Cemeteries Clauses Act 1847

Protection of Cemetery

And with respect to the Protection of the Cemetery, be it enacted as follows:

LVIII Penalty for damaging the Cemetery.

Every Person who shall wilfully destroy or 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 any Bill therein or on any Wall thereof, or wilfully destroy, 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.

LIX Penalty on Persons committing Nuisances in the Cemetery.

Every Person who shall play at any Game or Sport, or discharge Fire-arms, save at a Military Funeral, in the Cemetery, or who shall wilfully and unlawfully disturb 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 Annual Account to be made up, and a Copy transmitted to the Clerk of the Peace, &c, and be open to Inspection.

And with respect to the Accounts to be kept by the Company, be it enacted, That the Company shall every Year cause an Account to be prepared, showing the total Receipt and Expenditure of all Monies levied by virtue of this or the special Act for the Year ending on the Thirty-first Day of December, or some other convenient Day in each Year, under the several distinct Heads of Receipt and Expenditure, with a Statement of the Balance of such Account, certified 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 Inspection 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 Tender of Amends.

And with respect to the Tender of Amends, be it enacted, That if any Person shall have committed any Irregularity, Trespass, or other wrongful Proceeding 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 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.