in case such part only of the land had been included in the lease. CXX. Every such lessee as last aforesaid shall be entitled Tenants to <• i .. i t i i ■ k° coni- to receive from the promoters of the undertaking compensa- pensated. tion for the damage done to him in his tenancy by reason of the severance of the lands required from those not required, or otherwise by reason of the execution of the works. 552 Lands Clauses Act, 1845. Compensa- tion to be made to tenants at will, &c. Sect. 121 CXXT. If any such lands shall be in the possession of any person having no greater interest therein than as tenant for a year or from year to year, and if such person he required to give up possession of any lands so occupied by him before the expiration of his term or interest therein, he shall be entitled to compensation for the value of his unexpired term or interest in such lands, and for any just allowance which ought to be made to him by an in-coming tenant, and for any loss or injury he may sustain, or if a part only of such lands be required, compensation for the damage done to him in his tenancy by severing the lands held by him, or otherwise injuriously affecting the same ; and the amount of such com- pensation shall be determined by two justices, in case the parties differ about the same ; and upon payment or tender of the amount of such compensation all such persons shall respec- tively deliver up to the promoters of the undertaking, or to the person appointed by them to take possession thereof, any such lands in their possession required for the purposes of the special Act. Where greater interest claimed than from year to year, lease to be pro- duced. Limit of time for compulsory purchase. CXXII. If any party, having a greater interest than as tenant at will, claim compensation in respect of any unex- pired term or interest under any lease or grant of any such lands, the promoters of the undertaking may require such party to produce the lease or grant in respect of which such claim shall be made, or the best evidence thereof in his power ; and if, after demand made in writing by the promoters of the undertaking, such lease or grant, or such best evidence thereof, be not produced within twenty-one days, the party so claiming compensation shall be considered as a tenant holding only from year to year, and be entitled to compensation accordingly. CXXII I. And be it enacted, that the powers of the pro- moters of the undertaking for the compulsory purchase or taking of lands for the purposes of the special Act shall not be exercised after the expiration of the prescribed period, and if no period be prescribed not after the expiration of three years from the passing of the special Act. And with respect to interests in lands which have by mis- take been omitted to be purchased, be it enacted as follows : 8 Vict. c. 18. 558 CXXIV. If, at any time after the promoters of the under- Sect. 124. taking shall have entered upon any lands which under the „ — provisions of this or the special Act, or any Act incorporated of the therewith, they were authorised to purchase, and which shall Empowered 8 be permanently required for the purposes of the special Act, !" P^chase tit _ '11 i lUtCT68tS in any party shall appear to be entitled to any estate, nght, or lands the interest in or charge affecting such lands which the pro- wherco? nioters of the undertaking shall through mistake or inad- ma y have IH'l'll verten ze have failed or omitted duly to purchase or to pay omitted by compensation for, then, whether the period allowed for the mistake - purchase of lands shall have expired or not, the promoters of the undertaking shall remain in the undisturbed possession of such lands, provided within six months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the promoters of the undertaking, or in case the same shall be disputed then within six months after the right thereto shall have been finally established by law in favour of the party claiming the same, the promoters of the under- taking shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the promoters of the undertaking thereon and the time of the payment of such purchase money or com- pensation by the promoters of the undertaking, so far as such mesne profits or interests may be recoverable in law or equity ; and such purchase money or compensation shall be agreed on or awarded and paid in like manner as according to the pro- visions of this Act the same respectively would have been agreed on or awarded and paid in case the promoters of the undertaking had purchased such estate, right, interest, or charge before their entering upon such land, or as near thereto as circumstances will admit. CXXV. In estimating the compensation to be given for any How valuo such last-mentioned lands, or any estate or interest in the ^"^jj,,,,. same, or for any mesne profits thereof, the jury, or arbitra- estimated. tors, or justices, as the case may be, shall assess the same according to what they shall find to have been the value of such lands, estate, or interest, and profits, at the time such lands were entered upon by the promoters of the undertaking, and without regard to any improvements or works made in 2 B 554 Lands CImises Act, 1845. Sect. 125. the said lands by the promoters of the undertaking, and a> though the works had not been constructed. Promoters CXXVI. In addition to the said purchase money, conrpen- undertaking sation, or satisfaction, and before the promoters of the under- cuts of the taking shall become absolutely entitled to any such estate, litigation as interest, or charge, or to have the same merged or extin- lands. guished for their benefit, they shall, when the right to any such estate, interest, or charge shall have been disputed by the company, and determined in favour of the party claiming the same, pay the full costs and expenses of any proceedings at law or in equity for the determination or recovery of the same to the parties with whom any such litigation in respect thereof shall have taken place ; and such costs and expenses shall, in case the same shall be disputed, be settled by the proper officer of the court in which such litigation took place. Effect of the word "grant" in convey- ances. CXXXII. In every conveyance of lands to be made by the promoters of the undertaking under this or the special Act the word " grant " shall operate as express covenants by the promoters of the undertaking, for themselves and their suc- cessors, or for themselves, their heirs, executors, administrators, and assigns, as the case may be, with the respective grantees therein named, and the successors, heirs, executors, adminis- trators, and assigns of such grantees, according to the quality or nature of such grants, and of the estate or interest therein expressed to be thereby conveyed, as follows, except so far as the same shall be restrained or limited by express words contained in any such conveyance; (that is to say,) A covenant that, notwithstanding any act or default done by the promoters of the undertaking, they were at the time of the execution of such conveyance seised or pos- sessed of the lands or premises thereby granted for an indefeasible estate of inheritance in fee simple, free from all incumbrances done or occasioned by them, or otherwise for such estate or interest as therein expressed to be thereby granted, free from incumbrances done or occa- sioned by them: A covenant that the grantee of such lands, Ins heirs, suc- cessors, executors, administrators, and assigns, (as the case 8 Vict. c. 18. 555 may be,) shall quietly enjoy the same against the pro- Sect. 132. moters of the undertaking, and their successors, and all other persons claiming under them, and be indemnified and saved harmless by the promoters of the undertaking and theii successors, from all incumbrances created by the promoters of the undertaking: A covenant for further assurance of such lands, at the expense of such grantee, his heirs, successors, executors, administrators, or assigns, (as the case may be,) by the promoters of the undertaking, or their successors, and all other persons claiming under them : And all such grantees, and their several successors, heirs, executors, administrators, and assigns respectively, according to their respective quality or nature, and the estate or interest in such conveyance expressed to be conveyed, may in all actions brought by them assign breaches of covenants, as they might do if such covenants were expressly inserted in such con- veyances. CXXXIII. And be it enacted, that if the promoters of the Land tax undertaking become possessed by virtue of this or the special ^i 1 * 00 *;' 8 Act, or any Act incorporated therewith, of any lands charged made good with the land tax, or liable to be assessed to the poor's rate, they shall from time to time, until the works shall be com- pleted and assessed to such land tax or poor's rate, be liable to make good the deficiency in the several assessments for land tax and poor's rate by reason of such lands having been taken or used for the purposes of the works, and such defi- ciency shall be computed according to the rental at which such lands, with any building thereon, were valued or rated at the time of the passing of the special Act; and on demand of such deficiency the promoters of the undertaking, or their treasurer, shall pay all such deficiencies to the collector of the said assessments respectively; nevertheless, if at any time the promoters of the undertaking think fit to redeem such land tax, they may do so in accordance with the powers in that behalf given by the Acts for the redemption of the land tax. CXXXIV. And be it enacted, that any summons or notice, Service of or any writ or other proceeding at law or in equity, requiring cjulmVy 11011 to be served upon the promoters of the undertaking, may be served bv the same being left at or transmitted through the 2b2 556 Lands Clauses Act, 1845. Sect. 134. post directed to the principal office of the promoters of the undertaking, or one of the principal offices -where there shall be more than one, or "being given or transmitted through the post directed to the secretary, or in case there he no secre- tary the solicitor of the said promoters. Tender of amends. CXXXV. And be it enacted, that if any party shall have committed any irregularity, trespass, or other wrongful pro- ceeding in the execution of this or the special Act, or any Act incorporated therewith, or by virtue of any power or authority thereby given, and if, before action brought in respect thereof, such party make tender of sufficient amends to the party injured, such last-mentioned party shall not recover in any such action; and if no such tender shall have been made it shall be lawful for the defendant, by leave of the court where such action shall be pending, at any time before issue joined, to pay into court such sum of money as he shall think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into court. Act not to extend to Scotland. Scotland. CLII. And be it enacted, that this Act shall not extend to SCHEDULES referred to in the foregoing Act. SCHEDULE (A.) Eokm of Conveyance. I , of , in consideration of the sum of paid to me [or, as the case may be, into tlie Bank of England or Bank of Ireland]. in the name and with the privity of the accountant general of the Court of Chancery, ex parte "the promoters of the undertaking" \_naming them], or to A. B., of , and CD. of , [two trustees appointed to receive the same], pursuant to the [here name the special Act], by the [here name the com- pany or other promoters of the undertaking], incorporated [or constituted] by the said Act, do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenancesithereto belonging, and all such estate, right, title, and interest in and to the same as I am or shall become seised or 8 Vict. c. 20. 557 possessed of, or am by the said Act empowered to convey, to hold Sched. the premises to the said company [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act. In witness whereof I have hereunto set my hand and seal, the day of in the year of our Lord SCHEDULE (B.) Form of Conveyance on Chief Rent. I , of , in consideration of the rentcharge to be paid to me, my heirs and assigns, as hereinafter mentioned, by "the promoters of the undertaking" [naming them], incorporated [or constituted'] by virtue of the [here name the special Act], do hereby convey to the said company [or other description], their successors and assigns, all [describing the premises to be conveyed], together with all ways, rights, and appurtenances thereunto belong- ing, and all my estate, right, title, and interest in and to the same and every part thereof, to hold the said premises to the said com- pany [or other description], their successors and assigns, for ever, according to the true intent and meaning of the said Act, they the said company [or other description], their successors and assigns, yielding and paying unto me, my heirs and assigns, one clear yearly rent of , by equal quarterly [or half -yearly, as agreed upon,] portions, henceforth, on the [stating the days], clear of all taxes and deductions. In witness whereof I hereunto set my hand and seal, the day of in the year of our Lord 8 VICT. Cap. 20. An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the making of Railways. [8th May, 1845.] And with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices, be it enacted as follows : CXL. In all cases where any damages, costs, or expenses are provision by this or the special Act, or any Act incorporated therewith, for damage directed to be paid, and the method of ascertaining the amount wise pro- or enforcing the payment thereof is not provided for, such V1 e or ' amount, in case of dispute, shall be ascertained and determined 558 Railway Clauses. Sect. 140. by two justices ; and if the amount so ascertained be not paid by the company or other party liable to pay the same within seven days after demand, the amount may be recovered by distress of the goods of the company or other party liable as aforesaid ; and the justices by whom the same shall have been ordered to be paid, or either of them, or any other justice, on application, shall issue their or his warrant accordingly. Distress against the treasurer. Method of proceeding before justices in questions of damages, &c CLXI. If sufficient goods of the company cannot be found whereon to levy any such damages, costs, and expenses payable by the company, the same may, if the amount thereof do not exceed twenty pounds, be recovered by distress of the goods of the treasurer of the company; and the justices aforesaid or either of them, on application, shall issue their or his warrant accord- ingly ; but no such distress shall issue against the goods of such treasurer unless seven days' previous notice in writing, stating the amount so due, and demanding payment thereof, have been given to such treasurer, or left at his residence ; and if such treasurer pay any money under such distress as aforesaid he may retain the amount so paid by him, and all costs and expenses occasioned thereby, out of any money belonging to the company coming into his custody or control, or he may sue the company for the same. CXLII. "Where in this or the special Act any question of compensation, expenses. charges or damages, or other matter, is referred to the determination of any one justice or more, it shall be lawful for any justice, upon the application of either party, to summon the other party to appear before one justice, or before two justices, as the case may require, at a time and place to be named in such summons ; and upon the appear- ance of such parties, or in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such one justice, or such two justices, as the case may be, to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, on oath ; and the cost of every such inquiry shall be in the discretion of such justices, and they shall determine the amount thereof. Publication of penalties. CXLIII. The company shall publish the short particulars of the several offences for which any penalty is imposed by this or the special Act, or by any bye-law of the company other persons than the shareholders, officers, or affecting 8 Vict. c. 20. 559 servants of the company, and of the amount of every such Sect, 143. penalty, and shall cause such particulars to be painted on a board, or printed upon paper and pasted thereon, and shall oause such board to be hung up or affixed on some conspicuous part of the principal place of business of the company, and where any such penalties are of local application shall cause such boards to be affixed in some conspicuous place in the immediate neighbourhood to which such penalties are applic- able or have reference ; and such particulars shall be renewed as often as the same or any part thereof is obliterated or destroyed ; and no such penalty shall be recoverable unless it shall have been published and kept published in the manner hereinbefore required. CXLIV. If any person pull down or injure any board put £®*^y lor up or affixed as required by this or the special Act for the boards used purpose of publishing any bye-law or penalty, or shall obli- publication, terate any of the letters or figures thereon, he shall forfeit for every such offence a sum not exceeding five pounds, and shall defray the expenses attending the restoration of such board. CXLV. Every penalty or forfeiture imposed by this or the J^alties to special Act, or by any bye-law made in pursuance thereof, the niarily re- recovery of which is not otherwise provided for, may be ^for^ wo recovered by summary proceeding before two justices ; [and on justices. complaint being made to any justice jhe shall issue a summons, requiring the party complained against to appear before two justices at a time and place to be named in such summons, and every such summons shall be served on the party offending either in person or by leaving the same with some inmate at his usual place of abode; and upon the appearance of the party complained against, or in his absence, after proof of the due service of such summons, it shall be lawful for any two justices to proceed to the hearing of the complaint, and that although no information in writing or in print shall have been exhibited before them ; and upon proof of the offence, either by the confession of the party complained against, or upon the oath of one credible witness or more, it shall be lawful for such justices to convict the offender, and upon such conviction to adjudge the offender to pay the penalty or forfeiture incurred, as well as such costs attending the conviction as such justices shall think fit.] [CXLVI. If forthwith upon any such adjudication as aforesaid PeimUies the amount of the penalty or forfeiture, and of such costs as afore- uy distress. 500 Railway Clauses. bed, l£b. sa id^ oe not paid, the amount of such penalty and costs shall be levied by distress, and such justices, or either of them, shall issue their or his warrant of distress accordingly. ] The words in italics are repealed by the Summary Jurisdiction Act. 1884. Imprison- ment in default of distress. CXLVII. It shall be lawful for any such justice to order any offender so convicted as aforesaid to be detained and kept in safe custody until return can be conveniently made to the warrant of distress to be issued for levying such penalty or forfeiture and costs, unless the offender give sufficient security, by way of recognizance or otherwise, to the satisfac- tion of the justice, for his appearance before him on the day appointed for such return, such day not being more than eight days from the time of taking such, security ; but if before issuing such warrant of distress it shall appear to the justice, by the admission of the offender or otherwise, that no sufficient distress can be had within the jurisdiction of such justice whereon to levy such penalty or forfeiture and costs, he may, if he thinks fit, refrain from issuing such warrant of distress ; and in such case, or if such warrant shall have been issued, and upon the return thereof such insufficiency as aforesaid shall be made to appear to the justice, then such justice shall by warrant cause such offender to be committed to gaol, there to remain without bail for any term not exceeding three months, unless such penalty or forfeiture and costs be sooner paid and satisfied. Distress how to be levied. Distress not unlawful for want of form. CXLVIII. Where in this or the special Act, or any Act incorporated therewith, any sum of money, whether in the nature of penalty or otherwise, is directed to be levied by distress, such sum of money shall be levied by distress and sale of the goods and chattels of the party liable to pay the same, and the overplus arising from the sale of such goods and chattels, after satisfying such sum of money, and the expenses of the distress and sale, shall be returned, on demand, to the party whose goods shall have been distrained. CXLIX. No distress levied by virtue of this or the special Act, or any Act incorporated therewith, shall be deemed unlawful, nor shall any party making the same be deemed a trespasser on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceeding 8 Vict. c. 20. 501 relating thereto, nor shall such party he deemed a trespasser Sect. 149. ab initio on account of any irregularity afterwards committed hy him, hut all persons aggrieved by such defect or irregularity may recover full satisfaction for the special damage in an action upon the case. CL. The justices by whom any such penalty or forfeiture Applicai \<,n shall be imposed may, where the application thereof is not ° otherwise provided for, award not more than one-half to the informer, and shall award the remainder to the overseers of the poor of the parish in which the offence shall have been committed, to be applied in aid of the poor's rate of such parish [or if the place wherein the offence shall have been committed shall be extra-parochial, then such justices shall direct such remainder to be applied in aid of the poor's rate of such extra-parochial place, or, if there shall not be any poor's rate therein, in aid of the poor's rate of any adjoining parish or district], [CLI. No person shall be liable to the payment of any penalty Penalties to m- forfeiture imposed by virtue of this or the special Act, or any ^. (// " Act incorporated therewith, for any offence made cognizable before months, it justice, unless the complaint respecting such offence shall have been made before such justice within six months next after the commission of such offence.] The words in italics are repealed by the Summary Jurisdiction Act, 1884. CLII. If, through any act, neglect, or default on account Damage to whereof any person shall have incurred any penalty imposed „o ™ ! j' n e by this or the special Act, any damage to the property of the addition to company shall have been committed by such person, he shall be liable to make good such damage as well as to pay such penalty ; and the amount of such damages shall, in case of dispute, be determined by the justices by whom the party incurring such penalty shall have been convicted ; and on non-payment of such damages, on demand, the same shall be levied by distress, and such justices, or one of them, shall issue their or his warrant according! v. ■&■• CLIII. It shall be lawful for any justice to summon any Penalty on person to appear before him as a witness in any matter in 2^ which such justice shall have jurisdiction under the provisions default, of this or the special Act at a time and place mentioned in such summons, and to administer to him an oath to testify the 2 B 3 5G2 Railway Clauses. Sect. 153. truth in such matter ; and if any person so summoned shall, without reasonable excuse, refuse or neglect to appear at the time and place appointed for that purpose, having been paid or tendered a reasonable sum for his expenses, or if any person appearing shall refuse to be examined upon oath or to give evidence before such justice, every such person shall forfeit a sum not exceeding five pounds for every such offence. This section is repealed, so far as relates to any matter to which the Summary Jurisdiction Acts apply, by 47 & 48 Vict. c. 43. Transient offenders. Form of conviction. CLI V. It shall be lawful for any officer or agent of the com- pany, and all persons called by him to his assistance, to seize and detain any person who shall have committed any offence against the provisions of this or the special Act, and whose name and residence shall be unknown to such officer or agent, and convey him, with all convenient despatch, before some justice, without any warrant or other authority than this or the special Act ; and such justice shall proceed with all convenient despatch to the hearing and determining of the complaint against such offender. CLV. The justices before whom any person shall be con- victed of any offence against this or the special Act, or any Act incorporated therewith, may cause the conviction to be drawn up according to the form in the schedule to this Act annexed. proceedings CLVI. No proceeding in pursuance of this or the special quashed for Act, or any Act incorporated therewith, shall be quashed or form&c. vacated for want of form, nor shall the same be removed by certiorari or otherwise into any of the superior courts. Parties allowed to appeal to quarter sessions on giving security. CLVII. If any party shall feel aggrieved by any determina- tion or adjudication of any justice with respect to any penalty or forfeiture under the provisions of this or the special Act, or any Act incorporated therewith, such party may appeal to the general quarter sessions for the county or place in which the cause of appeal shall have arisen ; but no such appeal shall be entertained unless it be made within four months next after the making of such determination or adjudication, nor unless ten days' notice in writing of such appeal, stating the nature and grounds thereof, be given to the party against whom the appeal shall be brought, nor unless the appellant forthwith after such notice enter into recognizances, with two b Vict. c. 20. 5G3 sufficient sureties, before a justice, conditioned duly to prose- Sect. 157. cute such appeal, and to abide the order of the court thereon. CLVIII. At the quarter sessions for which such notice shall Co " rtt ° , . , , „ -i , t t , make such be given the court shall proceed to hear and determine the onier as appeal in a summary way, or they may, if they think lit, [JasouaWc. adjourn it to the following sessions ; and upon the hearing of such appeal the court may, if they think fit, mitigate any penalty or forfeiture, or they may confirm or quash the adjudication, and order any money paid by the appellant or levied by distress upon his goods to be returned to him, and may also order such further satisfaction to be made to the party injured as they may judge reasonable ; and they may make such order concerning the costs, both of the adjudication and of the appeal, as they may think reasonable. CLIX. Provided always, and be it enacted, that notwith- Receiver standing anything herein or in the special Act, or any Act poiitan incorporated therewith contained, every penalty or forfeiture ^ctt^*" imposed by this or the special Act, or any Act incorporated receive therewith, or by any bye-law in pursuance thereof, in respect incurred of any offence which shall take place within the metropolitan ™!, t t 1 " ic l t bls police district, shall be recovered, enforced, accounted for, and, except where the application thereof is otherwise specially provided for, shall be paid to the receiver of the metropolitan police district, and shall be applied in the same manner as penalties or forfeitures, other than fines upon drunken persons, or upon constables for misconduct, or for assaults upon police constables, are directed to be recovered, enforced, accounted for, paid, and applied by an Act passed in the third year of the reign of Her present Majesty, intituled An Act for regulating 2&3 Vict. the Police Courts in the Metropolis ; ami every order or con- 0,71, viction of any of the police magistrates in respect of any such forfeiture or penalty shall be subject to the like appeal, and upon the same terms, as is provided in respect of any order or conviction of any of the said police magistrates by the said last-mentioned Act ; and every magistrate by whom any order or conviction shall have been made shall have the same power of binding over the witnesses who shall have been examined, and such witnesses shall be entitled to the same allowance of expenses, as he or they would have had or been entitled to in case the order, conviction, and appeal had been made in pursuance of the provisions of the said last-mentioned Act. 564 Commissioners Clauses Act, 1847. COMMISSIONERS CLAUSES ACT, 1847. 10 VICT. Cap. 16. An Act for consolidating in One Act certain Provisions usually contained in Acts with respect to the Constitution and Regu- lation of Bodies of Commissioners appointed for carrying on Undertakings of a public nature. [23rd April, 1847.] Form of mortgages. Register of mortgages to be kept and to be open to inspection. LXXV. Every mortgage or assignation in security of rates or other property authorized to be made under the provisions of this or the special Act shall be by deed duly stamped, in which the consideration shall be duly stated; and every such deed shall be under the common seal of the commissioners, if they be a body corporate, or, if they be not a body corporate, shall be executed by the commissioners, or any five of them, and may be according to the form in the schedule (B.) to this Act annexed or to the like effect; and the respective mortgagees or assignees in security shall be entitled one with another to their respective proportions of the rates and assessments or other property comprised in such mortgages or assignations respectively, according to the respective sums in such mort- gages or assignations mentioned to be advanced by such mort- gagees or assignees respectively, and to be repaid the sums so advanced, with interest, without any preference one above another by reason of the priority of advancing such monies, or of the dates of any such mortgages or assignations respec- tively. LXXVI. A register of mortgages or assignations in security shall be kept by the clerk to the commissioners, and where by the special Act the commissioners are authorized or required to raise separate sums on separate rates or other property, a separate register shall be kept for each class of mortgages or assignations in security, and within fourteen days after the date of any mortgage or assignation in security an entry or memorial of the number and date thereof, and of the names of the parties thereto, with their proper additions, shall be 10 Vict. c. 1G. 566 made in the proper register, unci every such register may be Sect. 76. perused at all reasonable times by any person interested in any such mortgage or assignation in security without fee or reward. LXXVII. Any person entitled to any such mortgage or Transfer oi assignation may transfer his right and interest therein to any other person; and every such transfer shall be by deed duly stamped, wherein the consideration shall be truly stated; and every such transfer may be according to the form in the schedule (C.) to this Act annexed, or to the like effect. LXXVIII. Within thirty days after the date of every such Better of transfer, if executed within the United Kingdom, or otherwise be kept, within thirty days after the arrival thereof in the United Kingdom, it shall be produced to the clerk to the commis- sioners, and thereupon such clerk shall cause an entry or memorial thereof to be made, in the same manner as in tin- case of the original mortgage or assignation in security, and for such entry the clerk may demand a sum not exceeding five shillings; and after such entry every such transfer shall entitle the transferee, his executors, administrators, or assigns, to the full benefit of the original mortgage or assignation in security, and the principal and interest thereby secured; and such transferee may in like manner assign or transfer the same again, toties quoties ; and it shall not be in the power of any person, except the person to whom the same shall haw: been last transferred, his executors, administrators, or assigns, to make void, release, or discharge the mortgage or assignation so transferred, or any money thereby secured. LXXIX. Unless otherwise provided by any mortgage or interest on assignation in security, the interest of the money borrowed ^te^TM thereupon shall be paid half-yearly to the several parties half-yearly. entitled thereto. LXXX. If the commissioners can at any time borrow or take Power to up any sum of money at a lower rate of interest than any moncy at a securities given by them and then be in force shall bear, they ^^^eBt may borrow such sum at such lower rate as aforesaid, in order to pay off to pay off and discharge the securities bearing such higher aTahigher rate. 566 Commissioners Clauses Act, 1847. Sect. 80. rate of interest, and may charge the rates and other property which they may he authorized to mortgage or assign in secu- rity under this or the special Act, or any part thereof, with payment of such sum and such lower rate of interest, in such manner and subject to such regulations as are herein contained with respect to other monies borrowed on mortgage or assigna- tion in security. o/money 11 LXXXI. The commissioners may, if they think proper, fix borrowed at a period for the repayment of all principal monies borrowed place agreed under the provisions of this or the special Act, with the upon. interest thereof, and in such case the commissioners shall cause such period to be inserted in the mortgage deed or assignation in security; and upon the expiration of such period the principal sum, together with the arrears of interest thereon, shall, on demand, be paid to the party entitled to receive such principal money and interest, and if no other place of payment be inserted in such deed such principal and interest shall be payable at the office of the commissioners. Repayment of money borrowed when no time or place has been agreed upon. LXXXII. If no time be fixed in the mortgage deed or assignation in security for the repayment of the money so borrowed, the party entitled to receive such money may, at the expiration or at any time after the expiration of twelve months from the date of such deed, demand payment of the principal money thereby secured with all arrears of interest, upon giving six months' previous notice for that purpose, and in the like case the commissioners may at any time pay off the money borrowed, on giving the like notice: and every such notice shall be in writing or print, or both, and if given by a mortgagee or creditor shall be delivered to the clerk or left at the office of the commissioners, and if given by the commissioners shall be given either personally to such mort- gagee or creditor or left at his residence, or if such mortgagee or creditor be unknown to the commissioners, or cannot be found after diligent inquiry, such notice shall be given by advertisement in the London Gazette if the office of the com- missioners is in England, the Edinburgh Gazette if it is in Scotland, or in the Dublin Gazette if it is in Ireland. interest to LXXXIII. If the commissioners shall have given notice of cerise on expiration their intention to pay off any such mortgage or assignation in uav ofl°a t0 secm 'ity a ^ a time when the same may lawfully be paid off by 10 Vict. c. 16. 507 them, then at the expiration of such notice all further interest Sect. 83. shall cease to be payable thereon, unless, on demand of pay- m()r tgago ment made pursuant to such notice, or at any time thereafter, debt - the commissioners fail to pay the principal and interest due at the expiration of such notice on such mortgage or assignation in security. LXXXIV. In order to discharge the principal money JJjgg^i borrowed as aforesaid on security of any of the rates, the on security commissioners shall every year appropriate and set apartjout of ^c paid off such rates respectively a sum equal to the prescribed part, and j£ 1 a i( |j£ lite(1 if no part be prescribed one twentieth part of the sums so borrowed respectively, as a sinking fund to be applied in paying off the respective principal monies so borrowed, and shall from time to time cause such sinking fund to be invested in the purchase of exchequer bills or other Government secu- rities, or in Scotland deposited in one of the banks there incorporated by Act of Parliament or Royal Charter, and to be increased by accumulation in the way of compound interest or otherwise, until the same respectively shall be of sufficient amount to pay off the principal debts respectively to which such sinking fund shall be applicable, or some part thereof, which the commissioners shall think ought then to be paid off, at which time the same shall be so applied in paying off the same in manner hereinafter mentioned. LXXXV. "Whenever the commissioners shall be enabled to ^£f* ff pay off one or more of the mortgages or assignations in secu- mortgages, rity which shall be then payable, and shall not be able to pay off the whole of the same class, they shall decide the order in which they shall be paid off by lot among the class to which such one or more of the mortgages or assignations in security belong, and shall cause a notice, signed by their clerk, to be given to the persons entitled to the money to be paid off, pur- suant to such lot, and such notice shall express the principal sum proposed to be paid off, and that the same will be paid, together with the interest due thereon, at a place to be spe- cified, at the expiration of six months from the date of giving such notice. LXXXVI. Where by the special Act the mortgagees or A^^ of assignees in security of the commissioners are empowered to enforced by enforce the payment of the arrears of interest, or the arrears ment of a receiver. 568 Commissioners Clauses Act, 1847. Arrears of principal and in- terest. Sect. 86. of principal and interest, due to them, by the appointment of a receiver, then, if within thirty days after the interest accruing upon any such mortgage or assignation in security has become payable, and after demand thereof in writing, the same be not paid, the mortgagee or assignee in security may, without prejudice to his right to sue for the interest so in arrear in any of the superior courts, require the appointment of a receiver, by an application to be made as hereinafter pro- vided; and if within six months after the principal money owing upon any such mortgage or assignation in security has become payable, and after demand thereof in writing, the same be not paid, together with all interest due in respect thereof, the mortgagee or assignee in security, without pre- judice to his right to sue for such principal money, together with all arrears of interest, in any of the superior courts, may, if his debt amount to the prescribed sum, alone, or, if his debt do not amount to the prescribed sum, he may in conjunction with other mortgagees or assignees in security whose debts being so in arrear, after demand as aforesaid, together with his, amount to the prescribed sum, require the appointment of a receiver, by an application to be made as hereinafter provided. As to the appoint- ment of a receiver. LXXXVII. Every application for a receiver in the cases aforesaid shall in England or Ireland be made to two justices, and in Scotland to the sheriff, and on any such application such justices or sheriff may, by order in writing, after hearing the parties, appoint some person to receive the whole or a competent part of the rates or sums liable to the payment of such interest, or such principal and interest, as the case may be, until such interest, or until such principal and interest, as the case may be, together with all costs, including the charges of receiving the rates or sums aforesaid, be fully paid; and upon such appointment being made all such rates and sums of money as aforesaid, or such part thereof as may be ordered by the said justices or sheriff, shall be paid to the person so to be appointed, and the money so paid shall be so much money received by or to the use of the party to whom such interest, or such principal and interest, as the case may be, shall be then due, and on whose behalf such receiver shall have been appointed, and after such interest and costs, or such principal, interest, and costs, have been so received, the power of such receiver shall cease. 10 Vict. c. 16. 5G!J LXXXA^III. The books of account of the commissioners Sect. 88. shall be open at all seasonable times to the inspection of the Account respective mortgagees or assignees in security of the commifl- b "" k " '" '" sioners, with liberty to take extracts therefrom, without fee or Inspection reward. :''.'"" n - SCHEDULE (B.) Sect. 75. Form of Mortgage. By virtue of [here name the special Act], we [here name the corporation^ if the commissioners be incorporated, or if not incor- porated, Jive of the commissioners,] appointed in pursuance of the said Act, in consideration of the sum of paid to the treasurer to the said commissioners by A.B., of , for the purposes of the said Act, do grant and assign unto the said A.B., his executors, administrators, and assigns, such proportion of the rates, rents, profits, and other moneys arising or accruing by virtue of the said Act from [here describe the rates or other property proposed tn be mortgaged] as the said sum of doth or shall bear to the whole sum which is or shall be borrowed upon the credit of the said rates, rents, profits, or moneys, to hold to the said A.Ji., his executors, administrators, and assigns, from this day until the said sum of , with interest at per centum per annum for the same, shall be fully paid and satisfied (the principal sum to be repaid at the end of years from the date hereof [in case any period be agreed upon for that pv/rpose~\. Given under our corporate seal [or In witness whereof we have hereunto set our hands and seals, or, if the deed be granted in Scotland, insert the testing clause required by the law of Scotland, as the case may be] this day of , one thousand eight hundred and SCHEDULE (C.) Sect. 77. Eorm of Transfer of Mortgage. I, A.B., of , in consideration of the sum of paid to me by CD., of , do hereby transfer to the said CD., his executors, administrators, and assigns, a certain mortgage [or, if the deed be granted in Scotland, a certain assignation in security], number , made by " the commissioners for executing the [here name the special Act] to , bearing date the day of , for securing the sum of and Lateresl [or, if such transfer be by endorsement, the within security], and all my right, estate, and interest in and to the money thereby secured, and in and to the rates, rents, profits, or other moneys thereby assigned. In witness whereof I have hereunto set my hand and seal [or, if the deed be granted in Scotland, insert the testing clause required by the law of Scotland] this day of , one thousand eight hundred and -570 Waterworks Clauses Act, 1847. WATERWORKS CLAUSES ACT, 1847. 10 VICT. Cap. 17. An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Waterworks for supplying Towns with Water. [23rd April, 1847.] # * * « * And with, respect to the breaking up of streets for the pur- pose of laying pipes, be it enacted as follows : break up XXVIII. The undertakers, under such superintendence as streets, &c, is hereinafter specified, may open and break up the soil and superintend- pavement of the several streets and bridges within the limits to open"* °^ *^ e s P ec i a l Act; an( l ma y open and break up any sewers, drains. drains, or tunnels within or under such streets and bridges, and lay down and place within the same limits pipes, con- duits, service pipes, and other works and engines, and from time to time repair, alter, or remove the same, and for the purposes aforesaid remove and use all earth and materials in and under such streets and bridges, and do all other acts which the undertakers shall from time to time deem necessary for supplying water to the inhabitants of the district included within the said limits, doing as little damage as can be in the execution of the powers hereby or by the special Act granted, and making compensation for any damage which may be done in the execution of such powers. Not to XXIX. Provided always, that nothing herein contained private land shall authorize or empower the undertakers to lay down or consent place any pipe, conduit, service pipe, or other work in any land not dedicated to public use without the consent of the owners and occupiers thereof, except that the undertakers at any time may enter upon and lay or place any new pipe in the place of an existing pipe in any land wherein any pipe hath been already lawfully laid down or placed in pursuance of this or the special Act, or any other Act of Parliament, and may repair or alter any pipe so laid down. 10 Vict. c. 17. 571 XXX. Before the undertakers open or break up any street, Sect. 30. bridge, sewer, drain, or tunnel, they shall give to the persons Notioeto under whose control or management the Bame may be, oi to '"''"' v '' 1 . „ . . on pi i .sons their clerk, surveyor, or other officer, notice in writing of having their intention to open or break up the same, not less than before three clear days before beginning such work, except in cases breaMngup of emergency arising from defects m any of the pipes or other opening works, and then so soon as is possible after the beginning of 1,uus ' the work, or the necessity for the same shall have arisen. XXXI. No such street, bridge, sewer, drain, or tunnel Streets or , „ , ,. ° ' „ . . ' , drains not shall, except in the cases of emergency aforesaid, be opened or to be broken up, except under the superintendence of the persons ^cept UP having the control or management thereof, or of their officer, under . , supcnn- and according to such plan as shall be approved of by such tendence persons or their officer, or in case of any difference respecting j^Ting 0118 such plan, then according to such plan as shall be determined c<>ntn>i .>i by two justices; and such justices may, on the application of the persons having the control or management of any such sewer or drain, or their officer, require the undertakers to make such temporary or other works as they may think necessary for guarding against any interruption of the drainage during the execution of any works which interfere with any such sewer or drain: Provided always, that if the if persons persons having such control or management as aforesaid, and control, &c, their officer, fail to attend at the time fixed for the opening of ^ J^ ntend any such street, bridge, sewer, drain, or tunnel, after having undertakers had such notice of the intention of the undertakers as afore- f 0rm t ho said, or shall not propose any plan for breaking up or opening ^-^^ the same, or shall refuse or neglect to superintend the opera- them. tion, the undertakers may perform the work specified in such notice without the superintendence of such persons, or their officer. XXXII. When the undertakers open or break up the road streets, &c n , . , n • bmken up or pavement of any street or bridge, or any sewer, dram, or to bo j^ tunnel, they shall with all convenient speed complete the ^out work for which the same shall be broken up, and fill in the delay- ground, and reinstate and make good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, and carry away the rubbish occasioned thereby, and shall at all times whilst any such road or pavement shall he so opened or broken up cause the same to be fenced and guarded, and shall 572 Waterworks Clauses Act, 1847. Se ct. 3 2. cause a light sufficient for the warning of passengers to he set Penalty for delay in reinstating streets, &c. In case of delay, other parties may reinstate and recover the ex- penses. up and kept there against, every night during which such road or pavement shall he continued open or hroken up, and shall, after replacing and making good the road or pavement which shall have heen so broken up, keep the same in good repair for three months thereafter, and such further time, if any, not being more than twelve months in the whole, as the soil so broken up shall continue to subside. XXXIII. If the undertakers open or break up any street or bridge, or any sewer, drain, or tunnel, without giving such notice as aforesaid, or in a manner different from that which shall have been approved of or determined as aforesaid, or without making such temporary or other works as aforesaid, when so required, except in the cases in which the under- takers are authorized to perform such works without any superintendence or notice, or if the undertakers make any unnecessary delay in completing any such work, or in filling in the ground, or reinstating and making good the road or pavement, or the sewer, drain, or tunnel, so opened or broken up, or in carrying away the rubbish occasioned thereby, or if they neglect to cause the place where such road or pavement has been broken up to be fenced, guarded, and lighted, or neglect to keep the road or pavement in repair for the space of six months next after the same is made good, or such further time as aforesaid, they shall forfeit to the persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such default is made a sum not exceeding five pounds for every such offence, and an additional sum of five pounds for each day during which any such delay as aforesaid shall continue after they shall have received notice thereof XXXIV. If any such delay or omission as aforesaid shall take place the persons having the control or management of the street, bridge, sewer, drain, or tunnel in respect of which such delay or omission shall take place may cause the work so delayed or omitted to be executed, and the expense of executing the same shall be repaid to such persons by the undertakers, and such expenses may be recovered in the same way as damages are recoverable under this and the special Act. APPENDIX. APPENDIX A.— No. 1. Directions as to Proceedings under the Burial Acts. appointment of burial boards. It is to be noted that the provisions of the " Burial of the Dead in the Metropolis Act, 1852 " (15 & 16 Vict. c. 85), from section 10 to section 42 (both inclusive), and also sections 44, 50, 51, and 52 are, by the enactment in section 7 of the " Burial of the Dead beyond the Limits of the Metropolis Act, 1853" (16 & 17 Vict. C. 134), applied to any parish not in the metropolis. 1. A meeting of the vestry or in the nature of a vestry, of a 15 8 ^ ls y! cl " parish (poor law or ecclesiastical), or of a district for which such y egt ' r y • meetings have been accustomed to be held, is required by law to be meeting, convened by the churchwardens, or other persons to whom it belongs to convene such meetings, to consider whether a burial ground shall be provided under the Burials Act for such parish or district, on the following occasions : («) Upon the requisition in writing of ten or more ratepayers of (Ibid.) any parish in which the place or places of burial shall appear to such ratepayers insufficient or dangerous to health. (V) Where notice is given of the intention of the Secretary of 18 & 19 Vict. State to represent to Her Majesty in Council that burials c 128,8.3 should be discontinued wholly or in part in any burial ground in the parish. Also the same authorized persons may also convene a vestry at (Ibid.) any time at their discretion to determine the same question. 2. Public notice must be given of such vestry meeting, and the J 6 & 16 Vict, place and hour of holding the same, and the special purposes thereof, in the usual manner in which notices of the meeting of the vestry are given, at least seven days before holding the vestry. 3. If the vestry propose to adopt the Burial Acts they should (Ibid.) pass a resolution in the following terms : — " That a burial ground under the Burial Acts shall be provided for the parish of ." 4. A copy of such resolution, extracted from the minutes of the (Ibid.) vestry and signed by the chairman, must be sent to the Secretary of State. 574 Appendix. Appndx. 5. If such resolution be passed and a copy sent as abovi described, the vestry may proceed to appoint a burial board, without 15 & 16 Vict, further reference to the Secretary of State, except in the following c. 85, s. 11. caseg . — Cases where (1) " Where a parish or place has been united with any other approval of place, parishes, or places for all or any ecclesiastical Secretarv of r r J State is purposes, required "or appoint- (2) " Where two or more parishes or places have heretofore had ment of a church or a burial ground for their joint use, burial (( board. or c°8i s 1 J' Ct * ("*) " Where the inhabitants of several parishes or places have been accustomed to meet in one vestry for purposes common to such several parishes or places, then, — notwithstanding that by 18 &c 19 Vict. c. 128, s. 11, power is given to the vestry or meeting in the nature of a vestry of such several parishes or places (and whether any one or more of them do or do not separately maintain its own poor) to appoint a burial board and exercise the powers therein referred to as are vested in the vestry of a parish or place separately maintaining its own poor, — nevertheless, if any of the several parishes or places — («) " separately maintains its own poor, or (£) "has a separate burial ground, it shall not be lawful for the vestry or meeting in the nature of a vestry of such several parishes or places to appoint a burial board under 18 & 19 Vict. c. 128, s. 11, without the approval of one of Her Majesty's principal Secretaries of State. (4) "Also— 23 & 24 Vict. "Where any parish or place has been divided into two or c. 64, s. 4. more parts or districts for all or any ecclesiastical pur- poses, and any one of such parts has a separate burial ground, it shall not be lawful for the vestry or meeting in the nature of a vestry for such entire parish or place to appoint a burial board without the approval of one of Her Majesty's principal Secretaries of State." 20 & 21 Vict. 6. In any case where the approval of the Secretary of State is c. 81, s. 9. necessary it shall be applied for as follows. After the vestry have passed the resolution already described of their intention to provide such burial ground, and "before they take any further proceedings, they must pass a resolution in the following termsi : — 34 & 35 Vict. " That it is expedient that a burial board shall be appointed c. 33, s. 1. under the Burials Acts for the parish (or district) of , which includes the parishes or portions of the parishes of , and of , each of which has a separate burial ground [or] is separately rated to the poor." And submit such resolution to the Secretary of State for his approval. 7. When making application for such approval it should be stated in what manner the ratepayers in each and all of the Directions as to Proceedings under the Burial Acts. 676 districts to be affected have been informed of what is proposed, and Appndx. whether or not there is any opposition, and, if there be, by win mi and for what alleged reasons. 8. If the Secretary of State decides to approve of such resolution of the vestry, he will signify his approval by letter from the Home Office ; and on receiving such approval, the vestry will be at liberty to elect the members of the burial board as in the first instance. 9. If, however, it appear to the Secretary of State that any of 20 & - l )"' such parishes or places has a sufficient burial ground, or that other- c " ' s " wise it would not be expedient that the powers should be exercised in relation to such parish or place, the Secretary of State may direct that such parish or place shall be excepted ; and the inhabit- ants of the remaining parish or parishes, place or places, may assemble in vestry from time to time, and in such vestry or meeting may proceed in like manner in all respects as if the inhabitants of such last-mentioned parish or parishes, place or places, exclusively had a vestry for their common purposes, and were wholly uncon- nected with the parish or place so excepted. 10. Subject to the above conditions, the vestry convened for the Burial purpose may proceed to appoint a burial board, which may consist jj^Vg Vict, of not less than three, and not more than nine members, of whom c . S5, s. 11. the incumbent, though not a ratepayer, may be one. 11. The expenses proposed to be incurred by the burial board in 15 * 1G |' ( ict - purchasing and laying out a burial ground in pursuance of their powers to that effect, and in building chapels, &c, thereon, must be sanctioned by the vestry of the parish ; and to provide funds for meeting such expenses, the Public Works Loan Commissioners, (Ibid.), s. 20. with the sanction of the Treasury, are empowered to advance money to burial boards on security of the rates to be repaid by any number of annual instalments, not exceeding thirty. 12. It is necessary that all the proceedings in respect of the appointment of burial boards should be strictly regular, inasmuch as if the board should require to borrow money, it could not be raised if any doubt exist as to the validity of the security. (B. v. Wright, 8 Jur. (N.s.) 260.) PROVIDING OF BURIAL GROUNDS. 13. By the Burials Act, 1853, power was given to the Queen in "Whore Council, upon a representation from the Secretary of State to such "^ l I - r i'- tTw->-°o f effect, to order that no new burial ground shall be opened in any s, :it( . ,',,thc city or town or within any other limits save with the previous site is approval of the Secretary of State ; it has been the invariable jj^y^ol practice, whenever an Order in Council has been made for discon- c ^u 8 ,_ tinuing burials in any churchyard or burial ground in any city, town, or parish, at the same time also to make order requiring the previous approval of the Secretary of State for any new burial ground within such limits. 14. If, therefore, any such Order in Council has been made affecting any parish or place, the burial board should take care to obtain the approval of the Secretary of State for the site of the new 576 Appendix. Appndx. burial ground, and in purchasing land should be careful to contract subject to such approval. 15 & 16 Vict, cannot be afterwards closed c. 85, a. 7. Actg> A new burial ground so approved by any proceedings under the Burial 15. Although a parish, in respect of which no such Order in Council has been made, may take proceedings under the Burial Acts, and appoint a burial board and provide a burial ground, without the approval of the Secretary of State for the site being necessary, still inasmuch as a new ground, in the absence of such approval, would be liable to be afterwards closed by Order in Council under the Burial Acts, and thus lose its value as a security, it is desirable in all cases that the approval of the Secretary of State should be secured prior to the purchase of the land. 16. A burial ground may be situated either within or without the limits of the parish for which it is provided ; but the burial board are bound to have regard to the conveniences of access thereto from the parish or parishes for which it is provided. 17. It is required by law that a new burial ground under the Burial Acts shall be divided into consecrated and unconsecrated parts, and the unconsecrated part shall be allotted in such manner and in such portions as may be sanctioned by the Secretary of State ; except (1) where it is at once assimilated to the parish churchyard, which can be effected if the vestry, at a meeting specially called for the purpose, unanimously resolve that such new ground shall be held and used in all respects as the existing churchyard, but in that case another ground not consecrated may be provided if action for the purpose be taken within ten years ; or (2) where, with the approval of the Secretary of State, the burial board provides separate and distinct grounds to be used respectively as consecrated and unconsecrated burial grounds. 18. As the division of a new burial ground into consecrated, and unconsecrated parts, and an allotment of the unconsecrated part into portions should depend upon an approximate estimate of the proportion between the numbers of the inhabitants in the parish attached to the Established Church and of those who are Noncon- formist, distinguishing amongst the latter those who, like Jews or Roman Catholics, may wish for a separate allotment for their own use, it is desirable that, in submitting the site of a new burial ground for the approval of the Secretary of State, the burial board should at the same time submit for his approval a plan showing the proposed division of such burial ground into consecrated and un- consecrated portions, and also the proposed allotment, if any, of the unconsecrated portion ; and, if there be no allotment submitted, that it should be explained why it appears that there is no necessity for an allotment. Surplus 19. If a burial hoard, from the exigencies of the case, find them- l5 n &'l6Vict se ^ ves possessed of more land than is required for the purposes of a c. 85, s. 28. ' burial ground for the district, they may either sell the superfluous 18 & 19 Vict, land, subject to the approval of the vestry, or they may let the c. 128, s. 17. same) subject to the approval of the Secretary of State, and subject to regulations approved of by him, power, however, being reserved to the board to resume possession upon giving six months' notice. 15 & 16 Vict. c. 85, s. 25. Division into con- secrated and uncon- secrated parts and allotment. 15 & 16 Vict. C 85, s. 30. 16 & 17 Vict. c. 134,!s. 7. 18 & 19 Vict. C 128, s. 10. 20 & 21 Vict, c 81, s. 3. Directions as to Proceedings under the Burial Arts. 577 20. A burial board may build a chapel for the performance oi Appdx. A burial service according to the rites of the Church of England, ami the plans of such chapel are subject to the approval of the No. 1. bishop. 15 * r C. 85, B. 3U. 21. If, however, they build such chapel, the burial board are |, ; ,v,, bound also to build a chapel on the unconsecrated part of the burin I & 134, s. 7. ground for the performance of burial service by Nonconformists, and rlie plans of such unconsecrated chapel must be submitted for the approval of the Secretary of State. 22. Unless the vestry of the parish resolve, by a majority con- 18 * 19Vi ' taining not less than three-fourths of its members, that it is c ' " ' 3 " unnecessary and undesirable to provide such unconsecrated chapel, then on receiving a representation to that effect, and on being sat istied that every legal notice of the holding of such vestry was duly given, the Secretary of State may signify his opinion in the same sense to the burial board, and the burial hoard will be relieved from the obligation to provide such chapel. 23. If the burial board determine that there is no necessity to provide a chapel on the consecrated part of the ground, there is nothing to prevent their nevertheless providing a chapel for the unconsecrated portion of the ground, and in such case it is held that the proviso in section 7 of the Act 1(! & 17 Vict. c. 134, is not applicable, and that the plans do not require the approval of the Secretary of State. 24. The burial board fix and settle fees and payments in respect Fees. of interments and other services connected therewith in the new c ^ 85 s . 34.° burial ground, subject to the approval of the Secretary of State. 18 &19 Vicl . 25. The Secretary of State requires evidence that the proposed scale of fees has been published in the district to which it applies a sufficient time to allow of objections being made. Such publica- tions should be by advertisement in a local newspaper and by affix- ing the scale of fees to the doors of all churches and chapels in the district for not less than three weeks before application is made for approval. 26. The scale of fees submitted for approval should contain the fees payable to the burial board only, and should be authenticated by the signature of the chairman or by the seal of the board. 27. The fees to the minister, clerk, and sexton are provided for separately in the Burial Acts, and should not appear in the table submitted for the approval of the Secretary of State. Whitehall, May, 1887. c. 128, s. 7. 2 c 578 Appendix. Appdx. A No. 2. APPENDIX A.— No. 2. Suggestions to Burial Boards providing and managing Burial Grounds, and making Arrangements for In- terments by the Inspector under the Burial Acts of 1852-3-4-5-7-9, 1860, and 1871. SITUATION. The site for a burial ground should be chosen far enough from dwellings to secure their inmates from danger or annoyance, and near enough to the mass of the population to avoid as much as possible increasing the cost and inconvenience of conveying funerals a too great distance. Small burial grounds may with propriety be established nearer to a town than larger ones, and nearer to towns which are slowly than to such as are rapidly increasing. It is desirable to choose a site towards which the town is not extending, both because such a situation is not likely to be encroached upon by houses, and because land not in demand for building is cheaper, and more of it may therefore be obtained at moderate cost. Land at building-ground price is generally too dear for graves. It is often, however, more economical to pay a rather higher price for land, than to fix the burial ground at such a distance as to render carriages necessary for all the funerals, the annual cost of which may exceed the saving of interest on the extra price of the land : the object being to keep down the charge of the entire funeral, not merely to secure cheap graves, the cost of which is often a small part only of the whole expense. Many burial grounds are much used as public walks, for which purpose they would be useless at too great a distance from the population. The Burial Act of 1855 requires that no ground (not already used as or appropriated for a cemetery) shall be used for burials, under ih is Act, unless the consent in writing of the owner, lessee, and occupier of every dwelling within 100 yards of any ground to be soused shall be previously obtained. The object of this provision is doubtless to enable owners of houses to protect their property from depreciation, as well as to guard the occupiers from annoyance or risk of injury. It is evidently important to avoid selecting a site for which many such consents must be obtained, but it is not neces- sary (as some have supposed) that no house whatever shall be within that distance. SOIL AND DRAINAGE. The quality of the soil is of great importance. Dry, open soils which readily admit air and moisture, allowing the rain which falls upon the surface to enter readily, carrying air down with it, facilitate decay, and permit graves to be sooner reopened for subsequent interments. Porous soils, mixed with vegetable mould, absorb and decompose the products of decay, and prevent the escape of injurious emanations, if the quantity of animal matter be not too large in proportion to the area, and if the soil near the coffin be left undis- turbed until decomposition is completed. Dense clay soils are in all Suggestions to Burial Boards. 579 respects undesirable ; they exclude air and moisture, retard decom- Appdx. A position, and render it improper to reopen a grave, to nearly ita original depth, within any reasonable period. In sum,- -udi soils No. 2. coffins have remained undecayed for thirty years or more, and therefore graves in such soils can be used a very limited number ot times only. They are, moreover, expensive to drain ; they retain the gases of decomposition, and sometimes crack, possibly allowing dangerous exhalations to escape. It is so difficult and expensive to remedy these defects that it is better to select an open than a clay soil, even though the site be moderately more distant, or more costly. In some such cases the plan has been adopted of enclosing separately every coffin buried in concrete or cemented stone or brickwork, the extra cost of which is to be set against the diminished cost of less excavation, and less rapid filling of space. Soils which have no proper mould, and which consist chiefly of stone, may allow of the passage of undecomposed emanations, and it is difficult and expensive to supply the mould in which they are deficient. It is always desirable, before deciding upon a site, to have the soil examined in various places to the depth of at least eight feet. The neighbourhood of any open reservoir or conduit conveying water used for domestic purposes should lie avoided, and great care must be taken that there are no wells, or streams supplying water so used, liable to be polluted by drainage from graves. Land which cannot be effectually drained, so as to prevent water remaining in any vault or grave, or which is liable to be flooded, is unsuitable. Several fatal accidents have been caused by the foul water from a grave or vault bursting in upon another grave made near it. Great reluctance is felt to burying a coffin in a wet grave, and it is very disagreeable and sometimes dangerous to bale water on to the surface. As is well known, dense soils are rendered less so when effectually drained, and such are thereby rendered less unsuitable for burial purposes. Sometimes, when deep drainage is required, it will be sufficient to construct one or more deep drains through the cemetery without any artificial connection with the graves ; but when the soil is very dense, the only effectual mode of preventing accumulation of foul water in the grave is by laying a pipe or broken stone drain from grave to grave, and so connecting them all with the main drain. In some such cases this cost has been diminished by making the first graves next to the drain, and merely opening the soil between the bottom of the grave and the drain, taking care to put at the bottom of every grave some gravel or other porous material. This plan has been found effectual for maintaining a passage fur the water without great cost. The surface water has been successfully managed in three different ways in soil too dense to allow of percolation. In some such cases great care has been taken by ramming in the soil to prevent surface water entering the grave, but this is difficult and costly ; in other cases a line of drain pipes has been laid just below the surface soil at the upper end of each row of graves to catch the surface water which would otherwise trickle into them ; the third plan has been to place drain pipes vertically in the corner of each grave to convey 2c2 580 Appendix. Appdx. A any water which may enter it direct to the drain at the bottom of each. The necessity for adopting any of these expedients shows the No. 2. importance of avoiding, if possible, a soil so dense as to require them. In a few instances, when it was impossible to obtain a sufficient outfall for the drainage, the water lias been removed by pumping; in other cases escape for the water has been obtained by sinking a shaft through the impervious stratum which retained it, into a per- vious stratum below. Very careful preliminary examination will be necessary, and no difficult modes of drainage should be resorted to unless advised by a person of skill and experience ; or very heavy expense may be incurred. In all cases care must be taken not to risk the pollution of water used for domestic purposes. In some cemeteries clay soil has been improved by mixing sand or gravel with that with which graves are refilled, to render it porous. It has been proposed to use burnt clay for this purpose. PATHS AND ROADWAYS. As burial grounds ought to be conveniently accessible at all seasons of the year, it is very important that the roads be of very hard material ; and there should be ample provision of footpaths fit to walk upon in the wettest weather. At Nottingham, Chesterfield, Sheffield, and some other of the midland and northern towns, roads and footpaths for gardens and cemeteries have been formed somewhat resembling asphalte, but very much cheaper. They are made of iron furnace cinder, or other hard material, bound together by gas tar, boiled down to a sort of pitch, only just enough to bind the material together being used, and sprinkled with sparkling spar to render them ornamental. This material is stated to be very suitable for a footpath which must be used in all weathers ; being always hard and free alike from dirt or dust, cheap, durable, easily repaired, and requiring no weeding. Xo one possesses any patent right to make this asphalte, but those accustomed to make it are likely to do so best. It is rather extensively used at railway stations, and may be kept in good repair at small cost. Some burial grounds have a footpath between every second row of graves, so that access to any may lie obtained without walking on the grass. There is rarely occasion for incurring this expense, as the grass path, which may be easily left by so arranging that the ends of the graves shall be alternately rather less and rather more apart, will be usually all that is needed for giving access from the main path to all the graves, without trampling upon any, When the ground is wet and soft a temporary pathway of planks may be laid upon the grass paths. FENCING AND PLANTING. The official regulations require simply that the burial ground shall be effectually fenced, so that it may be protected from tres- passers or from the intrusion of any animals which may injure the Suggestions to Burial Boards, 581 monuments, plants, or trees, leaving the sort of fence undeter- Appdx. A mined. When the burial ground is among fields, a good hed which may be strengthened by stretched wires, is all thai La often No. 2. thought necessary, with a dwarf wall and rail, if there be any public road adjoining. A favourite plan is a sunk fence with a wall on line side only, and evergreen or other hedge on the top. High walls are generally objected to as unsightly, unnecessarily expensive, and impeding the free passage of air. Sometimes, however, walls arc useful to increase the seclusion of the cemetery, or to shelter it from cutting winds, which might prevent the growth of trees and shrubs. In almost all cases burial boards have been desirous of obtaining more ground than is absolutely required, in order that part may be devoted to ornamental planting, and sites are often chosen on which ornamental trees already stand. Growing vegetation is not, only useful for ornament, but for absorbing and rendering harmless the products of putrefaction. Trees, by their roots, carry off the pro- ducts of decay, and enable a cemetery to serve some of the purposes of a public walk or garden, by making it a place of safe, quiet, and agreeable resort ; and when cemeteries are, as is usual, ornamentally laid out and well kept, they are a source of great gratification and advantage ; they are especially resorted to on Sunday afternoons, and arc much valued by those who have little other opportunity of taking out-door exercise except during part of thei r day of rest . Very little complaint has been made of improper behaviour by those who resort to the cemeteries, except when the practice of burial on Sundays has been continued, when the presence of numerous spectators has often been found very inconvenient. Many burial boards have, to avoid this and other serious evils, limited burials on Sundays to those before morning service, greatly to the advantage of the servants of the burial boards, of the undertakers and their men, and, as is believed, of those who before buried their dead on Sundays, who, it is asserted, spent more in funeral expenses on Sundays than they saved by not giving up their earnings on a week day. The serious inconvenience that must be caused by imposing extra duty on ministers of religion on the days when they are otherwise most engaged is evident. As cemeteries are frequented at all seasons, it is well to have a laro-e proportion of evergreen trees, some of which, such as the cypress and yew, are peculiarly appropriate ; but there should be mixed with them desiduous trees and some of quick growth, to relieve the bareness of newly enclosed ground ; such trees may be removed when no longer needed. " Mr. Loudon recommends for planting in cemeteries trees chiefly of the fastigiate growing kinds, which neither cover a large Bpace with their branches nor give too much shade when the sun shines, and which admit light and air to neutralise any mephitic effluvia. Of these there are the oriental arbor vitas, the evergreen cyp. the Swedish and Irish juniper, &c. For the same reason, tars of the narrow conical forms, such as the red cedar, and various pines and firs, are desirable. In advantageously situated cemeteries, some of the larger trees, such as the cedar of Lebanon, the oriental plane, the purple beech, the dark yew, and the flowering ash, -yeamorcs, mountain ash, hollies, thorns, and some species of oaks, such as the 582 Appendix. Appdx. A evergreen oak, the Italian oak, with flowerin would find places in due proportion."(«) g trees and shrubs, No. 2. It is of importance that trees and shrubs should not cover too large a portion of the burial ground, and that they should not be too closely planted, or should be thinned out as they grow large, to avoid interfering with the ventilation and with the free passage of air. A suitable disposal of trees or shrubs along roads or pathways would afford shelter to persons visiting graves, and to funeral processions. It is customary in well-regulated cemeteries to avoid burying close to the boundary fence. On many accounts this is advisable, as there is no law to prevent houses being built and wells sunk close to a burial ground ; there is, moreover, a disposition to erect houses in the vicinity of ornamental cemeteries. Much of the evil may be prevented by draining the ground in such a manner as to prevent the water passing into the subsoil of the neighbourhood, and by the adoption of proper regulations as to burial ; but it would nevertheless be advisable to leave a belt of land for planting between the fence and the nearest graves. This strip of ground would not be wasted, for part of it might be used as a walk and part for ornamental shrubs. A surrounding belt of shrubbery would con- tribute to the seclusion of the ground, and need not be so close as to check too much the free passage of air. SIZE OF GRAVE SPACES. The official regulations require that grave spaces for persons above twelve years of age be nine feet long by four feet wide, or four square yards ; and for children under that age, six feet long by three wide, or equal to two square yards ; the average size (where two sizes are used) will therefore be rather more or rather less than three square yards, according as there is a larger or smaller propor- tion of children's burials, that is, generally, according to the sanitary condition of the district. It will be noticed that these dimensions are conveniently com- mensurate with each other ; that the length of two large grave spaces is equal to that of three small ones, and in breadth three large ones equal four small ones ; thus the space occupied by six large grave spaces, namely, 18 feet long by 12 feet wide, may be divided into twelve small grave spaces in three rows of four each, or the reverse. This coincidence simplifies the laying out of the ground, and renders it easy without waste to intermix large and small grave spaces, so as to allow those for children and their parents to be near each other, instead of in distinct parts of the cemeteries which would otherwise be necessary. These are the sizes of the grave spaces sanctioned by Parliament at the Woking Common Cemetery, and are less than have been adopted in many cemeteries abroad. In some Austrian ceme- teries the grave space for adults is equal to 90 square feet ; at («) Supplementary Report on the Practice of Interment in Towns. Suggestions to Burial Boards. 588 Wirtemberg it is above 54 square feet ; at Munich and Stuttgart it Appdx. A is 32 square feet, which is about the size some EngliBh cemeto have adopted, though in many they are much less. The object of a No. 2. large grave space is to secure such a quantity of soil as will effec- tually absorb the gases of decomposition, and such a separation between the graves as will prevent risk of the soil falling when the next grave is dug, while the space left at the head of the grave affords room where a monument may stand undisturbed, and, by so arranging that the rows of graves may be alternately nearer and more distant, space for a grass path between every alternate row of grave spaces may be left, and access given to every grave without trampling over any. DEPTH OF GRAVES. If bodies are buried at too small a depth beneath the soil, the emanations may not be effectually absorbed ; if at too great a depth, needless expense is incurred ; and if no objection were felt to the future disturbance of mere dry bones, a depth of four to six feet beneath the surface would be sufficient. There is, however, so strong and natural a repugnance to having the bones of the dead dug up, that the plan is frequently adopted of burying at a depth of eight to ten feet (if the ground be free from water), with the intention of reopening the grave after a lapse of time, not quite to its original depth, but as nearly so as is possible without digging up any bones that may remain ; thus the same grave may be buried in many times before it becomes so full of bones as to be unfit for further use. Burial boards have generally made such ample provision of ground that graves may remain unopened for much longer periods than are fixed by the official regulations, and it is therefore prol.al.le that the retardation of decomposition in consequence of the depth of graves will occasion no inconvenience. The principle of interment generally adopted is that of allowing one body only to be in a grave at the same time, as the rule ; more than one as the exception. The exception is in the case of family graves, which may be re-opened when a death in the same family occurs. This exception is, however, generally speaking, more apparent than real, for deaths in the same family do not, on the average, occur within intervals too short to allow of decomposition, and where they do the regulation requires that a layer of earth a foot thick at least shall be left undisturbed above each coffin. ft would be well, however, if even such exceptions could be avoid.. I, as they often are, by adopting the plan of burying members of the same family in adjoining graves instead of in the same grave, a less costlv plan than that of building walled graves if earthen graves be sold in plots at not much more than their cost to the burial board. These regulations (except the last precaution) being similar to the immemorial custom of country churchyards in England, in respect to single interment, the regulation would merely make that the universal, which was before the general rule. o84 Appendix. Appdx. A By adopting this plan, the same grave may be used many times — without digging up remains, without danger of having more animal No. 2. matter at one spot than the soil and vegetation can absorb, and without making that painful distinction between classes which the practice of burying one body only in each private grave, but several, not related to each other, in the public graves, involves. The economy of burying several bodies in a grave at a time is more apparent than real, for unless the grave be dug very deep, which is costly, or unless the coffins be packed close together, which is dangerous, a grave cannot hold so many coffins at once as might be safely buried in it at intervals, allowing for the decay of each corpse before another is buried, until the soil becomes too full of bones to be used any longer with propriety. Some burial boards, however, consider it more economical to incur the cost of digging very deep graves to hold several bodies each, rather than to have as many separate graves opened as there are burials ; the objections to this plan are, however, very serious. In many country churchyards it has long been the custom to allot to families a space of ground enough for several graves, so that relatives are buried side by side, not over each other, the graves being opened in succession, so that a very long interval must elapse before any such grave is re-opened. Burial boards may adopt a similar plan with advantage ; if family grave plots, enough to bury from three to six members of a family side by side, were sold at less than the cost of walled graves, it is probable many such would be taken. The advantage would be, the family could, at a less cost than that of a walled grave, obtain, as secure and as distinctive, a permanent place of seprdchre which would serve for generation-, and the burial board would receive what is now paid to bricklayers. This plan is likely to be more acceptable than the use of vaults, if the land is charged for at a price proportionate to its cost. About 200 plots, large enough to permit of the burial of four adults and three children without re-opening a grave, may be laid out in an acre of actual burial service. For every pound, therefore, charged, in addition to fees, for such plots, the available surface would be disposed of at the rate of 2001. an acre, and if offered at a price not much above what is sufficient to cover the cost, so many family plots would probably be sold, that a large part of the first cost of the cemetery would be defrayed without practically being a burden to anyone. A burial board could, without loss to the ratepayers, sell such graves in anticipation of the time when they would otherwise be purchased, at a very large reduction of price, because the purchaser by paying for them so long beforehand would in effect be paying compound interest on the sums charged during the interval. Every pound received fourteen years before it would otherwise be received is worth about two pounds if the payment be deferred ; and if a family purchase three graves instead of one at once and pay the cost of two graves for them, the ratepayers will be relieved by the trans- action, for in the ordinary way the graves purchased in anticipation would produce no income, as they do if they be paid for and the money either invested or the debt on the burial ground reduced. In some cemeteries family grave plots are sold, consisting of three Suggestions to Burial Boards. 585 uravc spaces surrounded with a space for shrubs and flowers. In AnDdx A others the portion allotted for unpurchased graves is laid ou1 in rows - ' of grave spaces with flower beds nine feet wide between. When the No 2 graves are filled the flower beds can be moved on to the graves, and ' ' new graves dug in the space at first occupied with flowers ; thus room for ornamentation is obtained without cost for ground. RE-OPENING OF GRAVES. The time necessary for the complete decay of bodies buried varies according to the nature of the soil, the depth of the grave, the quality and thickness of the wood of the coffins, thej dryness or moisture of the soil, and the age of the body. In an ordinary soil, the bodies of adults decay (all but the large bones) in about ten or twelve years, and of children in about half that time ; but in dense clay, coffins are scarcely affected after being buried thirty years, and sometimes very much longer. The regulations permit graves to be re-opened fourteen years afterthe burial of a person ah >\ e twelve, and eight years after the burial of a child below t wel ire J i ars of age. Generally after these intervals nothing bui large bones "will remain. If. however, decay should have been retarded, the coffins must not be broken, or the remains dug up, nor must any soil which is offensive be disturbed, but if, after a sufficient interval to allow of the com- plete decay of the body, the coffin is still undecayed, a second coffin may be placed beside it without disturbing either it or any other coffin if wide grave spaces be allowed. It will rarely happen that it will be necessary to re-open graves so soon, as new burial grounds are generally provided of area sufficient to permit of much longer intervals between the burials in the same grave. In order to give effect to these regulations, the area which is to be used for burial should be laid out in grave spaces, and a plan of the cemetery will be required, on which every grave space should be shown, with the marks of reference. It is necessary, to avoid mistakes in the re-opening of graves, and for other important purposes, to keep a register of graves (as well as the register of burials required by the Burial Act), in which are to be recorded the name. age. and date of interment of everyone buried in each grave, with reference to the marks in the burial ground, by which it may be identified. Very serious dissatisfaction has some- times been caused by the register of graves having been carelessly kept, whereby graves, sold for the exclusive use of one family, have been intruded upon for the burial of others, the aggrieved families complaining of having lost that for which they have been highly- charged, and greatly value. BURIAL IN VAULTS, ETC. Whenever vaults or walled graves are used, the regulations require, especially to prevent the escape of foul air when they arc re-opened, that each coffin be separately entombed. This is gene- rally done by placing immediately over each a flag or slab of stone resting upon a ledge in the wall, closely cemented down, to be 2o3 58G Appendix. Appdx. A never raised again. "When this plan is adopted decay is much retarded, the gaseous products escape very gradually through the No. 2. pores of the cement and brickwork, they are to a great extent decomposed, and appear to be diffused as fast as they escape, for when such vaults are opened the space above the slab covering the coffin is found free from offensive air. This method is not only cheaper, but safer, than the use of lead coffins, which are often not air-tight, sometimes burst, and are liable to be broken. Cases of such accident have occurred when the coffin has been air-tight and has confined putrid gas in a highly concentrated and dangerous state, very serious and even fatal injury having been sustained by those who were near when the coffin was broken ; and very fre- quently vaults containing bodies enclosed in lead are found to be offensive when opened for a subsequent burial, to avoid which it is not uncommon to leave openings for the escape of such foul air, to the evident risk of those who may go near them. For these reasons the official regulations require that all coffins not buried in the soil shall be permanently entombed by stone or brickwork in an air-tight manner. Sometimes the entombment is effected by means of concrete made by mixing about seven parts of clean coarse gravel, or stones broken small, with one part of quick lime and as much water as is needed to make mortar, in which the coffin is embedded, which hardens around it, enclosing it completely, and preventing any further escape of gases except such as slowly ooze through the pores of the artificial stone thus formed. The surface of the graves should be covered with fresh turf, or planted with flowers or shrubs. High mounds are undesirable, being difficult to keep in order: a very small rise will mark the grave, if that be desired, and will not much obstruct the mowing of the grass. Covering-stones are objectionable, as they prevent the free entrance of rain into the grave, retard decomposition, and postpone the period for re-opening. Head-stones are free from this objection, but they are commonly made so large and of such forms as to be disfiguring. One of the easiest ways of increasing the beauty of a burial ground is to select a number of good designs for monuments, and to admit none else without special permission, on the design being approved by the burial board. It is common to leave the selection of the design to the nearest mason, who is not likely to be a person of refined taste, and the result is that burial grounds are almost universally disfigured by badly designed monu- ments, often with inappropriate epitaphs. CONVEYANCE OF THE DEAD. Burial boards are enabled by the 41st section of the Act of 18. ! ')2 to make arrangements for facilitating the conveyance of the dead to the burial ground. Some boards have procured hearses, others have entered into contracts for the supply of hearses and carriages at a fixed price, accepting the offer they considered most for the benefit of the public. ( )thers have procured wheeled biers or hand hearses, to diminish the labour of carrying the dead and avoid the Suggestions to Burial Boards. 587 necessity for employing a double set of bearers, which would other- Appdx. A wise be necessary when the distance is considerable. A burial guild has very much reduced the cost of burial to its poorer No. 2. members by lending pall, cloaks, and hoods ; though such seems hardly to be the province of a burial board, the members indi- vidually might usefully assist their neighbours by forming voluntary associations for such purpose. Such a guild may effect all the useful purposes of a burial club without the danger supposed to attend the payment of money to those who have had care of the deceased. The arrangement proposed is that members of the guild should subscribe to raise a fund sufficient to insure the funeral expenses for such of them as may die, but that instead of paying any money to the friends of the deceased, payment is made direct to the undertaker employed by the guild to conduct the funeral as agreed. The undertaker being secure of payment, and desirous of retaining the business of the guild, charges much less than he otherwise could afford to do. While decent solemnity is observed, all useless expense for funeral display is discouraged, and poor families can thus be saved from the temptation to spend more than they can afford, often already impoverished by sickness and death in the household. The costs of funerals for the poor, w-ho have a strong desire for a decent appearance at such times, can be much diminished by the guild lending them pall, cloaks, and hoods to cover the clothes of those who cannot buy new mourning. Such arrangements may not be exactly within the province of a burial board, but there are few ways in which the independent poor can be helped so much and so acceptably. RECEPTION HOUSE. The establishment of a place appropriate for the reception of the dead previous to interment would in some cases facilitate the con- veyance of funerals and relieve the poor from risk of injury by the occasional long retention of the bodies of the dead in crowded dwellings, especially in cases of death from infectious diseases, such as smallpox, scarlet fever, &c. The 42nd section of the Burial Act of 1852 authorizes the establishment of such places, and much valuable information on the subject is contained in the Supplementary Report on the Practice of Interment in Towns of 1843. As is therein stated, p. 31 : " In a large proportion of cases in the metropolis, and in some of the manufacturing districts, one room serves for one family of the labouring classes : it is their bedroom, their kitchen, their wash- house, their sitting-room, and their dining-room ; and when they do not follow any outdoor occupation, it is frequently their work- room and their shop. In this one room they are born, and live, and sleep, and die, amidst the other inmates." From a statistical inquiry, instituted and carried out at the expense of the Earl of Harrowby by Mr. Weld, secretary of the Statistical Society, "it appeared that 1,465 families of the labouring classes (in the inner ward of St. George's, Hanover Square) had for their residence 2,175 rooms and 2,510 beds," and 623 out of 1,465 families had only one bed each. 588 Appendix. No. 2. ApPQX, A Similar conditions prevail very extensively, as has been shown by evidence collected from all parts of the country, and given in the " Report on a General Scheme of Extra-mural Sepulture." When death takes place in such overcrowded living rooms the corpse is laid out and kept therein until the period of interment. It is sometimes stretched out on two chairs, or it occupies the only bed in the room ; the inmates pursue their avocations around it ; they eat beside it ; the children play beside it ; oftentimes the corpse is in an advanced state of putrefaction before it is removed for burial ; offensive putrid effluvia are disengaged, and the spread of disease in consequence is not of unfrequent occurrence. During epidemics all these evils are of course greatly aggravated. Overcrowded living rooms furnish the largest number of attacks and deaths, and there is the greatest risk of the dead being unduly retained among the living, under the very circumstances where danger from such detention is the greatest. Instances are given in the report already cited of two and even three corpses lying in the house at the same time during the prevalence of the epidemic cholera of 1848 — i9.(«) The danger from the long retention of the dead is apt to be greatest where the practice of Sunday funerals is continued. In such places it is not unusual to put off the funeral until the next Sunday at least, and often until the next but one. The proportion of bodies brought for burial in an offen- sive state is considerably larger on Sundays than on other days, because of such frequent postponement. The object is to enable reception houses for the dead to be pro- vided wherever the local circumstances similar to those mentioned may appear to render such provision necessary. The use of these houses is optional ; and hence it is advisable, wherever they are established, to make them attractive both in external appearance and in internal arrangements and management. In some of the more recently erected cemetery chapels an arrangement has been made which might serve some of the purposes of places for the tem- porary reception of the dead before burial, as well as their chief object, that of protecting the mourners attending the funeral ser- vices from annoying or dangerous emanations from the dead. In these chapels a portion has been divided off from the main building by a glass screen, winch completely separates the part in which the coflins are placed from that occupied by the mourners, and it is easy to make this separated portion large enough to hold several coffins, where they might remain without danger until preparation is made for the funeral. SIZE OF BURIAL GROUNDS. The proper size of a burial ground depends upon the number of deaths rather than on the amount of population, as the death rate varies considerably according to the sanitary condition of the (a) Report on General Scheme of Extra-mural Sepulture, p. 162. Suggestions to Burial Boards. 589 district and other circumstances. The burial space actually Appdx. A required may be approximately estimated from the following data :— No. 2. 1st. The probable number of burials, making allowance for increase of population. 2nd. The size of the grave spaces, which may be on the average rather more or rather less than three square yards, according as the proportion of deaths among children is lessor more than half of the total deaths. 3rd. The interval which must elapse before the graves can with propriety be re-opened, which depends partly upon the proportion of the deaths of young children, as the bodies of the young decay most rapidly ; and partly on the character of the soil. In addition to actual burial surface, some space, which is seldom less and often much more than one-sixth of the whole, will be wanted for approaches, roads, paths, sites for buildings, and for ornamental planting. Burial boards have rarely thought it expedient to obtain no more laud than would merely permit observance of the official regula- tions, but have almost invariably obtained enough to allow of much more lengthened periods for graves to remain unopened. Burial boards have frequently no data for accurately estimating the proportion of persons likely to be buried according to the rites of the Church of England, and are consequently at a loss to deter- mine what proportion of the land ought to lie consecrated, and it is generally thought expedient to leave a part of the unconsecrated portion in the first instance unappropriated, to be added hereafter either to the consecrated or not consecrated portion, as may here- after prove desirable, and thus avoid rendering it useless, which would happen if more were consecrated than accessary. This diffi- culty of estimating the proportion in which burials will be divided is another reason for securing rather more space than absolutely necessary. The 3rd section of the Burials Amendment Act of 1837 autho- rizes the establishment of more than one burial ground in a district. This is in some instances expedient ; for example, when a district is so large that one burial ground, wheresover situated, must be very distant from some part of it ; or when the enlargement of a churchyard is desired, and it is impossible or inconvenient to pro- vide burial ground for Nonconformists at the same place, or when it may be convenient to enlarge a chapelyard also, or to establish a separate burial ground for the use of Nonconformists. The 14th section of the Act, 1857, exempts from toll after June, 1858, persons attending the funeral of any person buried in burial grounds provided under the Burial Acts for the place in which he died. This provision diminishes the objection some- times urged against a site to reach which a toll-bar must be passed. The 23rd section of the Act of 1S57 contains provisions to which it is desirable that attention should be directed. This section authorizes Her Majesty in Council to order such acts to be done by 590 Appendix. Appdx. A or under the direction of the churchwardens or such persons as may have care of any vaults or places of burial for preventing them No. 2. becoming or continuing dangerous to the public health ; the expense incurred to be paid out of the poor rates. This would provide for the burial or entombing of coffins which may be insuifi- ciently enclosed in vaults beneath places of worship, or for the covering old burial grounds with grass, or the adoption of other precautions to prevent danger. It may sometimes be expedient to obtain, as the entrance to a new burial ground, or as sites for chapels or other buildings, an old burial ground which has been closed. This is authorized by the 26th section of the Act of 1857. Care will be requisite that no soil in an offensive condition or human remains be disturbed in digging foundations for buildings or otherwise : if the disturbance of such remains be unavoidable, the license of the Secretary of State authorizing their removal should be applied for. See 20 & 21 Vict. c. 81, s. 25, which prohibits the removal of any body or the remains of any body (except where a body is removed from one consecrated place of burial to another by faculty) without license by the Secretary of State, and with such precautions as he may pre- scribe. The friends of persons buried in closed burial grounds sometimes desire to have them removed to the new burial grounds. This is illegal without such faculty or the license of the Secretary of State. The removal of only partially decayed remains cannot be safely effected without very carefully observed precautions. By the 18th section of the Burial Act of 1855, 18 & 19 Vict. c. 128, it is directed that the burial board or churchwardens, as the case may be, shall maintain a churchyard or burial ground of a parish, which has been closed for burial by Order in Council, in decent order, and repair the walls and fences, and that the cost- shall be repaid from the poor rate if no other fund be legally chargeable. There are very many closed burial grounds which the churchwardens cannot keep in order, having no funds, and all income from burial fees having stopped. A very moderate expense would render many of these grounds ornamental instead of dis- figuring, and it is much to be desired that such expense should be incurred, as it is very distressing to those whose friends have been interred to see their resting-place in a state of neglect and disorder. APPENDIX A.— No. 3. Regulations for Burial Grounds provided under the Acts 15 & 16 Vict. c. 85 ; 16 & 17 Vict. c. 134 ; 17 & 18 Vict. c. 87 ; 18 & 19 Vict. c. 128, and 20 & 21 Vict. c. 81. The burial ground shall be effectually fcnceJ, and, if necessary, underdrained to such a depth as will prevent water remaining in any grave or vault. Regulations for Burial Boards. 501 II. Appdx. A The area to be used for graves shall be divided in grave-spaces, to be designated by convenient marks, so that the position of each may *'<0. «• be readily determined, and a corresponding plan kept on which each grave-space shall be shown. III. The grave-spaces for the burial of persons above twelve years of age shall be at least 9 feet by 4 feet, and those for the burial of children under twelve years of age, 6 feet by 3 feet, or, if preferred, half the measurement of the adult grave-space, namely, 4 \ feet by 4 feet. IV. A register of graves shall be kept, in which the name, age, and date of burial in each shall be duly registered. No body shall be buried in any vault or walled grave unless the coffin be separately entombed in an air-tight manner; that is, by properly cemented stone or brick work, which shall never be dis- turbed. VI. One body only shall be buried in a grave at one time, unless the bodies be those of members of the same family. VII. No unwalled grave shall be re-opened within fourteen years after the burial of a person above twelve years of age, or within eight years after the burial of a child under twelve years of age, unless to bury another member of the same family, in which case a layer of earth not less than one foot thick shall be left undisturbed a b n i the previously buried coffin ; but if, on re-opening any grave, the soil be found to be offensive, such soil shall not be disturbed, and in no case shall human remains be removed from the grave. VIII. No coffin shall be buried in any unwalled grave within 4 feet of the ordinary level of the ground, unless it contains the body of a child under twelve years, when it shall not be less than 3 feet below that level. APPENDIX B.— No. 1. 1. — Circular of the Local Government Board with regard to the public health (interments) act, 1879. (Dated 19th August, 1879.) Sir, — I am directed by the President of the Local Government Board to request that you will bring under the notice of the sanitary authority the provisions of The Public Health (Interments) Act 592 Appendix. Appdx. B 1879 (42 & 43 Vict. c. 31), which received the royal assent and — ■ came into operation on the 21st of Jnly last. The object of the act is to enable sanitary authorities, rural as well as urban, to provide cemeteries for their districts, and for this pur- pose all the provisions of the Public Health Act, 1875, with respect to a mortuary are extended to a cemeteiy. As the sanitary authority are aware, section 141 of The Public Health Act enables a sanitary authority to provide and fit up a proper place as a mortuary for the reception of dead bodies before interment, and to make bye-laws with respect to the management and charges for the use of the same, and it is moreover compulsory on a sanitary authority to provide a mortuary if they should be required by the Local Government Board to do so. The effect, therefore, of the Act which has just been passed is in like manner to empower a sanitary authority to provide a cemetery, and to render it compulsory on them to do so if the Local Govern- ment Board should require one to be provided. The legislature has not specified the cases in which it is incumbent upon the sanitary authority to give effect to the provisions of the new statute ; but, seeing that it is incorporated with The Public Health Act, there can be no doubt that wherever in the interests of the public health it is necessary that a cemetery should be provided in any locality, the legislature contemplated that the local authority would exercise the important powers now conferred upon them. The following may be referred to as circumstances under which it will be incumbent upon the sanitary authority to take action : — 1. Where in any burial ground which remains in use there is not proper space for burial, and no other suitable burial ground has been provided : 2. Where the continuance in use of any burial ground (notwith- standing there may be such space) is by reason of its situa- tion in relation to the water supply of the locality, or by reason of any circumstances whatsoever, injurious to the public health ; 3. Where, for the protection of the public health, it is expedient to discontinue burials in a particular town, village, or place, or within certain limits. There are other circumstances which might render it necessary or expedient that a cemetery should be provided, such as inconvenience of access from the populous parts of the district to the existing burial ground, or the nature of the site, or the character of the sub- soil ; and instances may exist where, in deference to the wishes of the inhabitants, it may be expedient to provide, in accordance with the policy of the Burial Acts, a cemetery in which persons of different creeds may be buried with their own religious rights. On all or any of the foregoing grounds the authority of the Local Government Board may be invoked, and if the application should prove well founded, a compulsory order would necessarily follow. The question, however, whether a cemeteiy should be provided for a particular locality will be one for the determination of the sanitary authority in the first instance ; and it is only in the event of their Circular of Local Government Board. 593 default to establish a proper cemetery where one is required, or in con- Appdx. B sequence of a loan being needed to carry out the undertaking, or, if — they should determine to construct a cemetery outside their district. No. 1. of objection being taken to such a proceeding, that the Local Govern- ment Board have any authority to interfere. The President has reason to believe that in numerous localities considerations of public health require that a cemetery should I »■ provided, and with a view of enabling the authority to determine whether on sanitary grounds it is necessai-y or desirable that a cemetery should be provided for all or any part of their district, the medical officers of health should be instructed to report upon the state of the several burial grounds within the area subject to their jurisdiction. The statute enables a sanitary authority to acquire, construct, and maintain a cemetery either within or without their district. In the latter case, however, at least three months before the cemetery is commenced public notice must be given, and, in the event of any objection, the work cannot proceed without the sanction of the Local Government Board after local inquiry. It will be seen, therefore, that a sanitary authority are empowered not only to establish a cemetery, but also to purchase an existing one ; and it will be competent for the sanitary authority, in the event of their failure to acquire a suitable site by agreement, to apply for a provisional order enabling them to take lands for the purpose com- pulsorily. Moreover, with the sanction of the central authority, they will be enabled to borrow money to pay for the purchase of the requisite land, for draining and enclosing the site, and for rendering it other- wise suitable for the object intended. At the same time I am to point out that if the sanitary authority should deem it expedient to provide a cemetery without resorting to a loan for the purpose, it is competent for them to do so, and to charge the cost upon the local rates. In the case of an urban sanitary authority, the rate liable for this cost will be the general district rate, or other rate applicable to the general purposes of The Public Health Act within the district. In the case of a rural sanitary authority, the amount would come under the head of general expenses, and be defrayed out of the rate applicable to the payment of such expenses. If, however, the cemetery were provided for a separate contribu- tory place, by which is meant a parish or special drainage district, or so much of a parish as is not within an urban sanitary district or a special drainage district, it would be competent for the Local Government Board to order the amoimt to be special expenses, in which event the charge would be borne by the particular contributory place, but with this distinction in the incidence of the rate, that whereas in the case of general expenses the amount is either paid out of the poor rate or levied by a rate of an equal sum in the pound, in the case of special expenses the amount is raised by a separate rate to which lands arc accessible at only one-fourth. It may be useful to add here that the rates referred to would in like manner be applicable to the maintenance of the cemetery after it is 594 Appendix. Appdx. B established, and also that a rural sanitary authority may depute to a parochial committee the exercise of their own powers in connection No. 1. with the management of any cemetery which may be required for any contributory place. In addition to the powers conferred upon sanitary authorities of purchasing land for a cemetery, the recent Act authorizes them to accept a donation of land for the purpose, and also a donation of money or other property for enabling them to acquire, construct, or maintain a cemetery. With regard to the regulation of the cemetery after it has been established, I am to state that the application to a cemetery of section 141 of The Public Health Act, 1875, will enable the sanitary authority to make bye-laws with respect to the management and charges for the use of any cemetery established by them, and in this manner to provide for the orderly conduct of all persons within its- limits, for the regulation of graves, and for the payment of reason- able fees for interments therein. It should be borne in mind, however, that such bye-laws must be made in conformity with The Public Health Act, and be confirmed by the central authority ; and the President contemplates that the department should hereafter frame a series of model bye-laws to be recommended for adoption. In order to make further provision for the due maintenance and management of a cemetery, the recent statute incorporates The Cemeteries Clauses Act, 1847 (10 & 11 Vict. c. 65). That Act forms one of a series of statutes passed in 1847, the object being in each case to comprise in one general Act the provisions usually contained in Acts of Parliament relating to- matters of local improvement or administration. Several of these Acts, as well as other Consolidation Acts, were incorporated, either wholly or partly, with The Public Health Act, 1875, and the particular Act referred to has previously been incorporated with some general and several local impi'ovement Acts. Its provisions will now form part of The Public Health Act, 1875, and will apply, subject to the necessary qualifications, to all cemeteries acquired, constructed, or maintained by a sanitary authority under the new Act. The President, therefore, thinks it right to direct the attention of the sanitary authority to the following obligations and powers imposed upon and exerciseable by them under the incorporated enactments. WITH RESPECT TO THE MAKIXG OF THE CEMETEET. The cemetery is not to be constructed nearer to any dwelling- house than 200 yards, except with the consent of the owner and occupier. The sanitary authority may build such chapels in the cemetery for the performance of burial services as they may think fit, and lay out and embellish the grounds of the cemetery. Circular of Local Government Board. 595 No. 1. The cemetery must be inclosed by substantial walls, or iron rail- Appdx. B ings, of the height of eight feet at least. The sanitary authority must keep the cemetery and the buildings and fences thereof in complete repair and in good order and con- dition. WITH EESPECT TO BURIALS. The sanitary authority may set apart a portion of the cemetery for burials according to the rites of the Established Church, and the bishop of the diocese may, on the application of the sanitary authority, consecrate the portion so set apart. A chapel, to be approved by the bishop, must be built on the con- secrated part for the performance of the burial service of the Established Church. A salaried chaplain is to be appointed to officiate in the conse- crated part of the cemetery, the appointment and salary to be subject to the approval of the bishop. The sanitary authority may set apart the whole or a portion of Che unconsecrated part of the cemetery as a place of burial for persons not being members of the Established Church, and may allow in any chapel built in such unconsecrated part a burial service to be performed according to the rites of any church or congrega- tion other than the Established Church. WITH EESPECT TO EXCLUSIVE RIGHTS OP BURIAL AND MONUMENTAL INSCRIPTIONS. The sanitary authority may set apart portions of the cemetery for the purpose of granting exclusive rights of burial ^therein, and may sell the exclusive right of burial in such portions, and the right of placing any monument or gravestone in the cemetery or any tablet or monumental inscription on the walls of any chapel or other building in the cemetery. It should be observed that the Act under consideration does not extend to the metropolis, and it is scarcely necessary to point out that in other parts of the country where suitable cemeteries are in existence there can rarely be need for resorting to its provisions. The President trusts, however, that in other localities the sanitary authorities will not hesitate to avail themselves of the important powers conferred by the Act, having regard to their serious obliga- tions in the interest of the public health and to the responsibilities imposed upon them by the legislature. I am, Sir, your obedient servant, John Lambert, To the Clerk to the Secretary. Sanitary Authority. 596 Appendix. Appdx. B No. 2. APPENDIX B.— No. 2. 2. — Memorandum issued by the Local Government Board ox the Sanitary Eequirements of Ceme- teries. (Dated 13th December, 18S0.) By the Public Health (Interments) Act, 1879, the powers of sanitary authorities under the Public Health Act, 1875, are ex- tended to include the acquisition, construction, and maintenance of a place for the interment of the dead, in the Act of 1879 called a cemetery. In cases where the sanitary authority propose to defray the cost of establishing a cemetery by means of a loan, the sanction of the Local Government Board becomes necessary (Public Health Act 1875, s. 233). Among the points considered by the Board in each particular case, before granting their sanction to a loan for the purpose of a cemetery, the question as to whether the proposed site is suitable or unobjectionable from a sanitary point of view mil no doubt find a place. The following memorandum has been drawn up at the request of the medical officer, embodying the hygienic principles laid down by various English and foreign authorities as requisite to be observed in the establishment of a cemetery to prevent it from becoming a source of nuisance and danger to the living. The dangers to the public health to which places of burial may give rise are of two kinds, viz., the contamination (1st) of air by the gaseous and volatile, and (2nd) of drinking water by the liquid and soluble, products of decomposition. 1. Contamination of Air. — This may take place in several modes. The gases evolved from putrefying bodies may make their way to the surface through pores or fissures in the ground, or may pass into open graves dug in their neighbourhood. Or they may diffuse themselves laterally through the ground air and be drawn up into the interior of houses. Or noxious emanations may be given off from putrid drainage water, whether baled out of graves and thrown upon the surface, or draining into open channels or water- courses. Thus nuisance and danger to health may be occasioned, not only to gravediggers and persons attending funerals, but also to the inhabitants of houses in the neighbourhood of the burial ground. To obviate these risks it is necessary that the number of decom- posing bodies in a given portion of ground should not at any time be so great that the gaseous products cannot be oxidized into harm- less substances in the interstices of the soil, or taken up by vegetation ; that a sufficient depth of earth intervene between corpses and the surface ; and that the soil be of a suitable nature and properly drained, the drainage water being innocuously disposed of. Furthermore, since the atmospheric contamination which has to be especially guarded against is that of the air in the interior and neighbourhood of human habitations and frequented places, it Memorandum of Local Government Board. 597 is necessary that the place of burial should be in an open situation Appdx. B ami at a sufficient distance from dwellings, in order that any effluvia arising from it may be diluted by diffusion, or dispersed by No. 2. the winds, so as not to find their way in an injurious state of con- centration to places where they will be liable to be inhaled. 2. Pollution of W'nti >■. — Foul liquids from graves may enter and pollute a stream, or wells in the vicinity of a graveyard may be injured by percolation from it, and in either case if the water be used for drinking, injury to health maybe occasioned. The liability of wells to pollution obviously depends partly upon their proximity to it and partly upon the configuration and geological structure of the ground. Thus an intervening impervious bed of clay will prevent foul matters from reaching a well, and filtration through a sufficient distance of porous aerated soil decomposes such matters into harmless inorganic substances, which are fixed by the soil or taken up by plants. It is necessary, therefore, in order to obviate risk from this cause, that a cemetery should have a suitable soil and be properly drained, and that it should be at a sufficient distance from subterranean sources of water supply, and in such a position ■with respect to them that the percolation of foul matters from one to the other may be impossible. The sanitary requirements for a cemetery indicated under the foregoing remarks may be summed up under four headings : — I. Suitable soil, and proper elevation of site. II. A suitable position, especially with respect to houses and sources of water supply. III. Sufficient space. IV. Proper regulation and management. 1. The soil of a cemetery should be of an open porous nature, with numerous close interstices, through which air and moisture may pass in a finely divided state freely in every direction. In such a soil decay proceeds rapidly, and the products of decomposi- tion are absorbed or oxidized. The soil should be easily worked, yet not so loose as to render the work of excavation dangerous through the liability to falls of earth. It should be free from water or hard rock to a depth of at least 8 feet. If not naturally free from water, it should be drained if practicable to that depth: to this end it is necessary that the site should be sufficiently elevated above the drainage level of the locality, either naturally, or. where necessary, by filling it up to the required level with suitable earth. Loam, and sand with a sufficient quantity of vegetable mould, are the best soils ; clay and loose stones the worst. A dense clay is laborious to work and difficult to drain ; by excluding moisture and air it retards decay, and it retains, in a concentrated state the pro- ducts of decomposition, sometimes to be discharged into graves opened in the vicinity, or sometimes to escape through cracks in the ground to the surface. A loose stoney soil, on the other hand, allows the passage of effluvia. 2. The situation of a cemetery requires consideration from several points of view, of which the most important are its position , 598 Appendix. Appdx. B with reference to dwelling-houses and sources of domestic water supply. While public convenience requires that the cemetery shall No. 2. not be too far distant from the population for which it is intended, a due regard to public health requires that it shall not be dan- gerously near. The most suitable distance will vary in different cases ; it will be greater in the case of a large than of a small cemetery ; greater also in the case of a large and rapidly extending town than in that of a small and stationary village. With regard to the minimum distance which should intervene between burial places and human habitations, the Burial Act of 1855 prescribes that no ground not already used as a cemetery shall be used for burial under that Act within a distance of 100 yards from any dwelling-house, without the consent of the owner, lessee, and occupier of such dwelling-house. In the Local Government Board's Circular Letter of 19th August, 1879, explaining the pro- visions of the Public Health (Interments) Act, it is pointed out in accordance with section 10 of The Cemeteries Clauses Act, 1847, incorporated therewith, that a cemetery is not to be constructed nearer to any dwelling-house than 200 yards, except with the con- sent of the owner and occupiers. In France, the prescribed minimum distance of a cemetery from the nearest habitation is 100 metres (109 yards), and it is not lawful without special permission to build any house or dig any well within that distance of an existing cemetery. It may be taken that a distance of 200 yards is amply sufficient to prevent any injury arising to health from a well-kept cemetery, so far as regards noxious matters transmitted through the air. It is, however, by no means certain that cemeteries established under The Public Health (Interments) Act will in all cases and at all times be distant so much as 200 yards from the nearest human habitation. With the consent of the owners and occupiers of existing houses, a cemetery may be established within the prescribed limit ; and it is competent to any one afterwards to erect a new house as near to a cemetery as he pleases. It does not appear that the amount of danger to health to be feared from proximity to a well-kept cemetery is large. Since intra-mural interment has been abolished, recorded cases of injury to health, or even of nuisance arising from graveyard emanations, whether conveyed by air or water, are ex- tremely rare. Dr. C. A. Cameron (Manual of Hygiene, page 253) shows that the amount of organic matter deposited yearly in a well- kept cemetery is less than the amount removed from its surface in the form of vegetation, and considerably less than that spread as manure over a cultivated field. There is, therefore, no reason why a cemetery should necessarily be a nuisance, or become a source of danger to the health of those living near it. Nevertheless, in view of the evils which in former times have undoubtedly arisen from the practice of intra-mural sepulture, and also because the erection of houses near a cemetery interferes with the free play of air around and over it, it is desirable that the site of a cemetery should be in a neighbourhood in which building is not likely to take place, and also that so far as practicable a belt of ground should be reserved between the graves and the nearest land on which a house may be built, in order to obviate to some extent the risk of contamination of ground-air, and subsoil water with decomposing matters. This is i Memorandum of Local Government Board. 599 •especially necessary where houses are constructed with cellars. It Appdx. B is, therefore, highly desirable that intennents should not be made up to the extreme edge of the cemetery, and it would be possible No. 2. without great waste of space to reserve in all cases a strip of ground free from interments, 15 to 30 feet in width, around the whole cemetery, on the interior of the boundary fence. This strip would afford room, on the inside, for a gravel or asphalte walk to give access to all parts of the cemetery, and on the outside next the fence to a belt of shrubs or trees, the rootlets of which penetrating the soil would arrest and assimilate any decomposing matters per- colating to the exterior of the cemetery. Obviously a cemetery should not be placed on elevated ground above houses, where the soakings from it may percolate to the sites and foundations of the dwellings below. If there be a mortuary or chapel attached to or within the pre- cincts of the cemetery, care should be taken to see that both are efficiently ventilated by permanent openings of adequate size, near or below the floor line for inlet, and in the ceiling for outlet of air. The chapel should be fitted with an iron trellis-work gate in the porch, so that the wooden door may be kept open in fine weather. Relations of Cemetery to Sources- of Water Supply. — It is evident that the drainage of a cemetery should not be allowed to enter a stream from which water is drawn for domestic purposes. The degree to which the purity of neighbouring wells is en- dangered by a cemetery, and the distance to which contamination may extend, obviously depend in each particular case upon the relative elevation of the respective sites of cemetery and well, and upon the nature and dip of the intervening strata, so that it would seem impossible to lay down a general rule for all cases. Fissured rock might allow foul matters to traverse considerable distances, while the interposition of a bed of clay or a watertight vault would shut them off, or the passage through an aerated stratum of finely divided earth would oxidise and destroy them on their way. A dangerous state of things is when graves and wells are sunk near together in a shallow superficial water-bearing stratum of loosely porous nature resting on impervious clay. From experiments made at Dresden by Professor Fleck, quoted by the State Board of Health of Massachusetts, in their report dated January, 1875, it would seem that the degree to which wells so situated are liable to pollution is greater when the surface of the subsequent clay bed is horizontal than when it is sloping, even though the slope be towards the well. In the latter case the ground water is on the move ; in the former it is stagnant, and hence the foul matters are concentrated in a smaller volume of water ; just as the water of a stagnant pool is more liable to become foul than that of a running stream. It does not appear, however, that the risk to which wells are exposed from the proximity of a properly managed cemetery is in ordinary cases great. A leaky cesspool is a far greater source of danger than a grave. The solid and liquid excretions voided by a human being in the course of a single year amount to several times the weight of his body. 600 Appendix. Appdx. B The State Board of Health of Massachusetts, in their report already referred to, give a series of analyses of water taken from No. 2. wells in the neighbourhood of cemeteries. Of seven wells in sandy and gravelly soil, varying in depth from 4 to 17 feet, situated at distances respectively of 60, 50, 10, 100, 200, 75, and 100 feet from the nearest graves, and having no other sources of contamination at hand, one only showed nndoul ited evidence of contamination ; this was 10 feet from the nearest grave, the most recent interment, made 5^ months before, being 35 feet distant. The three purest wells were those at 60, 50, and 75 feet distance. The chemical characters by which it may be inferred that the contamination of a particular water is derived from decomposing bodies rather than from sewage are a high proportion of nitrogenous organic matter and ammonia, or if oxidation have proceeded further, of nitrates and nitrites, relatively to the amount of chlorine present, and also the presence in notable quantity of phosphates. The precautions to be taken to avoid pollution of wells and springs in the neighbourhood of a cemetery will depend much upon local circumstances ; they may be said to be, 1st, the intervention of a sufficient space between the cemetery and the water source ; 2nd, proper drainage, so that the subsoil water of the cemetery shall be conveyed away ; and 3rd, proper management of the ceme- tery, so that the amount of organic matter in one place shall not be more than the soil can dispose of. The English Acts and regula- tions prescribe no limit of distance from water supplies within which a cemetery is not to be established, but it is to be taken for granted that a site would not be sanctioned if it appeared likely that the purity of existing water supplies would be endangered. Nevertheless, as in the case of the erection of new houses, there is no power to prevent any one from sinking a well on his own pro- perty, as near to a cemetery as he pleases. Of course, should the well become polluted, it can be dealt with under the provisions of the Public Health Act. The reservation, free from interments, of a strip of land next the boundary, as before recommended, would be of service in this relation also. The site of a cemetery shoidd be open aud somewhat elevated, so that the wind may blow freely over it ; not shut in by hills or close belts of high trees. Sites sloping to the north are preferred in France. It is also deemed desirable there that the cemetery should be to the north or east of the town, so that any effluvia from it may be carried by the prevailing southerly and westerly winds in the opposite direction. Effluvia, however, ought not to arise from a well regulated cemetery to such an extent as to render this pre- caution requisite, and it must be borne in mind that though in this country the wind most frequently blows from the south and west, our hottest summer weather, when putrefactive odours are most likely to arise, often occurs during the prevalence of easterly winds. There are so many other circumstances affecting the choice of a site that it can rarely occur that the relative advantages of two sites are so evenly balanced that the question of a leeward situation can turn the scale between them. Trees, though useful, should not be allowed to become an impedi- ment to the air. For the same reason, as a fence open railings are preferable to high walls. Memorandum of Local Government Board. 601 Sites are of course unsuitable which are liable to be flooded, or to Appdx. B landslips, or which are in danger of bein^' washed away or en- croached upon by streams or the sea. Very steep sites are not No. 2. desirable. The cemetery should be accessible by good roads from all parts of the district. 3. Sufficiency of Space. — On sanitary grounds it is requisite that each corpse shall be surrounded and covered by a mass of earth sufficient to deodorise and destroy the putrid emanations pro- ceeding from it, and also that the total amount of space shall be so great that it may not be necessary to re-open any grave until the body previously interred therein shall be completely decomposed. On administrative grounds it is requisite that the accommodation provided shall be sufficient to last for the term of years over which the repayment of the loan is spread. On sentimental grounds it is desirable that sufficient space should be reserved that members of the same family may be interred near together. The latter con- sideration alone is usually sufficiently powerful to render local authorities desirous of providing more than the minimum amount of space. The length of time necessary to effect complete decomposition varies (the material of coffins being similar) according to the nature of the soil, being shorter in a porous well-ae'rated soil than in one which is either dense and clayey, waterlogged, or surcharged with animal matter. The regulations of the Home Office prescribe that no unwalled grave shall be re-opened within fourteen years after the burial of a person above twelve years of age, or within eight years after the burial of a child under twelve years of age, unless to bury another member of the same family, in which case a layer of earth, not less than one foot thick, shall be left undis- turbed above the previously buried coffin ; but if on re-opening any grave the soil be found to be offensive, such soil shall not be disturbed, and in no case shall human remains be removed from the grave. The size of grave spaces prescribed by the Home Office is 9 feet long by 4 feet broad — i square yards, for an adult, and for a child under 12, 2 square yards, viz., either 4£ feet by 4 feet, or 6 feet by 3 feet. This size, which may be recommended to sanitary autho- rities for general adoption, allows the retention of a strip of undis- turbed ground about two feet in width between every two adjacent graves. In any case it is important that each grave should be at least a foot distant from the nearest graves on every side, not only to prevent the passage of effluvia into the open grave from decom- posing bodies in the adjoining graves, but also to avoid the danger of falls of earth which may happen if excavations are made too near to ground which has been previously disturbed. The amount of space required for each 1,000 population will vary to some extent with the death-rate ; but where the mortality is high, a larger proportion of the deaths will be those of persons under 12. More space will be required for an increasing than for a stationary population. Taking average numbers, in a stationary population of 1,000, there will be 22 deaths per annum, of whom about 8 will be under 12, and 14 above that age. For the inter- 2d 602 Appendix. Appdx. B ment of the persons above 12, 14x4 = 56 square yards of ground will be required yearly, and as these grave spaces will not be again No. 2. available, if the above-quoted rule be observed, until after the lapse of 14 years, at least 784 square yards must be provided for them. Similarly for children under 12, 8x2x8 = 128 square yards at least will be required : making a total of 912 square yards. The necessary paths and buildings usually occupy at least a sixth of the surface. We thus get a minimum allowance of something near a quarter of an acre, = 1,210 square yards per 1,000 inhabitants, which is the usually estimated minimum. The desirability, how- ever, of providing more than this bare minimum of space is obvious, and is generally recognised. If the suggestion previously made in this Memorandum be adopted, to leave a strip free from graves 15 or more feet in width, around the interior of the cemetery wall, a somewhat larger amount of land will be required. The proportion will vary with the size and shape of the plot of land to be used as a cemetery. Thus a strip 15 feet wide around an acre of land, if the plot be square (i.e., 69J yards in the sides), will take up 1,290 square yards, or rather more than a fourth ; if the plot be rectangular, 55 x 88 yards, a belt 15 feet wide will require 1,330 yards. It is necessary, both for the carrying out of a proper practice as regards the re-opening of graves, and also to enable the place of burial of any particular person to be identified, if desired, that so much of the cemetery as is to be used for interments should be divided into numbered grave-places, and that a register of graves should be kept, in which the name, age, and date of burial of the person or persons interred in each shall be duly recorded. The grave spaces should be distinguished by appropriate marks (which may conveniently consist of a number at the ends of each longitu- dinal row of graves, and a letter at the ends of each transverse row, or vice versa), and their position should also be marked on a plan. This is obligatory under section 41 of the Cemeteries Clauses Act, 1847, for burial places in which an exclusive right of burial has been granted, and it is desirable, for the reasons above given, that all grave spaces should be similarly distinguished. 4. The Regulation and Management of Cemeteries. — The regu- lations issued by the Secretary of State for the Home Department for burial grounds provided under the Burial Acts are appended to this Memorandum. H. Franklin Parsons. October, 1880. For these regulations, see ante, p. 590. Appendix. 608 A1TKNUIX B.— No. 3. Local Government Board, Whitehall, S.W., ie,/A February, 1881. SIR, — I am directed by the Local Government Board to advert to their Circular of the 19th of August, 1879, and to forward here- with, for the use of the sanitary authority, a series of model bye- laws with respect to cemeteries provided in pursuance of the Public Health (Interments) Act, 1879. The board also direct me to enclose a copy of a memorandum which has been prepared under the supervision of their medical officer, and in which the sanitary requirements of cemeteries are discussed in detail. This memorandum and the board's former Circular may be supplemented by a few observations upon one of the points to which the attention of the board has been drawn during the pre- paration of the model bye-laws. The combined effect of the enactments in section 141 of the Tublic Health Act, 1875, and in section 2 (1) of the Public Health (Interments) Act, 1879, is to enable a local authority to make bye- laws with respect to the management and charges for use of a cemetery provided under the latter Act. It is, however, to be observed that this power of making bye-laws is only one of several means which the local authority may employ for the proper control of their cemetery. For example, section 37 of the Cemeteries Clauses Act, 1847, which is incorporated with the Act of 1879, enables the local authority to appoint gravediggers and other servants necessary for the care and use of the cemetery. Where a gravedigger is appointed by the local authority, they may con- veniently dispense with many regulations which might otherwise require to be embodied in bye-laws. It may be assumed that, as a servant of the local authority, the gravedigger will act in strict accordance with their directions as to such matters as the appoint- ment of grave spaces, the dimensions of graves, and their separa- tion by a sufficient thickness of undisturbed earth. These subjects may accordingly be regarded as outside the range of such bye-laws as will ordinarily be needed. At the same time it is important, for the reasons which are explained in the accompanying memo- randum, that the local authority should give definite instructions to their servants as to the manner in which their duties are to be discharged. The board desire me to add that local authorities who may intend to adopt the model clauses as the basis of their bye-laws will, on application to the board, be furnished with copies of those clauses, on foolscap paper, with a margin for annotations. These draft forms should be used in accordance with the instructions in the Circular of the 25th of July, 1877. I am, Sir, Your obedient servant. John Lambert, To the Clerk to the Secretary. Mural Sanitary Authority. Appdx. B Ncl3. 604 Appendix. Appdx. B No74. APPENDIX B.— No. 4. Bye-laws with respect to the Management of a Cemetery. interpretation op terms. 1. In the construction of these bye-laws the following words have the meanings hereinafter respectively assigned to them, unless such meanings be repugnant to or inconsistent with the context or subject matter in which such words occur ; that is to say, ''• Grave " means a burial-place formed in the ground by excavation and without any internal wall of brickwork or stonework or any other artificial lining: " Vault " includes underground burial-places of every description, except graves to which the word "grave" interpreted as aforesaid applies. 2. Every person who, in any part of the cemetery, causes a vault to be built for use as a burial-place, shall cause the vault to be enclosed with walls constructed of good bricks, stone, or other hard and suitable material, properly bonded and solidly put together : (a) With good mortar compounded of good lime and clean sharp sand or other suitable material ; or (?.>) "With good cement ; or (tf) With good cement mixed with clean sharp sand. 3. A person shall not, in any part of the cemetery, except as is hereinafter provided, cause or suffer more than one body to be buried at any one time in a grave in respect of which no exclusive right of burial has been granted by the sanitary authority : Provided that this bye-law shall not be deemed to prohibit the burial at any one time in any such grave of two or more bodies of persons who were members of the same family. 4. In every case where, in any part of the cemetery, the body of a person whose age at the time of death did not exceed twelve years has been buried in a grave in respect of which no exclusive right of burial has been granted by the sanitary authority, a person shall not, at any time within a period of eight years after the date of the burial of the body, cause or suffer the grave to be opened for the purpose of burying therein the body of a person who was not a member of the family of which a person whose body has already been buried in the grave was a member. 5. In every case where, in any part of the cemetery, the body of a person whose age at the time of death exceeded twelve years has been buried in a grave in respect of which no exclusive right of burial has been granted by the sanitary authority, a person shall not, at any time within a period of fourteen years after the da o Appendix. GOo the burial of the body, cause or suffer the grave to be opened for the Armdx B purpose of burying therein the body of a person who was not a [ ' member of the family of which a person whose body has already *i a been buried in the grave was a member. 6. A person shall not, in any part of the cemetery, cause or suffer the body of a person whose age at the time of death did not exceed tu-i Ive years to be buried in a grave in such a manner as to require or allow any part of the coffin containing the body to be placed at a less depth than three feet below the level of the surface of the ground adjoining the grave. 7. A person shall not, in any part of the cemetery, cause or suffer the body of a person whose age at the time of death exceeded twelve years to be buried in a grave in such a manner as to require or allow any part of the coffin containing the body to be placed at a less depth tiaxa. four feet below the level of the surface of the ground adjoining the grave. 8. A person shall not, in any part of the cemetery, cause a body to be buried in a grave otherwise than in such a manner as to pro- vide by means of a sufficient layer or layers of earth, which shall throughout be closely rammed down and be not less than one foot in thickness, for the effectual separation of the coffin containing the body from any coffin already placed in the grave. 9. Every person who, in any part of the cemetery, buries a body in a vault shall, within a period of hours after the deposit in the vault of the coffin containing the body, cause the coffin to be wholly and permanently embedded in and covered with a layer or layers of good cement concrete, not less in any part than inches in thickness, or to be wholly and permanently enclosed in a separate cell or receptacle which shall be constructed of slate or stone flagging not less than two inches in thickness, properly jointed in cement, or of good brickwork in cement, and in such a manner as to prevent, as far as may be practicable, the escape of any noxious gas from the interior of the cell or receptacle. 10. Every person who, in any part of the cemetery, buries a body in a grave in respect of which an exclusive right of burial has been granted by the sanitary authority shall, as soon as conveniently may be after the lapse of such a period as may reasonably suffice for the natural subsidence of the earth with which the grave has been filled up, cause the surface of the grave to be properly covered with fresh turf, or with any gravestone or monument which, in pursuance of any grant by the sanitary authority, may lawfully be erected or placed on the grave, or shall cause the surface of the grave to be planted with shrubs or with other suitable vegetation. 11. A person shall not, in any part of the cemetery, by any violent or indecent behaviour, prevent, interrupt, or delay the decent and solemn burial of any body. 12. Every person who offends against any of the foregoing bye- laws shall be liable for every such offence to a penalty of , 2d2 606 Appendix. Appdx. C and in the case of a continuing offence to a further penalty of for each day after written notice of the offence from the No. 1. sanitary authority : Provided, nevertheless, that the justices or court before whom any complaint may be made or any proceedings may be taken in respect of any such offence, may, if they think fit, adjudge the payment as a penalty of any sum less than the full amount of the penalty imposed by this bye-law. APPENDIX C— No. 1. Burial Acts Department Home Office, Westminster. Act to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis. QUERIES. REPLIES. 1st. Name of county 2nd. Name of town 3rd. Name of parish 4th. Name of burial ground and date of opening for burial... 5th. Area of burial ground 6th. Nature of soil. Is it wet 1 ... 7th. Population using the burial ground ... 8th. Total annual number of inter- ments for the last ten years, each year separately 9th. Number of family vaults and walled graves in the burial ground 10th. Average annual interments in family vaults or walled graves 11th. Number of private family earthen graves in burial ground 12th. Average annual interments in family earthen graves ... 1 3th. Usual depth of graves 14th. Area allotted to each grave, or the space between the graves Appendix. G07 QUERIES. REPLIES. Appdx. C 15th. Number of bodies buried in a grave No. 2. 16th. Amount of ground which has never hitherto been used for interments 17th. Whether any burials within church or chapel ; if so — state their annual average number 18th. Whetherany burials in vaults under church or chapel ; if so — state their average annual number (Signed) N.B. — It may save trouble, in the event of miscarriage, to keep a copy of the replies made to the above queries. Burial Acts Office, Westminster, S.W., 188 . Gentlemen, — I am instructed, in pursuance of the Acts for amending the laws concerning the burial of the dead, to report to the Secretary of State upon I therefore shall feel obliged by your filling up the replies respect- ing it, and returning them to me as soon as convenient. I am, Gentlemen, Your obedient servant, H. W. Hoffman, The Incnnibent and Medical Inspector. Churc h wa rdens. APPENDIX C— No. 2. Burial Acts, 15 & 16 Vict. c. 85 ; 16 & 17 Vict. c. 134 ; 17 & 18 Vict. c. 87 ; 20 & 21 Vict. c. 81, &c. PEOPOSED NEW BURIAL GROUND. * Parish, Township, \ f th * of or Borough. ) QUERIES. REPLIES. 1. By what number of persons is the intended burial ground likely to be used ? 608 Appendix. No. 2. AppdX. C QUERIES. REPLIES. 2. - What has been the average _,„>. number of burials annually . for a period of ten years 1 r-_L'_ and how many per annum are expected ? 3. What is the area of the pro- posed gronnd 1 4. (a) What is its distance from the nearest inhabited part of the burial district, (&) from the mass of the population, (c) and also from the re- motest part of the district ? 5. What is the distance from the nearest dwelling-house to the boundary of the ground 1 6. Are there any, and if so (a) how many, dwellings within 100 yards of the part to be used for burials 1 (&) and have the consents, in writing, of the owners, lessees, and occupiers of such dwellings been obtained 1 l.Jdo the local authorities of the district consent to the site being used for burial, and are any persons known to object to the site proposed? If so, for what alleged reasons ? 8. Describe the existing means of access to the ground, and state whether it will be necessary to make any new road to it. 9. What is the nature of the soil, as ascertained by trial holes at least eight feet deep 1 ... 10. Is water found, and at what depth ? 11. Can the ground be thoroughly drained? if so, will the drainage now into any water now used, or likely to be used, for domestic pur- poses ; and at what distance are the nearest pumps or wells supplying water for drinking from the boun- dary ? Appendix. G09 QUERIES. REPLIES. Appdx. C 12. Has any other ground been proposed 1 if so, why has No. 2. it been preferred 1 Send in duplicate tracings of the plan of the ground, drawn to stale, with a sufficient descrip- tion for its identification : hav- ing the position of the trial holes marked upon it (see Query 9) ; and showing by a key plan the situation of the ground with respect to the town, adjoining property, and points of the com- pass. Send surveyor's certificate, stating whether the ground can be thoroughly drained to the depth of eight feet at least ; and as to the outlet for the drainage men- tioned in Query 11. State the name by which the site is 71010 best known. What is the number on the Tythe or other public map ? Burial Acts Office, Westminster, S.W. Burial Acts Office, Home Office, Westminster, S.W., 188 . I beg to inform you that I have been directed by the Secretary of State to report upon the site selected for a burial ground at I have, therefore, to request that you will have the goodness to forward to me, at this office, replies to such of the annexed queries as you may be able to furnish ; together with a tracing of the ground, and surveyor's certificate. You will oblige me by subjoining any further information in your power. I am, your obedient servant, H. W. Hoffman, Medical Inspector. G10 Appendix. Appdx. C No73. APPENDIX C— No. 3. Burial Acts Department, Home Office, 188 . I am instructed to report on an application for license to remove remains of from a grave or vault in the cemetery or burial ground, and shall be obliged if you will let me have replies to the following questions : — I am, your obedient servant, H. W. Hoffman, Medical Inspector. 1 . How long has the deceased been buried ? 2. "What was the name and age of the deceased ? 3. Can the coffin be removed with- out disturbing any other • coffin, and without any un- usual difficulty 1 i. Is the coffin in consecrated ground ? 5. Do the authorities of the burial ground object to the removal? 6. Where is the coffin to be re- buried 1 7. What was the cau^e of death ? (Signed) Appendix, Gil Appdx. D APPENDIX D. Table op Fees and Payments to be made to Chancellors or Vicavs-Gcneral, Registrars, Secretaries, and other Officers, Oil the Consecration of Churches, Chapels, Cemeteries, and Burial Grounds, on and incidental to the Grant of Faculties, and on the Ordination of Deacons and Priests, and to the Chancellors or Vicars-General, ^Registrars, and other Officers of Archbishops and Bishops, and to Archdeacons and their Officials, and other Officers, on the Visitation of such Archbishops and Bishops and Archdeacons respectively, settled pursuant to the provisions of 30 & 31 Vict. c. 13o. Vicar-General, Chancellor, Archdeacon, or Official. Registrar or other Officer by usage performing the Dutv. Secretary of Archbishop or Bishop. Apparitor. 1 Consecration of a church and burial ground £ s. a. 3 3 2 2 2 110 £ s. a. 7 7 C 6 12 6 3 13 G 5 £ s. a. 1 1 1 1 2 2 £ s. d. 110 2 Consecration of a cemetery or burial ground 1 1 3 4 S Episcopal or archidiaconal Faculty for alterations in churches or churchyards. . 3 G 10 G 1 and 2. The chancellor's fee includes the approval of plans, the perusal of the petitions and other papers, the settling the sentence, and the approval of the draft Act. The registrar's fee includes the perusal of the deeds of conveyance, the drawing and engrossing of the petition, and the sentence and the notarial act, the necessary attendance at the consecration, and the registering the deeds and the Act in the register book of the diocese. The secretary's fee includes the inspection of plans and correspondence prior to the papers being sent to the registry. The apparitor's fee includes all necessary citations and attendance on the bishop at the consecra- tion. 3. The chancellor's fee includes the attendance of the chancellor or his surrogate, the examination of the presentments of the out- going churchwardens and the admission of new churchwardens to office. The registrar's fee includes the drawing and issuing of the inhibition and of the mandate for the citation of the clergy, the preparation of the visitation books and of the articles of inquiry, and the presentment papers, the attendance at the visitation and attesting the presentments and declarations of the churchwardens, the registering the papers exhibited by the clergy, the tabulating in the registry the copies of the register books of baptisms and burials 612 Appendix. Appdx. D and other papers required to be annually transmitted. The appa- ritor's fee includes the preparation and delivery of citations to the clergy and churchwardens and the attendance at the visitation. 4. The chancellor's fee includes the perusal of the petition, the order for the notice or citation, as the case may be, the perusal of the certificate and other papers, and making the decree. The registrar's fee includes the perusal of the minutes of vestry and the petition, the drawing of the notice or citation, and attending the chancellor for his order, the preparation of the certificate and attendance on the chancellor for his decree, and the drawing and signing the faculty. The apparitor's fee includes the service of the notice or citation, but is exclusive of one shilling a mile for travel- ling expenses, if the citation is to be personally served in the country. 5. The registrar's fee is for registering the names and titles of the candidates in the register books of the diocese. The secretary's fee is for correspondence with the candidates, the drawing of papers and instructions prior to examination, attendance at the ordination, preparing the letters of orders, and entering the names and titles of the candidates in the Bishop's Act Book. A. C. Cantuar. Hatlierley , C. W. Ebor. INDEX. ACCOUNTS, of burial board inspection of audit of of burial expenses by local boards by Improvement Commissioners audit of ADDITIONAL CHUKCHES OR CHAPELS, building of ... sites for ... to be served by curates ADDITIONAL CHURCHYARDS, consecration of conveyance of site for, by limited owners vesting of ... closing of ... ... donor's right to reserved portion of ADVERSE TITLE, to burial ground discharged after twenty years after five years AGREEMENT, of burial boards with cemetery company for interment of parishioners 103 of cemetery company for widening and improving roads to cemetery 247 of guardians with cemetery company or burial board for burial of paupers 508 of visitors of lunatic asylums with cemetery company or burial board 510 ALIENATION OF LAND, for churches or burial grounds 24,294 by spiritual corporations 294 by bodies politic, tenants for life, &c, 24, 310, 467, 472 2 E PAGE ... 94 ... 95 ... 95 ... 214 ... 214 ... 214 301 364 ... 308 ... 301 475 310, 467, 472 476 ... 478 ... 480 479, 481 295 35S 614 Index. ANATOMICAL BEQUEST, page of dead body 2 APPEAL, of burial board to archbishop on refusal of bishop to consecrate ... ... ... ... ... ... 197 ARCHBISHOP, appeal to, from refusal of bishop to consecrate ... 197 ARRANGEMENT, between incumbents of parishes as to performance of burial service by chaplain ... ... ... ... 121 confirmation of , by bishop ... ... 121 ASSESSMENT, of land used as burial ground 170 ASSIGNMENT, of right of burial 256 form of 265 ASYLUM, burial of pauper dying in 506,509 arrangement of visitors of, with cemetery company or burial board for burial of inmates ... ... ... 510 provision of burial ground for ... ... ... 510, 514 AUDIT, of accounts of burial boards ... ... ... ... 95 in metropolitan parishes ... ... ... ... 95 of local boards and Improvement Commissioners 214 AUDITORS, appointment of , by vestry 95 BANKRUPTCY, disqualification of member of burial board by reason of 92 BAPTIZED PERSONS, entitled to Christian burial though baptized by layman 9 BELL, tolling of, at funerals required by canon 31 right of sexton to toll ■ 233 BEQUEST, of exclusive right of burial ... ... ... ... 256 probate of will containing, to be registered 257 hulex. G16 BISHOP, page consent of, necessary for settlement of fees of incum- bent, &c. ... ... ... ... ... ... ... 110 for alteration of fees of incumbent, &c. ... ...119 in borough parishes 154 consent of, for conveyance of chapel to trustees for neighbouring parish ... ... ... ... ... 1150 for appointment of chaplain to cemetery 250 to determine htness of inscriptions on monuments in burial grounds ... 120 in cemeteries ... 258 to confirm arrangement of incumbents as to appoint- ment of chaplain to perform burial service 121 consecration of burial ground by ... ... 107. 197 of cemetery ... ... ... ... ... ... 249 refusal of, to consecrate burial ground 197 appeal from, to archbishop ... ... 197 to approve plans for chapel in burial ground ... ... 100 removal of chaplain of cemetery by 250 saving of rights of, under Church Building Acts 322, 301 BODY. See Dead Body. BOROUGH, definition of ... 208 town council of, may be constituted burial board of ... 149 expenses of Burial Acts in, how defrayed 150 by separate rate 202 application of surplus income from burials ... ... 150 burial ground to be burial ground for parishes of ... 152 differential rates for interment in outlying parts of parishes of ... 152 parish of, excepted by Order in Council not to be rated 153 appropriation of land of, for burial ground 154 corporate, definition of ... = = . ... ... ... 188 BORROWING POWERS of burial board 97,151,152 in metropolis 98 of town council ... ... ... ... ••• ... 151 of local boards and Improvement Commissioners 212, 210 BRAWLING, in churchyards ... ... ... ... ... ... 27 in burial grounds ... ... ... ... ... ... 121 at funerals without Church of England service ... 235 2e 2 616 Index. BROMPTON CEMETERY, page provisions respecting ... 126 BUNHILL FIELDS 183 BURIAL, of wife 2 of husband . . . ... ... ... ... ... ... 3 of parent ... ... 3 of child 3 of paupers 3, 191, 502, 505, 508 of pauper lunatics ... ... ... ... 509, 514 of inmate of house ... ... ... ... ... 4 of idiots in asylums ... ... ... 518 of seamen ... ... 4 of shipwrecked and drowned persons ... ... 5, 268 of baptized persons 8 of Nonconformists ... ... ... ... ... 9 of Papists ... 9 of persons felo de se ... ... ... ... 11,266 of murderers ... ... ... ... 12 right to Christian .. . ... ... ... 6 refusal of 7 in coffin 29 in woollen ... ... ... ... ... 29 in churches ... ... ... 13 within churches built after 30th August, 1848, for- bidden 293 within twenty feet of church built under Church Build- ing Acts forbidden 321 except in vaults ... ... ... 321 assignment of rights of ... ... ... ... ... 256 form of ... ... ... 265 bequest of rights of ... ... ... ... ... 256 probate of will, to be registered 257 certificate of, to be sent to minister of parish if service performed by other minister 200 not if burial in ground provided under Burial Acts 200 without Church of England service, to be sent to incumbent 235 coroner's order for 499 with Church of England service ... 9 in consecrated ground without Church of England service ... ... 229 without religions service ... ... 233 Index. 617 BURIAL — continued. pa(;e notice of to be given 229 form of notice ... 23'J time of 232 obstruction of 234 disorderly conduct at 235 certificate of 235 registration of 236 none to take place in cemetery within fifteen feet of chapel 254 of persons in district parish which has no burial ground 373 Acts of Parliament relating to, to apply to district and new churches 304,381 performance of service of, in church of new parish ... 433 new parish is ecclesiastical district for purposes of ... 451 exclusive right of, reserved to donor of additional churchyard 479,481 registration of 482 coroner may order, before registry of death of deceased children as stillborn of more than one body in a coffin BURIAL ACTS, enumeration and incorporation of BURIAL BOARD, to be appointed if vestry agree to provide burial ground for parish constitution of vacancies in, to be filled up by vestry resignation of members of bankruptcy of members of urban authority may be meetings of ... quorum of appointment by, of clerk and officers minutes of proceedings to be kept accounts of , to be kept inspection of audit of expenses of, to be paid out of poor rate for burial ground and chapel to be sanctioned by vestry sanction, when dispensed with general, and for burial ground, &c., payable out of one rate how defrayed 500 500 501 211) itl 91 158 92 92 92 93 93 93 '.il 94 96 95 95 96 159 97 98 618 Lidex. BURIAL BOARD— continued. page borrowing powers of ... 97,202 sanction of vestry for exercise of 97 when dispensed with ... 160 from Public Works Loan Commissioners 98 repayment of moneys borrowed ... 201 sinking fund to be provided ... 201 may grant terminable annuities 202 surplus revenue of , disposal of 99 liable to income tax ... ... ... ... ... 99 for city of London ... 123 joint, for two or more parishes 99 consent of majority of vestries sufficient for ... 181 dissolution of ... 185 for parish divided into ecclesiastical districts 214 incorporation of ... ... ... ... ... ... 101 legal proceedings by or against 101 to provide burial ground for parish 101 may provide separate consecrated and unconsecrated grounds ... ... ... ... ... ... ... 185 are liable in respect of burial ground 102 may purchase land of cemetery company 103 may contract with cemetery company for interment of parishioners ... ... ... ... ... ... 103 sale of superfluous land by 105 may appropriate parish land for burial ground ... 106 may lay out and embellish burial ground 106 may build chapel on consecrated part 106, 115 must also build chapel on unconsecrated part ... 107, 145 when unnecessary ... ... ... 169 of adjoining burial grounds may build common chapel 170 contracts by ... ... ... ... 108 above 100Z. to be made by tender 109 under seal ... 109 may sell exclusive rights of burial, vaults, and right to erect mounments ... ... ... ... ... 116 approval of, for burials in vaults, &c, substituted for that of incumbent ... ... ... ... ... 116 to fix payments for interments, &c ...117 subject to approval of Secretary of State 160 to affix scale of charges in burial ground 118 to receive fees for monuments, &c, payable to church- wardens or trustees for parochial purposes 118 management of burial ground vested in ... ... 120 freehold of burial ground is in ... ... ... ... 120 Index. 619 BURIAL BOARD— continued. PAGE arrangements by, for conveyance of dead bodies ... 122 may provide mortuaries 123 to conform to regulations made by Secretary of State 125 to keep register of burials 115 town council may be, of borough 119 for united parishes 165 expenses of ... ... ... ... ■•• ••• 166 not to be appointed without approval of Secretary of State when any of the parishes has a separate burial ground 195 for parish, township, or district not separately main- taining its own poor, which has had a separate burial ground ... ... ... ... ... ••• ••• *■»• for parish, &c., which has not had a separate burial ground ... . . ••• ••• ••• ••• ••• 18° expenses of , how defrayed 167 for entire parish divided into ecclesiastical districts subject to approval of Secretary of State 214 may contract for use of chapel of adjoining burial ground ... 1"^ letting of land by, not required for burials 171 repair of fences, &c, of closed burial ground by ... 171 transfer to, of burial ground provided under Church Building Acts 193 enlargement of ground so transferred 193 must apply to bishop to consecrate burial ground ... L97 may collect fees for incumbent, &c 201 purchase of closed burial ground by ... 206 local board of health may act as 173 expenses of local board acting as, how defrayed ... 213 expenses of Improvement Commissioners acting as, how defrayed... ... ••• ••• ••• ••• ••• ^13 local authority may be appointed, by vestry 293 transfer of powers of , to urban authority 293 contested election for, expenses of 220 notice of burial without Church of England service to be left with clerk of ^-' :; " agreements of guardians with, for burial of poor ... 508 BURIAL GROUND, closing of, in metropolis 84 outside metropolis 138 of Quakers and Jews 85,141 provided under Burial Acts, with approval of Secretary of State, cannot be closed l' :i G20 Index. 102 BURIAL GROUND— continued. page new, not to be provided within two miles of metropolis without leave of Secretary of State ... not to be opened elsewhere within prescribed limits without leave of Secretary of State for city of London vestry to determine whether burial ground shall be provided for parish ... burial board to provide, for parish to be burial ground of parish expense of providing, to be paid out of poor rate not to exceed amount authorized by vestry borrowing powers of burial board for providing property in, is in burial board ... parish land may be appropriated for consecration of refusal of bishop to perform licence of archbishop division into consecrated and unconsecrated parts how marked separate consecrated and unconsecrated, may vided exclusive rights of burial in vaults and monuments in scale of charges to be affixed in ... management of, vested in burial board brawling in regulations by Secretary of State respecting .. for boroughs ... ... ... to be burial ground of parishes in borough not to be made within one hundred yards of dwelling- house without consent ... ... 155,161 inspection of ... ... ... ... ... ... 161 may be conveyed and settled as churchyard 164 unconsecrated, may be provided within ten years 164 for united parishes ... ... ... ... ... 165 for parish, township, or district not separately maintain- ing its own poor, which has had separate burial ground ... for parish, &c, which has not had a separate burial ground ... expenses of such parishes, &c, how defrayed land purchased for, not to be assessed at higher value than at time of purchase adjoining, common chapel for ... letting of portion not required for burials 88 138 175 89 101 109 95 96 97 120 106 107 197 197 144 107, 196 be pro- 185 116 116 118 120 121 125 152 152 167 188 167 170 170 171 Index. C21 BURIAL GROUND— continued. page provided under Church Building Acts, transfer of to burial board 193 appropriation of parish land as, for paupers 192 certified by Secretary of State before consecration ... 198 burial in consecrated part of, without Church of England service 229 notice of ... 229 redemption of tithes on 289 freehold of, in new parish to vest in incumbent ... 144 owners of limited interests may convey site for 4GG, 473 definition of, for purposes of registration 496 guardians may contribute to enlarge or obtain, for paupers ... 505 for lunatic asylum ... ... ... ... 510,514 under Church Building Acts — alienation of land for 294 adverse title to. discharged after twenty years ... 295 after five years 358 site for, may be taken by Ecclesiastical Commis- sioners 308 parish to furnish lands for, when required by Commissioners 340 in default Commissioners may take 350 powers in Church Building Acts for purchasing land for churches extended to land for ... 341 additional, to be consecrated ... ... ... 341 repair, &c, of fences, footpaths, &c, of 342 parish, with consent of commissioners, may pro- cure additional 356 of old parish to remain that of district parish till new one provided 373 freehold of, is in incumbent ... ... ...410 land obtained for, outside parish stay be declared part of parish ... ... ... ... ... 411 one chapel may be used for contiguous ... ... 416 freehold of , to vest in bishop 427 See Burial Board, Closed Burial Ground, Fees, Incumbent. BURIAL SERVICE, formerly no burial in consecrated ground without 9, 234 before 1880 only minister of Church of England entitled to perform, in consecrated ground 9 may now be performed by laymen 10, 229 burial without, or with other than Church of England in consecrated ground 10,229 2e 3 622 Index. BURIAL SERVICE— continued. pagk any Christian or orderly, permitted ... ... ... 234 meaning of Christian service 234 illegal for unauthorized person to perform ... ... 234 obstruction of 234 clergyman may perform in unconsecrated ground ... 237 approved form of, when Church of England may not be used 237 arrangements between incumbents as to appointing chaplain to perform ... ... ... 121 in district church not to be performed till avoidance of original incumbency ... ... ... ... ... 304 in mother church not affected by separation of new parish till church is consecrated ... ... ... 432 BYE-LAWS, of local authority, provision for making ... ... 226 of cemetery proprietors for carrying out provisions of Burial Laws Amendment Act 230 validity of 254 CANONICA PORTIO 33 CANONS (1603), 67th, tolling bell 31 68th, duty of minister to bury ... ... 7 85th, repair of churchyard ... ... 21 CEMETERIES CLAUSES ACT, 1847 241 provision of, respecting protection of cemetery incor- porated with Burial Acts 122 incorporated with Public Health (Interments) Act, 1879 222 CEMETERY, construction of ... ... ... ... ... ... 246 consecrated land of, not to be sold ... ... ... 246 not to be constructed within two hundred yards of dwelling-house ... ... ... ... ... ... 246 chapels in ... ... ... ... ... ... ... 247 to be inclosed and fenced ... ... 247 to be kept in repair ... ... ... ... ... 247 proprietors are " occupiers " of ... ... 247 compensation for damage in making ... ... ... 247 part to be consecrated ... ... ... ... ... 249 consecrated part to be defined by marks ... ... 250 Church of England chapel to be built in consecrated part 250 PAOB 25 order for burial 499 delivery of 499 delivery of, on burial under Burial Laws Amend- ment Act 236 CORPORATION, alienation of land by, for church, burial ground, &c. ... 24 310,467. 172 may abandon patronage 331, 353 may endow chapels ... ... ... ... ... 382 includes ecclesiastical corporations 426 burial board is 101 CORPSE. See Dead Body. 632 Index. PAGE CORSE-PRESENT 43 See Mortuary. COURT OF CHANCERY, sanction of, to appropriation of parish land for burial ground 106 of borough land 154 CREMATION, legality of 6 CUSTOM, burial fees payable by ... ... ... 37 immemorial, what is 37 for parishioners to erect monuments at will, bad ... 49 for inhabitants to be buried as near as possible to ancestors, bad ... ... ... ... 16 DAMAGE, by cemetery company, compensation for 247 to burial ground or cemetery ... ... 260 DAMAGES, liability of burial board to, in respect of burial ground 102, 248 DEAD BODY, right to possession of ... ... ... ... ... 1 cannot be detained by creditor ... ... ... ... 1 disposition of, by will ... ... ... 1 for anatomical purposes ... ... ... ... 2 can possess no property ... ... ... ... ... 6 not subject of larceny ... ... ... ... ... 5 stealing shroud of ... ... 6 illegal removal of ... ... 5,205 faculty for removal of ... ... 5, 205 licence of Secretary of State for removal of ... ... 205 conveyance of, to burial ground ... ... ... ... 122 DISCONTINUANCE OF BURIALS, in metropolis — Order in Council for ... 84 postponement or variation of ... ... ... 156 in burial grounds of Quakers or Jews 85 beyond metropolis — Order in Council for 138 postponement or variation of ... ... ... 156 in burial grounds of Quakers or Jews ... ... 141 in reserved portion of additional churchyard ... ... 480 Index. 633 DISCONTINUANCE OF BUBIALS-*«rf ,-„„,,/. ,. A ,,, : not authorised in cemeteriee established under Arts of Parliament 1} . { in burial grounds established under liurial Acts with approval of Secretary of Stat, • [43 penalty for burying contrary to Order in Council for!." 167 DISTRICT, fees of incumbent, &c, of Isy burial board for, not separately maintaining its own poor, which has had a separate burial ground ... 167 which has not had a separate burial ground ... 188 expenses of, how defrayed lr>7 definition of ,., s division of parish into ecclesiastical districts ... ... 301 made at same time as division into separate parishes ..,,.. to be described and enrolled •;,,., boundaries may be altered within live years ... ... 302 to be separate parish for ecclesiastica] purposes only ... :ur.i church or chapel of, to be deemed benefice ... :io3, 330 not to be held in the original church ... 304,380 Acts of Parliament respecting burials, kc. to a PPlyto 304,334 patronage of 318.330 appointment of churchwardens for :;p.i assignment of, to chapel or new church ... 332.378 when district extends beyond parish 37;) conversion of district chapelry into, parish ;{;,| division of, into separate districts not containing church " ,.,,, containing church or chapel H2 dissolution of ... . -,, ... t.».f attached to church becomes separate parish when matrimony, &c, is authorised to be performed in church 117 division of parish into, with consent of pain ins ... 149 DONOR, of land for churchyard, reservation in favour of 478, 481 DROWNED PERSONS, burialof 4,268 expenses of #> -_■-,, reward for finding -.,;., penalty for not giving notice of finding 870 in navigable rivers 374 634 Index. DUCHY OF CORNWALL, PAGE alienation of land by, for burial ground, &c. ... 25,391 form of conveyance by ... ... ... ... ... 390 DUCHY OF LANCASTER, alienation of land by, for burial ground, &c. ... 25,390 form of conveyance by ... ... ... ... ... 390 sale of lands by, to local authorities ... ... ... 226 DWELLING-HOUSE, burial ground not to be used within 100 yards of, with- out consent ... ... ... ... ... 155,161 cemetery not to be constructed within 200 yards of, without consent ... ... ... ... ... ... 246 ECCLESIASTICAL COMMISSIONERS, grant of money by, for building church where popula- tion over 4,000 and accommodation for 1000 ... 297 extended to all parishes ... ... ... ••• 358 for aiding to build church when part is raised by subscription ... ... ... ... ... 299 to aid in purchasing site 315 to divisions of parishes ... ... ... ... 325 without requiring security ... ... ... ... 335 for consolidated chapelry ... ... ... ... 410 division of parish on representation of, into separate parishes 299,423 into ecclesiastical districts 301,423,429 may be made simultaneously ... ... ... 393 compensation by, for division ... ... ... ... 307 may accept sites for churches and churchyards ... 308 may require vestry of parish to take land compulsorily for churches, &c. ... ... ... 309 may resell land not wanted 313,339 may form consolidated chapelries 326 may fix table of fees in new church 329 assignment by, of district to chapel or new church ... 332 if built by private persons 378 if built by subscription 392 reconveyance of superfluous lands by, to grantors ... 360 may make any church or chapel a parish church ... 394 incumbent of old parish church to be incumbent of new 396,403 transfer of emoluments to new church 400 constitution of new parishes by 429 may accept trusts of land, for burial grounds, &c. ... 470 Index. G35 ELECTION, of burial board expenses of contested 91 220 117 is:, EVIDENCE, entries in minute book of burial board to be ... g , in register of burials ' ,',- copies and plans of cemetery company to be ... 2 1 ;,' EXCLUSIVE EIGHT OF BUBIAL, sale by burial board ' _ ]1( . descends to heir ... '" ... unless granted to grantee and family .. n« granted by deed in cemetery is personal property, and passes "to nexti of-kin includes right to repair and decorate grave ... n 7 payment for, to be fixed by burial board 1 7 assignment of, in cemetery " .,-,'. form of EXCOMMUNICATE PERSONS, not entitled to Christian burial EXECUTORS, duty to bury body of testator liability of, for funeral expenses EXPENSES, of burial board to be paid out of poor rates ... 95 for places not separately maintaining their own poor... 1 67 sanction of vestry to, when dispensed with ... i.v.i of local board constituted a burial board to be paid out of general district rate, or by a separate rate ... 213 of Improvement Commissioners acting as a burial board to be paid out of improvement rate, or by a aepar rate ... ... ... . __ ,,,.. of town council, constituted a burial board, to be p out of borough fund or rates j - , , or by a separate rate ..,,., of joint burial boards \ t ~ } when dissolved |,- of contested elections of burial boards ... ooQ EXTRA-PAROCHIAL PLACE, to be deemed parish for purposes of burial c if poor ."_> 1 2 630 Index. FACULTY, page for removal of dead body 5,205 revocation of 5,105,287 for grant of vault 16 not decreed if prejudicial to parish 17 in chancel 20 for footpath through churchyard 22 for building charity school in churchyard, refused ... 23 vestry room, granted 23 mortuary, granted 24 for taking part of churchyard to enlarge highway refused 23 for erecting monuments ... ... ... ... ... 48 consent of incumbent to ... ... ... ... 48 object of 50 exceeding powers of, for removing bodies ... 105, 287 FEES, for consecration of churchyards, &c 27, 611 for erecting monuments ... ... ... ... ... 50 for burial, none due at common or by canon law ... 31 may be due by custom 32, 37 origin of 32 when payable to churchwardens ... ... 17, 35 in London parishes ... ... ... ... 35, 119 recoverable in Ecclesiastical Court ... ... 36 must be reasonable and certain ... ... ... 38 amount of ... 39 for burial in chancel or church ... 40 of incumbent for burials in burial ground ... ... 110 in respect of grants of vaults, &c 116 may be collected by burial board 201 of sexton 110 of chapelry district, where churchyard closed ... 190 of clerk 110 for vaults, monuments, and exclusive right of burial in burial ground to be fixed by board ... 117 subject to approval of Secretary of State 160 table of, to be affixed in burial ground 118 when payable to churchwardens or trustees ... 118 for non-parishioners ... HI division of, between incumbents of parishes and eccle- siastical districts ... ... ... 118 revision and alteration of, by vestry and bishop ... 119 by town council ... 152 fixed payment may be substituted for 119 Index. G37 FEES — continued. ]..\ , ; g for burial of paupers in cemeteries 129 incumbents' compensation for, in cemeteries 130 for searching register of burials... ... ... ... Hi; in boroughs... ... ... ... ... ... ... ]52 higher, may be charged for inhabitants of outlying parts of parishes ... ... ... ... ... ir>3 for burial in Cemetery of Little Ilford ... 180 of incumbent of new parish 189 to be identical for burials in consecrated and unconse- crated ground ... 200 none allowable to incumbent, &c, for burials in uncon- secrated ground ... 20() incumbent, &c. entitled to, for burials in consecrated ground without Church of England service 233 of incumbents and clerks for burials in cemetery ... 258 compensation for, on division of parish ... ... 307 on assignment of district chapelries ... ... 420 in respect of church built and endowed ... ... 421 clerks and sextons of divisions of parish may recover... 328 Ecclesiastical Commissioners may fix table of, where church built under Church Building Acts 329 may direct fees of district parish shall belong to incumbent of old parish 352 of consolidated chapelry, apportionment of 409 after compensation, fees to belong to minister of dis- trict or consolidated chapelry, or of particular district 421 where not reserved, to belong to incumbent of district chapelry, &c 422 apportionment of, by Order in Council, on division of parish 423 for marriages in new church 424 in new parish to belong to original incumbent till first avoidance ... ... ... ... ... ... 416 on burial of paupers, payable out of poor rates . . . 502 for registration of burials 489 table of, for consecration Gil FELO BE SE, not entitled to Christian burial 7 burial of 11,266 FELONY, forging, falsifying, or destroying register 1 : 1 1 making false entries in copies of register (95 2f 638 Index. FEMES COVERT, page alienation of land for churches, &c. by 310, 467 abandonment of patronage by 331,353 endowment of chapels by... ... ... 332 FENCES, of burial ground, repair of, by burial board 171 by urban authority ... ... ... ... 172, 293 of churchyard, repair of, by churchwardens ... 21, 172 by Ecclesiastical Commissioners 172,342 of sites of destroyed churches 173 none necessary between consecrated and unconsecrated parts of burial ground 1% of cemeteries 247 FLOWERS, planting of, on graves 117, 120, 232 FORGERY, of register of burial 199,494 of copies of register 199,495 EORMS, of notice of burial ... ... ... ... 239 of certificate of burial ... 239 of grant of exclusive right of burial in cemetery ... 265 of assignment of right of burial... ... ... ... 265 of conveyance of land under Church Building Acts, 58 Geo. 3, c. 45, and 59 Geo. 3, c. 134 347 under 1 & 2 Will. 4i c. 38 389 for burial ground, site of church or residence of minister ... 469 for enlargement of existing churchyard 477 of reservation of portion of enlarged churchyard to donor ... ••• 479 FREEHOLD, of churchyard in incumbent 16 of chapel, lodge, &c., in contiguous burial grounds ... 427 of sites for churches, &c., vesting of, in incumbent ... 410 FUNERAL, exemption from turnpike tolls ... ... ... ... 198 FUNERAL EXPENSES, liability of executor for 2 of husband 2 of infant widow ... 3 of infant child 3 of parent ... 3 of guardians and overseers 3, 506 of householder 4 Index. G39 FUNERAL EXPENSES— continued. page of seamen 1 of persons found drowned 270 guardians may appropriate property of paupers to pay 504 of pauper recoverable as loan 504 GENERAL DISTRICT RATE, expenses of local boards acting as burial boards may be paid out of 213 GOOD-FRIDAY, burial on, minister may refuse to allow without church service 10, 232 GRANT, of exclusive right of burial by burial board 116 payments for 117 by cemetery company • 255 form of 265 meaning of term in conveyances 105 GRAVE, conditions to be observed in making, in towns 125 not to be made within walls of church built since August, 1848 293 not to be made within twenty feet of church built under Church Building Acts 321 GRAVEYARD, meaning of term 229 burial in, without Church of England service 229 not to affect regulations and fees 233 disorderly conduct at 235 See Burial Ground ; Churchyard. HEER, Grant of exclusive right of burial, or vault, descends to 116 except in cemeteries 256 HOME OFFICE, Circular of Directions as to proceedings under the Burials Acts 573 Circular of Suggestions to burial boards 578 regulations for burial grounds 590 queries by, for report on state of burial ground ... 606 queries by, on proposal to construct new burial ground 607 queries by, on application for license to remove body ... 610 2f2 640 Index. HOSPITAL, page burial of inmates at expense of ... ... 144 HOUSE. See DWELLING-HOTJSE. HOUSEHOLDER, duty of , to bury inmate of house ... ... ... 4 HUSBAND, liability of, for funeral expenses of wife 2 IDIOT, burial of pauper ... ... ... ... ... ... 518 alienation of land for churches, &c, by ... 310, 346 abandonment of patronage by ... 331,353 endowment of chapels by ... ... ... 332 ILFORD, LITTLE, cemetery for city of London at ... ... 175 IMPROVEMENT COMMISSIONERS, may be constituted burial board by Order in Council... 185 expenses of , acting as burial board 213 to keep separate accounts of burial expenses 214 power of , to mortgage improvement rate 217 INCOME, of burial board, how applicable 99 of town council in boroughs 150 of local board or Improvement Commissioners 214 INCOME TAX, payable on surplus revenue of burial board 99 INCUMBENT, freehold of churchyard is in 16 cannot legally grant vault without faculty 16 consent of, to burial of strangers 17 to burial in church 19 to burial in chancel ... ... ... ••• ••• 20 to erection of monuments ... ... 48 appeal to ordinary from refusal of, to sanction erection of monuments, &c 49 notice to, of intended funeral without Church of Eng- land service ... ... ••• ••• ••• ••• 229 no penalty on, for allowing funeral without church service ... ... ••• ••• ••• ••• ••• 229 Index. Gil VSiCTJMEEST—conHimed. definition of, in Burial Acts ... ... ... ... 132 notice to, of closing burial ground ... ... 85, lii'.t may be member of burial board though not ratcpaper 92, 158 to perform duties in respect of burial ground as though burial ground of parish ll<» right to fees 110 for monuments ... 50 of district parish ... •■' 11-' of new parish ... ... ... ... ... LIS under Cemetery Acts 115 of parishes in City of London 178 of parishes and of ecclesiastical districts, division of fees between 118 revision and alteration of fees of ... 119 substitution of fixed payment for fees of 1 l'J may arrange for chaplain to be appointed to burial ground ... of city parish may be appointed to act with Commis sioners of Sewers as burial board compensation of, for burials in cemeteries conveyance by, of chapel to trustees for neighbouring parish may transfer to burial board burial ground provided under Church Building Acts bound to perform service in burial ground licensed by archbishop optional with, to perform service in burial ground certi fied by Secretary of State only no fees for burials in unconsecrated part of burial ground fees of, may be collected by burial board for burials in cemetery of new parish vesting of freehold of site of church, &c. in of new parish to have exclusive care of souls therein.. 121 1 25 130 130 193 197 198 200 201 258 445 no 148 INFANT, widow, liability of, for funeral expenses of husband ... 3 ehild, liability of, for funeral expenses of parent ... 3 INFIRMARY, burials of inmates at expense of 144 INHABITANT, who is included in term 1 definition of, in city of London 179 642 Index. INJUNCTION, page to restrain interference with graves in proprietary burial ground 87 INQUEST, exhumation of body for ... ... 5 obstruction of, by cremating body 6 coroner's order for burial, after ... ... ... ... 499 INSCRIPTIONS, on monuments ... ... ... ... ... ... 51 sanction of incumbent to... ... 121 fitness of , to be determined by bishop 120 action for defacing or removing 47, 120 INSPECTION, of accounts and minutes of burial boards 95 of burial grounds ... ... ... ... 161 INSPECTOR, of burial grounds, &c. ... ... 161 penalty for obstructing 161 JEWS, closure of burial grounds of 86, 141 JOINT BURIAL BOARDS, for two or more parishes 99 accounts and expenses of 100 approval of majority of vestries sufficient to authorise acts of 184 dissolution of ... ... ... ... 185 JUSTICE OF THE PEACE, removal of dead body to mortuary by order of 224 LAND, alienation of, for churches and burial places ... 24, 294 by spiritual corporations 294 by bodies politic and limited owners 24, 310, 467, 472 See Burial Ground ; Churchyard ; Conveyance. LANDS CLAUSES ACT, 1845 528 incorporation with Burial Acts 104 LARCENY, none, of dead body 5 of shroud 6 Index. G-13 LAY RECTOR, pa<;i: right of, to vault in chancel 20 LICENCE, of Secretary of State for removal of dead body after burial ... ... ... ... ... ... C, 205 penalty for removing body without 205 for interment in vaults in closed burial ground or church 87,112 of archbishop to bury in ground before consecration ... 197 LIMITATION of time for questioning title to land conveyed for burial grounds, churches, &c 2'J5, 358 LITTLE ILEORD, cemetery for city of London at 175 LOANS, to burial boards in metropolis ... from Public Works Loan Commissioners ... on terminable annuities repayment of, by sinking fund by commissioners for building churches, &c. ... 97 98 98 202 201 350 LOCAL AUTHORITY, expenses of, acting as burial board to be paid out of general district rate, or by separate rato 213 to keep separate account of burial expenses 214 power to provide cemetery 221 may accept land or money for purpose of cemetery ... 222 may be compelled to provide cemetery 222 provisions of Public Health Act, 1875, respecting making of sewage works by 223 providing of mortuaries by 224 places for post-mortem examinations 224 sale and exchange of lands by 224 purchase of lands by 226 lease of superfluous lands by 226 bye-laws, how made by 226 may be made for regulating cemetery 694 transfer of disused burial ground to metropolitan, for open space 288 may be burial board for parish in local government district - 644 Index. LOCAL BOARD OF HEALTH, page saving of rights of, as burial board ... 173 created by local Act to have all powers of burial board 173 may be constituted burial board by Order in Council ... 186 LOCAL GOVERNMENT BOARD, sanction of, to appropriation of parish lands for burial ground ... ... ... ... 106 appointment by, of inspector to inquire as to sewage works 223 power to compel local authority to provide mortuary ... 224 to provide cemetery ... 222 Circular of, with regard to the Public Health (Inter- ments) Act, 1879 591 Memorandum of, on the sanitary requirements of cemeteries ... ... ... ... ... ... 596 model bye-laws for management of cemetery ... ... 604 LONDON. See City of London. LONDON GAZETTE, publication in, of notice of representation to close burial ground ... ... ... ... ... 84,139 of notice of petition to appoint local board or Improvement Commissioners burial board ... 144 of Orders in Council made for regulating burial grounds, &c. ... ... ... 196 of Orders in Council made for preventing vaults, &c. being dangerous to health 203 LORD OF MANOR, fee payable by, on burial of drowned person, as evidence of right to wreckage ... ... ... ... ... 272 conveyance of common land for burial ground by ... 311 LUNATIC, alienation of land for churches, &c, by ... 310, 467 abandonment of patronage by ... ... ... 331,353 endowment of chapels by ... ... 332 burial of pauper ... ... 506,509 committee of visitors may convey lands for burial of, dying in asylum ... 510 may acquire two acres as burial ground for asylum ... ... ... ... ... ... 514 LUNATIC ASYLUM. See Asylum. Lunatic. Index. G15 MANAGEMENT PAGE of burial grounds vested in burial board 120 MANDAMUS lies to compel burial board to apply to bishop to conse- crate burial ground 93,198 means of avoiding 198 METROPOLIS, definition of \x\ loans to burial boards in .., 3 METROPOLITAN BOARD OF WORKS, transfer of disused burial ground to 283 MINISTER, duty of, to bury the dead 7 suspension of, for disobedience to canon 9 formerly disabled from performing service in conse- crated ground ... ... ... ... ... y no penalty now on, for performing service in uncon- secrated ground ... ... ... ... ... \\ mandamus to compel, to bury ... ... ... ... 30 definition of , in Burial Acts 132 to keep register of burials 482 See Incumbent. MINOR, alienation of land for churches, &c. by 310,407 abandonment of patronage by 331,353 endowment of chapels by 332 liability of, for funeral expenses ... ... ... 3 MINUTES, of proceedings of burial board to be evidence 94 inspection of 94 MISDEMEANOR, burying in closed burial ground or church ... 86, 142 burying non-parishioner in metropolitan burial ground 86 obstructing burial service ... ... ... ... 234 removal of dead body after burial without authority ... 2(.C> MODE OF BURIAL, 29 is matter of ecclesiastical cognizance 30 2 f 3 646 Index. MONUMENTS, page propertyin 47 removal or defacement of 47,120 faculty for erecting 48 object of 50 custom for parishioners to erect, at will, bad 49 jurisdiction of ordinary over 49 fees for 50 inscriptions on 51 sanction of incumbent to ... ... 121 fitness of, to be determined by bishop 49, 120, 258 burial board may sell right to erect ... 116 payments for, to be fixed by burial board ... ... 117 in cemeteries ... ... ... ... ... ... 254 MORTGAGE, of rates by burial board ... 97 reduction of interest on ... ... ... ... ... 151 repayment by sinking fund 201 clauses of Commissioners Clauses Act relating to, in- corporated with Burial Acts 201 of improvement rate 217 MORTUARIES OR CORSE-PRESENTS, origin of 40 only due by custom ... ... 43 recoverable in Ecclesiastical Court 43,45 amount of. regulated by statute 43 not within 7 & 8 Will. 3, c. 6 46 parochial agreement respecting ... ... 47 MORTUARIES FOR THE DEAD, in metropolis, provisions relating to 222 to be provided by local authority ... ... ... 224 may be provided by burial board 122 by churchwardens and overseers if no burial board 123 regulations by Secretary of State respecting 125 MURDERERS, burial of 12 NEW PARISH, constitution of districts by Ecclesiastical Commis- sioners not containing consecrated church or chapel 429 endowment of ... 430 dissolution of ... ... ... ... ... ... 459 nomination of minister to ... ... 431 Index. (!17 NEW PARISH-— continued. style and character of minister i:;i perpetual curate 134 consecration of temporary church or chapel for ... 132 not to prevent marriages or burials in mother church Y62 district to become new parish on consecration of church \.V.\ churchwarden to be chosen 134 compensation to incumbent of mother church 136 Ecclesiastical Commissioners may make [grants for building churches for 136 constitution of districts containing consecrated church by Order in Council 112 district becomes new parish on Order in Council being made 443 freehold of church and burial ground to vest in incumbent ... ... . ... ... ... 443 districts may become new parishes whenever offices of matrimony, &c, may be performed in the church ... 447 division of parish into, with consent of patrons ... II' 1 for purposes of burial is an ecclesiastical district ... 1">1 NONCONFORMISTS, office of burial not to be refused to 9 performance of religious service by, in consecrated ground ... ... ... ... ... ... ... 234 NON-PARISHIONERS, burial of 1" fees for burial of 1° NOTICE, of burial to minister 7,8 without Church of England service 229 form of 239 to state time of burial 231 in case of paupers 231 of meeting of vestry ... ... ... ••• ••• s '-' of contracts by burial board over 100/ 109 of non-delivery of coroner's order or registrar's certi- ficate 236,500 penalty for not giving 237,600 of representation by Secretary of State of intention to close burial ground 84, 139 of petition to make town council a burial board ... 1 1 9 of vacancy in burial board 648 Index. NUISANCE, page cremation illegal, if productive of 6 prevention of, in cemetery 248 NUISANCE AUTHOEITY, power of, in metropolis to provide mortuaries 222 OBSTRUCTION, of burial service a misdemeanor ... ... 234 of inspector of burial grounds 161 penalty for 161 OFFICERS, appointment of, by burial board 93 attending bishop at consecration of additional church- yard not entitled to fee 476 OFFICES, burial board to meet at 92 hire of, by burial board 93 ORDER IN COUNCIL, for closing burial ground 84, 138 does not extinguish trusts on which burial ground is held 140,157 not to extend to burial ground of Quakers or Jews unless expressly included 85,141 burial illegal after 86,142 may save rights to bury in vaults 87, 142 not to apply to burial grounds approved by Secre- taryof State 88,143 not to extend to St. Paul's or Westminster Abbey 88 not to apply to cemeteries established by Act of Parliament... ... ... ... ... ... 143 regulating opening of new burial ground 138 new burial ground not to be opened contrary to ... 143 for constituting town council burial board of borough 149 may except parishes having separate burial grounds ... ... ... ... ... ... 153 may be postponed or varied by subsequent order ... 156 may constitute local board of health or improvement commissioners burial board 186 may be made for regulating burial grounds ... 125, 196 to churchwardens or others for preventing vaults, &c, being dangerous to health ... ... ... ... 203 mode of enforcing 210 Index. 649 ORDER IN COUNCIL— continued. page for dividing parish into separate parishes 209 into districts for ecclesiastic;! 1 purposes 30] may divide parish into distinct and district parishes, &c, at same or separate times - may direct baptisms and burials to be performed in district church and apportion fees 123 constituting new parish under New Parishes Acts ... 1 13 ratifying division of parish into districts with consi nr of patrons ... 449 dissolving district formed under New Parishes Acts ... 459 ORDER OF CORONER, for burial after inquest 499 delivery of 236,499 ORDINARY, jurisdiction over monuments 1'.) appeal to, and from 50 jurisdiction of, not prejudiced by licence of Secretary of State to bury in closed ground or vaults ... 87, 143 OPEN SPACES, conversion of disused burial grounds into 275 OVERSEERS, definition of. in Burial Acts ... ... ... ... 133 duty of, to bury poor 3 to pay out of poor rate sums certified by burial board... 96 where parish does not separately maintain its own poor 168 See Chuechwakdens. PAPISTS, formerly required to be buried by the Church 9 PARENT liability of, for funeral expenses of child ,'J PARISH, definition of ... ... ... ... ... ... L31 isolated or detached parts of, may be annexed to adjoining ... 132 burial ground for ... ... ... ... ... ... 89 to be the burial ground of ... 109 may be outside parish 101 what, may have burial ground ... '.'1 two or more, may appoint joint burial board ... ... 99 650 Index. PARISH — continued. page land of, may be appropriated for burial ground ... 106 consecration of, for burial of poor ... 191 burial ground for united pai'ishes ... 165 for, not separately maintaining its own poor, and which has had separate burial ground ... ... 167 which has not had separate burial ground ... 188 divided into ecclesiastical districts, appointment of burial board for... ... 214 closed burial ground in, but not belonging to, may be purchased by vestry ... 194 in boroughs, provision of burial ground for ... ... 152 having separate burial ground 153 excepted by Orders in Council not to be rated ... 153 list of, in city of London... ... ... 181 division of, into separate parishes for all ecclesiastical purposes 299,423 new church to be rectory, &c, same as old ... 300 into ecclesiastical districts 301, 423, 429 may be simultaneous with division into separate parishes 393 districts to be described and enrolled 302 boundaries may be altered within five years ... 302 districts to be separate parishes for ecclesiastical purposes only ... ... ... ... ... 303 not to affect glebe, modus, or tithe... ... ... 306 nor poor rates 306 when regulated by local Act ... 425 into districts under New Parish Acts if new dis- tricts do not contain any consecrated church ... 432 if new district contains consecrated church, by Order in Council ... ... 442 by Order in Council into separate parishes, with consent of patron ... ... ... 449 may be required to furnish site for additional church... 309 land for burial ground, &c ... 340 on default commissioners may take ... ... 350 may, with the consent of commissioners, procure addi- tional burial grounds ... ... ... ... ... 356 chapel-of-ease, if endowed may be made distinct ... 385 any church or chapel may be made parish church of ... 394 incumbency of ... ... ... ... 396, 403 emoluments of 400 united with another parish to be disunited after build- ing of church 403 Index. q% 1 PARISH— continued. n A , . ,. land not within, obtained for burial ground may be declared part of Hj land of, not to be granted for site of burial ground, &c. without consent of ratepayers 473 burial of poor of, by guardians -,,_. workhouse to be deemed to be in every parish of union , pr n o ""• ••• ••• ... l)U.) extra-parochial place to be deemed parish for pur- poses of B12 expenses of, chargeable upon common fund of union 516 PARISHIONERS, meaning of... ... ... 1 1 , right of, to burial in churchyard 13 without leave of incumbent... 4g no right to vault ], ; to burial in chancel [g repair of churchyard by 21 of borough parishes ],-■> PATRON, consent of, to division of parish into separate parishes 450 PAUPER. See Poor. PAYMENTS, for interments, monuments, &c, to be fixed by burial board U7 subject to approval of Secretary of State 160 by burial board of fees for graves, monuments, &c, to incumbents HG revision of, subject to approval of bishop 119 in boroughs 154 PECUNIA SEPULCHRALIS 32. 41 PENALTY, on minister for refusing to bury 19 for burying in closed burial ground or within prescribed limits 157 within walls of church erected under Church Building Acts 157,321 within or underneath church erected since 31st August, 1848 293 652 Index. PENALTY— continued. page for burying in towns in grave having less than 30 inches of soil above coffin 125 in city of London in grave having less than 5 feet of soil above coffin ... 180 for obstructing inspector of burial grounds 161 for refusing inspection of burial board minutes and accounts... ... ... ... ... ... ... 95 for not observing regulations by Secretary of State ... 161 for damaging cemetery ... ... ... ... ... 260 for committing nuisances in cemetery ... ... ... 261 on cemetery company for fouling water... ... ... 248 for not delivering coroner's order or certificate of registrar 236, 500 for not giving notice of such non-delivery ... 237, 500 for unlawfully procuring burial of child as still-born ... 500 for not giving notice when coffin contains more than one body 501 for not duly keeping register of burials... ... ... 495 relief from, on minister performing Church of England service in unconsecrated ground ... ... 11,229 PERPETUAL CURACY, what chapels are not ... ... ... ... ... 334 endowed chapel with district 379 consolidated chapel ... ... ... ... ... 408 new parish... ... ... ... ... ... ... 434 PERJURY, under Cemeteries Clauses Act, 1847 263 PLAN, of cemetery to be kept ... ... ... 255 copies of , to be evidence ... ... ... ... ... 245 of chapel to be approved by bishop ... ... 106,250 POOR, fee for burial of, in cemeteries established by Act of Parliament ... ... ... ... 129 parish land may be consecrated for burial of ... ... 191 burial of pauper in ... ... ... ... ... 192 burial of, without Church of England service ... ... 231 by guardians at expense of parish ... ... ... 502 at expense of union ... ... ... ... 516 property of pauper liable for ... ... ... 504 expenses of, recoverable by guardians as loans from persons liable ... ... ... ... ... 504 Index. G53 POOR — continued. ..,,,. . PAGE burial of, dying in workhouses contribution by guardians to enlarge or obtain burial ground for - (l - at place requested by next-of-kin, &c 505 dying in asylum or hospital, expenses of 506 in neighbouring parish, where parish burial ground is closed or overcrowded 508 509 agreements of guardians with cemetery companies or burial boards for - 8 agreements of visitors of lunatic asylums with cemetery companies or burial boards for, of lunatics 5 jq lunatics ... ' .„„ idiots ... _,_ , , 0I8 in school or asylum in union 529 POOR LAW BOARD, consent of, to consecration of parish land for burial of P° or 191 POOR RATE, expenses of burial board to be paid out of ... 95, 168 surplus income of burial board to be applied in relief of 99 assessment of burial grounds to .170 mortgage of, by burial boards 97 POSSESSION, of dead body, right to j POST-MORTEM, provision of places in metropolis for conducting ... 223 by local authorities elsewhere 224 PRESCRIPTION, for right of burial in chancel 20 PROBATE, of wills bequeathing vault or right of burial, registra- tion of ... 057 PROHIBITION, to ecclesiastical courts on trial of custom 37 PROPERTY, none in dead body 1 in shroud g 654 Index. PUBLIC HEALTH ACT, 1875, extended to cemeteries provisions of PUBLIC HEALTH (INTERMENTS) ACT, 1879, incorporated with Public Health Act, 1875 PUBLIC WORKS LOAN COMMISSIONERS, may lend to burial boards PUBLICATION, of table of fees in burial ground PURCHASE, of land for burial grounds from cemetery companies ... of lands by local authority of closed cemeteries by burial boards of closed burial ground by vestry of parish QUAKERS, closure of burial grounds of QUALIFICATION, for membership of burial board QUORUM, of burial board PAGE .. 221 ,.. 223 221 98 118 ... 103 ... 103 ■ ■• 225 • •• 206 ... 194 86 HI 91 158 93 RAILWAYS CLAUSES ACT, 1815 557 RATE, separate, for burials in boroughs 202 for expenses of local board acting as burial board 213 for expenses of improvement commissioners acting as burial board ... ... ... 214 general district, for expenses of local board 213 improvement, for expenses of improvement commis- sioners ... 213 surplus funds to be applied in aid of district or improve- ment rate ... ... ... ... 214 of poor rate ... ... ... ... 99 See Pooe Rate. RATEPAYERS, requisition of ten, to call vestry meeting 89 qualification, for membership of burial board ... 91, 158 inspection by, of minutes and accounts of burial board 95 Index. 055 — continuet definition of RATEPAYERS— continued. PAGE 132 consent of, to grant of parochial property for site of burial ground, &c I7 :i RECTOR, right to trees in churchyard >•> register to be kept by 146,482,493 See Incumbent ; Ministee. REDEMPTION OF TITHE, on burial grounds ^v.i REFUSAL TO BURY, penalty on minister for 7 9 what justifies 7 indictment for g REGISTER OF BURIALS, to be kept by burial board 145 transcript to be forwarded to registrar of diocese ... 146 provisions respecting, kept by rectors, vicars, &c. 146, 482 fees for searching in; stamp on copy of entry in 147 49s in cemetery 252 officiating minister to keep register 482 forms of register supplied by King's printer 483 register to remain in custody of minister 485 copies of register to be made annually 486 free of stamp duty 489 to be transmitted to registrar of diocese 487 on default of minister, churchwardens to certify ... 487 minister not liable for correcting accidental errors in register 493 destruction or injury of 19• I — ■ ' may authorise expenditure by burial board on neglect or refusal of vestry . 159 appointment of inspector of burial grounds by ]<;i power of, to relax obligation on burial board to build chapel for Nonconformists Kjy approval of, for new burial ground within two miles of metropolis gg for new burial ground within limits prescribed by Order of Council 13g for division and allotment of consecrated and un- consecrated parts of new burial ground Ill for fixing higher scale of fees in outlying parts of borough parishes 153 for fixing and varying fees chargeable by burial board ... ... ... ... ... .160 for burial board to contract for use of chapel in adjoining burial ground ]7i> 658 Index. SECRETARY OF STATE— continued. page approval of, for letting unused parts of burial grounds 171 for burial board providing separate consecrated and unconsecrated burial grounds 185 for appointment of burial board for united parishes, where any parish has separate burial ground ... 195 for appointment of burial board for entire parish which has been divided into ecclesiastical dis- tricts 214 how obtained 218 for sale, &c. of portions of closed cemetery or burial ground 204 certificate of, before consecration of burial ground ... 198 licence of, for removal of dead body 205 enforcement by, of Order in Council for preventing vaults, &c. being a danger to health ... 210 sanction of, to acquisition of burial ground for lunatic asylum 515 SERVANTS, appointment of , by burial board .. . ... ... ... 93 by cemetery company 253 SEWAGE WORKS, provisions of Public Health Act, 1875, respecting ... 223 SEXTON, fees of 110 revision of 119 in district parish 328, 333 in chapelry district 190 none for burials in unconsecrated ground 200 duties of 110,111 of new parish appointed by incumbent... 444 SHIPWRECKED PERSONS, burial of 4, 269 SINKING FUND, for repayment of loans to burial board 201 SITES, for churches, &c 472 See Conveyance. Church. Index. 05 7 expenses of burial of poor chargeable on common fund of 51(J UNITED PARISHES, burial board for 166 consent of Secretary of State to ..-. 195 URBAN AUTHORITY, repair by, of disused burial ground 1 72, 293 burial board may transfer powers, &c, to 293 VACANCIES, in burial boards to be tilled up by vestry within a month 1,s VAULT, in churchyard, faculty required fur 16 closure of ... licence for burial in closed 87,142 2 G 662 Index. VAULT — continued. PAGE sale of, by burial board 116 grant of, descends to heir 116 in cemetery to next-of-kin ... 256 payments for, to be fixed by burial board 117 Order in Council respecting, to prevent danger to health from 202 how enforced 210 none to be made within church built after 30th August, 1848 293 under churches built under Church Building Acts ... 321 VESTRY, definition of ... ... 133 to determine whether burial ground shall be provided for parish 89 may be convened by churchwardens, &c., at discretion 157 notice of meeting 89 resolution of , to be sent to Secretary of State 89 select 90,132 metropolitan 90 sanction of, necessary for expenditure on burial ground and chapel 96 when dispensed with 159 for exercise of borrowing powers of board ... 97 when dispensed with 160 for purchase of land of cemeteries ... 103 for sale of superfluous land 105 for appropriation of parish land for burial ground 106 for providing mortuaries 122 for conveyance of chapel of neighbouring parish 130 for purchase of closed burial ground by burial board 206 no sanction of, necessary when town council is burial board 150 may revise fees of incumbent, &c, and substitute fixed payment for fees 119 to fill up vacancies in burial board 158 of united parishes may appoint burial board 165 subject to approval of Secretary of State 195 of parish, township, or district, not separately main- taining its own poor, which has had a separate burial ground 167 which has not had a separate burial ground ... 188 representation by three-fourths of, that chapel for Non- conformists is unnecessary 169 Index. VESTRY— continued. paoh consent of majority of vestries sufficienl bo authorise acts of joint burial board l~". may purchase closed burial ground Bituate in pai but not belonging to it L94 resolutions, &c, of, not to be void for irregularity "i notices or proceedings 207 mode of giving notice of meeting of 207 appointment of burial board by, for parish divided into ecclesiastical districts 214 how to obtain approval of Secretary of State to ap- pointment of burial board 218 of parish in local government district may appoint local authority as burial board 293 resolution of, to transfer powers of burial board to urban authority 293 VESTRY CLERK, notice to, of representation respecting closing of burial ground 85, 139 election and payment of 86 VICAR, right of , to trees in churchyard 22 position of, with regard to grant of faculty for vault in church ... ... ... ... ... ... ... 20 right to fees for burial in church or chancel 40 no right to fees for monument in chancel ... ... 50 See Incumbent ; Ministeb. WALLS, repair of, of closed burial grounds by burial board ... 171_ by urban authority 172, 293 by churchwardens ... ... ... ... - 1 . 1 ~ - by Ecclesiastical Commissioners 172,342 demolition of external, of church, effect of 180 none necessary between consecrated and unconseerattd parts of burial ground 196 WARNING to minister that corpse will be brought for burial ... 7 WARRANT of Secretary of State authorising expenditure of burial board '■''•' WATERWORKS CLAUSES ACT, 1817 570 (564 Index. WEST OF LONDON AND WESTMINSTER page cemetery ... 128 WIDOW, liability of infant, for funeral expenses of husband ... 3 WILL, disposition of body by 1 for anatomical purposes ... ... ... ... 2 probate of, bequeathing rights of burial in cemetery to be registered 2.">7 WORKHOUSE, burial of poor dying in 505 deemed to be in every parish of union ... ... ... 503 Acts enabling overseers and churchwardens to provide 123 London : Printed by Shaw & Sons, Fetter Lane and Crane Court, E.C. o Burial Boards' Books and Forms— Continued. ~~~ £ s. d. ii Index to the Register of Burial 0160 7 Ledger, bound in calf and lettered 1 5 ° 8 Certificates of Burial, in book of 50 - - - -050 9 Letter Book, bound in calf and lettered - - - - o 16 10 Contract and Bond for Works 010 21 Book for Entry of Copies of Contracts made by Burial Board 110 22 Book for Entry of Fees Received and Paid for Burials, &c. 1 5 o Ditto Ditto o 16 o 800 Grave Spaces - - o 16 o 1600 ,, - - 1 2 o 12 Register of Public Graves I Q _ -180 in Consecrated Ground -\ 3200 ,, - - 1 14 o 4000 ,, - - 2 o o 800 Grave Spaces - - o 16 o 1600 ,, - - 1 2 o 13 Register of Public Graves I . . x 8 o in Unconsecrated Ground \ 3200 ,, - - 1 14 o I 4000 ,, - - 2 o o / 800 Grave Spaces - - o 16 o [ 1600 ,, - - 1 2 o 14 Register of Private Graves / Q . -180 in Consecrated Ground - 1 3200 ,, - - 1 14 o * 4000 ,, - - 2 o o / 800 Grave Spaces - - o 16 o 1600 ,, - - 1 2 o 15 Register of Private Graves J . . , g in Unconsecrated Ground } 3200 ,, - - 1 11 o 4000 ,, - -200 The 5th Regulation of the Home Secretary requires that every Grave Space shall be registered. The Sections and Numbers, as drawn on the plan, can be printed in and bound in a volume for reference by order of Shaw and Sons. 16 Register of Transfer of Private Graves - - - - o iC o 23 Ditto of Purchased Graves 1 11 6 24 Ditto Ditto 1 1 o 25 Form of Mortgage of Poor Rates - Parchra^t. each o 1 o 26 Form of Conveyance of Land ' - - - - 4* -010 LOS ATmGEMW* v UC SOUTHER AA 000 729 733 I Burial Boards' Books and Forms— Continued. £ s. J. O I o 27 Form of Conveyance of Land on Chief Rent - 2S Form of Grant of Exclusive Right of Burial, on parch- ment, and bound extra strong, 50, with Duplicates to be retained by Burial Board, printed with Name of Board, &c. 220 Ditto, 100 Ditto 3 jj c Ditto, 250 Ditto G G o 29 Notice to Burial Board of intended Interment per quire 030 Ditto Ditto printed with Name of Burial Board - - per 250 015 o 30 Summons of Special Meeting of Burial Board by two Members - per quire o 2 G 31 Book of General Receipts by Burial Board, not being Interment Fees, in books of 100 - - - - - o 2 G 32 Books of Receipts for Fees paid, with counterpart to be retained by Burial Board, in books of 100 - - o 5 G SHAW & SONS, ENGRAVERS, riutm, IptilTfeljttS, MANUFACTURING STATIONERS, DIE AND SEAL CUTTERS, FETTER LANE AND CRANE COURT, LONDON, E.C. 5»§§SS£S$J HHHH ' . : k