Burial Act 1852

I 13 & 14 Vict. c.52 repealed, and Her Majesty may continue additional Member of Board therein authorized.

The said Act shall be repealed: Provided always, that it shall be lawful for Her Majesty to continue during the Continuance of the General Board of Health the Appointment of the additional Member of such Board authorized by the said Act, and the Salary of such Member, fixed as in the said Act mentioned, shall be paid as by Section Seven of the Public Health Act, 1848, is directed concerning the Salaries therein mentioned.

II On Representation of Secretary of State, Her Majesty in Council may order Discontinuance of Burials in any Part of the Metropolis.

In case it appear to Her Majesty in Council, upon the Representation of One of Her Majesty's Principal Secretaries of State, that for the Protection of the Public Health Burials in any Part or Parts of the Metropolis, or in any Burial Grounds or Places of Burial in the Metropolis, should be wholly discontinued, or should be discontinued subject to any Exception or Qualification, it shall be lawful for Her Majesty, by and with the Advice of Her Privy Council, to order that after a Time mentioned in the Order Burials in such Part or Parts of the Metropolis or in such Burial Grounds or Places of Burial shall be discontinued wholly, or subject to any Exceptions or Qualifications mentioned in such Order, and so from Time to Time as Circumstances may require; provided that Notice of such Representation, and of the Time when it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be published in the London Gazette, and shall be affixed on the Doors of the Churches or Chapels of the Parishes in which any Burial Grounds or Places of Burial affected by such Representation shall be situate, or on some other conspicuous Places within the Part or Parts of the Metropolis affected by such Representation, One Calendar Month, or where any Order made under " The Nuisances Removal and Diseases Prevention Act, 1848," directing the Provisions of that Act for the Prevention of epidemic, endemic, and contagious Diseases to be put in force, is in force within such Part or Parts, then Seven Days at the least before such Representation is so considered: Provided always, that no such Representation shall be made in relation to the Burial Ground of any Parish until Ten Days previous Notice of the Intention to make such Representation shall have been given to the Incumbent and the Vestry Clerk of such Parish.

III Order not to extend to Burial Grounds of Quakers or Jews, unless expressly included.

No such Order in Council as aforesaid shall be deemed to extend to any Burial Ground of the People called Quakers, or of the Persons of the Jewish Persuasion, used solely for the Burial of the Bodies of such People and Persons respectively, unless the same be expressly mentioned in such Order; and nothing in this Act shall prevent the Burial in any such Burial Ground in which for the Time being Interment is not required to be discontinued of the Bodies of such People and Persons respectively; and no such Order in Council as aforesaid shall be deemed to extend to any non-parochial Burial Ground being the Property of any private Person, unless the same be expressly mentioned in such Order.

IV Burial not to take place after Order in Council for Discontinuance.

It shall not be lawful, after the Time mentioned in any such Order in Council for the Discontinuance of Burials, to bury the Dead in any Church, Chapel, Churchyard, or Burial Place, or elsewhere, within the Part or Parts of the Metropolis or in the Burial Grounds or Places of Burial (as the Case may be) in which Burials have by any such Order been ordered to be discontinued, except as in this Act or in such Order excepted; and every Person who shall, after such Time as aforesaid, bury any Body, or in anywise act or assist in the Burial of any Body, contrary to this Enactment, shall be guilty of a Misdemeanor.

V Restriction as to Place of Burial of Inhabitants of Parishes the Burial Grounds whereof are closed.

After the Time from which Burials in any Place of Burial of any Parish are required under this Act to be discontinued, the Body of any Parishioner or Inhabitant of such Parish shall not be buried in any Burial Ground within the Metropolis belonging to any other Parish within the Metropolis, save where the Body of any of the Family or Relatives of such Parishioner or Inhabitant has been interred in such Burial Ground, and the Relatives or other Persons having the Care and Direction of the Funeral signify a Desire that on that Account the Body of such Parishioner or Inhabitant should be there interred (such Burial Ground not being a Burial Ground in which Burials have been ordered to be discontinued under this Act), and save as herein otherwise provided; and every Person having the Care or Control of any Burial Ground who knowingly authorizes or permits any Burial therein contrary to this Enactment shall be guilty of a Misdemeanor.

VI Saving of certain Rights to bury in Vaults, &c.

Provided always, that notwithstanding any such Order in Council, where by virtue of any Faculty legally granted, or by Usage or otherwise, there is at the Time of the passing of this Act any Right of Interment in or under any Church or Chapel affected by such Order, or in any Vault of any such Church or Chapel, or of any Churchyard or Burial Ground affected by such Order, and where any exclusive Right of Interment in any such Burial Ground has been purchased or acquired before the passing of this Act, it shall be lawful for One of Her Majesty's Principal Secretaries of State from Time to Time, on Application being made to him, and on being satisfied that the Exercise of such Right will not be injurious to Health, to grant Licence for the Exercise of such Right during such Time and subject to such Conditions and Restrictions as such Secretary of State may think fit, but such Licence shall not prejudice or in anywise affect the Authority of the Ordinary, or of any other Person who, if this Act had not been passed, might have prohibited or controlled Interment under such Right, nor dispense with any Consent which would have been required, nor otherwise give to such Right any greater Force or Effect than the same would have had if this Act had not been passed.

VII Saving as to Cemeteries in Schedule(B.) and new Burial Grounds hereafter approved of by Secretary of State.

The Provisions of this Act shall not extend to authorize the Discontinuance of Burials, or to prevent the Burial of the Body of any Person in any of the Cemeteries mentioned in the Schedule (B.) to this Act, or in any Burial Ground or Cemetery to be hereafter provided with the Approval of One of Her Majesty's Principal Secretaries of State, as herein mentioned.

VIII Saving as to St. Paul's Cathedral and Westminster Abbey.

Nothing in this Act contained shall extend to prevent the Interment in the Cathedral Church of Saint Paul's London, or in the Collegiate Church of Saint Peters Westminster, of the Body of any Person, where Her Majesty, by any Writing under Her Royal Sign Manual, shall signify Her Pleasure that the Body be so interred.

IX New Burial Grounds in the Metropolis to be approved by Secretary of State.

No new Burial Ground or Cemetery (parochial or non-parochial) shall be provided and used in the Metropolis, or within Two Miles of any Part thereof, without the previous Approval of One of Her Majesty's Principal Secretaries of State.

X Churchwardens, after Order, or at any Time, upon Requisition of Ten Ratepayers, to convene Vestry Meeting, to determine whether a Burial Ground shall be provided.

Upon the Requisition in Writing of Ten or more Ratepayers of any Parish in the Metropolis in which the Place or Places of Burial shall appear to such Ratepayers insufficient or dangerous to Health (and whether any Order in Council in relation to any Burial Ground in such Parish has or has not been made), the Churchwardens or other Persons to whom it belongs to convene Meetings of the Vestry of such Parish shall convene a Meeting of the Vestry, for the special Purpose of determining whether a Burial Ground shall be provided under this Act for the Parish; and public Notice of such Vestry Meeting, and the Place and Hour of holding the same, and the special Purpose thereof, shall be given in the usual Manner in which Notices of the Meetings of the Vestry are given, at least Seven Days before holding such Vestry Meeting; and if it be resolved by the Vestry that a Burial Ground shall be provided under this Act for the Parish, a Copy of such Resolution, extracted from the Minutes of the Vestry, and signed by the Chairman, shall be sent to One of Her Majesty's Principal Secretaries of State.

XI In case Vestry agree to provide a Burial Ground, Board to be appointed. Resignation of Members.

In case of such Resolution as aforesaid the Vestry shall appoint not less than Three nor more than Nine Persons, being Ratepayers of the Parish, to be the Burial Board of such Parish, of whom One Third, or as nearly as may be One Third (to be determined among themselves), shall go out of Office yearly, at such Time as shall be from Time to Time fixed by the Vestry, but shall be eligible for immediate Re-appointment: Provided always, that the Incumbent of the Parish shall be eligible to be appointed and re-appointed from Time to Time as One of the Members of the said Board, although not a Ratepayer of the Parish; provided also, that any Member of the Board may at any Time resign his Office, on giving Notice in Writing to the Churchwardens or Persons to whom it belongs to convene Meetings of the Vestry.

XII Vacancies to be filled up by Vestry.

Any Vacancies in the Board may be filled up by the Vestry when and as the Vestry shall think fit.

XIII Meetings of the Board.

The Board shall meet at least once in every Month at their Office, or some other convenient Place previously publicly notified, and the said Board may meet at such other Time as at any previous Meeting shall be determined upon; and it shall be at all Times competent for any Two Members of the Board, by Writing under their Hands, to summon, with at least Forty-eight Hours Notice, the Board for any special Purpose mentioned in such Writing, and to meet at such Time as shall be appointed therein.

XIV Quorum of Meetings of the Board.

At all Meetings of the Board any Number not less than Three Members of such Board shall be a sufficient Number for transacting Business, and for exercising all the Powers of the Board.

XV Board may appoint and remove Officers, &c.

The Board shall appoint, and may remove at Pleasure, a Clerk and such other Officers and Servants as shall be necessary for the Business of the Board and for the Purposes of their Burial Ground, and, with the Approval of the Vestry, may appoint reasonable Salaries, Wages, and Allowances for such Clerk, Officers, and Servants, and, when necessary, may hire and rent a sufficient Office for holding their Meetings and transacting their Business.

XVI Minutes of Proceedings of Board to be entered in a Book. Board to keep Accounts, which shall be open to Inspection.

Entries of all Proceedings of the Board, with the Names of the Members who attend each Meeting, shall be made in Books to be provided and kept for that Purpose, under the Direction of the Board, and shall be signed by the Members present or any Two of them; and all Entries purporting to be so signed shall be received as Evidence, without Proof of any Meeting of the Board having been duly convened or held, or of the Presence at any such Meeting of the Persons named in any such Entry as being present thereat, or of such Persons being Members of the Board, or of the Signature of any Person by whom any such Entry purports to be signed, all which Matters shall be presumed until the contrary be proved; and the Board shall provide and keep Books in which shall be entered true and regular Accounts of all Sums of Money received and paid for or on account of the Purposes of this Act in the Parish, and of all Liabilities incurred by them for such Purposes, and of the several Purposes for which such Sums of Money are paid and such Liabilities incurred.

XVII Penalty for refusing to allow Inspection.

All such Books shall at all reasonable Times be open to the Examination of every Member of such Board, Churchwarden, Overseer, and Ratepayer, without Fee or Reward, and they respectively may take Copies of or Extracts from such Books, or any Part thereof, without paying for the same; and in' case the Members of such Board, or any of them, or any of the Officers or Servants of such Board having the Custody of the said Books, being thereunto reasonably requested, refuse to permit or do not permit any Churchwarden, Overseer, or Ratepayer to examine the same, or take any such Copies or Extracts, every such Member, Officer, or Servant so offending shall for every such Offence, upon a summary Conviction thereof before any Justice of the Peace, forfeit any Sum not exceeding Five Pounds.

XVIII Auditors to be appointed yearly, who shall examine the Accounts, and report to Vestries.

The Vestry shall yearly appoint Two Persons, not being Members of the Board, to be Auditors of the Accounts of the Board, and at such Time in the Month of March in every Year as the Vestry shall appoint the Board shall produce to the Auditors their Accounts, with sufficient Vouchers for all Monies received and paid, and the Auditors shall examine such Accounts and Vouchers, and report thereon to the Vestry.

XIX Expenses to be paid out of the Poor's Rate.

The Expenses incurred or to be incurred by the Burial Board of any Parish in carrying this Act into execution shall be chargeable upon and paid out of the Rates for the Relief of the Poor of such Parish; the Expenses to be so incurred for or on account of any Parish in providing and laying out a Burial Ground under this Act and building the necessary Chapel or Chapels thereon not to exceed such Sum as the Vestry shall authorize to be expended for such Purpose ; and the Overseers or other Officers authorized to make and levy Rates for the Relief of the Poor in any Parish shall, upon Receipt of a Certificate under the Hands of such Number of Members of the Burial Board as are authorized to exercise the Powers of the Board of the Sums required from Time to Time for defraying any such Expenses as aforesaid, pay such Sums out of the Rates for the Relief of the Poor as the Board shall direct.

XX Power to borrow Money, with Sanction of Vestry, and Approval of the Treasury.

Provided always, That it shall be lawful for the Board, with the Sanction of the Vestry and the Approval of the Commissioners of. Her Majesty's Treasury, to borrow any Money required for providing and laying out any Burial Ground under this Act, and building a Chapel or Chapels thereon, or any of such Purposes, and to charge the future Poor Rates of the Parish with the Payment of such Money and Interest thereon ; provided that there shall be paid in every Year, in addition to the Interest of the Money borrowed and unpaid, not less than One Twentieth of the Principal Sum borrowed, until the whole is discharged.

XXI The Public Works Loan Commissioners may advance Money for the Purposes of this Act.

The Commissioners for carrying into execution an Act of the Session holden in the Fourteenth and Fifteenth Years of Her Majesty, Chapter Twenty-three, " to authorize for a further Period " the Advance of Money out of the Consolidated Fund to a limited " Amount for carrying on Public Works and Fisheries and Employment of the Poor," and any Act or Acts amending or continuing the same, may from Time to Time make to the Burial Board of any Parish for the Purposes of this Act any Loan under the Provisions of the recited Act, or the several Acts therein recited or referred to, upon Security of the Rates for the Relief of the Poor of the Parish.

XXII Monies raised, and the Income arising from Burial Ground, to be applied towards defraying Expenses.

The Money raised for defraying such Expenses, and the Income arising from the Burial Ground provided for the Parish, except Fees payable to the Incumbent, Clerk, and Sexton of the Parish, and the other Fees herein directed to be otherwise paid, shall be applied by the Board in or towards defraying the Expenses of such Board under this Act; and whenever, after Repayment of all Monies borrowed for the Purposes of this Act in or for any Parish and the Interest thereof, and after satisfying all the Liabilities of the Board with reference to the Execution of this Act in or for the Parish, and providing such a Balance as shall be deemed by the Board sufficient to meet their probable Liabilities during the then next Year, there shall be at the Time of holding the Meeting of the Vestry at which the yearly Report of the Auditors shall be produced any surplus Money at the Disposal of the Board, they shall pay the same to the Overseers, in aid of the Rate for the Relief of the Poor of the Parish.

XXIII Vestries of Parishes may concur in providing a Burial Ground for the common Use of such Parishes.

The Vestries of any Parishes which shall have respectively resolved to provide Burial Grounds under this Act may concur in providing One Burial Ground for the common Use of such Parishes, in such Manner, not inconsistent with the Provisions of this Act, as they shall mutually agree, and may agree as to the Proportions in which the Expenses of such Burial Ground shall be borne by such Parishes, and the Proportion for each of such Parishes of such Expenses shall be chargeable upon and paid out of the Monies to be raised for the Relief of the Poor of the same respective Parish accordingly; and, according and subject to the Terms which shall have been so agreed on, the Burial Boards appointed for such Parishes respectively shall, for the Purpose of providing and managing such One Burial Ground, and taking and holding Land for the same, act as One joint Burial Board for all such Parishes, and may have a joint Office, Clerk, and Officers, and all the Provisions of this Act shall apply to such joint Burial Board accordingly; and the Accounts and Vouchers of such Board shall be examined and reported on by the Auditors of each of such Parishes; and the surplus Money at the Disposal as aforesaid of such Board shall be paid to the Overseers of such Parishes respectively in the same Proportions as those in which such Parishes shall be liable to such Expenses.

XXIV Incorporation of Burial Boards.

For the more easy Execution of the Purposes of this Act the Burial Board of every Parish appointed under this Act shall be a Body Corporate, by the Name of " " and by that Name shall have perpetual Succession and a Common Seal, and shall sue and be sued, and have Power and Authority (without any Licence in Mortmain) to take, purchase, and hold Land for the Purposes of this Act; and where the Burial Boards of Two or more Parishes act as and form One joint Burial Board for all such Parishes for the Purposes aforesaid, such joint Board shall for such Purposes only be a Body Corporate by the Name of " " and by that Name shall have perpetual Succession and a Common Seal, and shall sue and be sued and have Power and Authority as aforesaid to take, purchase, and hold Land for the Purposes of this Act.

XXV Board to provide a Burial Ground, which may be within or without the Parish.

Every Burial Board shall, with all convenient Speed, proceed to provide a Burial Ground for the Parish or Parishes for which they are appointed to act, and to make Arrangements for facilitating Interments therein; and in providing such Burial Ground the Board shall have reference to the Convenience of Access thereto from the Parish or Parishes for which the same is provided; and any such Burial Ground may be provided either within or without the Limits of the Parish, or all or any of the Parishes, for which the same is provided; but no Ground not already used as or appropriated for a Cemetery shall be appropriated as a Burial Ground, or as an Addition to a Burial Ground, under this 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.

XXVI Board may, with Approval of Vestry, purchase Land of Cemeteries.

For the providing such Burial Ground it shall be lawful for the Burial Board, with the Approval of the Vestry or Vestries of the Parish or respective Parishes, to contract for and purchase any Lands for the Purpose of forming a Burial Ground, or for making Additions to any Burial Ground to be formed or purchased under this Act, as such Board may think fit, or to purchase from any Company or Persons entitled thereto any Cemetery or Cemeteries, or Part or Parts thereof, subject to the Rights in Vaults and Graves, and other subsisting Rights, which may have been previously granted therein: Provided always, that it shall be lawful for such Board, in lieu of providing any such Burial Ground, to contract with any such Company or Persons entitled as aforesaid for the Interment in such Cemetery or Cemeteries, and either in any allotted Part of such Cemetery or Cemeteries or otherwise, arid upon such Terms as the Burial Board may think fit, of the Bodies of Persons who would have had Rights of Interment in the Burial Grounds of such Parish or respective Parishes.

XXVII Certain Provisions of 8 & 9 Vict. c.18 incorporated with this Act.

" The Lands Clauses Consolidation Act, 1845," except the Provisions of that Act " with respect to the Purchase and taking " of Lands otherwise than by Agreement," " with respect to the " Recovery of Forfeitures, Penalties, and Costs," " with respect to " Lands acquired by the Promoters of the Undertaking under the " Provisions of the ' Lands Clauses Consolidation Act, 1845,' or the " Special Act, or any Act incorporated therewith, but which shall not " be required for the Purposes thereof," and " with respect to the " Provision to be made for affording Access to the Special Act by all " Parties interested," shall be incorporated with this Act; and for the Purposes of this Act the Expression " the Promoters of the Undertaking," wherever used in the said Lands Clauses Consolidation Act, shall mean any such Burial Board.

XXVIII Power to sell Lands not wanted.

It shall be lawful for any such Board, with the Approval of the Vestry, to sell and dispose of any Lands purchased by them tinder this Act, or any Part thereof, in which no Interment shall have taken place, and which it may appear to the Board may be properly sold or disposed of; and for completing and carrying any such Sale into effect such Board may make and execute a Conveyance of the Lands sold and disposed of as aforesaid unto the Purchaser, or as he shall direct; and such Conveyance shall be under the Hands of at least Two of the Members of the Board, and under the Seal of the Board; and the Word "grant" in such Conveyance shall have the same Operation as by the said Lands Clauses Consolidation Act, 1845, is given to the same Word in a Conveyance of Lands made by the Promoters of the Undertaking; and a Receipt under the Hands of Two of the Members of the Board shall be a sufficient Discharge to the Purchaser of any such Lands for the Purchase Money in such Receipt expressed to be received ; and the Money to arise from such Sale shall be applied to such of the Purposes of this Act as the Board shall think fit.

XXIX Burial Board may, with Approval of Vestry, &c., appropriate Land belonging to Parish.

Provided always, That any Burial Board under this Act, with the Approval of the Vestry and of the Guardians of the Poor of the Parish (if any), and of the Poor Law Board, may from Time to Time appropriate for the Purposes of a Burial Ground for such Parish, either alone or jointly with any other Parish or Parishes, any Land vested in such Guardians, or in the Churchwardens, or in the Churchwardens and Overseers of the Parish, or in any Feoffees, Trustees, or others, for the general Benefit of the Parish, or for any specific Charity: Provided always, that where any Land so taken and appropriated shall be subject to any charitable Use, such Lands shall be taken on such Conditions only as the Court of Chancery in the Exercise of its Jurisdiction over Charitable Trusts shall appoint and direct.

XXX Board may lay out Burial Ground, and build a Chapel, for Performance of Burials according to Rites of Established Church. Ground may be set apart for building a Chapel, &c.

It shall be lawful for any Burial Board to lay out and embellish any Burial Ground provided by such Board in such Manner as may be fitting and proper, and to build on any Land to be purchased or appropriated for a Burial Ground under this Act, and according to a Plan to be approved of by the Bishop of the Diocese, a Chapel for the Performance of the Burial Service according to the Rites of the United Church of England and Ireland; and such Burial Ground may be consecrated by the Bishop of the Diocese, when the same shall appear to him to be in a fit and proper Condition, for the Purposes of Interment according to the Rites of the United Church: Provided always, that in providing any Burial Ground such Board shall set apart a Portion thereof which shall not be so consecrated as aforesaid, and may build thereon a suitable Chapel or Chapels for the Performance of Funeral Service.

XXXI Burial Board may contract for Works to be done. No Contract above 100l to be created into without Notice.

Any Burial Board may from Time to Time enter into any Contract with any Persons or Companies for building any Chapel or Chapels as aforesaid, and inclosing, laying out, and embellishing any Burial Ground, and for furnishing any Materials and Things, and for executing and doing any other Works and Things necessary for the Purposes of this Act; which Contracts respectively shall specify the several Works and Things to be executed, furnished, and done, and the Prices to be paid for the same, and the Times when the Works and Things are to be executed, furnished, and done, and the Penalties to be suffered in Cases of Nonperformance; and all such Contracts, or true Copies thereof, shall be entered in Books to be kept for that Purpose: Provided always, that no Contract above the Value or Sum of One hundred Pounds shall be entered into by such Burial Board, for the Purposes of this Act, unless previous to the making thereof Fourteen Days Notice shall be given in One or more of the public Newspapers published in the County or Counties in which the Parish or respective Parishes shall be situated, expressing the Intention of entering into such Contract, in order that any Person willing to undertake the same may make Proposals for that Purpose, to be offered to the Burial Board at a certain Time and Place in such Notice to be mentioned, but it shall not be incumbent on the Burial Board to contract with the Person offering the lowest Price.

XXXII Burial Ground to be the Burial Ground of the Parish or Parishes for which it is provided.

From and after the Consecration as aforesaid of any Burial Ground provided under this Act (except any Portion thereof intended not to be so consecrated), or where all or any Part of such Burial Ground, by reason of the same having been already consecrated, shall not require to be consecrated, then from and after such Time as the Bishop of the Diocese shall appoint, such Burial Ground shall be deemed the Burial Ground of the Parish for which the same is provided, and where the same is provided for Two or more Parishes such Burial Ground shall be in Law as if such Parishes were One Parish, and as if such Burial Ground were the Burial Ground of such One Parish; and every Incumbent or Minister of the Parish or of each of the Parishes (as the Case may be) for which such Burial Ground is provided shall, by himself and his Curate, or such duly qualified Persons as such Incumbent or Minister may authorize, perform the Duties and have the same Rights and Authorities for the Performance of religious Service in the Burial in such Burial Ground, or in the consecrated Portion thereof, of the Remains of Parishioners or Inhabitants of the Parish of which he is such Incumbent or Minister, and shall be entitled to receive the same Fees in respect of such Burials which he has previously enjoyed and received ; and the Clerk and Sexton of such Parish or of each of such Parishes shall (when necessary) perform and exercise the same Duties and Functions in respect of the Burial of the Remains of Parishioners or Inhabitants of the Parish of which he is Clerk or Sexton in such Burial Ground or the consecrated Portion thereof, and shall be entitled to receive the same Fees on such Burials, as he has previously performed and exercised and received, as if such Burial Ground were the Burial Ground of the respective Parish of such Incumbent or Minister, Clerk and Sexton respectively; and the Parishioners and Inhabitants of such Parish or of each of such Parishes shall have the same Rights of Sepulture in such Burial Ground as they respectively would have had in the Burial Ground or Burial Grounds in and for their respective Parish, subject nevertheless to the Provisions herein contained.

XXXIII Board may sell exclusive Eights of Burial Vaults, and Right to erect Monuments.

Any Burial Board, under such Restrictions and Conditions as they think proper, may sell the exclusive Right of Burial, either in perpetuity or for a limited Period, in any Part of any Burial Ground provided by such Board, and also the Right of constructing any Vault or Place of Burial with the exclusive Right of Burial therein in perpetuity or for a limited Period, and also the Right of erecting and placing any Monument, Gravestone, Tablet, or monumental Inscription in such Burial Ground, but there shall be payable to the Incumbent or Minister of the Parish out of the Fees or Payments to be paid in respect of any Rights acquired under this Enactment in the consecrated Part of such Burial Ground (in lieu of the Fees or Sums which he would have been entitled to on the Grant of the like Rights in the Burial Ground of his Parish) such Fees or Sums as shall be settled and fixed by the Vestry with the Approval of the Bishop of the Diocese, or if no such Fees or Sums shall have been so settled then such Fees as he would by Law or Custom have been entitled to on the Grant of the like Rights in the Burial Ground of his Parish.

XXXIV Board to fix Payments for Interments in Burial Ground and for exclusive Right of Burial Vaults and Right to erect Monuments.

Every Burial Board under this Act shall and may (without Prejudice to the Fees and Payments herein specially provided for) fix and settle and receive such Fees and Payments in respect of Interments in any Burial Ground provided by such Board as they shall think fit, and also the Sums to be paid for the exclusive Right of Burial, either in perpetuity or for a limited Period, in any Burial Ground provided by such Board, and also the Right of constructing any Vault or Place of Burial with the exclusive Right of Burial therein in perpetuity or for a limited Period, and also the Right of erecting and placing any Monument, Gravestone, Tablet, or monumental Inscription in such Burial Ground, and every Burial Board, with the Consent of the Vestry, may from Time to Time revise and alter such Fees, Payments, and Sums as aforesaid; and a Table showing such Fees, Payments, and Sums, and all other Fees and Payments in respect of Interments in such Ground, shall be printed and published, and shall be affixed and at all Times continued on some conspicuous Part of such Burial Ground.

XXXV Division of Fees between Incumbents of Parishes and Ecclesiastical Districts.

Where at the Time of the Discontinuance of Interment in any Burial Ground the Fees in respect of Burials, therein are divided between the Incumbent of the Parish and the Incumbent of any District Parish or other Ecclesiastical District, each Incumbent shall have the same Proportion of the Fees in the Burial Ground to be provided under this Act as he was entitled to in respect of Interments in the old Burial Ground.

XXXVI Fees payable to Churchwardens and others for Parochial Purposes.

Where Fees or any Portion of Fees payable on Interments, or for any Monument, Gravestone, Tablet, or monumental Inscription, in the Burial Ground of any Parish for which a Burial Ground is provided alone or jointly with any other Parish or Parishes under this Act, are by Law or Custom payable to the Churchwardens of any Parish, or to Trustees or other Persons, for or towards the Payment of any Annuity or Stipend to the Incumbent or Minister, or any other Parochial Purpose, or the Discharge of any Debt or Liability, such Fees or Portion of Fees shall be payable in the Burial Ground to be provided as aforesaid for such Parish under this Act, and shall be received by the Burial Board and paid to the Parties entitled to receive the same; and where Fees or Payments have been received on Interments, or for any Monument, Gravestone, Tablet, or monumental Inscription, in the Burial Ground of any such Parish by any such Churchwardens, or by Trustees or other Persons, for the Purpose of discharging any periodical Payment or other Liability, it shall be lawful for the Burial Board, upon the Request of such Churchwardens, Trustees, or Persons, to pay from Time to Time, out of the Fees and Monies received by them on account of such Parish, such Amount as may be necessary for discharging such periodical Payment or Liability.

XXXVII Power to Vestry, with Consent of Bishop, to revise the Fees to Incumbent, &c., or to substitute a fixed Payment.

It shall be lawful for the Vestry of any Parish from Time to Time, if they think fit, with the Consent of the Bishop of the Diocese, to revise and vary the Fees payable to the Incumbent, Clerk, and Sexton, and other Persons and Bodies respectively, under the Provisions of this Act, or, with such Consent as aforesaid, to substitute for the Fees payable to such Incumbent, Clerk, and Sexton, and other Persons and Bodies respectively, a fixed annual Sum of such Amount as to such Vestry may seem just, to be payable by such periodical Payments as such Vestry may appoint, and in such last-mentioned Case the Fees which would otherwise be payable under this Act to the Incumbent, Clerk, and Sexton, and such other Persons and Bodies respectively, shall be paid to the Burial Board, and such fixed Payments as aforesaid shall be paid by such Board.

XXXVIII Management to be vested in Burial Boards.

The general Management, Regulation, and Control of the Burial Grounds provided under this Act shall, subject to the Provisions of this Act and the Regulations to be made thereunder, be vested in and exercised by the respective Burial Boards providing the same; provided that any Question which shall arise touching the Fitness of any monumental Inscription placed in any Part of the consecrated Portions of such Grounds shall be determined by the Bishop of the Diocese.

XXXIX Arrangements between the Incumbents of Parishes.

Where a Burial Ground is provided under this Act for the common Use of Two or more Parishes, in case any Question arise among the Incumbents of such Parishes as to the Performance of the Burial Service by a Chaplain to be paid by means of Contributions from such Incumbents, or Deductions from Fees or Sums payable to them, or otherwise touching the Performance of Service in the consecrated Part of such Ground, the Bishop of the Diocese shall from Time to Time confirm any Arrangement which a Majority, or, in cage of equal Numbers, One Half of the Incumbents shall approve, and such Arrangement so confirmed shall be binding upon all the Parties concerned.

XL Certain Provisions of 10 & 11 Vict. c.65 incorporated with this Act.

The Provision of " The Cemeteries Clauses Act, 1847," with respect to the Protection of the Cemetery, shall be incorporated with this Act, and be applicable to any Burial Ground provided under this Act.

XLI Boards may make Arrangements for facilitating the Conveyance of Bodies to Burial Grounds.

Any Burial Board may make such Arrangements as they may from Time to Time think fit for facilitating the Conveyance of the Bodies of the Dead from the Parish or the Place of Death to the Burial Ground which shall be provided under this Act, or to any other Place of Burial, subject to the Provisions of this Act and the Regulations to be made thereunder, and it shall be lawful for any of the aforesaid Cemetery Companies to undertake any such Arrangement, and to carry the same into effect, subject to the Provisions and Regulations as aforesaid.

XLII Places maybe provided for Reception of Bodies until Interment.

It shall be lawful for any Burial Board, with the Approval of the Vestry, and subject to the Provisions of this Act, and the Regulations to be made thereunder, and for the Churchwardens and Overseers of the Poor of any Parish in the Metropolis for which a Burial Board shall not have been appointed under this Act, by the Direction of the Vestry, and subject as aforesaid, to hire, take on Lease, or otherwise to provide fit and proper Places in which Bodies may be received and taken care of previously to Interment, and to make Arrangements for the Reception and Care of the Bodies to be deposited therein, and for providing such Places such Burial Boards may exercise the Powers vested in them under this Act for providing Burial Grounds ; and such Churchwardens and Overseers may exercise all such Powers as, under the Act of the Fifty-ninth Year of King George the Third, Chapter Twelve, or otherwise, the Churchwardens and Overseers of any Parish not having a Workhouse might exercise for providing a Workhouse for such Parish.

XLIII The Commissioners of Sewers of the City of London to be a Burial Board for the Parishes in the City and its Liberties.

The Provisions herein-before contained for the Appointment of Burial Boards shall not apply to any Parish within the Limits of the City of London and the Liberties thereof; but it shall be lawful for the Mayor, Aldermen, and Commons of the said City, in Common Council assembled, if and when they see fit so to do, to authorize and direct the Commissioners of Sewers of the City of London to exercise for the said City and Liberties all the Powers and Authorities vested in Burial Boards under this Act; and thereupon such Commissioners shall have and exercise for and on behalf of the said City and Liberties all such Powers and Authorities as are hereby vested in the Burial Board for any Parish, or which might be exercised by such Board with the Approval of the Vestry; but the Expenses to be incurred by such Commissioners in providing and laying out any Burial Ground or Burial Grounds under this Act, and building the necessary Chapel or Chapels therein, shall not exceed such Sum as the said Mayor, Aldermen, and Commons in Common Council assembled shall authorize to be expended for this Purpose; and the Money required for defraying the Expenses incurred under this Act by the said Commissioners shall be charged upon and payable out of the consolidated Rate authorized to be made by "The City of London Sewers Act, 1848," or any Monies applicable for defraying the Expenses by the said Act charged upon or payable out of such Rate; and the Income of any Burial Ground provided under this Act by such Commissioners, which if such Ground had been provided by a Burial Board for any Parish would be applicable in aid of the Rate for the Relief of the Poor of such Parish, shall be applicable in aid of the said consolidated Rate; and the Provisions contained in " The City of London Sewers Act, 1848," for the Purpose (as therein expressed) of enabling the said Commissioners to effect the Purchases therein authorized shall be applicable for the Purpose of enabling the said Commissioners to purchase Land for the Purposes of this Act; and the Powers for and auxiliary to the Sale and Disposal of Land given or expressed to be given by " The City of London Sewers Act, 1848," and " The City of London Sewers Act, 1851," with respect to Land purchased by the said Commissioners for any of the Purposes mentioned in such last-mentioned Act, and deemed by them unnecessary for such Purposes, shall be applicable with respect to any Land purchased by the said Commissioners for the Purposes of this Act which may not appear to them to be wanted for such Purposes; and all the Provisions of the said City of London Sewers Acts applicable to the Exercise of the Powers vested in the said Commissioners shall be applicable to and for the Purposes of this Act, as if the Powers which under this Act may become vested in such Commissioners had been Powers vested in them under the said " City of London Sewers Act, 1848;" provided that it shall be lawful for the said Mayor, Aldermen, and Commons to appoint any Incumbent or Incumbents of any Parish or Parishes within the said City or Liberties to act with the said Commissioners for the Purposes of this Act.

XLIV Secretary of State may make Regulations as to Burial Grounds, &c.

It shall be lawful for One of Her Majesty's Principal Secretaries of State from Time to Time to make such Regulations in relation to the Burial Grounds and Places for the Reception of Bodies previously to Interment which may be provided under this Act as to him may seem proper, for the Protection of the public Health and the Maintenance of public Decency, and the Burial Boards and all other Persons having the Care of such Burial Grounds and Places for the Reception of Bodies shall conform to and obey such Regulations.

XLV Brampton Cemetery vested in Commissioners of Works.

And whereas the General Board of Health have, under the Powers of the said Metropolitan Interments Act, 1850, taken proceedings for the Purchase of the Cemetery of the West of London and Westminster Cemetery Company, (commonly called the Brompton Cemetery,) and the Amount of the Purchase Money has been ascertained by Arbitration, but such Purchase may not have been completed at the Time of the passing of this Act:

In case at the Time of the passing of this Act the said Cemetery has not been conveyed to the General Board of Health, the Rights and Obligations of the General Board of Health with reference to the Purchase of the said Cemetery shall upon the passing of this Act become transferred to the Commissioners of Her Majesty's Works and Public Buildings ; and in case the said Cemetery shall be conveyed to them by virtue of the Transfer hereby made of such Rights and Liabilities, then immediately upon such Cemetery being so conveyed, or in case at the Time of the passing of this Act the said Cemetery has been conveyed to the General Board of Health, then from and after the passing of this Act, the said Cemetery shall, without any further Conveyance, become vested in the said Commissioners of Her Majesty's Works and Public Buildings, and their Successors, in the like Corporate Capacity in which any Lands, Tenements, or Hereditaments are vested in them under the Act of this last Session of Parliament, Chapter Forty-two, but subject to the Rights to Graves, Vaults, and Monuments subject to which such Cemetery may have been conveyed to such Commissioners or to the General Board of Health, as the Case may be, and subject to the Powers and for the Purposes herein-after mentioned.

XLVI Money authorized to be advanced under 14 & 15 Vict. c.89 may be applied in completing the Purchase of the Brompton Cemetery.

And whereas by an Act of the last Session of Parliament, Chapter Eighty-nine, the Commissioners of Her Majesty's Treasury are authorized to cause to be issued and advanced to the General Board of Health, out of the Produce of the Consolidated Fund of the United Kingdom, a Sum or Sums not exceeding in the whole One hundred and thirty-seven thousand Pounds, to be applied to the Purposes to which Money borrowed by the said Metropolitan Interments Act, 1850, is by the said Act made applicable:

It shall be lawful for the Commissioners of Her Majesty's Treasury to cause to be advanced or issued to and applied by the Commissioners of Her Majesty's "Works and Public Buildings, out of the said Consolidated Fund, such Part of the said Sum of One hundred and thirty-seven thousand Pounds as the said Commissioners of Her Majesty's Treasury may think fit for the Completion of the Purchase of the said Brompton Cemetery, in case such Purchase shall not have been completed at the Time of the passing of this Act, and for the Care and Management of the said Cemetery ; and the said Commissioners of the Treasury may also cause to be issued and advanced and applied such Part of the said Sum of One hundred and thirty-seven thousand Pounds as the said Commissioners of the Treasury shall think fit in discharge of any Liabilities of the said General Board of Health incurred under the Powers of the said Metropolitan Interments Act, 1850, without requiring in the Cases aforesaid any Mortgage to be made for such Advances.

XLVII Provision for winding up the West of London and Westminster Cemetery Company.

After Payment to the said West of London and Westminster Cemetery Company, either by the General Board of Health or by the Commissioners of Her Majesty's Works and Public Buildings, of the Purchase or Consideration Money for the said Brompton Cemetery, the said West of London and Westminster Cemetery Company shall continue only for the Purpose of winding up the Affairs and realizing and distributing the Assets thereof, and satisfying any Debts or Engagements to or by the said Company, and for the Enforcement by Law or in Equity of such Debts or Engagements respectively, and the said Company, as soon as conveniently may be after the Payment of such Purchase or Consideration Money, shall convert into Money, by Sale or otherwise, the Effects of the said Company, and get in the Debts and Assets thereof, and distribute and apportion the Monies thence arising, together with such Purchase or Consideration Money, after satisfying all the Debts, Engagements, and Liabilities of the said Company, to and among the several Proprietors thereof, according to their respective Shares and Interests therein; and from and immediately after such Distribution and Apportionment the said Company shall be dissolved, and the Receipt of every Person who for the Time being would have been entitled to give an effectual Discharge for any Dividends which might have become payable in respect of any Share in the said Cemetery, or in the Capital Stock of the said Company, in case the said Metropolitan Interments Act and this Act had not been passed, for the Proportion of the Monies which under this Provision shall become payable in respect of such Share, shall be an effectual Discharge to the said Company and the Directors thereof for the same.

XLVIII Brompton Cemetery may be sold by Direction of the Treasury, and in the meantime used for Interments.

The said Commissioners of Works and Public Buildings shall and may, in case the said Brompton Cemetery be vested in them by or under this Act, sell and dispose of the same or any Part thereof, subject to the Rights affecting the same, as the Commissioners of Her Majesty's Treasury may direct; and in the meantime, until such Sale, the Secretary of State may and shall permit the same to be used for the Purposes of Interment, upon such Terms and Conditions as he shall think fit; and the Residue of the Monies arising from the Sale and Disposal of the said Cemetery, or any Part thereof, and in respect of the Interments therein, after defraying the Expenses incident to such Sale and to the Care and Management of the Cemetery, until the whole thereof shall be sold and disposed of, shall be paid to the Metropolitan Interments Repayments Account mentioned in the said Act of the last Session of Parliament, to be carried to the said Consolidated Fund.

XLIX Limiting the Compensation Fee to be payable on Pauper Burials in Cemeteries.

Where any Body is buried in any of the Cemeteries mentioned in Schedule (B.) to this Act, at the Expense of any Union or Parish, the Fee or Sum to be paid or payable on the Interment of such Body, or otherwise in respect thereof, to the Incumbent of the Parish or Ecclesiastical District from which such Body is removed for Interment, shall not exceed the Sum of One Shilling, or where the Incumbent now receives in respect of the like Burial in the Ground of his Parish more than One Shilling shall not exceed the Sum so now received, and in no Case shall exceed Two Shillings and Sixpence; and no other Fee or Sum whatsoever shall be payable in respect of such Interment, to or for the Use of any Person as an Officer of such Parish or District, or for or on behalf of such Parish or District, anything in any Act mentioned in the said Schedule (B.) or any other Act notwithstanding.

L Incumbents Compensations to be payable to the Churchwardens where the Fees on Burials are now paid to them, and the Incumbents are not entitled.

Where under any Local Act Fees on Interments in any Burial Ground of any Parish in the Metropolis are payable to the Churchwardens of such Parish, or to any Trustees or other Persons, for the Purpose of enabling them to pay an Annuity or Stipend to the Incumbent or Minister, the Fees which under this Act, or any Act relating to any Cemetery Company, would on the Interment in the Cemetery of any Company of any Body brought from such Parish be payable to such Incumbent or Minister, shall be payable to the said Churchwardens, Trustees, or Persons, and any Surplus of such Fees which may remain in their Hands after Payment of such Annuity or Stipend shall be paid to such Incumbent or Minister.

LI Power for Incumbents or Churchwardens to convey Chapel.

Where any Burial Ground in which Interment is discontinued under this Act belongs to any Parish other than the Parish within which the same is locally situate, it shall be lawful for the Incumbent and Churchwardens of the Parish to which such Burial Ground belongs, with the Consent of the Vestry, or Persons possessing the Powers of Vestry for Ecclesiastical Purposes of or in such Parish, and of the Bishop of the Diocese, to convey any Chapel belonging to such Parish, and situate in or attached to such Burial Ground, and the Site thereof, to any Persons named by the Incumbent and Churchwardens of the Parish within which the same is situate, with the Consent of the Vestry, or Persons possessing the Powers of Vestry of or in such Parish for Ecclesiastical Purposes, and of the said Bishop, and upon such Trusts for such last-mentioned Parish, and subject to such Conditions to be performed on behalf of such Parish, and with such Provision for the Appointment of new Trustees, as to the said Bishop may seem proper; and such Conveyance shall be effectual to pass all the Estate and Interest vested in any Persons in trust or in behalf of the Parish to which such Chapel and the Site thereof belong; and after the Execution of such Conveyance all Obligation on such last-mentioned Parish, or any Trustees or others on behalf thereof, to repair such Chapel, or to pay any Stipend to the Minister thereof, or otherwise in relation to or in connexion with such Chapel, shall cease.

LII Interpretation of Terms.

In this Act the following Words and Expressions shall have the several Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; that is to say,

• " Parish " shall mean every Place having separate Overseers of the Poor, and separately maintaining its own Poor:

• " Ratepayers " shall mean the .Persons for the Time being assessed to and paying Rates for the Relief of the Poor of the Parish :

• " Incumbent " and " Minister " shall, in respect of any Fee made payable to an Incumbent or Minister under this Act, mean the Clergyman who would have been entitled to the Fee had the Body been buried in the Churchyard or Burial Ground of the Parish from which it came, or in the Burial Ground of the Ecclesiastical District in case such District has a Burial Ground at the passing of this Act, and if any Difference shall arise between Two or more Persons severally claiming to be the Incumbent or Minister under this Provision, such Difference shall be determined by the Bishop of the Diocese:

• " Churchwardens " shall mean also Chapelwardens, or other Persons discharging the Duties of Churchwardens :

• " Overseers " shall mean also any Persons authorized and required to make and collect or cause to be collected the Rate for the Relief of the Poor of the Parish, and acting instead of Overseers of the Poor:

• " Vestry " shall mean the Inhabitants of the Parish lawfully assembled in Vestry, or for any of the Purposes for which Vestries are holden, except in those Parishes in which there is a Select or other Vestry elected under an Act of the Fifty-ninth Year of King George the Third, Chapter Twelve, "to amend the " Laws for the Relief of the Poor," or elected under an Act passed in the Second Year of King William the Fourth, Chapter Sixty, " for the better Regulation of Vestries, and for the " Appointment of Auditors of Accounts, in certain Parishes " of England and Wales" or elected under the Provisions of any Local Act of Parliament for the Government of any Parish by Vestries, in which Parishes it shall mean such Select or other Vestry:

• " Clerk " shall mean the Clerk appointed pursuant to this Act by any Burial Board appointed under this Act.

LIII Definition of "the Metropolis."

For the Purposes of this Act, the Expression "the Metropolis " shall be construed to mean and include the Cities and Liberties of London and Westminster, the Borough of Southwark, and the Parishes, Precincts, Townships, and Places mentioned in the Schedule (A.) to this Act.

LIV Saving Rights of Cemetery Companies.

Provided always, That nothing in this Act contained shall extend to take away, diminish, alter, or prejudice any of the Rights, Powers, or Authorities vested in any of the Cemetery Companies incorporated under the several Acts mentioned in the said Schedule (B.) to this Act, but all such Rights, Powers, and Authorities shall be as good, valid, and effectual as if this Act had not passed.