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CA P. CXXVIII. An Act further to amend the Laws concerning the Burial of the Dead in England.
[14th August 1855.] WHEREAS an Act was passed in the Session of Parliament 158 16 Vict.
of . jesty (Chapter Eighty-five), “to amend the Laws concerning • “the Burial of the Dead in the Metropolis ;” and an Act was
passed in the Session of Parliament holden in the Sixteenth and 16 & 17 Vict.
Seventeenth Years of Her Majesty (Chapter One hundred and c. 134. '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 Me. 6“ tropolis ;” and an Act was passed in the last Session of Parlia'ment (Chapter Eighty-seven), “to make further Provisions for 17 & 18 Vict. "" the Burial of the Dead in England beyond the Limits of the c. 87. "“ Metropolis :" And whereas it is expedient that further Provi. • sion should be made for the Burial of the Dead, and that the said ' 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 present Parliament assembled, and by the Authority of the same, as follows : I. It shall be lawful for Her Majesty, by and with the Advice Orders in
Council under of Her Privy Council, from Time to Time to postpone the Time the recited appointed by any Order in Council for the Discontinuance of Acts may be Burials, or otherwise to vary any Order in Council made under varied by like any of the said recited Acts or this Act, (whether the Time Orders. thereby appointed for the Discontinuance 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 Order of Her Majesty in Council made before the passing 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.
II. If any Person, after the Time mentioned in any Order in Penalty on Council under the said Acts or any of them, or this Act, for the Persons buryDiscontinuance of Burials, shall knowingly and wilfully bury any the Provisions Body or in anywise act or assist in the Burial of any Body in of Orders in any Church, Chapel, Churchyard, Burial Ground, or Place of Council. 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. III. The Churchwardens or other Persons to whom it belongs
Churchwardens to convene Meetings of the Vestry of any Parish in which no
may call Vestry
for providing Burial Board has been appointed may, at any Time, at their Dis- Burial Grounds. cretion, without Requisition of Ratepayers for that Purpose, convene a Meeting of such Vestry for the Purpose of determining whether a Burial Ground shall be provided for the Parish ; and
Where Order where any Order in Council has been made before the passing of in Council has this Act for discontinuing Burials (wholly or subject to any been made, &c. Exception or Qualification) in any Burial Ground of any Parish shall call a
for which no Burial Board has been appointed, or Notice has been Meeting of given of the Intention of the Secretary of State to make a RepréVestry.
sentation to Her Majesty in Council that Burials should be discontinued (wholly or subject to any Exception 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 Meeting 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. Vacancies in IV. Every Vacancy in any Burial Board shall be filled up by Burial Board to the Vestry appointing the same within One Month after such be filled up by Vacancy shall have happened, and immediately on the Occurrence a Month. thereof the same shall be notified by the Burial Board to the
Church wardens 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 such Board may act for any Purpose, notwithstanding any Vacancies
therein. Monthly Meet- V. So much of Section Thirteen of the said Act of the Fifteenth ings of Boards and Sixteenth Years of Her Majesty as requires that the Burial repealed.
Board shall meet once at least in every Month shall be repealed. Sanction of
VI. If the Vestry of any Parish shall refuse or neglect to authoVestry not required for Ex
rize the Expenditure of such Sums as the Burial Board of such penditure and
Parish shall have declared to be necessary for providing and laying other Acts of
out a Burial Ground, and building the necessary Chapel or Chapels Burial Board therein, it shall be lawful for such Burial Board to represent such in certain Cases. 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 authorize such Burial Board, without further Authority, Sanction, 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, Twentysix, 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.
VII. All such Fees, Payments, and Sums as may be fixed, Fees, &c. to be settled, and received by any Burial Board under Section Thirty- subject to Apfour of the said Act of the Fifteenth and Sixteenth Years of Her proval of SecreMajesty, shall be so fixed and settled subject to the Approval of tary of State. One of Her Majesty's Principal Secretaries of State ; and no such Fees, Payments, or Sums shall be altered or varied without such Approval.
VIII. It shall be lawful for One of Her Majesty's Principal Secretary of Secretaries of State from Time to Time to appoint and authorize State may diany Person to inspect any Burial Ground or Cemetery, parochial
of Burial or non-parochial, or Place for the Reception of Bodies, to ascer- Grounds. tain the State and Condition 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 Penalty for any Person having the Care of any such Burial Ground or Ceme- obstructing tery or other Place shall obstruct any Person so authorized to Inspector or inspect the same, or if any Person having the Care of any Burial
violating Ground or Place for the Reception of Bodies subject to such Regu
Regulations. lations 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.
IX. So much of the said Act of the Fifteenth and Sixteenth Part of s. 24. of Years of Her Majesty as enacts that “no Ground (not already used 15 & 16 Vict. " as or appropriated for a Cemetery) shall be appropriated as a c. 85. repealed. “ 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," shall be repealed ; but no Burial Ground Ground not already used as or appropriated for a Cemetery shall not to be withbe used for Burials under the said Act or this Act, or either of
in 100 Yards
of Dwelling them, within the Distance of One hundred Yards from any Dwelling House. House, without such Consent as aforesaid.
X. If the Ratepayers assembled at any Vestry duly convened If Ratepayers under the Provisions of this Act shall, in pursuance of public resolve, Land Notice duly given in that Behalf, resolve unanimously that any Ground may be new Burial Ground to be provided for their Parish, under the Pro
conveyed and visions of this Act, shall be held and used in like Manner and settled as old subject to the same Laws and Regulations in all respects as the Burial Ground. 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, duly convened under the Provisions of this Act in pursuance 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 Provisions of the said recited Acts and this Act may be put in force and shall be applicable for providing such unconsecrated Burial Ground separately, in like Manner as they might have been put in force and been applicable for providing an ordinary Burial
Ground for such Parish. How Burial XI. Where a Parish or Place has been united with any other Grounds are to Parish or Place, Parishes or Places, for all or any Ecclesiastical be provided for Purposes, or where Two or more Parishes or Places have heretofore united Parishes.
had a Church or a Burial Ground for their joint Use, or 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, 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 apportioned 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. Burial Boards XII. The Vestry or Meeting in the Nature of a Vestry of any may be ap
Parish, Township, or other District not separately maintaining its pointed for certain Townships,
own Poor, which has heretofore had a separate Burial Ground, &c. which have may appoint a Burial Board, and from Time to Time supply had separate
Vacancies therein, and may exercise the same Powers of AuthoBurialGrounds. rization, 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 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.
XII. Where any District (whether a Parish or Township or Provision for other Subdivision) not separately maintaining its own Poor, but Expenses of forming Part of a Parish maintaining its own Poor, or of an Burial Boards Incorporation or other Union maintaining the Poor of the Places of Places not comprised therein, by means of a common Rate, shall have a Burial
maintaining Board, or shall form Part of a Place or Union of Places not co- their own extensive with the Area rated for the Relief of the Poor, and Poor. 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 sach 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 Overseers or Persons authorized as aforesaid had been the Overseers thereof; 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 necessary to provide for the Payments aforesaid.
XIV. ' And whereas Doubts have arisen whether in all Cases No Obligation ' in which any Burial Board shall build in any Burial Ground to build a Chapel . provided by such Board a Chapel for the Burial Service accord- for Persons not . ing to the Rites of the United Church of England and Ireland, Members of the
such Burial Board is not also bound by Law to build a Chapel land when Se
or Chapels upon the unconsecrated Part of such Burial Ground cretary of State • for the Performance of Burial Service for Persons not being declares it un• Members of the said Church :' Be it enacted, That in any such necessary. Case as aforesaid, where it shall appear to One of Her Majesty's Principal Secretaries 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 Secre18 & 19 Vict. 3 F