Cemeteries Clauses Act 1847
[1.] Incorporation with special Act.
Interpretations in this Act
2“Special Act:” “Prescribed:” “Lands:” “Company.”
3 Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “The cemetery:” “Month:” “Superior courts:” “Established Church:” “Justice:” “Two justices:”
Citing the Act
4 Short title of this Act.
5 Form in which portions of this Act may be incorporated in other Acts.
Making of cemetery
6 Construction of cemetery to be subject to the provisions of this and the Land Clauses Consolidation Act 1845.
7 Errors and omissions in Act or Schedule to be corrected by Justices, who shall certify the same Certificate to be deposited.
8 Copies of plans, &c. to be evidence.
9 Company not to dispose of any land consecrated or used for burials.
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Company may build chapels, &c.
12 Company may make or widen roads to cemetery.
13 No road to be widened without consent.
14 Owners, &c. may enter into agreement for improving roads for that purpose.
15 Cemetery to be inclosed and fenced.
16 Cemetery, &c. to be kept in repair.
17 Company to make compensation for damages done.
Prevention of nuisances
18 Power to make sewers, drains, &c. in and about the cemetery.
19 Certain provisions of Waterworks Clauses Act 1847, incorporated with this Act.
20 Penalty for allowing water to be fouled.
21 Penalty to be sued for within six months.
22 In addition penalty of 50 l., a daily penalty during the continuance of the offence.
Burials
23 A part of cemetery to be set apart and consecrated for burial of members of Established Church.
24 Consecrated ground to be defined.
25 A chapel in connection with the Established Church to be constructed.
26 Bodies when interred not to be removed without lawful authority.
27 Chaplain to be appointed with consent of the bishop.
28 Chaplain to perform burial service when required.
29 Other clergymen of the Established Church may be allowed to officiate.
30 Company to pay the chaplain a stipend approved by the bishop.
31 Stipend may be recovered by action at law.
32 Burials in the consecrated portion to be registered by the chaplain.
33 Registers to be subject to the regulations of 6 & 7 Will. 4. c. 86. as to searches, &c.
33Section 35 of the Births and Deaths Registration Act 1836...
34 Clerk appointment for the consecrated part of the cemetery.
35 As to burial of persons not members of the Church of England.
36 Company may allow any burial service to be performed in dissenting chapels.
37 Power to appoint gravediggers, &c.
38 Regulations for ensuring decency and solemnity.
39 No burials under or close to chapels.
Exclusive rights of burial
40 Parts of the cemetery set apart for exclusive burial. Monumental inscriptions.
41 Plan and book of reference to be kept, and be open to inspection.
42 Form of grant of burial in vault, &c. to be according to Schedule.
43 Register of grants to be kept.
44 Rights of burial, &c. to be assignable, or may be bequeathed by will.
45 Form of assignments.
46 Assignments to be registered.
47 Probates of wills to be registered.
48 Vaults to be kept exclusively for purchasers of exclusive right.
49 No such grant to give the right of burial in consecrated ground to certain persons.
50 Power to remove monuments improperly erected.
51 Bishop to have power to object to monumental inscriptions in consecrated part of cemetery.
Payments to incumbents of parishes
52 Payments to incumbents of parishes from which bodies are brought.
53 Company shall keep account of interments.
54 Account of payments due to incumbents of parishes to be rendered half-yearly.
55 Fees to be paid to incumbents of parishes half-yearly.
56 Payment to be made to the incumbent for the time being, who is to account with his predecessor.
57 Company to pay parish clerks the compensation mentioned.
Protection of cemetery
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Penalty on persons committing nuisances in the cemetery.
60 Annual accounts to be made up, and a copy transmitted to the clerk of the peace, &c., and be open to inspection.
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recovery of damages and penalties
62 8 & 9 Vict. c. 20; incorporated as to damages, &c.
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64 All things required to be done by two justices may, in certain cases, be done by one.
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Access to special Act
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.
67 Penalty on company failing to keep or deposit such copies.
68 Company not exempt from provisions of any future general Act.
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULES to which the foregoing Act refers

Cemeteries Clauses Act 1847

1847 c.65

An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Cemeteries.

Annotations:
Commencement Information
I1

Act wholly in force at Royal Assent

Modifications etc. (not altering text)
C1

Act excluded as to local authorities by Local Government Act 1972 (c. 70), Sch. 26 para. 14(a)

C2

Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)

C3

References to clerk of the peace of the county to be construed (E.W.) as references to proper officer of the county council: Courts Act 1971 (c. 23, SIF 37), s. 56, Sch. 8 para. 1 and Local Government Act 1972 (c. 70, SIF 81:1), s. 251, Sch. 29 Pt. I para. 4(1)(b) and for any reference to the clerk of the peace of, or for, a county there is substituted (N.I.) a reference to the chief clerk for a county court division and for any reference to a clerk of the peace there is substituted (N.I.) a reference to a chief clerk, by S.R. (N.I.) 19/9/103, art. 3