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Cemeteries Clauses Act 1847

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  1. Introductory Text

  2. [1.]. Incorporation with special Act.

  3. Interpretations in this Act

    1. And with respect to the construction of this Act, and...

    2. 2.“Special Act:” “Prescribed:” “Lands:” “Company.”

    3. 3. Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “The cemetery:” “Month:” “Superior courts:” “Established Church:” “Justice:” “Two justices:”

  4. Citing the Act

    1. And with respect to citing this Act or any part...

    2. 4. Short title of this Act.

    3. 5. Form in which portions of this Act may be incorporated in other Acts.

  5. Making of cemetery

    1. And with respect to the making of the cemetery, be...

    2. 6. Construction of cemetery to be subject to the provisions of this and the Land Clauses Consolidation Act 1845.

    3. 7. Errors and omissions in Act or Schedule to be corrected by Justices, who shall certify the same Certificate to be deposited.

    4. 8. Copies of plans, &c. to be evidence.

    5. 9. Company not to dispose of any land consecrated or used for burials.

    6. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. 11. Company may build chapels, &c.

    8. 12. Company may make or widen roads to cemetery.

    9. 13. No road to be widened without consent.

    10. 14. Owners, &c. may enter into agreement for improving roads for that purpose.

    11. 15. Cemetery to be inclosed and fenced.

    12. 16. Cemetery, &c. to be kept in repair.

    13. 17. Company to make compensation for damages done.

  6. Prevention of nuisances

    1. And with respect to preventing nuisance from the cemetery, be...

    2. 18. Power to make sewers, drains, &c. in and about the cemetery.

    3. 19. Certain provisions of Waterworks Clauses Act 1847, incorporated with this Act.

    4. 20. Penalty for allowing water to be fouled.

    5. 21. Penalty to be sued for within six months.

    6. 22. In addition penalty of 50 l., a daily penalty during the continuance of the offence.

  7. Burials

    1. And with respect to burials in the cemetery, be it...

    2. 23. A part of cemetery to be set apart and consecrated for burial of members of Established Church.

    3. 24. Consecrated ground to be defined.

    4. 25. A chapel in connection with the Established Church to be constructed.

    5. 26. Bodies when interred not to be removed without lawful authority.

    6. 27. Chaplain to be appointed with consent of the bishop.

    7. 28. Chaplain to perform burial service when required.

    8. 29. Other clergymen of the Established Church may be allowed to officiate.

    9. 30. Company to pay the chaplain a stipend approved by the bishop.

    10. 31. Stipend may be recovered by action at law.

    11. 32. Burials in the consecrated portion to be registered by the chaplain.

    12. 33. Registers to be subject to the regulations of 6 & 7 Will. 4. c. 86. as to searches, &c.

    13. 33.Section 35 of the Births and Deaths Registration Act 1836...

    14. 34. Clerk appointment for the consecrated part of the cemetery.

    15. 35. As to burial of persons not members of the Church of England.

    16. 36. Company may allow any burial service to be performed in dissenting chapels.

    17. 37. Power to appoint gravediggers, &c.

    18. 38. Regulations for ensuring decency and solemnity.

    19. 39. No burials under or close to chapels.

  8. Exclusive rights of burial

    1. And with respect to exclusive rights of burial, and monumental...

    2. 40. Parts of the cemetery set apart for exclusive burial. Monumental inscriptions.

    3. 41. Plan and book of reference to be kept, and be open to inspection.

    4. 42. Form of grant of burial in vault, &c. to be according to Schedule.

    5. 43. Register of grants to be kept.

    6. 44. Rights of burial, &c. to be assignable, or may be bequeathed by will.

    7. 45. Form of assignments.

    8. 46. Assignments to be registered.

    9. 47. Probates of wills to be registered.

    10. 48. Vaults to be kept exclusively for purchasers of exclusive right.

    11. 49. No such grant to give the right of burial in consecrated ground to certain persons.

    12. 50. Power to remove monuments improperly erected.

    13. 51. Bishop to have power to object to monumental inscriptions in consecrated part of cemetery.

  9. Payments to incumbents of parishes

    1. And with respect to payments to incumbents of parishes or...

    2. 52. Payments to incumbents of parishes from which bodies are brought.

    3. 53. Company shall keep account of interments.

    4. 54. Account of payments due to incumbents of parishes to be rendered half-yearly.

    5. 55. Fees to be paid to incumbents of parishes half-yearly.

    6. 56. Payment to be made to the incumbent for the time being, who is to account with his predecessor.

    7. 57. Company to pay parish clerks the compensation mentioned.

  10. Protection of cemetery

    1. And with respect to the protection of the cemetery, be...

    2. 58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. 59. Penalty on persons committing nuisances in the cemetery.

    4. 60. Annual accounts to be made up, and a copy transmitted to the clerk of the peace, &c., and be open to inspection.

    5. 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  11. Recovery of damages and penalties

    1. And with respect to the recovery of damages not specially...

    2. 62. 8 & 9 Vict. c. 20; incorporated as to damages, &c.

    3. 63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. 64. All things required to be done by two justices may, in certain cases, be done by one.

    5. 65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  12. Access to special Act

    1. And with respect to affording access to the special Act,...

    2. 66. Copies of special Act to be kept by company at their office, and deposited with the clerk of the peace, and be open to inspection.

    3. 67. Penalty on company failing to keep or deposit such copies.

    4. 68. Company not exempt from provisions of any future general Act.

    5. 69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    1. SCHEDULES to which the foregoing Act refers

      1. Form of Grant of Right of Burial

      2. By virtue of [here name the special Act], we [here...

      3. Form of Assignment of Right of Burial

      4. I, A.B., of , in consideration of the sum of...

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