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Cemeteries Clauses Act 1847

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. II.Interpretations in this Act.

  3. III.Interpretations in this and the special Act.

  4. Citing the Act

    1. Short Title of this Act.

      1. IV.In citing this Act in other Acts of Parliament, and...

    2. Form in which Portions of this Act may be incorporated in other Acts.

      1. V.For the Purpose of incorporating Part only of this Act...

  5. Making of Cemetery

    1. Construction of Cemetery to be subject to the Provisions of this and the Lands Clauses Consolidation Act, 1845.

      1. VI.Where by the special Act the Company shall be empowered,...

    2. Errors and Omissions in Act or Schedule to be corrected by Justices, who shall certify the same.

      1. VII.If any Omission, Mis-statement, or wrong Description shall have been...

    3. Copies of Plans, &c. to be Evidence.

      1. VIII.Copies of any Alteration or Correction of the special Act,...

    4. Company not to dispose of any Land consecrated or used for Burials.

      1. IX.The Company shall not sell or dispose of any Land...

    5. Cemetery not to be within a certain Distance of Houses.

      1. X.No Part of the Cemetery shall he constructed nearer to...

    6. Company may build Chapels, &c.

      1. XI.The Company upon any Land which by the special Act...

    7. Company may make or widen Roads to Cemetery.

      1. XII.The Company upon any Land purchased by them under this...

    8. No Road to be widened without Consent.

      1. XIII.Provided always, That the Company shall not widen or improve...

    9. Owners, &c. may enter into Agreements for improving , Roads for that Purpose.

      1. XIV.The Company and the Owners or Persons having the Management...

    10. Cemetery to be inclosed and Fenced.

      1. XV.Every Part of the Cemetery shall be inclosed by Walls...

    11. Cemetery, &c. to be kept in re-pair.

      1. XVI.The Company shall keep the Cemetery and the Buildings and...

    12. Company to make Compensation for Damages done.

      1. XVII.Provided always, That in the Exercise of the Powers by...

  6. Prevention of Nuisances

    1. Power to make Sewers, Drains, &c. in and about the Cemetery.

      1. XVIII.The Company shall make all necessary and proper Sewers and...

    2. Certain Provisions of Waterworks Clauses Act 1847, incorporated with this Act.

      1. XIX.When any Street or Road or Sewer shall be opened,...

    3. Penalty for allowing Water to be fouled.

      1. XX.If the Company at any Time cause or suffer to...

    4. Penalty to be sued for within Six Months.

      1. XXI.The said Penalty, with full Costs of Suit, may be...

    5. In addition to Penalty of 50l., a daily Penalty during the Continuance of the Offence.

      1. XXII.In addition to the said Penalty of Fifty Pounds (arid...

  7. Burials

    1. A Part of Cemetery to be set apart and consecrated for Burial of Members of Established Church.

      1. XXIII.The Bishop of the Diocese in which the Cemetery is...

    2. Consecrated Ground to be denned.

      1. XXIV.The Company shall define by suitable Marks crated and unconsecrated...

    3. A Chapel in connexion with the Established Church to be constructed.

      1. XXV.The Company shall build, within the consecrated Part of the...

    4. Bodies when interred not to be removed without lawful Authority.

      1. XXVI.No Body buried in the consecrated Part of the Cemetery...

    5. Chaplain to be appointed with Consent of the Bishop.

      1. XXVII.The Company shall from Time to Time, with the Approval...

    6. Chaplain to perform Burial Service when required.

      1. XXVIII.The Chaplain shall, when required, unless prevented by Sickness or...

    7. Other Clergymen of the Established Church may be allowed to officiate.

      1. XXIX.Any Clerk in Holy Orders of the Established Church, not...

    8. Company to pay the Chaplain a Stipend approved by the Bishop.

      1. XXX.The Company, out of the Monies to be received by...

    9. Stipend to be recovered by Action at Law.

      1. XXXI.If the Stipend of the said Chaplain, or any Part...

    10. Burials in the consecrated Portion to be registered by the Chaplain.

      1. XXXII.All Burials in the consecrated Part of the Cemetery shall...

    11. Registers to be subject to the Regulations of 6 & 7 W.4 c.86 as to Searches, &c.

      1. XXXIII.The said Register Books, sp far as respects Searches, to...

    12. Clerk appointed for the consecrated Part of the Cemetery.

      1. XXXIV.The Company may, with the Consent of the Chaplain for...

    13. As to Burial of Persons not Members of the Church of England.

      1. XXXV.The Company may set apart the whole or a Portion...

    14. Company may allow any Burial Service to be performed in Dissenting Chapels.

      1. XXXVI.The Company may allow, in any Chapel built within the...

    15. Power to appoint Graven diggers, &c.

      1. XXXVII.The Company may appoint Gravediggers and other Servants necessary for...

    16. Regulations for ensuring Decency and Solemnity.

      1. XXXVIII.The Company shall make Regulations for ensuring that all Burials...

    17. No Burials under or close to Chapels.

      1. XXXIX.No Body shall be buried in any Vault under any...

  8. Exclusive Rights of Burial

    1. Parts of the Cemetery may be set apart for exclusive Burial.

      1. XL.The Company may set apart such Parts of the Cemetery...

    2. Plan and Book of Reference to be kept, and be open to Inspection.

      1. XLI.The Company shall cause a Plan of the Cemetery to...

    3. Form of Grant of Burial in Vault, &c. to be according to Schedule.

      1. XLII.The Grant of the exclusive Right of Burial in any...

    4. Register of Grants to be kept.

      1. XLIII.A Register of all such Grants shall be kept by...

    5. Rights of' Burial, &c. to be assign able, or may be bequeathed by Will.

      1. XLIV.The exclusive Right of Burial & any such Place of...

    6. Form of Assignment.

      1. XLV.Every such Assignment made in the Lifetime of the Assignor...

    7. Assignments to be registered.

      1. XLVI.Every such Assignment shall, within Six Months after the Execution...

    8. Probates of Wills to be registered.

      1. XLVII.An Entry or Memorial of the Probate of every Will...

    9. Vaults to be kept exclusively for Purchasers of exclusive Right.

      1. XLVIII.No Body shall be buried in any Place wherein the...

    10. No such Grant to give the Right of Burial in consecrated Ground to certain Persons.

      1. XLIX.No such Grant as aforesaid shall give the Right to...

    11. Power to remove Monuments improperly erected.

      1. L.The Company may take down and remove any Gravestone, Monument,...

    12. Bishop to have Power to object to monumental Inscriptions in consecrated Part of Cemetery.

      1. LI.The Bishop of the Diocese in which the Cemetery is...

  9. Payments to Incumbents of Parishes

    1. Payments to Incumbents of Parishes from which Bodies are brought.

      1. LII.The Company shall, on the Burial of every Body within...

    2. Company shall keep Account of Interments.

      1. LIII.For ascertaining the Amount of the Payments, if any, to...

    3. Account of Payments due to Incumbents of Parishes to be rendered half-yearly.

      1. LIV.The Company shall on the Twenty-fifth Day of March and...

    4. Fees to be paid to Incumbents of Parishes half-yearly.

      1. LV.The Sums payable by virtue of the special Act shall...

    5. Payment to be made to the Incumbent for the Time being, who is to account with his Predecessor.

      1. LVI.If any Incumbent of any Parish or District in respect...

    6. Company to pay Parish Clerks the Compensation mentioned.

      1. LVII.The Company shall, on the Burial of every Body within...

  10. Protection of Cemetery

    1. Penalty for damaging the Cemetery.

      1. LVIII.Every Person who shall wilfully destroy or injure any Building,...

    2. Penalty on Persons committing Nuisances in the Cemetery.

      1. LIX.Every Person who shall play at any Game or Sport,...

    3. Annual Account to be made up, and a Copy transmitted to the Clerk of the Peace, &c, and be open to Inspection.

      1. LX.And with respect to the Accounts to be kept by...

    4. Tender of Amends.

      1. LXI.And with respect to the Tender of Amends, be it...

  11. Recovery of Damages and Penalties

    1. 8 & 9 Vict. c.20 incorporated as to Damages, &c.

      1. LXII.The Clauses of the Railways Clauses Consolidation Act, 1845, with...

    2. In Ireland, Part of Penalty to be paid to Guardians of Unions.

      1. LXIII.Provided always, That in Ireland, in the Case of any...

    3. All Things required to-be done by Two Justices may, in certain Cases, be done by One.

      1. LXIV.All Things herein or in the special Act, or any...

    4. Persons giving false Evidence liable to Penalties of Perjury.

      1. LXV.Every Person who upon any Examination upon Oath, under the...

  12. Access to special Act

    1. Copies of special Act to be kept by Company at their Office, and deposited with the Clerk of the Peace, and be open to lnspection.

      1. LXVI.The Company shall, at all Times after the Expiration of...

    2. Penalty on Company failing to keep or deposit such Copies.

      1. LXVII.If the Company fail to keep or deposit any of...

    3. Company not exempt from Provisions of any future general Act.

      1. LXVIII.And be it enacted, That nothing herein contained shall be...

    4. Act may be amended, &c.

      1. LXIX.And be it enacted, That this Act may be amended...

    1. Schedules to which the foregoing Act refers.

      1. Form of Grant of Right of Burial

      2. Form of Assignment of Right of Burial

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