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X 686
•T3
THE
METROPOLITAN
INTERMENTS ACT, 1850,
INTRODUCTION, NOTES,
▲VD
APPENDIX.
ST
WILLIAM CUNNINGHAM GLEN, Esq.
BABBUTKB-AT-LAW.
! .
LONDON:
SHAW AND SONS, FETTER LANE,
PRINTBB8 AND PUBLISHERS OF THE BOOKS AND FORlfft
OF THE GENERAL BOARD OF HEALTH.
1860.
LONDON :
PRINTED BY 8HAW k SONS,
7£TTSR LAVE.
INTRODUCTION.
The Metropolitan Interments Act, 1850, as affecting^
a concentrated population of upwards of two millions
of persons, is, in a social point of view, one of the
most important statutes which has for many years
received the sanction of the legislature. The injurious
effects, moral and physical, produced by the practice
of interring the bodies of the dead in burial grounds
surrounded by the habitations of the living, as well as
in churches and chapels, and the scenes of revolting
desecration and profanation of the graves and remains
of the dead which were frequently witnessed in the
crowded burial grounds of London, have from time
to time been forcibly brought under the notice of the
public during the last ten or twelve years. Public
attention was first called to the subject, by Mr. George
Al£red Walker, a Surgeon residing in Drury Lane,
who in 1839 published his well-known work, ^^Gather-
ings from Graveyards." Mr. Edwin Chadwick, G.B.
afterwards, by direction of Sir James Graham, Bart.,
at that time Secretary of State for the Home
Department^ drew up a valuable report, in which he
detailed at great length the results of an extensive in-
quiry which he made into the practice of interment in
tO¥ms, and the conclusions which he came to in regard
to it» That report was presented in 1843, but.
a2
iy Introduction.
although extramural sepulture was one of the chief
points to which the attention of the Health of Towns
Commission and Sanitary Associations has since that
time been continually directed^ it was not till the
appointment of the General Board of Health that any
decisive step was taken to abolish the existing practice.
That board was directed by the statute (12 & 13
Vict. c. 3)^ to cause inquiry to be made into the state
of burial grounds^ and to frame^ if necessary^ a schema
to be submitted to Parliament for the improvement of
interment in towns. After consulting the evidence
previously collected respecting the practice of inter-
ment/ and investigating the subject anew with refer-
ence to the most recent facts and experience^ thei
board; on the 15th February^ 1850, presented their
report to Her Majesty. From the considerations and evi-*
dence therein set forth^ the board stated that they had
arrived at the following conclusions^ which they sub-
mitted as the foundation of a general scheme for
extramural sepulture : —
" 1. That, with a view to remedy the evils of uxtmr
mural interment, as at present generally practised, it
will be necessary to obtain separate Acts for Loiudoii
and the country.
^^ 2. That, after the passing of the Act for London,
all interments in churches and within the jMreciiicts of
the metaropolis, except in special cases, under licence
issued by the metropolitan interment commisaioii,
should, as soon as the necessary preliminary arrange-
ments are completed, be strictly forbidden.
^^ 3. Thi^t public burial grounds be provided at a suit-
Introduction, ▼
able distance from the metropolis; that^ with a view
to prevent the near approach of the population to such
burial grounds^ no new dwelling-houses be permitted
within a distance proportioned to the size of the
cemetery and the number of interments for which it is
calculated; and that^ in order to render possible the
advantages of extramural interment; without^ at least^
e&hancing the cost to the poor^ to secure the proper
decencies of burial, and to put an end to the injurious
influence to health occasioned by the careless and
unchecked disposal of bodies^ it be, with the exceptions
above referred to, unlawful to inter in any other place
than the public burial grounds within the prescribed
precincts.
** 4. That, considering the river as a highway passing
through the largest extent of densely-peopled districts^
the facilities for establishing houses of reception on its
banks, the conveniences arising from the shorter dis-
tances within the larger portion of the same area for
the removal of the bodies to such houses of reception^
the advantages of steam-boat conveyance over that by
i^ailway in respect to tranquillity, and the avoidance of
any large number of funerals at any one point at any
one time, and of any interference with common traffic
and with the throng of streets; and, lastly, taking
into account its great coihparative cheapness, it is
desirable that the chief metropolitan cemetery should
be in some eligible situation accessible by water-
carriage.
^ ** 5. That it be unlawful to inter in any burial ground
more than one -corpse in one grave.
vi Introduction,
'* 6. That the price of funerals be regulated according
to a series of scales or classes; and that the whole
expense of each funeral be included in the charge fixed
for its class^ and be paid for in one sum.
^' 7. That; it being essential to the success of the
proposed improved practice of interment that it be
administered on one system^ under one responsible
authority^ all public burial grounds and the whole
arrangement for burial be intrusted by commission to a
small body^ not exceeding five^ of whom not less than
one shoidd be paid, specially qualified and responsible.
" 8. That in every cemetery there be a part con-
secrated and a part unconsecrated^ and that in the con-
secrated part there be erected a church adapted to the
purpose, and fitted also for full services according to
the doctrine and discipline of the Church of England ;
and that in the unconsecrated part there be erected a
commodious chapel.
• ^^ 9. That the new consecrated grounds be under the
same ecclesiastical jurisdiction in matters spiritual, and
in respect to the performance of the service and the
superintendence of the chaplains, as the parochial
burial grounds for which they are to serve as substitutes
now are ; that the inhabitants retain the same right of
sepulture as they would have had in their respective
burial grounds, subject to the general provisions which
may be necessary for the public health and the con-
venience of sepulture ; and that the incimibents have
the right of performing the burial service for any of
their parishioners in the public cemetery, subject to
the regulations established for the same.
Introduction. vii
'^ 10. That, inasmuch as the fees and voluntary offer-
ings paid to the clergy constitute one of the least of
the chaiges incident to interment^ and at the same
time form in some instances almost the whole, and in
many instances the greater part, of the funds on which
they have been accustomed to rely, provision be made
for compensation to the benefice, on account of the
reoeipt of fees for interments, on the average of three
years before the passing of the Act.
*' 11. That compensation be made to the proprietors
of private burial-grounds and to the holders of ceme-
teries established by Act of Parliament according to
the award of juries.
*^ 12. That provision be made for placing the existing
burial-grounds under such regulation as may be most
conducive to the public health and advantage.
" 13. That, although, if the whole work were to be
done afresh for the first time, one part of a general
scheme of eztramural*cemeteries would have included
the formation of corresponding sets of intramural
officers to receive orders, to give instructions, to col-
lect and .anforce payments, and to transact other
general business, yet, to avoid the unnecessary creation
of offices, it be provided that the present parish clerks or
sextons, or both, as the case may be, should be retained,
and their offices made use of for maintaining the paro-
chial connexion with the cemeteries.
" 14. That the whole immediate outlay for carrying
into effect this scheme may be obtained without any
aid from the Treasury, and without the levying of any
new rate, in the following way : that is to say, by
yiii Introduction.
loan; the principal and interest of such loan to be
defrayed ont of the receipts of the cemeteries^ security
being given by Act of Parliament for making good
from the rates whatever deficiency may occur, should
there be eventually any."
A bill founded upon this scheme was accordingly
}>repared and brought into the House of Commons by
Sir George Grey, Principal Secretary of State for die
Home Department, and Lord Seymour, the Chief
Commissioner of the General Board of Health. The
measure, after meeting with considerable opposition
from parties interested in the continuance of the exist*
ing mode of sepulture, and undergoing some few altera-
tions, which, however did nota£Pect its main principles,
has since become law; and, in the words of the board,
we may now confidently hope that within a few
months the whole of the intramural interments will
be discontinued, ^nd a system of extramural sepulture
substituted ; and that, if the principle developed in the
new statute be properly adhered to, within a reason*
able time the whole practice will be elevated, not only
beyond the least objectionable practice in this country,
but beyond the best practice which the board have
found and examined on the Continent.
It will be convenient to consider the provisions of
the statute in their exact order, so that a clear view
may be at once obtained of the nature and scope of its
provisions.
The first section declares '^ the Metropolitan Burid
District" to consist of the cities and liberties of
London and Westminster respectively^ the borough
Introduction. ix
of Southwark^ and the parishes^ townshipS; and pre-
cincts comprised in the schedule. The district will
therefore include 'the area which is surrounded hj
the parishes of Hanunersmith^ Kensington^ Paddington^
St. Marylebone^ Hampstead, Stoke Newington^ Bow^
Limehouse, on the Middlesex side of the Thames; and
Plumstead^ Woolwich^ Charlton^ Greenwich^ Camber*
welly Lambeth^ Streatham^ Tooting, and Barnes^ on
the Surrey side of Hammersmith Bridge.
Sections 2 — 6 empower the General Board of
Health to act in the execution of the Act, and
authorizes the appointment of an additional member
and other officers of the board, which is incorporated
and is to have perpetual succession ; but the additional
member and officers appointed under the Act are not
to hold office after the expiration of the period for
which the Public Health Act, 1848, provides the
board shall be continued, namely, five years from the
81st of August, 1848, and thenceforth until the end
of the then next session of Parliament.
The board are then empowered to provide burial
grounds, and to enlarge them if necessary, and to
purchase by agreement any lands which it may
appear to them expedient to purchase for such pur-
pose, and if they see fit to take by agreement or
otherwise all or any of the existing cemeteries belong-
ing to puUic companies, subject to certain subsisting
rights; but before purchasing any land the board
must give notice by advertisement, inviting tenders
by persons willing to sell lands for the purposes for
which they are required by the board.
a3
X IntroductioTip
The board having provided the burial grounds^ afe
then to enclose and lay them out in suoh manner^ and to
erect and make therein such buildings and other works
as may t^pear to them fitting and proper^ and to
build in each ground a suitable chapel for the per-
formance of the burial service according to the rites
of the United Church of England and Ireland^ which
chapel may be consecrated by the Lord Bishop of the
diocese, and is then, as well as the consecrated portioa
of the burial ground, to be subject to his jurisdiction.
The board are to appoint chaplains to officiate in
the burial grounds, who are to be licensed by, and
be subject to, the bishop of the diocese. But, though
chaplains are appointed, the incumbent of the parish
from which any body may be brought may, by himself
or his curate, upon giving notice, perform the burial
service over the body where he desires to do so ; and
any other clerk in holy orders, subject to the rights of
the incumbent and the regulations of the board, may
in like manner perform the service.
The eleventh section requires that a portion of every
burial ground provided by the board, shall remain
imoonsecrated : and gives authority to the board to
build thereon a suitable chapel for the peifonnance
of funeral service ; and portions of existing cemeteries
which are unconsecrated are to remain so, power being
given to the board, if they think it necessary, to
enlarge any chapel thereon.
The board, when they have provided a burial ground,
and made such arrangements as they may think neces*'
sary for the interment of the dead, and after coiisecra*
Introduction^ si
tion of the portion requiring to be consecrated, are to
give notice in the London Gazette that interments
may be made in such ground, and afterwards inter**
ments may be made therein under the Act.
The next provision of the Act relates to the closing
of the old burial grounds of London and the suburban
parishes vdthin the metropolitan burial district. The
Nuisances Removal and Diseases Prevention Act,
1849, indeed, provided for the shutting up of burial
grounds in cases where, after inquiry by a superin-
tending inspector, the general board of health might
deem it expedient to prohibit any interments therein.
But proceedings taken under that Act to shut up a
metropolitan burial ground belonging to a body of
dissenters proving unsuccessful, the authorities have
not yet succeeded by legal measures in closing any of
the burial grounds most dangerous to health. But this
is a class of nuisances dangerous to public health, for
the immediate abatement of which full and com-
plete powers are now conferred upon the general
board of health. The 13th section of the Act em-
powers the board, whenever they are of opinion that
interment within the metropolitan burial district (others-
wise than in the burial grounds provided under the
Act), should be disc(«itinued wholly or subject to any
exceptions, to report their opinion to her Majesty ;^
who may thereupon, with the advice of the privy
council, order, after a time to be mentioned, in-
terment in the churches, chapels, and churchyards,
and other burial places reported upon, to be either
wholly or in part discontinued; and that non-paro*
xii Intrdduetion*
chial burial groimdjB in; whioh the practice of inteiment
has been ao discontinued^ shall vest in the boards who
are to cause them to be suitably fenced in^ in order to
secure due respect to the bodies interred therein^ and
for protecting the public health*
After publication in the Gazette of the order of
Her Majesty in council, any one who shall bury any
body, or in anywise assist in the burial of any body in
any church, chapel, churchyard, or burial place, in any
burial ground in which interments are prohibited, is
declared guilty of a misdemeanor, and may be pun*
ished accordingly. But authority is given to grant
licence for burial in any church, or chapel, or vauH in
which such right has been acquired by virtue of any
faculty l^ally granted, or by usage or otherwise, and
also in cases wh^e any exclusive right of interment in
any cemetery or burial ground has been purchased or
acquired before the passing of the Act. And it is ex-
pressly enacted, that nothing in the Act shall extend
to prevent the interment in the cathedral church of
St. PauVsy London^ and the collegiate church of St*
Petev^Sy Westminster, of the body of any person, where
Her Majesty, by any writing imder her royal sign
aaanual, shall signify her pleasure that the body be so
interred.
By the custom of England, every person has a right
of sepulture in the churchyard of the parish in which
he dies; but, ordinarily, a person cannot be buried in
the churchyard of any other parish, unless with the
<M>nsent of the incumbent and churchwardens. In de*
Introduction. tm
priTing thd inhabitants of London of this common law
right; another right has been substituted for it^ by the
fourteenth section of the Act; namelj; the right of
sepulture in burial grounds provided under the Act.
The intention of the Act is to do away entirely with
the qrstem of trading as applied to burial grounds,
whether such grounds be the property of individuals
or public companies. It therefore provides a mode of
awarding compensation to such individuals and com-
panies^ and also secures them from any interference
with their rights untU the compensation has been
paid.
The feelings of the relatives of deceased persons
buried in existing burial grounds have also been con-
sulted ; for it is provided that the bodies of such de*
ceased persons may, with the consent of and subject to
the regulations of the general board of health, be re-^
moved to and interred in any burial ground provided
under the Act. Though the proposal of the general
board that not more than one body shall be buried in
the same grave has not been adopted, the Act never-
theless empowers the board to make regulations from
time to time as to the depth and formation of the graves
and places of interment, and generally as to all matters
connected with the good order af the burial grounds.
After providing for various matters of detail with
respect to fees, regulations, £c., the Act proceeds to
the establishment of reception houses for the dead.
Mr. Chadwick, in his interesting report before alluded
to, in reference to this subject, states that the most
xiy Introduction.
predominant of the physical^ if not of the moral evils
which follow the train of death; to the labouring
classes^ being the long retention of the corpse in their
one room, the means of altering this practice claims
priority in the consideration of remedies.
When it is considered that an immense proportion
of the population of the poorer classes in the metro-
polis live in a single apartment^ which serves as their
bedroom, their living room, their kitchen, their wash*
house, and in not a few cases their workshop also,
jsome idea may be formed of the distressing as well as
dangerous situation in which the survivors are placed
when a death occurs in the family, from their total
.nabUity to procure suitable accommodation for the
corpse, until it is removed for interment. Mr. Chad-
wick instances numerous cases in which disease and
death were spread by the family living in the same
room, and frequently sleeping on the same bed, with
the sick person, labouring, it may be, under a conta-
gious or infectious disorder; and afterwards retaining
the body with its noxious exhalations in a small room
badly ventilated, and often with a fire in it, the whole
of the survivors breathing the noxious gases evolved
from the corpse. It must be obvious to the most
careless thinker, that the liability of the mass of a
crowded population to be affected by the pestiferous
influence of a corpse retained amongst the living, is
not only dangerous to those immediately in contact
with it, but also to the public, amongst whom the seeds
of disease are freely .sown by communication with the
survivors. Mr. Ghadwick has forcibly and truthfully
Introduetionp zv
touched upon the moral degradation^ and the evils
attending the practice of retaining the bodies of the
dead amongst the. living, in the Mowing pu»age
which is extracted from his report on interments : —
^' The duty which attaches to male relations, or
which a benevolent pastor, if there were the accommo*
dation, would exercise on the occurrence of the cala-
mity of death to any member of a family, is to remove
the sensitive and the weakly from the spectacle, which
is a perpetual stimulus to excessive grief, and commonly
a source of painful associations and visible images of
the changes wrought in death, to haunt the imagination
in after-life. When the dissolution has taken place
under circumstances such as those described, it is not
a few minutes' look after the last duties are performed
and the body is composed in death and left in repose,
that is given to this class of survivors, but the spec-^
tacle is protracted hour after hour through the day and
night, and day after day and night after night, thus
aggravating the mental pains under varied circnm*
stances, and increasing the dangers of permanent
bodily injury. The sufferings of the survivors, espe-
cially of the widow, are often protracted to a fetal
extent. To the very young children, the greatest
danger is of infection in cases of deaths from con-
tagious and infectious disease. To the elder children
and members of the family and inmates, the moral
evil created by the retention of the body in their
presence beyond the short term during which sorrow
and depression of spirits may be said to be natural
to them, is, that' familiarity soon succeeds^ and
xvi Introduction.
respect disappears. These consequences are revealed
bj the frequency of the statements of witnesses^ that
the deaths of children immediately following, of the
same disease of which the parent had died, had been
accounted for by ^ the doctor/ or the neig^hboui*s, in the
probability that the child had caught the disease by
touching' the corpse or the coffin^ whilst playing about
the room in the absence of the mother. Dr. Reicke^
in the course of his dissertation on the physical dangers
from exposure to emanations from the remains^ men*
tions an mstance where a little child having struck the
body of the parent which had died of a malignant
disease^ the hand and arm of the child was dange-
rously inflamed with malignant pustules in conse*
quence. The mental effect? on the elder children or
members of the family of the retention of the body in
the living room, day after day, and during meal times,
until familiarity is induced, — ^retained, as the body
commonly is during all this time in the sordes of
disease, the progress of change and decomposition,- dis-
figuring the remains and adding disgust to familiarity,
— are attested to be of the most demoralizing character.
Such deaths occur sooner or later in various forms iii
-every poor family ^ and in neighbourhoods where there
are no sanitary regulations, where they are ravaged by
epidemics, such scenes are doubly familiar to the whole
population.
*^ Astonishment is frequently excited by the cases
which abound in our penal records indicative of the
prevalence of habits of savage brutality and careless-
2iefis of life amongst the labouring population; but
Introduction^ xTii
aimeB, like sores^ will commonly be found to be the
result of wider influences than are externally manifest;
and the reasons for such astonishment^ will be dimi-
nished in proportion as those circumstances are eza*
mined which influence the minds and habits of the
population more powerfully than precepts or book
education. Among these demoralizing circumstances
which appear to be preventible or removable^ are those
which the present inquiry brings to light. Disrespect
for the human form under sufferings indifference or
cardessness at death^— or at that destruction which
follows as an effect of suffering — ^is rarely found
amongst the uneducated, unconnected with a callous-
ness to others' pain, and a recklessness about life itself.
A known effect on uneducated survivors of the tre*-
quency of death amongst youth or persons in the
vigour of Ufe, is to create a reckless avidity for imme-
diate enjoyment. Some examples of the demoralization
attendant on such circumstances cannot but be appa-
rent in the evidence arising in the course of this
inquiry into other practices connected with interments.
^* On submitting the above to a friend, a clergyman,
whose benevolence has carried him to alleviate the
su^rings in several hundred death-bed scenes in the
abodes of the labouring classes, and who has been
present, perhaps, at every death in his own flock, in a
wretchedly crowded parish, he writes in the following
terms hid confirmation : —
'^ ^ The whole of this I can testify, from personal
knowledge, to be just. With the upper classes, a
corpse excites feelings of awe and respect : with the
zviii Introduction:
lower orderis, in thefie districts, it is often treated with
as little ceremony as the carcase in a butcher's shop*
Nothing can exceed their desire for an imposing funeral;
nothing can surpass their efforts to obtain it ; but the
deceased's remains share none of the reverence which
this anxiety for their becoming burial would seem to
indicate. The inconsistency is entirely, or at least in
great part, to be attributed to a single circumstance —
that the body is never absent from their sight ; eating,
drinking, or sleeping, it is still by their side, mixed up
with all the ordinary functions of daily life, till it
becomes as familar to them as when it lived and moved
in the family circle. From familiarity it is a short
^tep to desecration. The body, stretched out upon two
<;hair8, is pulled about by the children, made to serve
as a resting-place for any article that is in the wmy,
and is not seldom the hiding-place for the beer-botile-
or the gin if any visitor arrives inopportunely. Viewdi
as an outrage upon human feeling, this is bad enough;
but who does not see that when the respect for the
dead, that is, for the human form in its most awfiil
;^tage, is gone, the whole mass of social sympathies
must be weakened — ^perhaps blighted and destroyed?
At any rate, it removes that wholesome fear of death
which is the last hold upon a hardened conscience.
They have gazed upon it so perpetually, they, have
grown so intimate with its terrors, that they no longer
dread it, even when it attacks themselves; and the
heart which vice has deadened to every appeal of
religion is at last rendered .callous to the natural
instinct of fear.'
^ That it is possible by legislative means to
progress of this dreadful demoralisation^ whi<
if no further heed be taken of it^ go on ^
increased crowding of an increasing populati<
it is possible to abate the mental and physic
ing; to extend to the depressed urban dist
acceptable and benign and elevating influence
impressiye occasions^ may be confidently affiri
will in a subsequent stage of this report be endi
.to be shown by reference to actual example
isessful measures."
. Evils of such a magnitude need, however, n
exist, for the general board of health are i
powered to build or otherwise provide, in sw
as they may think fit, houses for the recep
care of the bodies of the dead previously to ]
interment, and to make arrangemenlfcs for the ]
and care of such bodies therein, and to a|
officers for such houses of reception. The b
also empowered to appoint medical or other
who, in the case of deaths within the distri
when the persons having the care of the h
desire, cause the body of the deceased to be
removed to one of the houses for the receptio
dead.
The delay of interment, Mr. Chadwick ob&
greatly increased by the expense of the funerals
instances another cause which tends to deL
ment, namely, the fear of the body being buri<
life is extinct, which it is said has in some well
ticated instances occurred during the extensiv
xz Introduction*
lenoe of au epidemic diaease -, a state of cotnft or lethar-
gic sleep induced by the disease being mistaken by the
attendants for death. There can be no question th^t
the chance of such a painful circumstance occurring is
-extremely rare; but, as Mr. Chadwick further ob-
serves, the existence of the painful feeling of the possi-
bility of such an event, even if the apprehended possi-
bility were utterly unreal, is as valid ground for the
adoption of measures to prevent and alleviate the pain-
ful feeling as if the danger were real and frequent.
On this subject, Mr. Bentley (Encyclopeedia of Prac-
tical Medicine, vol. 3rd, 316) states as follows : ^^ Allow-
ing for much fiction, with which such a subject must
ever be mixed, there is still sufficient evidence to war-
rant a diligent examination of the means of discrimi-
nating between real and apparent death. As respira-
tion is a function most essential to health, and at
the same time the most apparent, the cessation of it
may be considered as an indication of death. But
as in certain diseases and states of exhaustion it
Jbecomes very slow and feeble, and so to the casual
observer to appear quite extinct, various methods have
been adopted for ascertaining its existence. Thus,
placing down or other light substances near the mouth
or nose ; laying a vessel of water on the chest, as an
index of motion in that cavity; holding a mirror
before the mouth, in order to condense the watery
vapour of the breath; have all been proposed and
employed, but they are all liable to fallacy. Down or
whatever substance is employed, may be moved by
some agitation of the surrounding air; and the surface
Introduction.
of the mirror may be apparently covered by the con-
densed vapour of the breath, when it is only the fluid
of some exhalation from the surfiMM of the body.
We therefore a^ee fully with the judicious observa*
tions Dr. Paris on this subject : — ^ We feel no hesitation
in asserting, that it is physiologically impossible for a
human being to remain more than a few minutes in
such a state of asphyxia as not to betray some sign by
which a medical observer can at once recognize the
existence of vitality ; for if the respiration be only
suspended for a short interval we may conclude that
life has fled for ever. Of all the acts of animal life,
this is by flur the most essential and indisputable.
Breath and life are very properly considered in the
scriptures as convertible terms, and the same synonym,
as far as we know, prevails in every language. How-
ever slow and feeble respiration may become by dis*
ease, yet it must always be perceptible, provided the
Baked breast and belly be exposed; for when the
intercostal muscles act, the ribs are elevated, and the
sternum is pushed forwards; when the diaphragm acts
the abdomen swells. Now this can never escape the
attentive eye; and by looking at the chest and belly
we shall form a safer conclusion than by the popular
methods which have been usually adopted.'"
On the Continent, at Munich^ Frankfort, and other
German cities, houses have been established for the
reception and care of the dead until their interment;
and the objects of those institutions are thus summed
up in the regulations which are applicable to the house
at Munich: —
xzii Introduction,
^' Whereas it is of importance to all men to be per^
fectlj assured that the beings who were dear to them
in life are not torn from them so long as any, the
remotest, hope exists of preserving them, — so death
itself becomes less dreadful in its shape when one is
convinced of its actual occurrence, and that a danger
no longer exists of premature interment.
^^ To afford this satisfaction to mankind, and to pre-
dude the possibility of any one being treated as dead
who is not actually so; to prevent the spread of infec-
tious disorders as much as possible; to suppress the
quackeries so highly injurious to the health of the
people; to discover murders committed by secret
violence, and to deliver the perpetratoi*s over to the
hands of justice,^-is the imperative duty of every,
wise government; and in order to accomplish these
objects, every one of which is of the greatest impor--
tance, recourse must be had to the safety^ that is to
say the medical police, as the most efficient means, by
a strict medical examination into the deaths occurring,
and by a conformable inspection of the body."
The practice of sending the bodies of the dead to
reception houses before interment, being opposed to
existing customs in this country, it will be the effect of
time to introduce into England; but when it is found
that the immediate removal of the body from the habi-
tation of the living, lessens the sufferings of the sur*-
vivors, whilst it at the same time in some measure
assuages their grief, and is not inconsistent with the
outward manifestation of respect to the remains of the
deceased, and that the possibility of premature inters
Introduction. xziii
ment is thereby entirely removed, we may confidently
hope that the boon will be cheerfully accepted by the
class of persons for whose more immediate benefit the
reception houses are to be established.
The next provision of the Act relates to the new
arrangements which are to be made for conducting
funerals at a fixed charge. There are few families
which have not sufiered more or less from the exac«
tions of the undertaker's biU, on the occasion of the
funeral of a deceased member of the fiimily. Such
exactions come at a time when from their bereavement
the relatives and friends are rendered almost incapable
of self-protection ; and indeed the urgency which exists
for the performance of the last sad duties to humuiityi
as well as a feeling of decency, precludes the friends
fix>m bargaining as for an article of commerce, or from
seeking to find a respectable tradesman who may have a
reputation for honesty of dealing, and for moderate
charges. The consequence of this has been, that funeral
charges have become extortionate in the highest degree,
and bear no proportion whatever to the intrinsic value
of the services actually rendered. It is obvious that an
individual, whether he be rich or poor, cannot always
protect himself from this extortion, or against the un-
necessarily expensive, and in the majority of instances
unseemly, and often ridiculous funereal customs which
are maintained against his better judgment and wishes.
Mr. Chadwick has well observed, that in considering
this subject, the arrangements and consequent expenses
of the funerals of the wealthy are of importance, les#
perhaps for themselves than as governing by example
xxiv Introduetunu
the arraDgements and expenses of the poorest classes,
even to the adoption of such arrangements, and con-
sequentlj of ezpensive outlay, as to have hired beafers
and mutes with silk fittings even at the funerak of
common labourers ; and he truly adds, that the ex-
penditure by the wealthy in compliance with the
supposed demands at which their own taste revolts,
for a transient effect which is not gained, would si^ce
to produce perman^t effects of beneficence and taste
worthy of their position in society.
The sixth recommendation submitted by the general
board of health, in their report on extramural sepul-
ture, was, that the price of funerals be regulated ao*
cording to a series of scales or classes; and that tha
whole expense of each funeral be included in the
charge fixed for its class, and be paid for in one sum.
This recommendation has been adopted to its fullest
extent, for by the 28th section of the Act the board
are empowered to invite and receive tenders for eon-«
tracts for the undertaking of funerals according to
classes, arranged with reference to the nature and
amount of the matters and services to be furnished and
rendered, but so that in respect to the lowest class the
fimeral may be conducted with decency and solemnity;
and to enter into contracts in accordance with such
tenders and with such stipulations as may appear
necessary for insuring the decent performance of the
funerals. With a view to preserving still further fixed
and uniform charges, the board are also empowered to
contract with railway companies for Hie canying out
Introdiuciianm xxr
of bodies in properly constracted carriages, on the line
of nulway of such company, along with the mourners,
to any burial ground provided under the Act If, on
the other hand, a cemetery be established in a situation
oonyenient for water carriage, the contractors for con-
ducting funerak at fixed charges will also contract to
have the bodies and mourners oonyeyed by appropriate
riyer steam vessels to the place of sepulture.
The Act provides for various measures of detail,
in regard to compensation for loss of fees, and indivi-
dual rights, mortgages and registers.
A special provision is made for the levying a rate
not exceeding a penny in the pound in any one year,
on property assessed to the county rate. But this rate
is only to be levied in case a deficiency of other pay-
ments to defiray the expenses of the board in respect to
canying out the Act^ and to provide for the payments
in respect of moneys borrowed under the Act, should
arise. In reference to this rate it is satisfieu^tory to
find that the board have expressed a very confident
opinion, that along with equitable arrangements as to
compensations, and even with a considerable reduction
on the existing cha]^;es for interment,, there will be
no deficiency to be defirayed by ^tes.
The general board of health are to cause accounts to
be kept which are to be open to the inspection of the
ratepayers at all seasonable times, and are to be
balanced up to the Slst December in each year, and
audited by the auditors of public accounts; the board
are to make an annual report to one of her Hajes^s
xzvi Introduction,
principal secretaries of state of their proceedings^
which is to be laid before parliament along with an
abstract of the accounts of the board.
The sections of the Cemeteries Clauses Act; 1847^
which relate to granting ezclusiye rights of burial^
monumental inscriptions^ and the protection of the
cemetery^ are incorporated with the present statute.
By the establishment of the new burial grounds)
considerable tracts <^ land which now pay poor^s
and other rates will become vested in the board of
health; and as considerable loss would be caused
to the parishes in which such lands may be situated^ if,
by reason of their .not being beneficially occupied^ that
is, not occupied so that a direct profit is derived from
them by any one^ they were to cease to be rateable)
it is provided by the Act that the general board shall
from time to time be assessed and rated to all county
parochial or other local rates for and in respect of the
burial grounds provided . under the Act, but not at a
higher value or, improved . rent than the lands were
assessed at for the year immediately preceding their
being taken for burial grounds. *
By the bill as it orginally stood it was proposed that
the burial grounds should be exempt from all local
rates, an arrangement which would have manifestly
been unjust to . the paiash in which the burial gjround
might be situate, inasmuch as it would liave been, called
upon to make a considerable sacrifice of rates for the
benefit pf other parishes using the burial ground for
the iuterment of their dead.
The only other section of the Act which it is
Introduction. xzvii
deemed important to notice in this place is the 74th,
which enables the incumbent and churchwardens of
any parish to which a burial ground, locallj situate in
some other parish, belongs, to convey the chapel of
such burial ground to trustees to be named by the in-
cumbent and churchwardens of the parish within which
the same is situate, upon such trusts for such last
mentioned parish as to the bishop of the diocese may
seem proper. This provision will remedy the anomaly
and inconvenience wliich would result from a parish
having a chapel belonging to it, situate at a distance
and within another parish, with which it might not be
connected in any cure of souls.
In conclusion, it will readily be seen that the
magnitude of the evik to be dealt with imder this
statute, required measures of a more than ordinary
stringent character. It is not to expected that the
execution of those measures will not inflict pain or
hardship, on some individuals who may have rela-
tives interred in existing burial grounds. But in the
concluding words of the report of the general board
of health, to such and to all others may be addressed
a fervent hope that that board will be aided by judi-
cious and generous co-operation, and supported by
strong and enlightened public sympathy in rendering
available the means which parliament has placed at
their disposal for putting an end to the great and
growing evils of intramural sepulture.
Tbmple, W. C. G.
September f 1850.
b2
CONTENTS.
STATUTE 13 k 14 VICTORIA, Cap. 62.
An Act to make better protfieianfor the Intermeat qfthe Dead
in and near the Metrapolie.
Seetton. Page
1. Formatioii of " The Metropolitan Burial District " - 1
2. Appointment and incorporation of "The General
Board of Health/' for the pnrpoees of the Act - 1
8. Appointment of secretary, treasurer, &c. - - - 2
4. Duration of appointments limited - . - - 3
5. Offices to he provided . . . -^ . . 3
6. Board to provide hnrial grounds, within or without
the district, and enlarge and fitcilitate approaches ;
power to purchase lands - - - . - 4
7. Power to board to purchase certain cemeteries - - 4
8. Board before purchasing land to give six weeks notice
by advertisement ------ 5
9. Board to lay out burial groxmds, and build chapels - 6:
10. Chaplains to be appointed with the consent of the
bishop of the diocese --.... 7
11. A portion of each burial g^und to be left unconse-*
crated, and a chapel built thereon - - - 8
12 When a burial ground is provided under this Act,
notice to be given in London Gazette - - - .9
13. The Queen in council may, on report of board, order
the discontinuance of interments in churchyards,
j^.. .-.-.-. 9
14. Inhabitants of parishes comprised in the district or
part in which interment is ordered to be discon-
tinued to have ri^ht of sepulture in burial grounds
provided under this Act -> - - - - 11
15. Interments in nnconsecrated portions of burial grounds 13
xxz Contents.
Section. XHige.
16. After order for discontinuance of interment, no bnrial
to take place contrary thereto - - - - 13
17. Saying of rights to bnry in vaults - - - - 14
18. Saving as to Saint Paul's Cathedral and Westminster
Abbey - - - - - - --16
19. Order for discontinuance of interment in any cemetery
to be suspended until compensation money is paid - 16
20. Power to remove bodies already interred to the burial
g^unds provided under this Act - - - -16
21. Fees to be paid upon interments - - - - 16
22. Management to' be vested in the board - - - 17
28. Board may make regulations for the general mainte-
nance and care of burial g^unds and as to order of
interments - - - - - - -17
24. No body to be buried within limited distance of dwell-
ings, or under or near any chapel within any burial
g^und --------18
25 Reg^lster of burials to be kept, and to be evidence, and
subject to the regulations of 6 & 7 W. 4, c. 86, as
toseardies- ----- - 16
26 Certificate ot registry of the death, or coroner's certifi- '
cate, to be delivered to officer appointed to keep
burial registers -------9d
27. Board to provide hoas(^s for reception of bodies pre-
viously to interment ------ 22
28. Board to make provision for conducting funerals at
fixed charges -------28
29. Board may enter into contracts with railway compa-
nies for carrying out bodies to cemeteries, togetiier
with the mourners - - - - - 26
30. Board may provide for removal, on request of rela-
tives, &c., of bodies to houses of reception - - 26
31. SalaricsB - - - - i - - 26
32. Compensation to incumbents - - - - • 27
33. Compensation to clerks and sextons - - •» - 29
34. Compensation for fees payable for parochial purposes- 81
35. Parochial debts incurred in respect of bnrial grounds
to be discharged by the board - - - - 82
36. Compensation in respect of non-parochial grounds - 83
37. Power to compensate individual rights in closed burial
grounds by equivalent rights in new grounds - ^
Contents. zzzi
Section. Page.
38. Payment of fee to minister performing service on
interments in onconsecrated ground - - - 34
39. Money, received by officers to be paid into the bank - 36
40. Treasurer and others intrusted with money to give
security for duly accounting for the same - - 36
41. Payments out of the bank - - - - - 36
42. Expenses to be defrayed out of monies received under
the Act 36
43. Salary, of additioxial member of board of health - 36
44. Fees, payments, and rates may be mortgaged - - 37
46. Qommission^rs of public works under 6 Vict. c. 9,
s. 2, may make advances to the board - - - 38
46. Ifoney^ may. be borrowed at lower rates of interest
to pay off securities bearing a higher rate - - 38
47. Power to borrow money to pay off former mortgages - 39
48. Form of mortgage; register of mortgages - - - 39
49. Bepayment of money borrowed at a time agreed upon 40
60. Interest on mortgages to be paid half-yearly ; repay-
ment of money borrowed when no time or place
has been agreed upon; interest to cease on expi-
ration of ootice.to pay off a mortgage debt - - 40
61. Account books to be open to mortgagees - - - 41
62. Transfer of mortgages ; register of transfers - - 41
68. Board may ibrm a.sinking fund for discharge of mort-
gages -- 42
64. After discontinuance of interment, in case of defi-
. ciency of other ^fMiyments, ixNud may order over-
. seers to levy a rate, to a liioited amount - - 43
66. Who shall be deemed '' overseers of the poor" under
this-Aot 46
66. Overseers to collect burial rate in the same manner as
poor rate; receipt of treasurers sufficient discharge
to overseers ,-------46
67. On nonpayment of the rate, overseers to be distrained
. upon; and if .distress insufficient, an'ears to be
re-levied on the parish - - - - - 47
68. Power to inspect county rates, returns, &c. - - 47
69. Provision for assessing and levying rate in places
within the district where there is no poor rate - 48
60. Notice of assessment to be given, and persons included
in the assessment to have liberty to inspect it;
penalty for refusal of inspection - - - - 60
Contents.
Section. Psfe.
61. Collection of the rate ...... 5i
02. Power of appeal; the asfleasineiit may be altered to re-
liere the appellant only ..... 51
63. Accounts to be kept ; books may be inspected ; penalty
for refusing ini^>ection ; balancing accounts ; annual
statement ; public notice of statement ; statement,
dbe. to remain at the office for inspection - - 54
64. Incorporation of certain clauses of '* The Cemeteries
Clauses Act, 1847 " 56
65. Board to be assessed to rates in respect to burial
g^unds ---.-.-.57
66. Audit of accounts ; by auditors of public accounts • 57
67. Board empowered to enter into contracts - - - 58
68. Purchases and works above 1002. not to be made
without sanction of treasury .... 58
69. Incorporation of Lands Clauses Consolidation Act, 1845
(8 & 9 Vict c. 18) 58
70. Certain provisions of same Act as to lands taken by
agreement only incorporated .... 59
7 1 . Receipt of money for purchase money to be an effectual
discharge ---.----69
72. Power to dispose of lands not wanted - - - 50
73. Annual reports and abstracts of accounts to be made,
and laid before parliament - - - - - 60
74. Power to convey chapels in out-lying burial grounds 62
75. Dissolution of cemetery companies - - - 63
76. Interpretation of terms ------ 64
77. Short title 65
Schedules — ^A. The metropolitan burial distriet - - 66
B. The several cemeteries established under
the several Acts hereinafter mentioned 69
C. Form of mortgage - - - - 70
D. Form of transfer of mortgage • - 71
Appendix ------ --78
13 & U VICTORIA, Cap. 62.
I. I I't » ■ ■ =
AN ACT
TO ICAKB BETTEB PBOYISION FOB THE INTERMENT OF THE
DEAD IN AND NEAB THE METROPOUS.
6th August, 1800.
Sect. 1. Londouj Westminster, Southrvarhj and the
places named in Schedule (A.), to farm " The Metros
politan Burial District J^] Whereas it is expedient to
make better provision for the interment of the dead in
and near the metropolis: be it therefore enacted by
the Queen's most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal,
and commons, in this present parliament assembled,
and by the authority of the same, that the cities and
liberties of London and Westminster respectively, the
borough of Southmarky and the parishes, townships,
precincts, and places mentioned in the schedule (A.)
to this Act (a), shall for the purposes of this Act be
one district, to be called ''The MetropoUtan Burial
District."
Sect. 2. Oeneral hoard of health to execute this
Aet.l And be it enacted, that the general board of
health shall act in the execution of this Act ) (b)
(a) See the schedule, page 66, which particularizee the limits
of the district to which the provisioos of the Act are applicable.
The city of London parishes withotU the walls, although not
expressly mentioned either in the Act or in the schedule, are
included in the district, as well as the parishes within the walls.
(b) The Public Health Acts do not extend to the City of
L(mdon or the liberties thereof, nor to the parts within the limits
b8
2 13 & 14 Tict. e. 52, ss. 2, 3. *
Mer Majesty may appoint an additionat member,]
and it shall be lawful for her Majesty, from time
to time, by warrant under her royal sign manual, to
appoint one member (c) of such board in addition to the
members of such board which her Majesty may be autho-
rized to appoint under any other Act or Acts, and at
pleasure to remove the member so appointed ;
Board incorporated.] and such board shall for the
purposes of this Act be one body politic and corporate
by the name of ^^ The General Board of Health," and
by that name shall have perpetual succession (d), 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 lands, tenements, and
hereditaments for the purposes of this Act.
Sect. 8. Power to board to appoint and remove
assistant secretary, treasurer, ^c] And be it enacted,,
that it shall be lawftil for the said board from time to time
of the commifisions of sewers, dated 30th November and 4th
December, ]847, nor to the parts subject to the jurisdiction of the
commissioners acting in execution of the Act 5 Geo. 4, c. 100, for
more effectually paving, lighting, watching, &c., the Begent's-park,
and the several Acts extending the jurisiUction of those commis-
sioners. Consequently the general board of health have no juris-
dictioa in any matter within the Metropolitan Burial District,
other than they derive under this Act ; or under ^' the Nuisances
Removal and Diseases Prevention Acts, 1848, 1849," when the
portions of those latter Acts which relate to the prevention of
epidemic, endemic, and contagious diseases, are put in force by an
order in council.
(c) This additional member will act in the execution of the
general powers of the board, and not exclusively in carrying th^
provisions of this Act into effect.
(d) This, does not perpetuate the powers of the board, but
refers to the corporate character conferred upon it. See sect. 4.
'Duration of Appaintntenti, 3
to appoint or employ for the purposes of this Act (e),
an assistant secretary^ a treasurer, and such clerks and
officers, and for and in each burial ground to be pro-
vided by the said board under this Act, a warden, and
such assistants, grave-diggers, and other servants as
they deem necessary, and to remove such assistant
secretary, treasurer, clerks, wardens, officers, and ser-
vants, or any of them.
Sect. 4. Appointments limited to duration of ap-
poin^mentsunderPublie Health Act.] Andbeitenacted,
that no additional member of the said board to be
appointed under this Act, and no assistant secretary,
treasurer, or other officer to be appointed as aforesaid,
shall hold his office after the expiration of the period
for which "The Public Health Act, 1848," provides
that the said general board of health shall be con-
tinued (/*).
Sect. 5. Board to provide offices.] And be it
enacted, that the said board shall provide such offices
as they may think necessary for the purposes of this
Act, and for providing such offices may purchase by
agreement or take on lease any lands which may
appear to them convenient for the same.
(tf) It would appear that the Act contemplatee the appointment
of a staff of officers, for the parposet of this Act, distinct fi*om
the existing staff appointed under the General Board of Health
Act. For the salaries of the new staff of officers, as well as of the
additional member of the board, are to be paid out of the fees
received under the Act (sect. 42,) whilst the salaries of the old
staff are paid out of the consolidated fund.
(/) The duration of the Public Health Act is limited to five
years from the 3 1st August 1848, and thenceforth until the end
of the then next session of parliament.
4 18 A 14 Ttet. e. 62, ss. 6,7.
SfeOT. 6. Power to hoard to provide burial grounds^
and eniarge them if neeessim/.] And be it enacted,
that the said board shall from time to time provide, in
sttch places as, having regard to the public health, may
appear to them expedient, and either within or without
the limits of the district, burial grounds of sufficient
extent for the decent interment of the bodies of all
persons dying within the district (p) ; and it shall be
lawful for the said board, from time to time, in case it
appear to them necessary or expedient so to do, to
enlarge any burial ground provided by them under
this Act, and to make any road to such burial ground,
or, with the consent of the owner of any existing
road, or of the persons in whom the management
thereof may by law be vested, to widen or improve
such existing road, for facilitating the approach to such
burial ground ;
Power to purchase lands for burial grounds,] and
for providing any burial ground under this Act, or
enlarging any soch burial ground, or making, widening,
or improving roads or approaches thereto, it shall be
lawftd for the said board to purchase by agreement
any lands which it may appear to them expedient to
purchase for such purpose.
Sect. 7. Power to board to purchase cemeteries,]
Provided always, and be it enacted, that for the pur-
(g) These burial grounds are to be provided for the interment
of the bodies of persons dying toithin the district. But there is
nothing in the Act to prevent the bodies of persons dying beyond
the limits of the district being brought for interment to any such
burial ground, but not as of right, unless they be parishioners or
inhabitants; for the 14th section only gives the right of sepulture
in the burial grounds established under the Act to the parishioners
and inhabitants of the several parishes within the district
Purchas$ of Land for Burial Oroundi. 6
poKB of tills Act the Mid board maj^ if thej see fit,
purchase and take bj agreement or otherwise all or
any of the cemeteries mentioned in the schedule (B.)
to this Act (h)f subject to the rights to graves, Taults^
and monuments subsisting therein^ and subject to such
subsisting rights^ and save as herein-after mentioned,
all the provisions of this Act concerning burial grounds
provided thereunder shall extend to the cemeteries
purchased as aforesaid; provided that no such ceme»
terj shall be taken otherwise than by agreement after
the expiration of two years from the passing of this
Act (t).
Sect. 8. Before purchase of land for burial grounds
the board to give six weeks notice by advertisement for
tenders.] Provided always, and be it enacted, that
(A) The cemeteries which the board will be empowered to par-
ehaae under this Act are the following : Highgate, containing
18 acree ; Nunehead, 60 acres; Victoria Park^ 11 acres; City of
London and Tower Hamlets, Mile End, SO acres; West of London
and Westminster, EarPs Court, Brompton, 99 acres ; South He-
trapoUtan, Norwood, 50 acres; Kensal Green, 64 acres; and
▲bney Park, 80 acres ; or together about 282 acres, of which on^y
about 17 acres have as yet been used.
({) Under this section the board is empowered to purchase the
cemeteries in question ; but if they do not do so within two
years from the passing of the Act, that is, prior to the 5th August,
1852, they will be precluded from purchasing them, otherwise
than by mutual agreement with the companies.
The Act does not specify in what manner the value of the interest
of the companies in the cemeteries is to be ascertained. But it
incorporates with it (see section 00), '* The Land Clauses Conso-
lidation Act, 1846," so for as respects such purchases, and oonh-
pensation to persons interested in non-parochial burial grounds ;
and that Act provides tor the matter being referred to arbitration,
or to a Jury when the parties cannot agree.
Section 75 provides for the dissolution of cemetery eompanies
after the purchase of any of the cemeteries.
6 13 & 14 Ttet. e. 52, m. 8, 9.
before the said board enter into any agreement for the
purchase of any lands as aforesaid for the site of
any burial ground, (save any such cemetery as afore^
said, or any land required for enlarging any such
cemetery or burial ground), they shall give public
notice, by advertisement to be inserted not less than
twice in each of two daily newspapers published in
London or Westmimtery inviting tenders by persons
willing to sell lands for the purposes' for which the
same are required by the said board; and no such
agreement for purchase as aforesaid shall be entered
into by the said board until the expiration of si$ weeks
from the time of the insertion of the first of such
advertisements (J).
« ^
Sect. 9. Board to enclose and lay out burial
grounds, erect buildings, and build chapels.] And be
it enacted, that it shall be lawful for the said board to
enclose and lay out the burial grounds provided under
this Act, in such manner, and to erect and make' therein
such buildings and other works, as may appear to them
fitting and proper, and to build in every such burial
ground a suitable chapel for the performance of burial
service according to the rites of the united church of
England and Ireland, or where there is any chapel,
already built, and consecrated according to the rites of
the said united church, in any cemetery purchased
under this Act, to enlarge such chapel, if it appear to
the said board necessary so to do for the performance
of such service ; and . every such chapel, and every
burial ground provided under this Act, except such
portion thereof as may not be intended to be used for
(J) See sect. 68, which requires the approbation of the com-,
inissioners of her Majesty's treasury to any purchase about to be
made by the board when the purchase money exceeds lOOZ. .
. . 'Appointment of Chaplains* . 7
the barial of the dead according to tlie rites of the
said united church; may be consecrated by the lord
hishop of the diocese within which such chapel is
^itnated ; and every chapel consecrated according to
the rites of the said united church in any burial
ground provided under this Act; and the portion conse-
crated as aforesaid of every such burial ground^ shall
be subject to the jurisdiction of the said bishop, and
no service shall be performed in the burial of the dead
in the portion consecrated according to the rites of the
said united church of any burial ground provided under
this Act otherwise than according to the rites of such
church (k).
Sect. 10. Power to board to appoint chaplains, who
shall he licensed by and subject to the jurisdiction of
the bishop.] And be it enacted, that the said board
shall from time to time appoint so many clerks in holy
orders as they may think necessary to be chaplains to
officiate in the burial grounds provided under this Act,
and such chaplains shall be licensed by and subject to
the jurisdiction of the bishop of the diocese (2), and
the consent of the incumbent of the parish in which
any such burial ground may be situate shall not be
required to the grant of any such licence, and every
such licence shall be revocable by the said bishop when
he thinks fit ; and the said board may assign to such
chaplains such duties in relation to the time and place
(k) See sect 1 1 , with respect to the onconsecrated portion of the
burial ground.
(I) In the bill as originally introdaced^ it was proposed that
the Bishop of London only should have spiritual jurisdiction over
the cemeteries. But as the Act now stands, the. biahop of the
diocese in which the cemetery is locally situate has jurisdiction.
See also s. 64, and Cemeteries Clauses Act, 1845.
8 13 & 14 TicL e. 52, m. 10,11. .
of the performance of the borial service in the portions
consecrated as aforesaid of the burial grounds provided
nnder this Act as the said board may from time to
time think fit ; and the said board shall have power to
remove such chaplains (m); provided always^ that the
incumbent of the parish from which any body is
brought may, by himself or his curate, upon giving
notice as herein-after mentioned (n), perform such ser-
vice over such body, where he desires so to do, and,
subject to the rights of such incumbent and the regu-
lations of the said board, any other clerk in holy orders
not prohibited by the bishop, nor under ecclesiastical
censure, may perform such service.
Sect. 11. A portion qfeaeh burial grownd not to be
eomecratedJ] And be it enacted, that a portion of every
burial ground provided under this Act shall not be
consecrated as aforesaid, and the said board may build
thereon a suitable chapel or chapels for the perform-
ance of funeral service ; and so much of any of the
cemeteries mentioned in the said schedule (B.) which
shall be purchased under this Act as may not have
been consecrated at the time of such purchase thereof,
and may have been used or appropriated for the pur^
poses of interment, shall remain unconsecrated, and
where there is any chapel on such unconsecrated part
of any such cemetery, the said board may, if they think
necessary, enlarge such chapel for the performance of
funeral service, (o)
(m) The bishop, by the first part of this section, is empowered
to revoke the chaplain's HoencOj and that revocation would in
effi^et remove him firom his office.
(n) See sect. 14.
\o) As to interments in such portions of burial grounds, and fees,
see sects. 15, 38.
NoUee ofBvaial Onmnd being promded. 9
Sbct. 12. Notice tobe given in the London Oazette
when a burial ground it provided under this Act.] And
be it eaaetedy that when the said board have provided
any burial ground, and have made all soeh arrange*
ments as they may think necessary for the interment
in such ground of the bodies of the dead, and after
the consecration of such portion thereof as may require
consecration, they shall give notice in the London
Oazette, that they have provided such burial ground,
and that interments may be made therein ; and after
such notice interments may be made in such burial
ground under this Act (p)
Sect. 13. Queen in eouneU ma^, upon report of
board, order discontinuance of interment in church^
yards, ^e.] And be it enacted, that when the said
board shall be of opinion that interment (otherwise
than in the burial grounds provided under this Act)
should be discontinued, wholly or subject to any
exception or exceptions, in any part or parts of the
district, they shall report to Her Majesty their opinion
accordingly, and so firom time to time when the said
board shall be of opinion that interment (otherwise
than as aforesaid) should be so discontinued in any
part or parts of tiiie district in which such interment
has not been already ordered to be discontinued, or in
any place excepted from any former order for the dis-
continuance of interment, they shall report to Her
Majesty in like manner {q) ; and at any time after the
(p) This section refers to the existing cemeteries as well as to
other burial grounds which may be provided by the board.
{q) It is important to observe that this section authorizes the
shutting up of existing burial grounds, ke,, notwithstanding the
board may not have provided other burial grounds under the pro-
visions of this Act.
10 13 & 14 Vict. c. 52, s. 13.
presentation of any such report it shall he lawful for
Her Majesty, hy and with the advice of her privy
council, to order that after a time mentioned in the
order interment in the churches, chapels, and church-
yards, and other burial places, and elsewhere within
any part or parts in any such report or reports and
in such order mentioned, of the district, shall be
wholly discontinued, or shall be discontinued subject
to any exception or exceptions mentioned in such
order; and any sucb order may direct that the
care of any non-parochial burial ground in which
interment is ordered to be discontinued shall be
vested in the said board, and may authorize such
"board to cause such ground to be fenced in such manner
as the said board may think suitable, and otherwise to
act in relation to such ground as may appear to such
bojEU'd fit and proper £)r securing due respect to the
bodies interred therein, and for protecting the publid
health (r) ; and every such order shall be published in
the Lomdon Gazette; provided that notice of every
such report, and of the time when it shall please Her
Majesty to order that the same be taken into con-
sideration by the privy council, shall be published in
the London Gazette, Bjnd shall be affixed on the doors
of the churches or chapels, or on some other conspicu-
ous plaees within the p^rt or parts of the district to
which such report relates, 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 epi-
demic, endemic, and contagious diseases to be put
. (r) Sect. 36 provides for compeiisation being awarded to
persons or sects interested in non-parochial burial grounds.
Miffht of Inhabitants to Sepulture. 11
in force («), is in force within such part or parts,
then seven days at the least before such report is so
oonsidered.
Sect. 14. Ifikabitants of parishes voUtprised in the
district, or within any part of the district, in which
interment is ordered to he discontinued, to have right
of sepulture in burial grounds provided * under this
Act.] And be it enacted, that, subject to the pro-
visions herein contained, and the regulations made
under this Act, the parishioners and inhabitants of the
several parishes and places within the district (after
the time £rom which interment has been ordered to be
discontinued in the whole district), or within any
part or parts of the district in which interment has
been ordered to be discontinued, after the time from
which interment has been ordered to be discontinued
therein, shall have the same rights of sepulture in the
portions consecrated as aforesaid of the burial grounds
provided under this Act as thej respectively would
have had in the burial grounds in and for their several
parishes and places (t) ; and the incumbent of every
(«) The Act here referred to empowers the lords of Her Mi^esty's
priyy council to put its provisions for the provention of epidemic,
endemic and contagions diseases, in force for a period not exceed-
ing six months, when any part of the kingdom shall appear to be
threatened with or affected by any formidable disease of that
nature. — See " Olen's Nuisances Removal and Diseases Pi^venHon
Acts, 1848 and 1840," third edition.
. (t) This provision confers upon the inhabitants of the district
the right of sepulture in the consecrated portions of the whole or
any one of the burial places to be provided by the board, but
this right will not vest in the inhabitants until '' after the time
from which interment has been ordered to be discontinued in the
whole district."
I
1!^ 13 & 14 Ttct. a. 62, s. 14.
saoh paxisli Bhall, by Iiimself or curate, upon giving
Buch notice as may be required in this behalf by any
such regulations as aforesaid, have the same rights and
authorities for the performance of religious service in
the burial of the bodies of the parishioners or inhabit-
ants of his pariah in the portions consecrated as a£6r^
said of the burial grounds provided under this Act as
if the same were burial grounds of such parish (n);
and the parishioners and inhal»tants and the incum>
bent of every such parish and place shaU respectivdy
have such rights as aforesaid, notwithstanding the
exception from any order for discontinuance of inter-
ment of any burial ground or burial grounds, or right
of burial in any burial ground or burial grounds, in or
belonging to any such parish or place, unless in such
order as aforesaid any burial ground or burial grounds
so excepted be declared to be continued for such parish
or place in Ueu of aQ rights of the parishioners and
inhabitants to sepulture in the burial groimds provided
imder this Act; and for the purposes of the enact-
ments of the laws relating to the poor which concern
the burial of the bodies of poor persons, and of all
other enactments under which burials are authorized
or directed to take place in the burial ground of or
belonging to a parish or place, the burial grounds pro-
vided under this Act shall be deemed to be burial
grounds of and belonging to the several parishes and
places within the district (t?).
(u) See the proviso to section 10.
(v) With resx)ect to paupers^ it is enacted by the 7 & 8 Vict,
e. 101, s. 31, that the bodies of poor persons buried at the ex-
pense of the poor rates shall, unless otherwise desired by the
deceased person daring his or her life time, or the wife or husband
or next of kin, be buried in the churchyard or other consecrated
burial ground in or belonging to the parish or place in which the
death may have occurred ; hence this provision.
Unconseerated Burial Orounds. IS
Sbct. 15. As to iniermewts in uneonseerated par*
tians of burial grounds.] And be it enactedi that
subject to the provisions herein contained, and the
regalation made under this Act, the portion not con-
secrated as aforesaid of any burial ground provided
under this Act shall be used for the interment of the
bodies of persons dying within the distriot, when the
relatives or other persons having the care and direction
of the funerals desire to have such bodies so interred ;
and such bodies may be there interred in such manner,
and with such religious service, rites, or ceremonies, as
such relatives or persons having the care and direction
of the funerals may think fit; and the said board may,
upon the request of members of separate religious
denominations or sects, and upon such terms and con-
ditions, not inconsistent wi^ the known tenets or
usages of such religious denominations or sects, as the
said board may think fit, permanently appropriate and
set apart or cause to be enclosed separate parts of the
portion not consecrated as aforesaid of any burial
ground provided under this Act, to be used for the
exclusive interment of the bodies of persons of such
separate religious denominations or sects (w).
Sect. 16. After publication of order for discontinu-
ing interment, no buried to take place contrary thereto^
And be it enacted, that after the publication in the
London Gazette of any order of Her Majesty in coun-
cil made under this Act ordering the discontinuance of
interment, it shall not be lawful, afl;er the time in such
(to) Under the latter pert of tbis chtiue portioiis of burial
grounds may be appropriated for tbe ezclnsive use of members of
the Jewisk persuasion and other sects.
With respeet to the payment of fees for religioiis rites in
imoonsecrated ground, see seet. 88.
14 .13 #• 14 Viet. e. 52, ss. 16, 17.
order mentioned^ to bury the dead in any church,
chapel, churchyard^ or burial place, or elsewhere, with-*
in any part of the district in which interment has by
any such order been' ordered to be discontinued, ex-
cept as in such order excepted, and except in the burial
grounds provided as aforesaid, and as otherwise autho-
rized by this Act (x); 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, in any such'
church, chapel, churchyard, or burial place, or else-
where, vnthhi any such part as aforesaid of the district,
except as in any such order excepted, and except in
any burial ground provided as aforesaid, or as other-
vrise authorized by this Act, shall be guilty of a mis-
demeanor (y).
Sect. 17. Saving of certain rights to hury in vaults,
^c] Provided always, and be it enacted, that where
by virtue of any faculty legally granted (z)y or by
usage or otherwise, there is, at the time of the passing
of this Act, any right of interment in or under any
{x) See sect. 19 with respect to the operation upon existing
cemeteries of the order in council authorized by this section.
. (y) That is, after being legally conTicted of the 9!S&i(;e, wliich
being one committed against the public any one can prosecute
tltlB ofibnder.
(z) A faculty to be legal must haye been granted by the ordi-
nary, after public notice given to the parishioners of what was in-
tended to be done under it. It must haye been to a parishioner;
and be annexed to a mansion within tHe^arish. Bryan y. Whist'
l6r, 2 M. & R. 318 ; 8 B. & C. 288. It must be lunited in the
same manner as faculties for pews, 'f to the use of the fiunlly' aa
long as they continue parishioners and inhabitants." Magnay y.
St. MicJuiel, 1 Hagg. R. 48. No exclusive right of burial in a
vault can be granted by a rector, but only permission to bury
therein at each particular time. Bryan y. Whistler. j
St. PauTs and Westminster Abbey. 15
church or chapel, or in any vault of any churchy
chapel, churchyard, or burial ground, and where any
exclusive right of interment in any cemetery or burial
ground has been purchased or acquired before the
passing of this Act, it shall be lawful for the said board
from time to time, on application being made to them,
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 the said board
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.
Sect. 18. Saving as to St PauTe Cathedral and
Westminster Abbey,] Provided also, and be it enacted^
that nothing herein contained sliall extend to prevent
the interment in the cathedral church of Saint PauVs
London^ or in the collegiate church of Saint Peter's
Westminster, of the body of any person, where hei;
Majesty, by any writing under her royal sign manual,
shall signify her pleasure that the body be so in-
terred (a).
Sect. 19. Order to be suspended till compensation
(a) This section appears to have reference only to interment in
the inierior of St. Paul's or Westminster Abbey. But nnder
section 17 the board of health would be authorized to grant
Ucence for the interment of the body of any person claiming during
his lifetime a prescriptive, or other right to interment within the
precincts or in the cloisters of Westminster Abbey.
16 13 ^ 14 Viet. e. 52, ss. 19, 20, 21.
money is paid.] Proyided also, and be it enacted, that
where any such order of Her Majesty in council shall
affect any cemetery mentioned in the schedule (B.) to
this Act, and not previously purchased by the said
board, the operation of such order as to such cemetery
shall be suspended until the compensation in respect of
the discontinuance of interment in such cemetery imder
such order, which may be payable under this Act to
the company to which such cemetery belongs, has
been paid; and upon payment of such compensation
such cemetery shall vest in the said board, subject to
the rights subsisting therein, so far as such rights are
not inconsistent with such order as aforesaid or with
the provisions of this Act. ^
Sect. 20. Pofver to remove bodies to burial grounds
provided under this Act.] And be it enacted, that it
shall be lawful for die relatives of any deceased person,
with the consent of the incumbent or other person
having the care or control of any church, chapel,
churchyard, cemetery, or other place within the dis-
trict in which the body of such deceased person has
been interred, and with the consent of and subject to
the regulations of the said board, and upon payment
of such fees as may be fixed by the said board, to
cause such body to be removed to and interred in any
burial ground provided under this Act, without any
feculty for that purpose (J).
Sect. 21. Fees to be paid upon interments.] And be it
enacted, that there shsdl be paid upon all interments
^*^WMi«b^k«
(b) This section authorises the ezhnmation of bodies already
inteited ^thin the district, whether in a yatdt or in the open
burial ground, and tfa^ removal for the purpose ofre-^lntermait
to any of the borial grounds to be inrovided under this Act
Maikiaement of Burial Oroundt. 17
in the burial grounds proTided under this Act such
fees or sums as the said board shall from time to time
fix in this behalfy with the approbation of one of Her
Migesty's principal secretaries of state^ and such fees
or sums shall be paid to the wardens of such grounds,
or such other officers of the said board as may be by
them authorized to receive the same ; and a table of
such fees or sums shall be printed and published^ and
shall be fixed and continued on some conspicuous part
of every such burial ground (c).
Sbct. 22. Management of burial grounds to be vested
in the board.] And be it enacted, that the said board
shall provide for the maintenance, planting, decoration,
and care of the burial grounds provided under this
Act, and shall' have the direction of the order and
course in which such grounds and the several parts
thereof shall be opened and used for the purposes of
interment, and the times at which interments in such
burial grounds may take place; and, subject to the
provisions of this Act, the general management and
control of such burial grounds shall be vested in and
exercised by the said board.
Sect. 2S. Board may make regulations as to burial
grounds and interments therein.] And be it enacted,
that the said board may make regulations froih time to
(c) It is presumed that these fees are to be jMtid previous to the
interment taking plac«. But the danse is defeetiye in not pro-
Tiding for their recovery in the erent of their not being so paid.
This however the board may remedy, by the regnlaHons which
they are empowered to make nnder sect. 23, and they may also
by those regulations prescribe the course to be adopted, in the
event of the refusal to pay the fees after the body is bnmght to the
burial ground and before interment.
C
18 13 ^ 14 Ttot. e. 52, ss. 83» 34, §5.
time as to die depth and formatioB of graves and places
of intennent, the nature of the coffins to be received in
the burial grounds provided under this Act, the time
and mode of removing bodies, the notice to be given
in respect of funerals, and generally as to all matters
connected with the good order of such burial groimds,
and the conv6nient exercise of the rights of interment
therein; and such regulations shall be printed aad
published, and shall be fixed and continued on some
conspicuous part of every such burial ground.
Sect. 34. Board not to permit buriah mthin £00
yards of any dwelling , or under or close to chapebJ]
Provided always, and be it enacted, that the said board
shall not permit any body to be buried in any burial
ground provided under this Act, and not previously
used as a cemetery, within two hundred yards of the
nearest place on which any dwelling is erected, exe^t
only any dwelling or dwellings of such officer or offi-
cers of the said board as they may require to be resi-
dent on the spot for the care of any soek burial
ground; and no body shall be buried under any chapel
in any such burial ground, nor within ten feet of the
outer wall of such chapel (d).
Sect. 25. Register of burials to he kept, and to he
evidencef and stuhject to the regulations ofQ^l W. 4;
c, 86, as to searches.] And be it enacted, that all
burials within any burial ground provided under this
Act, as well in the part not consecrated as afo;:esaid as
in the part sa consecrated, shall be registered in regis-
(d) This clause will not affect tbe cemeteries already estab-
lished, if they be purchased as burial grounds by the board., In
the, C^meterie^ Clauses Act,. 1847, jy'teen feet from the -outer waJI
of the chapel is the distance named.
MegUter of Buriaii. 19
ter books to be provided by the said board and kept
for that purpose, accordin^^ to the laws in force by
which registers are required to be kept by the rectors,
vicars, or curates of parishes or ecclesiastical districts
in England^ by the warden of such burial ground or
oth(^ officer appointed by the said board to that duty,
in which register books shall be distinguished in what
parts of the burial ground, and whether in the portion
consecrated as aforesaid or the portion not so conse-
crated of such ground, the several bodies the buriaLa of
which are entered in such register books are buried ^
and such register books shall be kept or indexed so as
to facilitate searches for entries in such books in respect
of bodies brought from the several parishes and places
within the district {e)\ and such register books, or
copies or extracts therefrom, shall be received in all
courts as evidence of the burials entered therein; and
eopies or transcripts of such register books, signed by
such warden or other officer as aforesaid, shall be from
time to time sent to the registrar of the ecclesiastical
court of the bishop of London^ to be kept with the
eopies of the other register books of the parishes within
his diocese ; and the said register books, so far as re-
spects searches to be made therein and copies and ex-
tracts to be taken therefrom, shall be subject to the
same regulations as are provided by an Act passed in
Idle seventh year of King WiUiam the Fourth, intituled
(e) The general board of health will preaeribe the form and
mode in which these registers shall be kept. The most conve-
nient method would be to have a distinct register for each parish
or place within the district, and a separate index for each such
register, and then a general index of all the interments which take
place within the burial ground. Or one general register may be
kept and a double index made containing, first, the names of the.
deceased persons, second, the names of the parishes or places from,
whence- their bodies were brought fot interment.
C 2
20 18 ^ 14 Vict. c. 52, ss. 26, 26.
An Act for registering Births, Deaths, and Mar^
riages in England, so far as such regulations relate to
register books of burials kept bj any rector, vicar, or
curate (/).
Sect. 26. Certificate of registry of death, or eoro-
nef^s certificate, to be delivered to officer appointed to
keep burial registers.] And be it enacted, that where
the body of any person is buried in any burial ground
provided under this Act, the certificate of the death of
such person having been duly registered, or the coro-
ner's certificate of his order for the burial of the body
of such person (as the case may be), by the said Act
of the seventh year of King William tie Fourth re-
quired to be delivered to such minister or officiating
person as therein mentioned, shall be deHvered to the
warden or other officer appointed to keep the register
books of burials in such burial ground (^) ; and if any
(/) The 6 & 7 W. 4, c. 86, s. 3, enaets "that every rector,
vicar, or curate, and every registrar, registering officer, and seere-
tary, who shall have the keeping for the time beingof any register
book of births, deaths, or marriages, shall at all reasonable times
allow searches to be made of any register book in his keeping,
and shall give a copy certified under his hand of any entry or
entries Id the same, on payment of the fee herein-after mentioned:
that is to say, for every search extending over a period of not
moi*e than one year the som of one shilling, and sixpence addi-
tional for every additional year, and the sum of two shillings and
sixpence for every single certificate." It must be borne in mind
that registration of the interment under this Act will not super-
sede the necessity for registering the death as heretofore.
(g) The following is the provision here referred to (6 & 7 W. 4,
c. 86, 8. 27), " Every i*egistrar immediately upon registering any
death, or as soon thereafter as he shall be required so to do, shall,
without fee or reward, deliver to the .undertaker or other person
having charge of the funeral a certiflcateunder his hand, aooord-
ing to the form in the schedule to the Act, that such death has
Certifidates of Registry of Death. 31
body is buried in such burial ground for which no
such certificate has been delivered to such warden or
other officer as aforesaid, such warden or officer shall,
within seven days next after the burial of such body,
give notice of such burial to the registrar of the dis-
trict in which the person whose body was so buried
died ; and every such notice shall contain the name
and surname, sex, age, rank, profession or occupation,
and the residence at the time of death (A) of the said
person, or as many of such particulars as may be
known to such warden or other officer (i) ; and such
lieen daly reg^tered, and such certificate shaU be delivered by
such undertaker or other person to the minister or officiating per-
son who shall be required to bury or to perform any religpious
serrice for the burial of the dead body, and if any dead body shall
be buried for which no such certificate shaU have been so deli-
vered the person who shaU bury or perform any funeral or any
religious service for the burial shall forthwith give notice thereof
to the registrar: Provided always, that the coroner, upon holding
any inquest, may order the body to be buried, if he shall think
fit, before registering of the death, and shall in svch case give a
certificate of his order in writing under his hand, according to the
form in the schedule of the Act annexed, to such undertaker or
other person having charge of the funeral, which shaU be deli-
vered as aforesaid ; and every person who shall bury or perfoim
any fimeral or any religious service for the burial of any dead
body for which no certificate shall have been duly made and deli-
vered as aforesaid either by the registrar or coroner, and who
shaU not within seven days give notice thereof to the registrar,
shall forfeit and pay any sum not exceeding 102. for every such
{h) If the residence at the time of death be not known, that
fiict should be so stated in the notice, and in such case it would
be proper to specify the parish, place, or locality in which the
dead body was found; for instance, the body may be found
drowned in the river, and be unclaimed.
(i) It will be the duty of the warden or other officer to ascer-
tain these particulars, by inquiry of the person having charge oi
the funeral or the parties accompanying the body to the grave.
22 IS # 14 Vict. e. 62, ss. 26, 27.
warden or other officer/ upon failure to give such
notice witliin the time aforesaid, shall be subject to
the forfeitore imposed by the said Act (j), on a person
burying or performing any funeral or any religioog
service for the burial of any dead body for which no
such certificate has been duly made and delivered, and
not giving notice thereof as thereby required, and the
provisions of the said Act for and wit^ respect to the
recovery and application of forfeitures thereby imposed
AsH be applicable to such forfeiture (h); and no per*
son, save such warden or officer as aforesaid, shall in
the case of any such burial ground be subject to such
forfeiture for not giving notice of such burial to the
registrar.
Sect. 27. Board may provide houHS for recepium
and care of bodies previously to interment.'] And be it
enacted, that the said board may, at any time after
the passing of this Act, build or otherwise provide, in
such places as they think fit, houses for the reception
and care of the bodies of the dead previously to and
until interment, and make arrangements for the recep-
(/) Namely, a mm not ezoeeding 102. for every oflfence.
<ik) UDder the 6 & 7 W. 4, c. 86, s. 46, finee and forfeitures
Impoaed by that Act are to be vecovered brfore any two JuatioeB «f
the peace for the ooimty, dty, or place where the ofl^oe ahaU
have happened,- apon the information and complaint of any per-
son ; and in the event of such fines and forfeitores not being paid
to conviction, the same, along with tiie costs of tiie conviction,
shall be levied by distress and sale of the goods and diattels of the
olfonder, and for want of distress the Justices may commit the
oflteder to the common gaol or house of correction for the county,
city, or place where the oifonder shall be committed, without bidl
or mainprise, for any term not exceeding one calendar month,
and one moiety of the penalty shaU go to the infonnor and the
other moiety to the Queen.
■ QnUraets fifr Ftmerali. 23
iion and caie of such bodies therein^ and appoint fit
officers for such houses of reception ; and to carry into
effect such arrangements^ and for providing such
houses of reception^ the said board may purchase by
agreement or take on lease such lands or buildings as
they may think fit (Q.
Sbgt. S8. Board ma/y make pramsion for funeraU
heing conducted a/tjixed charges.] And be it enacted^
that for securing^ in the cases of interments in the
burial grounds provided under this Act, to persons
having the care and conduct of the funerals, the means
of having the same conducted according to a just and
regulated scale of chaiges, the said board may from
time to time invite and receive tenders for contracts
for . the undertaking of such funerals according to
classes anranged with reference to the nature and
amount of the matters and services to be furnished
and rendered, but so that in respect of the lowest of
such olasses the funeral may be conducted with de*
eency and solemnity; and every such tender shall
specify the parish or place or several parishes or places
from Which the person proposing to become a contrac-*
tor is willing to remove bodies, and the class or classes
and number of funerals he is willing to undertake;
and the said board may enter into such contracts with
— -— — ■ -
(J) This is a most important provision as regards the poorer
classes ; in reference to which see Introduction, page xiii.
It will be optional with the surviving relative, or the parties in
Whom eare a dead body shall be previous to intermenti whether it
ihaU be removed to a reeeptiim house ; and it would seem that no
charge is contemplated by the Act to be made for its reception
therein. Section dO provides for the appointment of medical or
other officers^ who, when the persons having the direction of the
funeral shall so denire, are to cause the body of the deceased to
be removed to a reception house.
24 13 & 14 Viet. e. 52, s. 38.
any persons as they may think necessary (each of
which contracts may extend to one parish or place or
part of a parish or place within the district, or include
more than one such parish or place), binding suofi
contractors with the said board to undertake during
specified terms or periods funerals of persons dying
within the limits in such contracts respectively men-
tionedy or any class or number of such fionerals^ accord-
ing to a fixed scale of payments, and with such stipu-
lations as may appear to the said board necessary for
insuring the decent performance of such funerals ; and
the said board may, if they so think fit, enter into dis-
tinct contracts for the furnishing and rendering by
different contractors of the various matters and services
requisite for the funerals in relation to which the said
board are herein-before authorized to enter into con-
tracts, and the said board shall publish notices of the
scale of payments to be made for funerals undertaken,
or matters or services to be furnished or rendered, by
such contractors, and such other notices as the said
board may think fit, for the information and conve-
nience of persons desirous of having funerals conducted
by such contractors; and upon notice by or on behalf
of the persons having the care and dii«ction of any
9uch funeral of their desire to have the same con-
ducted, or any matters or services requisite for the
same furnished or rendered, as aforesaid, and of the
class according to which they are desirous the same
should be so conducted, furnished, or rendered, being
given to any contractor who, according to the terms of
his contract with the said board, may be liable to un-
dertake such funeral, or to furnish or render such
matters or services, such contractor and the party by
or on behalf of whom such notice may be given shall
respectively have the like rights and be subject to the
Contracts nAth Railway Companies* S5
like liabilities in respect to the perfonnfuice of such
funeral^ or the fumi^ing or rendering of such matters
or services (as the case may be)^ and the payment for
tile same, as if such contractor had agreed with such
{^erty to undertake the funeral referred to in such
notice, and to furnish and render all such matters and
services, and of such nature and description, as by the
scale fixed by his contract with the said board shall be
prescribed in this behalf in respect of the class men-
tioned or referred to in such notice, or (as the case
may be) to fiimish or render the matters or services
required by such notice *according to such scale, in
consideration of payment according to such scale (m).
Sect. 29. Board of health may enter into eontraets
with railway companies for carrying out bodies^ toge-
ther with maun^erSf ^c] And be it enacted, that it
shall be lawful for the board of health and the direc-
tors of any railway company, if they shall see fit (n),
to contract for the carrying out of bodies in properly
constructed carriages on the line of railway of such
company to any burial ground provided under this Act,
and for the carrying to and from such burial ground
of the mourners and attendants of the bodies so
carried, at such prices and charges, and for such term
(m) The classes will refer to the position in life of the deceased,
viz. gentry, tradesmen, artisans, labourers, or paupers. But it
will be optional with the survivon whether they wUl employ the
contractor or their own tradesmen to conduct the funeral.
(n) It will be optional with the railway directors to contract for
the conveyance of funerals along their line of railway. Whether
the contracts are to be made to apply only to those funerals
which are conducted by the contractors of the general board of
health, or to funerals conducted by other parties, would, it seems,
be a matter in which the board can. exercise their discretion.
C3
36 13 & 14 Ttet. e. 52, ss. 29, 30, SL
of years, as may be agreed, and every ooutract so
entered into by the directors of any railway company
shall be binding on such company and on all future
directors thereof, anything to the contrary in any Act
or special Act of such company notwithstanding, and
during the term of such contract such railway com*
pany shall carry as aforesaid any of the bodies to be
removed to the burial grounds provided under this Act,
and the mourners and attendants (where the persons
having the direction of the funerals desire to have
them so carried), at the rate of charge specified in such
such contract : provided always, that the charges agreed
and contracted for with the said board shall not pi^ndice
such railway company as to their charges for carrying
any bodies other than the bodies to be removed to ihe
burial grounds provided under this Act, or as to their
charges, for the general business of carrying ordinary
passengera or things, any thing in any Act or special
Act to the contrary notwithstanding.
Sect. 30. Board may provide for removal, on rO"
quest of relatives^ of bodies to houses of reception.] And
be it enacted, that the said board may at any time after
the passing of this Act appoint medicid or other
officers, who in the case of deaths within the district
may, where the persons having the direction of the
funeral of the deceased so desire, cause the body of the
deceased to be decently removed to one of the houses
for the reception of the dead provided imder this
Act (o).
Sect. 31. Additional member and officers of board
to be paid such salaries as treasury may appoint.]
(o) See section 27.
Compemation to LummbenU. 27
And be it enacted, that there shall be paid to the
member appointed under this Act of the said board
the annual sum herein^after mentioned in that
behalf (p), and to the assistant secretary, treasurer,
and clerks, chaplains, wardens, and other officers and
servants appointed for the purposes of this Act by the
said board, such salaries, stipends, and wages as shall
be from time to time appointed by the commiBsioners
of Her Majesty's treasury (;)•
Sect. 32. Compemation to incumbents,] And be it
enacted, that to compensate incumbents for loss of fees
the said board shall, in respect of the burial within the
consecrated part of any burial ground provided under
this Act of any body removed from any parish within
the district (save where such body is buried at the
expense of any union or parish), pay to a separate
account to be kept by the treasurer of the said board,
to be called ^' The Burial Service and Incumbents
Compensation Fund," the sum of six shillings and two*
pence, and where such body is buried at the expense
of any union or parish a sum not exceeding one shil"
.Ung, and the board shall, out of the monies paid to the
said account, pay the salaries of all the chaplains of the
said board, and shall apply the residue of such monies,
so far as the same will extend (r), in payment to the
{p) Namely; a lalary not exceeding the annnal Mm of 1,2002.
leef. 48.
(q) See leet. 42, oi to the ftind out of which theie lalarief ihall
be paid.
. (r) The leparate fiind to be provided under thia clauie ia to be
chargeable, it wUl be seen, with two distinct claiiea of payments;
the salaries oi the chaplains of the new burial grounds, and com*
pensation annuities to incumbents of parishes within the district.
.Should the fund prove insufficient for the former of these purposes,
the defldency will be made up I^y a rate, not exceeding Id, in tho
88 13 & U Viet. c. 6% s. 32.
incumbent of every parish within the district in which
interment is discontinued under this Act an annuity
during^ his incombency, of such an amount as the
board, with the approbation of the commissioners of
Her Majesty's treasury, shall fix as a just compensation
for the loss of receipts in respect of burials, to be calcu-
lated on the average of the receipts in respect of
burials by ike incumbents of such parish during the
five years next before the passing of this Act ; and no
incumbent shall be entitled, under any Act of parlia-
ment or otherwise, to any payment, save as herein
provided (s), in respect of any interment under this
Act in any cemetery purchased by the said board, or
in respect of the removal of any body previously
interred to any burial ground provided under this Act :
provided always, that it shall be lawful for the commis-
sioners of Her Majesty's treasury from time to time,
upon any vacancy in the incumbency of any such
parish, to reduce the amount of the annuity to be
thenceforth payable as aforesaid to the incumbent of
such parish, in case it appear to them, having regard
to the duties of such incumbent, and the value of the
living, independently of any annuity under this Act,
just and expedient ae le 4b ; and the surplus, if any,
from time to tiuM of Ibe monies paid to the said
account^ after satisfying all the purposes aforesaid, may,
with the approbation of one of Her Majesty's principal
pound iu any one year, levied upon the ratepayers within the
dinti'ict, under sect. 54. But as the residue or overplus of the
ftind only is to be applied in pagnnent of compensation to the
incumbents, if it proves insuAcient Ibr the payment of the chap-
lains in any one year, the compensation to the incumbents will
cease until the fund becomes productive, and it will be a question
-whether the incumbents will be entitled to claim unpaid arrears
caused by the unpi^oductiveness of the fund in any one or niore yean.
(«) Namely, the annuity before referred to.
Compensation to Clerks and Sextons. 29
secretaries of state and of the bishop of the diocese,
be applied bj the said board in augmentation of the
incomes of the incumbents or ministers of any new
parishes^ district parishes, or district chapehries formed
within the several parishes from which such surplus
maj have arisen, and as near as may be according to
the proportions in which such several parishes may
have contributed to such surplus (t) : provided always,
that no income shall be augmented under this provision
so as to exceed three hundred pounds a-year (u).
Sbot. 33. Compensation to clerks and sextons.'] And
be it enacted, that for compensating clerks and sextons
for the loss of fees and sums now received in respect of
interments, the said board shall ascertain the yearly
average during the five years ending on the day of the
passing of this Act, in pursuance of any order under
this Act(v), of the fees and sums received by the
clerk and sexton of such parish in respect of inter-
ments in the church and burial ground of such parish,
(t) This will render necessary the keeping by the treasurer of
yery exact accounts of the respective parishes contributing to
the fund by the number of burials.
(tf) That is, no income of any one incumbency. If an incnm-
bent holds two livings within the district, they may both be aug-
mented to 8002. But inasmuch as the augmentation is permissive
only, in the case of a double incumbency, the value of which
exceeded 8002. a year, it is presumed that the secretary of state
and diocesan would withhold their sanction to any augmentation
in sue ha case.
(v) The words, '* in pursuance of any order under this Act," as
they stand here have no application, and must be read as sur-
plusage. The original bill was amended by inserting *'ontbe
day c^ the passing of this Act," in lieu of ** on the day from which
interment is discontinued in any parish," and the omission to
strike out the words ** in pursuance of any order under this Act,"
appears to have been an oversight.
30 18 & 14 Vict, c 62, s. 33.
and (under ftnj Act of parliament or otherwise) of
interments in any cemetery of bodies removed from
such parish; and the said board shall^ with the
approbation of the commissioners of Her Majesty^s
treasury, pay to any person who is at the time of the
passing of this Act, and on the day from which inter-
ment is discontinued as aforesaid continues to be,
clerk or sexton of such parish, and so long only as he
continues to be such clerk or sexton, an annuity of such
amount as may appear to the said board to be a just
compensation for such average receipts as aforesaid of
the clerk or sexton respectively of such parish, having
regard to the duties, and payment (if any) in respect
of duties, from which such clerk or sexton respectively
is relieved by the discontinuance of interment (x) ; and
all fees or payments accruing under any Act of par-
liament or otherwise to the clerk or sexton of any
parish, after the time from which interment is under
this Act ordered to be discontinued therein, in Tespect
of interments in any cemetery of bodies removed from
such parish, shall be paid over by such clerk or sexton
to the said board, to be by them applied as other
monies received by them under this Act (jy) ; and after
.th(B purchase of any cemetery by the said board all
I ' - — - -
(x) Note the distinction between this provision and the one
.contained in the former clause. The approbation of the treasury
to be obtained under this clause, is as to the payment of an
annuity at all ; . not the amount of it, that being a matter for the
exclusive consideration of the board. In the former daiise the
annuity is to be of such an amount as the board, with the apprO'
batian of the treasury, shall fbi,
(y) Under the Cemeteries Act, 1847, the company is required
on the burial of eirery body within the consecrated part of the
cemetery, except where the body is buried at the expense of any
parish or ecclesiastical district^ or union of perishes for the relief
of the poor, to pay to the clnrk of the parish or ecclesiastical
Qmpetuatian far ParoMoL JFkf. 31
such feea and payments in respect of interments
theroin shall cease to be payable: proTided always^
that where the said board provide employment under
this Act for any sexton who would be entitled to any
such annuity as aforesaidi such sexton shall not, in case
the annual amount of the emoluments arising from
soch employment be equal to or exceed the amount of
such annuilyy be entided to receive any payment in
respect of such annuity for the time during which he
continues in such employment and in the receipt of
such emoluments, or in case the annual amount of
such emoluments be less than the amount of such
annuity, then such sexton shall be entitled to receive
(for the time he continues in such employment and in
receipt of such emoluments) in respect of such annui^
the difiference only between the annual amount of such
emoluments and such annuity {z).
Sbct. 34. Compensation to be made for feee payable
forparoehial purposes.] And be it enacted, that where
fees or any portion of fees payable on interments in any
burial ground or place of burial in which interments may
be discontinued under the provisions of this Act are by
law payable to the churchwardens or vestrymen of any
district from which the body has been removed for burial, such
mm, if any, as shall be prescribed for that purpose in the special
Act ot the company.
(z) If any sexton when entitled to an annuity accepts of em-
ployment under this Act, and ceases to be sexton, he will not
be entitled to claim the continuance of the annuity should he
cease to be so employed, for this annuity is only to be paid $o
long as he continues to he sexton»
Note also, that the annuity will cease with the first holder of it,
and that it will not be continued to his successor, as is the case
with the incumbency of the paiisb*
82 13 ^ 14 Viet. e. 62, «. 34, 35.
parish or trustees or other persons for or towards anj
parochial purpose, or the dischar^ of any deht or liabi-
lity, the commissioners of Her Majesty's treasury shall
direct payment to be made by the said board to such
churchwardens, vestrjrmen, trustees, or other persons
after discontinuance of interment in such burial ground
or place of burial, under the provisions of this Act, as
compensation for the loss of such fees or portion of fees,
of an annuity of such amount and to be payable during
such term as may appear to the commissioners of Her
Majesty's treasury just, having regard to the sums
received in respect of such fees or portion of fees and
of any expenses from which such parish may be
relieved by the discontinuance of interments under this
Act, and to the purposes to which such fees or portion
of fees were or was legally applicable, such loss to be
calculated on the average of the sums so received, and
of such expenses as aforesaid, during the five years
next before the passing of this Act
Sect. 85. Debts incurred by parishes for purchase
qf burial grounds to be discharged by board where tlie
parishes are net entitled to be compensated by annuity. "]
And be it enacted, that where any burial ground or
land for a burial ground for any parish has been pur-
chased by any persons by law authorized in that behalf,
and any debt incurred by or on behalf of such parish
in respect of the purchase money of such ground or
land, or of any money borrowed for payment thei'eof,
or any annuities or annuity granted in respect of any
such purchase money, shall at the time of the discon-
tinuance under this Act of interment in such burial
ground remain owing from or charged upon such
parish, or upon any property thereof or rates to be
raised therein, and no annuity shall be payable under
. Nonrparoehial Burial Oraunds. 83
the provision herein-before contained, (a) to the church-
waidens or other persons on behalf of such parish as
compensation for the loss of any fees or portion of fees
on interments in such burial ground, such parish and
such property and rates respectively shall be indem-
nified by the said board against such debt, and all
interest to accrue thereon after the time of such dis-
continuance of interment, and all sums to accrue
paysble after such discontinuance in respect of such
annuities or annuity.
Sbot. 86. Compensation in respect qfnon^roehial
burial grounds.'] And be it enacted, diat where any
order for the discontinuance of interment as aforesaid
shall affect any burial ground other than the burial
ground of any parish, compensation shall be made by
the said board to all persons interested in such burial
ground for the loss or damage which may be sustained
by them by reason of the discontinuance of such inter-
ments as might lawfully have been made in such
ground in case interment therein had not been discon-
tinued under this Act, provided such persons shall
within three calendar months after the time from
which interment is, under such order as aforesaid, to
be continued in such ground, state in writing to the
said board the particulars of their claim for such loss
or damage ; and the expense which may be occasioned
to any body or sect by the necessity of making other
provision for such interments as might lawfully have
been made in such ground shall be deemed loss or
damage within this enactment, and may be claimed by
(a) iSee sect. 61, which together with this sectloii, refers to
extramural burial grounds already provided by some parishes, as
St James Westminster, St Martin's-in>the-Fields, and some others,
bat which have since become intramural.
34 13 > 14 Viei. e. 6% ss. 36, 37, 88.
the trustee or trusftees, or a majority of the trustees,
of such ground, though no profit or income would
haye been derived from such interments, (h)
• Sect. 37. Powfir to compensate individual righU
in closed buriul places hy the grant of equivalent rights
in the new grounds,] And be it enacted, that where
any vault or right of interment in any place of burial
in which interment is discontinued under this Act has
been acquired before the first day of May one thousand
eight hundred and fifty, and is at the time of such dis-
continuance of interment vested in a&y person as
private property, the said board m&y and shall, on appU-
cation being made to them within six calendar months
from the time from which interment is so disconti-
nued, grant such vault or right of interment in any
burial ground provided under this Act -as may be a
just equivalent for sueh first-^nentioned vault or
right (c).
Sbot. 38« Fee may, at the requeH of relatives, be
paid to minister performing service on interments in
utuxmseerated ground.] And be it enacted, that it shall
be lawfrd for the said board, on the request of the
relatives or other person having the care and direction
(b) 0iid«r this sedaon the rights of private indiyiduals in noii*
{)arochial burial grounds will be compensated; and if the parties
cannot agree with the board of health upon the amount of com-
pensation, recourse must be had to the Lands Clauses Consolida-*
tidn Act 1845y under which the matter in dispute can be submitted
to arbitration, or to a jury.
(c) See also sect 17, which empowers the board of health in
\Bertain cases to grant licenses for the exercise of the right
of interment in vaults and in burial grounds, notwithstanding
tiiey may have ordered Interment to be discontinued in tiie
particular burial ground.
Money to b^ paid into JBofA^ S&
of the ftmeral, to pay to the miniBter or person per*
forming religious rites or service on the interment of
any body in the unconsecrated portion of any burial
ground provided under this Act (save where such body
is buried at the expense of any union or parish), such
fee not exceeding six shillings and two-penoe, and
when such body is buried at the expense of any union
or parish such fee not exceeding one shillingi as the
said board many think fit (d).
Sect. 39. Money received by qfficen to be paid into
the bank.] And be it enacted, that all fees and sums
which shall be received under this Act by the wardens
or odier officers or servants of the said board on account
of the said board shall be by such wardens or officers
receiving the same forthwith {e) paid to the treasurer of
the said board, and by such treasurer forthwith {e) paid
into the bank of Ungland, to the credit of an account
to be intituled '^ the account of the general board
of health under the Metropolitan Interments Act,
1850."
Sect. 40. IVeasurer and others intrusted with money
to give security for duly accounting for the same.]
And be if enacted, that before the treasurer or any
officer or servant appointed under this Act shall enter
upon any office or employment under the board by
reason whereof he will or may be intrusted with the
custody or control of money, the said board shall re*
(jd) Note, that for burials in ancooBecrated ground, the whole
fee ii to be paid to the minieter, or other person performing the
religious rite or ceremony on the interment of the body, and that
it does not go to a distinct fund as in the case of other burials.
(«) By '^ forthwith" is to be understood within a reasonable
time, which the board of health wiU doubtless define the limit
of by their regulations.
38 13 & 14 Viet. e. 62, ss. 40, 41, 42, 43.
quire and take from him such security for the faithfiil
execution of such office or employment, and for duly
accounting for all monies which may be intrusted to
him by reason thereof, as they may think sufficient (/).
Sect. 41. As to payments out of the bank.] And
be it enacted, that the money to be paid into the bank
of ^England under this Act shall be paid out upon
drafts or orders signed by the treasurer, and counter-
signed by two or more members of the said board.
Sect. 42. Expenses under this Act to be defray^
out of monies received thereunder,] And be it enacted,
that the expenses of providing burial grounds, and the
salaries and wages of the member to be appointed
under this Act of the said board, and of all officers
and servants of the said board appointed under this
Act, the stipends of the chaplains under this Act, and
all other expenses of the said board under this Act,
inclusive of the compensations to be paid by them
thereunder, shall be defrayed out of the fees and sums
to be received by them under this Act, and in case
such fees or sums be at any time insufficient to defray
all such expenses, out of any rate or rates to be made
under this Act (g).
Sect. 43. Salary of additional member of hoard
of health,] And be it enacted, that the salary of the
additional member of such board to be appointed and
fixed as aforesaid shall not exceed the annual sum of
(/) It would seem that it was intended the board should haTe
a discretion not only as to the amount hut also as to the nature of
the secui'ity to be taken.
(ff) As to the fees to be authorized to be taken, see sect. 21. See
also sect. 54 as to levying a rate.
Mortgage of Fees, ^c. 37
twelve hundred pounds, and shall be defrayed out of
the. fees and sums received by the said board under
this Act (h).
Sect. 44. Fees, payments, and rates may be mort-^
gagedJ] Provided always, and be it enacted, that it
shall be lawfid for the said board, for the purposes of
defraying' any expenses incurred or to be incurred by
them in the execution of this Act, and with the appro*
bation of the commissioners of her Majesty's treasury,
io borrow and take up at interest any sums of money
necessary for defraying any such expenses; and for
the purpose of securing the repayment of any sums so
borrowed, together with such interest as aforesaid, the
said board may mortgage and assign over to the
persons by or on behalf of whom such sums are
advanced all or any of the fees and payments to be
received under this Act (i), and also the rates to be
made and collected under this Act (k); and the re-
spective mortgagees shall be entitled to a proportion of
the fees, payments, and rates comprised in their re-
spective mortgages according to the sums in such
mortgages mentioned to have been advanced ;
No priority amongst mortgagees.] and each mort-
gagee shall be entitled to be repaid the sum so ad-
vanced, with interest, without any preference over
any other mortgagee or mortgagees by reason of any
priority of advance or the date of his mortgage (/).
{h ) 1,^001. is here fixed as the maximum salary of the addi-
tional member of the board, but that sum is also the minimum
salary which is to be paid to him. See s. 31.
(i) See sect. 21.
Ik) See sect. 54.
ll) As to the foim of the mortgage. See s. 48, and ached. (C.)
S8 IS A 14 Viet. c. 26^ ss. 46, 46.
Sect. 45. Commisrioners of ptiblie works aotmg
under 6^6 Viet. e. 9, may make advances to tke
board.] And be it enacted, that it shall be lawful for
the commissioners acting in the execution of an Act
passed in the second session of the fifbh year of Her
Majesty's reign, intituled, An Act to authorize tke
advance of money out of the consolidated fund to a
limited amount, for carrying on public works and
^^Ukeries and employment of the poor, and to amend tke
Acts authorizing tke issue of excJiequer bills for tke
like purposes, and in the execution of any of the Acts
recited in that Act, or of any Act or Acts for amend-
ing or continuing the same Acts ot any of them, to
make advances to the said board, upon the security of
aD or any of the fees, payments, and rates to be re<-
eeived or made and collected by the said board under
this Act, and without requiring any further or other
security than a mortgage of such fees, payments, and
rates.
Sect. 46. Money may be borrowed at lower rates of
interest to pay off securities bearing a kigker rate.]
And be it enacted, that if the said board can at any
time borrow at a lower rate of interest than that
secured by any mortgage previously made by them,
and then outstanding and in force, it shall be lawAd
for them, with the approbation of the commissioners of
Her Majesty's treasury, so to borrow accordingly, in
order to pay off and discharge any of the securities
bearing a higher rate of interest, and to charge the
fees, payments, and rates which they are authorized to
mortgage under this Act with payment of the sum so
borrowed, together with the interest thereon, in such
manner and subject to such provisions as are herein
Pamer to Borrrow Jfanpjf. SO
eontained with respect to other monies borrowed upon
mortgage (m).
Sbct. 47. Power to borrow money to pay off former
mortgages.'] And be it enacted, that if at the tim$
appointed in any mortgage deed for payment of any
principal money secured thereby the said board are
unable to pay off the same, it shall be lawful for them^
with the approbation of the commissioners of Her
Majesty's treasury, to borrow such sum of money as
may be necessary for the purpose of paying off the
whole or any part of the said principal money, and to
secure the repayment of the money so borrowed, and
the interest to be paid thereon, in the same manner in
all respects as in the case of money borrowed for de-
fraying expenses incurred by the said board in the
execution of this Act.
Sect. 48. Form ofm^ortgage.] And be it enacted,
that every mortgage authorized to be made under this
Act shaU be by deed duly stamped, truly stating the
date, consideration, and the time of payment, and
shall be sealed with the seal of the said board, and
may be made according to the form contained in the
schedule (C.) to this Act annexed, or to the like
effect, or with such variations or additions in each case
as the said board and the party advancing the money
intended to be thereby secured may agree upon ^
Register of mortgages.'] and there shall be kept at
the principal office of the said board a register of the
mortgages under this Act ; and within fourteen days
after the date of any mortgage an entry shall be made
I ■ - k
(m) This and the following clauses relating to mortgages luive
been adapted from tbe Commissioners Clauses Act, 1847, (l<i^& 11
Vict. e. 16.)
40 18 4& 14 Ttet. e. 62, 9s. 48, 49, 50.
in the proper register of the number and date thereof,
and of the names and descriptions of the parties
thereto, as stated in the deed; and every such register
shall be open to public inspection during office hours
at the said office, without fee or reward; and any
clerk or other person having the custody of the same,
refusing to allow such inspection, shall for every such
offence, on summary conviction thereof before two
justices of the peace, be liable to a penalty not exceed-
ing five pounds.
Sect. 49. Repayment of money borrowed at a time
agreed upon,] And be it enacted, that the said board may,
if they think proper, fix a time or times for the repay-
ment of all or any principal monies borrowed under this
Act, and the payment of the interest thereof respec-
tively, and may provide for the repayment of such
monies, with interest, by instalments or otherwise, as
they may think fit; and in case the said board fix the
time or times of repayment, they shall cause such
time or times to be inserted in the mortgage deed;
and at the time or times so fixed for payment thereof,
such principal monies and interest respectively shall,
on demand, be paid to the party entitled to receive the
same accordingly ; and if no other place of payment
be inserted in the mortgage deed, the principal and
interest shall be payable at the principal office of the
said board.
Sect. 60. Interest on mortgagee to be paid half-
yearly,'] And be it enacted, that, unless otherwise
provided by any mortgage, the interest of the money
borrowed thereupon shall be paid half-yearly ;
Repaym£nt of Tnoney borrowed when no time or
place has been agreed upon.] and if no time be fixed in
Accounts to be open to Mortgagees, 41
thd iQort^age deed for the repayment of the money
80 borrowed; the party entitled to receive such money
may^ at the expiration or at any time after the expi-
ration of twelve months from the date of such deed,
demand payment of the principal money thereby
secured, with all arrears of interest, upon giving to the
said board six calendar months previous notice for that
purpose ; and in the like case the said board may at
any time pay ofP the money borrowed, on giving the
like notice to the party entitled as aforesaid, or by
advertisement in the ^^ London Oazette ;"
Interest to cease on expiration of notice to pay off a
mortgage debt.] and if the said board have given
notice of their intention .to pay off any such mortgage
at a time when the same may lawfully be paid off
by them, then, at the expiration of such notice, all
farther interest shall cease to be payable thereon,
unless, on demand of payment made pursuant to such
notice, or at any time thereafter, the said board fail to
pay the principal and interest due at the expiration of
such notice on such mortgage.
Skct. 51, Account books to be open to mortgagees,]
And be it enacted, that the books of account of the
said board shall be open at all seasonable times to the
inspection of the mortgagees or transferees of mortga*
gees under this Act, with liberty to make extracts
therefrom, without fee or reward j and any clerk or
other person having the custody of such books, and
refusing to allow such inspection or such extracts to be
made, shall for every such offence, on summary con-
viction thereof before two justices of the peace, be
liable to a penalty not exceeding five pounds.
Sect, 62. Transfer of mortgages,] And be it
D
43 ISA 14 Tict. e. 63, m. 63, 63.
enacted, tbat any mortgagee or other person entitled
to any mortgage under this Act may transfer his
estate and interest therein to any other person hy deed
duly stamped, truly stating^ its date, the names and
descriptions of the parties thereto, and the consider*
ation for the transfer; and such transfer may be
according to the form contained in the schedule (D.)
to this Act annexed, or to the like effect ;
Reaister ^ transfers.] and there shall be k^t at
the principal office of the said board a register of the
transfers of mortgages under this Act; and within
thirty days after the date of such deed of transfer, if
executed within the united kingdom, or within thirty
days after its arrival in the united kingdom if executed
elsewhere, the same shall be produced to the clerk or
other person having the custody of such register, who
shall, upon payment of the sum of two shillings,
cause an entry to be made in such reg^ter of its date,
and of the names and description of the parties
thereto, as stated in the transfer; and upon any
transfer being so registered the transferee, his execu-
toi^, administrators, or assigns, shall be entitled to the
full benefit of the original mortgage, and the principal
and interest secured thereby ; and every such trans*
feree may in like manner transfer his estate and interest
in any such mortgage; and no person, except ike
person to whom the same shall have been last trans-
ferred, his executors, administrators, or assigns, shall
be entitled to release or discharge any such mortgage,
or any money secured thereby.
Sect. 53. Board may form a nnking fund for
discharge of m^tgages.] And be it enacted, that in
order to provide a fund for the discharge of any
money which b&s b^n borrowed under the powers of
Power to Ucy Bates. 48
this Acty it shall be lawful for the said board from
tiine to time to caose any money received by them
nnder this Act, and which for the time being shall not
be required for any other purposes of this Act, to be
inTested in the purchase of exchequer bills, or govern-
ment stocks, funds, or securities, and from time to
time to cause to be invested in like manner the interest
and dividends thereof, so as to accumulate the same at
oompound interest, until the same can be applied for
the discharge of such money borrowed, or for any
other purposes of this Act.
Sect. 54. After diseontinuanee of interment^ in
case of deficiency of other payments^ board may order
overseers to levy a rate,] And be it enacted, that after
interment has been ordered to be discontinued within
the district or any part thereof, in case it appear to the
said board that the fees and sums received by them (n)
under this Act will be insufficient in any year to defray
their expenses, and to provide for the payments in
respect of monies borrowed under this Act, it shall be
lawful for the said board, with the approbation of the
commissioners of her Majesty's treasury and one of
her Majesty's principal secretaries of state, to issue a
warrant under their seal to the overseers of the poor of
every parish, township, precinct, or place within the
district (where interment has been ordered to be dis-
continued in the whole district), or the part thereof
within which interment has been ordered to be dis-
continued, by which warrant they shall command the
said overseers, out of the money collected for the
relief of the poor in such parish, township, precinct, or
(n) Note, that the rate in aid cannot be made unlew there be
an actual deficiency of other payments to the board nnder the
Act
d2
44 18 ^ 14 Vict. c. 52, s. 54.
place, to pay the amount mentioned in the warrant fo^
the purposes of this Act, or to levy such amount aa a
part of the rate for the relief of the poor in such
parish, township, precinct, or place, and that the over-
seers shall pay over the amount mentioned in the
warrant to the treasurer of the said board, within
forty days from the deliyery of such warrant to any
one of the overseers (o) :
Not to exceed 1^. in the pownd in any one year^
according to the valuation for county rate.] provided
always, that the sum to be so paid for the purposes of
this Act shall not exceed in the whole in any one year
the rate of one penny in the pound (p) on the full and ffur
annual value of all property rateable for the relief of the
poor within such parish, township, precinct, or place, such
^11 and fair annual value to be computed according to
the last valuation for the time being acted upon in assess-
ing the county rate, where any county rate is assessed
on such parish, township, precinct, or place; and the
warrant shall specify the rate in tne pound at which
the sum mentioned therein shall be computed (q) :
(o) In many parishes in the metropolis the poor rate is levied
half yearly, and it may therefore sometimes hapi)en that the
overseers will be obliged to make a special rate to enable them to
meet the demand within the forty days. The collection of an extra
rate will, in a very large parish, such as St. Pancras or St. Maiy^
le-bone, entail considerable labour upon the officers who have to
collect it. But see sect. 56.
(p) That is, to be paid by the overseers ; but the ratepayers
will be called upon for the cost of the collection in addition to the
rate of one penny in the pound, if the money be collected along
with or paid out of the poor rate^
(q) The sum to be mentioned in the warrant is fba sum which
is to be paid to the board by the overseers. The sentence would
have been more clear, if instead of ^ shall be " had been inserted
'' has been " computed, for the. sum must be computed before
the warrant can be issued.
Who to he deemed Overseers. id
provided also^ that the said board may issue such
warrant as aforsaid to the overseers of any parish,
township, precinct, or place, notwithstanding the ex-
ception from any order for discontinuance of interment
of any burial ground or burial grounds, or right of
burial in any burial ground or burial grounds, in or
belonging to any such parish, township, precinct, or
place, unless in such order as aforesaid any burial
ground or burial grounds so excepted be declared to
be continued for such parish, township, precinct, or
place, in lieu of all rights of the parishioners and
inhabitants to sepulture in the burial grounds pro-
vided under this Act.
Sect. 55. Who to be deemed overseers ivithin this
Act.] And be it enacted, that where any persons other
than the overseers of the poor, by virtue of any office
or appointment, are authorized and required to make
and collect or cause to be collected the rate for the
relief of the poor in any parish, township, precinct, or
place whithin the metropolitan burial district, such per-
sons, by whatsoever title they may be called, shall be
deemed to be overseers of the poor within the meaning
of this Act, and to be included under and denoted by
the words " overseers of the poor," for all the purposes
of this Act, as fully as if they were commonly calleil
or known by the titie of overseers of the poor (r).
Sect. 56. Overseers shall collect the burial rate in
the same manner as the 'poor rate,] And be it enacted,
that the overseers of the poor of every parish, town-
(r) Chui'chwardens are by virtue of their office overseers of
the pour. But the designation would not include a collector or
assistant overseer, those officers not being authorized to make a
rat^ for the relief of the poor.
46 13 ^ ]4 Viet. e. 62, s. 66.
ship, precinct, or place within the metropolitan btuiat
district, to whom any such warrant as i^oresaid shall
be issued, shall pay the amount mentioned in the war^
rant out of any money in their hands collected for
the relief of the poor ; and if there be no such money
in their hands, or an insufficient sum, they shall levy
the amount required as a part of the rltte for the
relief of the poor, and shall for that purpose proceed
in the same manner, and have the same powers, reme*
dies, and privileges, as for levying money for the
poor (s); and such overseers shall pay to the said
treasurer the amount mentioned in the warrant within
the time specified for that purpose, and at the time of
making any payment to the said treasurer shall deliver
to him a note in writing signed by them, specifying the
amount so paid, which note shall be kept by the said
treasurer as a voucher for his receipt of that particular
amount (^);
Receipt of the treasurer shall he a mffident dis^
charge."] and the receipt of the said treasurer, speci-
fying the amount paid to him by the overseers, shall
be a sufficient discharge to the overseers for such amount,
and shall be allowed as such in passing their accounts
¥dth their respective parishes, townships, precincts, or
places («).
(«) The amount is to be leyied, not as a burial rate, but as a
rate for the relief of the poor ; and although what is actually paid
to the treasure must not exceed one penny in the pound, the over*
seers may levy a rate of a larger amount and apply what is oyer
to the expenses of collection and the other general purposes to
which a poor rate is applicable.
(t) The object to be attained by requiring the treasurer to
keep a voucher signed by the overseers of his receipt of the sum
paid to him is not very apparent.
(u) The overseers, except in the cases of the parishes of St.
George, Hanover Square, St. James, Westminster, St. Giles and
Di^trawtfor non^aytnent of JRntes. 47
Seot. 57. OveneerSy an nonpaymmt of the rate,
$haU be distrained uponJ] And be it enactedi that
in case the amount ordered by such warrant as afore-
said to be paid by the overseers in any parishy town*
ship^ precinety or place in the metropolitan burial
district shall not be paid to the said treasurer within
the time specified for that purpose in the warrant (v\
it shall be lawful for any justice of the peace^ upon
complaint by the said treasurer^ to issue his warrant
for levying the amount, or so much thereof as may be
in arrear, by distress and sale of the goods of all or
any of the said overseers.
And in default of sufficient distress^ the arrears may
be re-levied on the parish.] And in case the goods of all
the overseers shall not be sufficient to pay the same^
the arrears thereof shall be added to the amount of the
next levy which shall be directed to be made in such
parish, township, precinct, or place for the purposes of
this Aot^ and shall be collected by the like methods.
Sbct, 58. Power to board, ^c, to inspect county
rates, ^c] And be it enacted, that any member of the
said board, or any person having an order for that pur-
pose under the hands of two members of the said board,
may inspect any county rate made or to be made for
any county any part of which shall be situate within the
metropolitan burial district, and may also inspect any
returns concerning all or any of the parishes, town-
ships, precincts, and places, whether parochial or extra-
parochial, in the said district, delivered or to be delivered
in pursuance of any of the Acts relating to county rates,
St. George, Bloomsbury, St. Marylebone, and St. Pancras, must
pass their accounts before the district auditor appointed nnder the
provisions of the 7 & 8 Vict. c. 101, s. 32.
(v) Namely within/or^y days.
48 13 ^ 14 Viet. e. 62, «. 68, 69.
and may take copies or extracts from any such rates or
returns without payment of any fee or reward ; and if
any person having the custody of any such rate or
return shall wilfully neglect or refuse to permit any
such member or other person to inspect the same, or to
take copies or extracts from the same, within two days
after such order (w) shall have been produced and
shown to him, or a copy thereof left at his usual
place of abode, he shall for every such offence, on
summary conviction thereof before two justices of
the peace, be liable to a penalty not exceeding ten
pounds.
Sect. 69. Provision for oisemtig and levying rate
in those places within the district where there is no
poor rate,] And whereas it is expedient to provide for
those precincts and places in the metropolitan burial
district in which no rate is made for the relief of the
poor, or in which property may be deemed not to be
rateable thereto: Be it therefore enacted, that the
respective inhabitants and occupiers of all messuages,
lands, tenements, and hereditaments in any precinct
or place, whether parochial or extra-parochial, in the
metropolitan burial district, although such messuages,
lands, tenements, and hereditaments may not be rated
to the relief of the poor, or may be deemed not to be
rateable thereto, shall nevertheless be liable to con-
tribute under tbis Act as if the property so inhabited
or occupied were rateable and rated to the relief of the
poor ; and the said boaitl may from time to time, by
warrant under their seal, appoint a proper person to be
an assessor, for the purpose of assessing the full and
. . « ..I - I I ■ II I
(w) Note, that any member of the general board is entitled to
inspect the rates and returns without the production of an order.
Assessment of Extra Pmoehial places* 49
fair annual value of such property (d?)^ and rating
the same to a rate levied under this Act : Provided
always, that the sum to be so levied shall not exceed
in the whole in any one year the rate of one penny in
the pound on the full and fair annual value of such
propei-ty (y ) \
Mode of making the assessTnent.] and such assessor
shall, within forty days aftier the delivery to him of
the warrant of his appointment^ make, sign, and re-
turn to the said board an assessment for the precinct
or place named in such warrant ; and the assessment
shall be fairly written in a book, and shall specify, in
different columns, the names of the respective inhabit-
(a?) No specific rule ia laid down as to the manner in which
" the full and faSr annual value " of the property is to be ascer-
tained, and it is probable therefore that the assessors may find
some diificulty in the matter. As, however, the principle of the
rate is to be the same in parochial and non-parochial places, it is
to be supposed that the value is to be ascertained in the latter
places in the same manner, and upon the same principle, as the
county rate basis upon which the rate is levied in parochial places.
Under the County Rates Act, 8 & 9 Vict. c. Ill, s. 6, the "fiill
and fair value " is to be taken to mean " the net value of any pro-
perty, as the same is or may be required by law to be estimated
for the purpose of assessing the rates for the relief of the poor."
The Parochial Assessments Act, 6 & 7 W. 4, c. 96, s. 1, on the
other hand, defines the '' net annual value '' to be the i*ent at
which the premises might reasonably be expected to let from year
to year, free of all usual tenants' rates and taxes, and tithe com-
mutation rent-charge, if any, and deducting therefrom the pro-
bable average annual cost of the repairs, insurance, and other ex-
penses, if any, necessary to maintain them in a state to command
such rent. Note also, that no property will be liable to be assessed
.but that which, in any parish or place maintaining its own poor,
is liable to be rated to the relief of the poor.
(y) The rate of one penny in the pound in extra-parochial
places is to include the expense of assessing and collecting, which
expense is to be paid out of the rate collected after the assessment.
d3
50 13 ^ 14 Vict. e. 62, ss. 59, 60. '
ants or occapiers of all messnages, lands, teuexnentfi^
and hereditaments, the fiill and fair annual value of
the same, and the amount of rate charged on the in<«
habitants or occupiers thereof, and, when the premises
shall be unoccupied, the fall and fair annual value
thereof to let;
Allowance to assessors.] and every such assessor
shall be allowed for his trouble and expenses such r&*
muneration as the said board, with the approbation of
the commissioners of her Majesty's treasury, shall
direct, and the same shall be paid out of the amount
of the rate which shall be collected after such assess-
ment (y).
Sect. 60. When assessment is made, notice thereof
sliall be given, and all persons included in the assess-
ment shall have liberty to inspect it, ^c] And be it
enacted, that when such assessment shall have been
allowed by the said board, public notice of such assess-
ment, and of the place where the same may be in-
spected, shall be given by fixing such notice on the
door of the church or chapel or some other conspicu-
ous part of the precinct or place to which such assess-
ment shall relate, upon the Sunday next or next but
one after the same shall have been so allowed (z) ;
and any person in whose custody such assessment may
be (a) shall permit every inhabitant or occupier of pro-
perty included in such assessment to inspect the same,
(y) See note (y), ante, p. 49.
(z) As to appeals against the assessment, see section 68.
(a) The previous section directs the assessor, within forty days
after the delivery of the warrant of his appointment, to make and
return his valuation to the general hoard of health; and that
board will have the custody of it, unless they deposit it for inspec-
tion with some person residing in the precinct or place«
Collection of Mate. 61
aaid to make any extracts therefrom, without payment
of any fee or reward ;
Penalty for refming stich inspection^] and if such
person shall wilfiilly neglect or refuse to permit any
such inhabitant or occupier to inspect such assessment,
or to make any extract therefrom, he shall for every
such offence, on summary conviction thereof before
two justices of the peace, be liable to a penalty not ex-
ceeding five pounds.
Sect. 61. Collection of the rate charged in such
assessment.^ And be it enacted, that the said board
shall from time to time nominate one or more person
or persons for levying the amount of rate charged in
every such assessment, who shall proceed in the same
manner, and shall have the same powers, remedies,
and privileges, and shall be subject to the same regfu-
lations and penalties, with reference to the levying of
such rate, as if he or they were an overseer or over-
seers of the poor in a precinct or place rated to the
relief of the poor, and shall pay over the amount of
such rate to the treasurer of the said board (i), or in
de&ult thereof shall be proceeded against in the same
manner as overseers are by this Act to be proceeded
against for non-payment {c).
Sect. 62. Appeal against assessment] Provided
always, and be it enacted, that if any person who shall
have paid the amount of rate charged upon him by
the assessment made by an assessor appointed under
(b) The Act is silent as to when or how the money is to be
paid over; whether in one sum, or from time to time as it is
coUectef : doubtless the persons appointed to collect it will be
required to do the latter.
(c) See section 57.
52 13 ^ 14 Viet. c. 52, s. 62.
this Act (d) shall think himself aggrieved by such
assessment, on the ground that such assessment
includes any property for which he is not rateable
under this Act, or that it assesses his rateable pro-
perty beyond its full and fair annual value (e), or
that any person or persons is or are omitted out of
such assessment, or that the property of any person or
persons is assessed below its full and fair annual value,
the person so aggrieved may appeal to the next court of
general or quarter sessions which shall be holden for
the county, corporation, or franchise in which the
cause of appeal shall have arisen, not less than twenty-
one days afber public notice of such assessment shall
have been given as herein-before mentioned (/) ; pro-
vided that the person so intending to appeal shall give
to the said board a notice in writing of such appeal,
and of the cause and matter thereof, ten clear days at
the least before such sessions, and shall also, within-
three days after his notice of appeal, enter into a re-
cognizance before some justice of the peace of the*
county, corporation, or franchise, with two sufficient
sureties, conditioned to try such appeal at the said
sessions, and to abide the order of the court thereupon,
and to pay such costs as shall be by the court awarded;
(d) To be entitled to appeal it will be necessary that the person
shall have paid the amount of rate charged upon him ; but if he
succeeds in his appeal, he will be entitled to have the money which
he may have paid in excess repaid to him.
{e) As to the property liable to be rated, and the mode of ascer-
taining its full and fair annual value, see note to section 59.
(/) If the court of general or quarter sessions be held toithiii
twenty-one days after the notice required by section 60 has been
given, it is difficult to see in what way an appeal against the
assessment could be prosecuted ; it could not be heard tt that
sessions, and the following sessions would not be the next sessions
holden after public notice of the assessment had been given, v .
Alteration of Assessment* 53
'and in case such person shall appeal on the ground
that any person or persons is or are omitted out of the
assessment, or that the property of any person or per-
sons is assessed helow its full and fair annual value,
the party so appealing shall not only give such notice
of appeal to the said board, and enter into such recog-
nizance as aforesaid, but shall also give a like notice of
appeal to the person or persons so interested in the
event of such appeal as aforesaid, and shall enter into
a like recognizance within the times herein-before
respectively mentioned ; and the person or persons so
interested shall, if he or they shall desire it, be heard
upon the appeal ;
The assessment may he altered to relieve the appel-
lant, mthotit altering any other part of if.] and the
justices of the peace at such sessions, or some adjourn-
ment thereof, upon due proof of the notice having been
given, and of the recognizance having been entered
into as aforesaid, shall hear and determine the matter
of the appeal in a summary manner, and shall make
such order therein, with or without costs to either
party (^), as the said justices shall think proper ; and
in case the said justices shaU think the appellant en-
titled to relief, they shall order the assessment to be
amended in such manner as may be necessary for
giving him relief, and shall also order any money paid
by him which he was not liable to pay to be returned
to him ; and in case he shall have appealed on the
ground that any person or persons is or are omitted
out of the assessment, the said justices may order the
name or names of such person or persons to be in-
serted in the assessment, and to be therein rated at
\ _^
{g) That is, the appellant or the respondent, whether the latter
be a person assessed or omitted from the assessment, or the*
(general board of health.
54 13 ^ 14 Vict. c. 62, ss. 62, 63.
such amount as they shall deem just ; and in case thd
appellant shall have appealed on the ground that the
property of any person or persons is assessed below its
full and fair annual value, the said justices may order
the amount at which such person or persons is or are
rated in the assessment to be altered in such manner
as they shall deem just; and the proper officer of the
court shall in each of the cases aforesaid forthwith
ameitd the assessment accordingly, but the assessment
shall not be quashed or altered with respect to any
other persons named therein ; and the determination
of the justit;es at any such sessions or adjournment
shall be final and conclusive.
Sect. 63. Accounts to be kept.] And be it enacted,
that the said board shall cause books to be provided
and kept, and Aill and correct accounts to be entered
therein of all fees, payments, rates, and other monies
received, levied, and recovered by the said board, and
of the application thereof, distinguishing the times and
purposes when and for which monies were received
and paid ;
Books may he injected.] and the rate-payers and
every mortgagee under this Act may at all reasonable
times inspect and take copies of or extracts from such
books, without fee or reward ;
Penalty for refusing inspection,'] and any clerk or
other person having the custody of such books who
shall not, on any reasonable demand (K) of any such
rate-payer or mortgagee as aforesaid, permit him to
inspect such books, or to take such copies or extracts
as aforesaid, shall for every such offence, on summary
(A) A '' reasonable demand " would be a demand made within
the usual office hours. The rate-payer would not be bound to
give a reason for his demand.
Accawnti. 6&
conviction thereof before two justices of the peace^ be
liable to a penalty not exceeding five pounds ;
Jiakmeing aeeotmts.] and the said board shalli in
the month of January in each year^ cause their
accounts to be balanced up to the thirty-first day of
December of the peceding year;
Afmudl statement] and the said board shall cause
a full statement and account to be drawn out of the
amount of all contracts entered into^ and of all monies
received and expended, by virtue of this Act, during
such preceding year, under the several distinct heads
of receipt and expenditure, and also of all arrears of
rates and'other monies then owing to the said board,
and of all mortgages and other debts then owing by
the said board ;
Pvbhe notice of statement.] and the said board
shall give public notice, by advertisement to be in*
serted not less than twice in each of two daily morning
newspapers circulating in London and Westminster^
that such statement and account is prepared and ready
for the inspection of the rate-payers and mortgagees,
and of the day fixed for auditing the accounts (i) ;
Statement, S^c. to remain at the office for inspection.]
And the said board shall allow such statement and
account to remain for inspection at their principal
office; and every such rate-payer and mortgagee may
at all reasonable times before the day of audit inspect
such statement and account, and compare the same
with the books and documents relating thereto in the
possession of the said board, on payment of a fee of
one shilling for each inspection.
(i) See eectlon 60 and note a« to the aocounte being andited
by the commiMioners for auditing public accounts. Who is to
flx the day for auditing the account!, whether those commissioners
66 13 & 14 Viet. e. 52, s. 64.
Sect. 64. Certain clauses of 10 & 11 Vict. c. 65,
incorporated with this Act.] And be it enacted, that
the clauses of the " Cemeteries Clauses Act> 1847,"
'^ with respect to exclusive rights of burial and monu-
mental inscriptions in the cemeterj" (k), and ^^ with
respect to the protection of the cemetery," (k) shall be'
incorporated with this Act; but for the purposes of
this Act the expression '^ the bishop of the diocese"
where used in the said clauses '^ with respect to exclu-
sive rights of interment and monumental inscriptions"
shall mean the bishop of London ; (J) and for the pur-
poses of this Act the expression ''the company" where
used in the ''Cemeteries Clauses Act, 1847," shall mean
^'. the General Board of Health," and the expression
^' the clerk " where used in such Act shall include
^' the assistant secretary" appointed under this Act;
and every person committing any offence in the said
clauses " with respect to the protection of the cemetery "
respectively mentioned shall forfeit the sum therein
respectively mentioned to the said board, upon a
summary conviction for such ofifence before two justicea
of the peace.
or the general board of health, does not appear. The rate-payon,
it would seem, will not be entitled to attend the audit and to ob-
ject to the allowance of the accounts, as in the case of the accounts
of parochial and union expenditure. But there will be no
hinderance to any one aggrieved by any money appearing to
have been unlawfully or improperly expended by the board,
appealing in writing to the commissioners, who, in auditing the
accounts, will doubtless follow the same system they pursue in
regard to the audit of the public accounts.
(k) For the clauses of the Cemeteries Clauses Act, 1847, which
are here refen-ed to, see Appendix.
(Q This will give the bishop .of London authority in respect to
the matters referred to in the incorporated clauses, in cemeteries
"which may be established out of his diocese, and to .which his
jurisdiction will not otherwise extend.
JUabUUy to Poor Ratee. 57
Sect. 65. Board to be assessed to rates in respect to
burial grounds provided under this Act>] And be it
enacted, that the said board shall from time to time be
assessed or rated to all county, parochial, or other
local rates, for and in respect of any burial ground
provided under this Act, and any building or place of
burial therein, or other lands acquired by them for the
purposes of this Act, in such and the same proportion
as, but not at any higher value or improved rent than,
such ground or lands was or were assessed or rated at
for the year immediately preceding the taking and
conversion of such ground or lands for the purposes of
this Act (m).
Sect. 66. Audit of accounts by auditors of public
accounts.] And be it enacted, that the accounts of the
said board shall be examined and audited by the com-
missioners for auditing the public accounts of this
kingdom, and such commissioners shall, in examining,
trying, and auditing the accounts of the said board,
have all the powers which are vested in them by law
for examining, trying, and auditing the said public
accounts, and the monies which may be received and
become applicable for the purposes of this Act shall be
deemed public monies, and may be recovered in case of
default accordingly, but all monies so recovered shall
be paid into the said account at the bank of England
for the purposes of this Act. (w)
(m) If there ai*e any houses on the land rated to the relief of
the poor at the time when it is taken for the purposes of the ceme-
tery the full and fair annual yalue of those houses will be taken
into account.
(n) This clause as it originally stood empowered the treasury,
in the month of January in each year, to appoint one or more lit
persons to examine and audit the accounts for the preceding year.
Instead of which the duty has been imposed upon the auditors
for public accounts. As to the time of audit, see sect. 63, note (i).
58 13 & 14 Viet. e. 52, ss. 67, 68, 69.
Sect. 67. Board may eontrad.] And be it enacted,
that the said board may enter into all such contracts
as they may think fit for the erection and ftirnishing
of chapels in the burial grounds provided under this
Act, and in the case of chapels already built, for
enlarging the same, and for enclosing and laying out
such grounds, and tor providing offices and houses of
reception,, and for any other matters in relation to the
purposes of this Act in respect to which it may appear
to the said board expedient to enter into contracts.
Sect. 68. Purchases and works not to be made or done
without previous sanction of the treasury.] Provided
always, and be it enacted, that nfl purchase, building,
or work, where the purchase money or the estimated
expense of such building or work exceeds one hundred
pounds, shall be made, erected, or done, or any con-
tract for the same entered into, by the said board,
under this Act, without the approbation of the com-
missioners of Her Majest/s treasury.
Sect. 69. Certain provisions of8^9 Vict c. 18,
as to cemeteries and compensation^ incorporated with
this Act.] And be it enacted, that '^ the Lands Clauses
Consolidation Act, 1846," except the provisions of that
Act " with respect to lands acquired by the promoters
of the undertaking under the provisions of the ^ Lands
Clauses Consolidation Act, 1846/ 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," shaU, so
far as respects purchases by the said board of any
cemetery mentioned in the schedule (B.) to this Act^
Land Clauses Acty 1846. 69
and compensation to persons interested in non-paro-
chial burial grounds, be incorporated with this Act.
Sect. 70. Certain provisions of same Act as to
lands taken hy agreement only incorporated with this
Act.] And be it enacted, that the said Lands Clauses
Consolidation Act, except the provision of that Act
specified and excepted in the section next herein-beford
contained, and except also the provisions of that Act
'* with respect to the purchase and taking of lands
otherwise l^an bj agreement," shall, so far as respects
purchases of lands by agreement under this Act by the
said board, 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 the said board.
Sect. 71. Receipt of company to be an effectual
discharge.] And be it enacted, that the receipt in
writing under the common seal of the company for the
purchase or consideration money for any cemetery
belonging to such company which shall be purchased
by the said board, or for any compensation payable to
such company under this Act, shall be an effectual
discharge to the said board for the same.
Sect. 72. Power to dispose of lands not wanted.]
And be it enacted, that it shall be lawful for the said
board to sell and dispose of any lands purchased by
them under this Act, which it may appear to the said
board may be properly sold or disposed of, and which
may not have been consecrated or used for the burial
of the dead ; and for completing and carrying any such
sale into effect, such board may make and execute a
60 13 & 14 Viet e. 52, ss. 72, 73.
conveyance of the lands sold and disposed of as aforesaid
unto the purchaser, 6r as he shall direct, and such
conveyance shall he under the seal of the said board ;
and the word ''grant" in such conveyance shall
have the same operation as by the said Lands Clauses
Consolidation Act, is given to the same word in a con-
veyance of lands made by the promoters of the under-
taking ; and a receipt under the seal of the said board
shall be a sufficient discharge to the purchaser of and
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 in like manner as other
monies received under this Act; and the said board
may let for year to year, and at such rent as the said
board may think fit, any land which may have been
purchased by and become vested in the said board
under this Act, and which for the time being shall
not be required for the purposes of this Act.
Sect. 73. Annual reports and aifstract of acccounts
to be Tnade, and laid before parliament,] And be it
enacted, that the said board shall in the month of
March in every year, send to one of her Majesty's
principal secretaries of state a report of their proceed-
ings, specifying the burial grounds which have been
provided under this Act in the preceding year, and
showing the portions of such burial grounds which
are consecrated and intended to remain unconsecrated
respectively, and stating also the names of the chap-
lains appointed under this Act, and of the officers
and servants appointed and employed by the said
board under this Act, showing those appointed for the
general purposes of this Act and those appointed
pr employed for and in each such bunal ground,
and their respective duties, and stating the amounts
Annual ReporU and Accounts 61
of the stipends payable to the said chaplains, and
of the respective salaries and Wages of such officers
and savants, and stating the annuities payable under
this Act by way of compensation to clerks and sextons,
and to churchwardens or other persons on behalf of
parishes, and the compensations payable under this
Act in respect of non-parochial burial grounds, and
the debts and annuities, if any, in respect of parochial
burial grounds, to be discharged under this Act, and
specifying all burial grounds and works commenced
under the authority of the said board during the pre^
ceding year, and remaining in progress at the termi-
nation of such year ^ and the said board shall, after
they have fixed a table of the fees and sums to be pay«*
able upon interments in the burial grounds provided
under this Act, annex such table to their next report,
and from time to time as the said board shall vary such
table of fees and sums they shall annex such varied table
to their next report; and the said board shall, with every
report to be sent as aforesaid, send to such secretary
of state an account in abstract, showing the receipt
and expenditure under this Act for such preceding
year, under the several distinct heads of receipt and
expenditure, with the statement of the allowance of
the said commissioners fer auditing the public ac-*
counts, if they have allowed such accounts, or of the
parts, if any, which they have disallowed of such
accounts, and also a summary statement of all con->
tracts entered into by the said board in such preceding
year, and of the monies owing to and debts owing by
the said board on the thirty-first day of Decmher of
such preceding year; and the said board shall also
firom time to time give to any one of such secretaries
of state as aforesaid such information as he may re-*
quire respecting their proceedings; and every such
(52 18 # 14 T%et. e. 52, ss. 73, 74
report, account in abstract, and statement as afore^
said shall be laid before both houses of parliament
within one month after the receipt thereof, if pai^
Uament be sitting, or if parliament be not sitting,
then within one month after the next meetii^ of
parliament.
Sbct. 74. Power to cowcey ehapeb in out-lying
parochial burial grounds to trustees for the parishes in
fohich they are situate."] And be it enacted, that where
any burial ground in which interment is discontinued
under this Act belongs to bu j parish other than the
parish within which the same is locally situate, it shall
be lawftd 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 church-
wardens 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 eccle-
siastical 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
(Bstate and interest vested in any persons in trust or on
behalf of the parish to which such chapel and the site
thereof belong ; and after the execution of such con-
veyance all obligation on such last-mentioned pansh,
or any trustees or others on behalf thereof, to repair
Dimlvtion of Cemetery Companies* 63
such chapel or to pay any stipend to the minister
thereof, or otherwise in relation to or in connexion with
such chapel, shall cease (p).
SscT. 75. Provinon for dissolmng cemetery com-
ponies,] And be it enacted, that after payment by the
said board of the purchase or consideration money for
any of the cemeteries mentioned in the schedule (B.)
to this Act, or after the payment to any cemetery
company of the compensation for the loss or damage
sustained by them by reason of the discontinuance of
interment in their cemetery or cemeteries under the
provisions of this Act, the cemetery company to which
such purchase or consideration money or compensa-
tion may belong or be payable (unless some other
cemetery in which interment is not then discontinued
remain vested in them) shall continue only for the
purpose of winding up the affiurs, and realizing and
distributing the assets thereof, and the 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 or compensation
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 con-
sideration money or compensation, after satisfying all
(o) Although under this section the chapel may be conTcyed,
the bnrial ground to which it was attached would still remain the
property of the parish. It is presumed that the section is intended
to apply to chapels which are used for the purposes of religious
wor^p, and not to those which were only lued for the purposes
of the burial of the dead.
64 13 # 14 rtet. e. 62, m. 76, 76.
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 distribu-
tion and apportionment the said company shall be dis-
solved, and the receipt of every person who for the
time being wQiild have been entitled to give an effec-
tual discharge for any dividends which might have
become payable in respect of any share in any such
cemetery or company in case 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 such company
and the directors thereof for the same.
Sect. 76. Interpretation of terms.] And be it
enacted, that in the construction of this Act the fol-
lowing words and expressions shall have the meanings
hereby assigned to them, unless such meanings be
repugnant to or inconsistent with the context ; (that
is to say,)
Words importing the singular number shall include
the plural number, and words importing the
plurd number shall include the singular number :
Words importing the masculine gender only shall
include females :
Words importing individuals shall include corpora-
tions:
The word ^^ lands" shall include messuages, build-*
, , ings, lands, and hereditaments :
The expression '^the district" shall mean ^'the
metropolitan burial district :"
The word ^' parish " shall include united parishes,
and any distinct and separate parish, district
parish, district chapelry, or consolidated district,
Title of Acts. 66
formed under the provisions of the Church Build-
ing Acts, and any new parish constituted b j or
under the proceedings of the ecclesiastical com-
missioners for J%2and; and the word ^'conse-
crated" shall mean consecrated according to the
rites of the united church of .England and Ire-
landy and the word ^'unconsecrated'' shall me&n
not so consecrated.
Sbct. 77. Short title.] And be it enacted^ that in
citing this Act in other Acts, and in legal instruments
and other proceedings, it shall be sidBcient to use the
expression ''The Metropolitan Interments Act, 1860."
B
«J 13 ^ 14 Viet. c. S2.— Schedule (A.)
Schedule (A).
I%e MetropolUan Burial District.
The City of London and the liberties thereof) the
Inner Temple and Middle Temple, and all other
places and parts of places oontiuned within the
exterior boondalies of the hbeftWB of the City of
London.
In Middlesex. — ^The City and Liberties of West-
minster.
The Parishes of St. Margaret and Saint John the
Evangelist.
The Parish of St. Martin in the Fields.
The Parish of St. George Hanover Square.
The Parish of St. James.
The Parish of St. Mary-le-Strand, as well within the
Liberty of Westminster as within the Duchy
Liberty.
The Parish of St. Clement Danes, as well within the
Liberty of Westminster as within the Duchy
Liberty.
The Parish of St. Paul Covent Garden.
The Parish of St. Anne Soho.
Whitehall Gardens (whether the same be parochial or
extra-parochial).
Whitehall (whether the same be parochial or extra-
parochial).
Richmond Terrace (whether the same be parochial or
extra-parochial).
The Close of the Collegiate Church of St. Peter.
Burial Dutriets. '67
The Parishes of St. Giks in the Fields and St George
Bloomsburj.
The Parishes of St Andrew Holbom and St. Oeorge
the Mart jr.
The Liberty of Hatton Garden^ Saffi*Ott Hill^ and Ely
Rents.
The Liberty of the Rolls.
The Parish of St Pancras.
The Parish of St John Hampstead.
The Parish of St Marylebone.
The Parish of Paddington.
The Precinct of the Savoy.
The Parish of St Luke.
The Liberty of Glasshouse Yard.
The Parish of St. Sepulchre.
The Parish of St. James Clerkenwell; including both
Districts of St James and St. John.
The Parish of St. Mary Islington.
The Parish of St Maiy Stoke Newington.
The Charterhouse.
The Parish of St. Mary Whitechapel.
The Parish of Christchurch Spitalfields.
The Parish of St. Leonard Shoreditch.
The Liberty of Norton Falgate.
The Parish of St John Hackney.
The Parish of St. Matthew Bethnal Green.
The Hamlet of Mile End Old Town.
The Hamlet of MUe End New Town.
The Parish of St. Mary Stratford Bow.
The Parish of Bromley St. Leonard.
The Parish of AH Saints Poplar.
The Parish of St. Anne Limehouse.
The Hamlet of Ratcliffe.
The Parish of St Paul Shadwell.
The Parish of St Ge^e in the Ba^t
£2
68 13 ^ 14 Ttet. e. ^^.—Sehedvk (A.)
The Parish of St. John Wapping.
The Liberty of East Smithfield.
The Precinct of St. Catherine.
The Liberty of Her Majesty's Tower of London, con-
sisting of—
The Liberty of the Old Artillery Ground.
The Parish of Trinity, Minories.
The Old Tower Precinct.
The Precinct of the Tower Within.
The Precinct of Wellclose.
The Parish of Kensington.
The Parish of St. Luke Chelsea.
The Parish of Fulham.
The Parish of Hamnxersmith.
Lincoln's Inn.
New Inn.
Gray's Inn.
Staple Inn.
That Part of Fumival's Inn in the County of Mid-
dlesex.
Ely Place.
In Kent.
The Parish of St. Paul Deptford.
The Parish of St. Nicholas Deptford.
The Parish of Greenwich.
The Parish of Woolwich.
The Parish of Charlton.
The Parish of Plumstead.
In Surrey. — ^The Borough of Southwark.
The Parish of St. George the Martyr.
The Parish of St. Saviour.
The Parish of St John Horsleydown.
Cemakries. 69
The Parish of St. Olive.
The Palish of St. Thomas.
The Parish of Battersea (except the Hamlet of Penge).
The Parish of Bermondsey.
The Parish of Camberwell.
The Parish of Clapham.
The Parish of Lambeth.
The Parish of Newington.
The Parish of Putney.
The Parish of Rotherhithe.
The Parish of Streatham.
The Parish of Tooting.
The Parish of Wandsworth.
The Parish of Christchurch.
The Clink Liberty.
The Hamlet of Hatcham in the Parish of Deptford.
Schedule (B.)
TJis several Cemeteries established under the several
Acts heretncbfter mentioned; viz. —
2^8 TF. 4, e. ex.] An Act for estaUishing a
general cemetery for the interment of the dead in the
neighbourhood of the metropolis :
6 ^ 7 W. 4ty e. cxxix.] An Act for establishing a
cemetery for the interment of the dead southward of
the metropolis^ to be called the '^ South Metropolitan
Cemetery:"
7Q 13 ^ 14 Vict. e. 62.— Schedules {B. ^ C.)
6 &7 W. ^, e. cxxxvi.] An Act for establisliing
cemeteries for the interment of the dead, northward,
southward^ and eastward of the metropolis^ by a
company to be caUed '^ The London Cemetery Com-
pany :"
1 Vict. c. cxxx.] An Act for establishing a ceme-
tery for the interment of the dead, westward of the
metropolis, by a company to be csdled ^'The West of
London and Westminster Cemetery Company :" And
4^5 Vict, c, bdii.] An Act to establish a general
cemetery for the interment of the dead in the parishes
of Saint Dunstan Stepney and Saint Leonard Bromley
in the county of Middlesex :
The Victoria Park Cemetery, in the parish of Saint
Matthew Bethnal Green in the county of Middlesex :
And
The Abney Park Cemetery, in the Parish of Saint
Mary Stoke Newington in the county of Middlesex.
Schedule (C.)
Form of Mortgage.
Mortgage number ( ).
By virtue of an Act passed in the year of the
reign of Queen Victoria [here insert the title of this
Act], the general board of health, in consideration of
the Slim of paid to the treasurer of the said
board by A. B. of for the purposes of the said
Act, do grant and assign unto the said A. B., his
executors, administrators, and assigns, all the monies
arising and to arise from the several fees, payments,
Transfer of Mortgagee, 71
and rates to be received and made under the said Act;
to hold to the said A. B.y his executors, administrators,
or assigns, from the day of the date hereof until the
said sum of with interest at the rate of per
centum per annum for the same, shall be fully paid
satisfied ; and it is hereby declared, that the said prin-
cipal sum shall be repaid on the day of and
that in the meantime the interest thereof shall be paid
on the day of — and the day of in
every year.
In witness whereof the said board have hereunto set
their seal this day of 18 — .
Schedule (D.)
Form of Transfer of Mortgage.
I A. B, of in consideration of the sum of
pounds paid to me by C. JO. of do hereby trans-
fer to the said C, i?., his executors, administrators,
and assigns, a certain mortgage number ( — \ bearing
date the day of and made by the general
board of health to for securing the sum of
and interest [or^ if such transfer he by incbrsement on
the mortgagey insert, instead of the words after
" assigns," the within security], and all my property,
right, and interest in and to the money thereby se-
cured, and in and to the monies thereby assigned. In
witness whereof I have hereunto set my hand and seal
this day of 18 — .
A, B. (l.8.)
APPENDIX.
CEMETBRIBS CLAUSES ACT, 1847.
(10 Ac 11 YZCT. O. 65.)
Sect. 40. PartB of the cemetery may he eet apart for exelu-
€we burial, — Monumental ineeriptionsJ] The company may set
Upart such parts of the cemetery aa they think fit for the purpose
of granting exclusive rights of burial tiierein, and they may sell,
either in perpetuity or for a limited time, and subject to such
conditions as they think fit, the exclusive right of burial in any
parts of the cemetery so set apart, or the right of one or more
burials therein, and they may sell the right of placing any monu-
ment or gravestone in the cemetery, or any tablet or monumental
inscription on the walls of any chapel or other building within
the cemetery.
Sect. 41. Plan and book of rrference to be kept, and be open
to inspection.'] The company shidl cause a plan of the cemetery
to be made upon a scale sufficiently large to ^ow the situation of
every burial place in all the parts of the cemetery so set apart,
and in which an exclusive right of burial has been granted ; and
all such burial places shall be numbered, and such numbers shall
be entered in a book to be kept for that purpose, and such book
shall contain the names and descriptions of the several persons to
whom the exclusive right of burial in any such place of burial has
been g^ranted by the company; and no place of burial, with
exclusive right of burial therein, shall be made in the cemetery
without the same being marked out in such plan, and a corres-
ponding entry made in the said book, and the said plan and book
shall be kept by the clerk of the company.
Sect. 42. Form of grant of burial in vault , S^c. to be accord-
ing to schedule.] The grant of the exclusive right of burial in
any part of the cemetery, either in perpetuity or for a limited
time, and of the right of one or more burials therein, or of
placing therein any monument, tablet, or gravestone, may be
oiade in the form in the schedule to this Act annexed, or to the
£3
74 Appendix*
like effect, and where the company are not incorporated it may
be executed by the company or any two or more of them.
Sect. 43. Register of grants to be kept."] A renter of all
such grants shall be kept by the clerk to the company, and within
fourteen days after the date of any such grant an entry or memo-
rial of the date thereof and of the parties thereto, and also of the
consideration for such grant, and cUsp a proper description of the
gi'ound described in such grant, so as the situation thereof may
be ascertained, shall be made by the said derk in such register ;
and such clerk shall be entitled to demand such sum as the com-
pany think fit, not exceeding the prescribed sum, or if no sum be
prescribed two shillings and 8ixx)ence, for erery such entry or
memorial ; and the said register may be perused at all reasonable
times by any grantee or assignee of any right conveyed in any
such grant, upon payment of the prescribed sum, or if no sum be
prescribed the sum of one shilling, to the clerk of the company.
Sect. 44. Rights of hurialf 8^c. to he CLSsignable, or may te
bequeathed by tmll.'] The exclusive right of burial in any smell
place of burial, shall, whether granted in perpetuity or for a limited
time, be con8idei*ed as the personal estate of the grantee, and may
be assigned in his lifetime or bequeathed by his will.
Sect. 45. Form of assignment.'] Every such assignment mads
in the lifetime of the assignor shall be by deed duly stamped, in
which the consideration shall be duly set forth, and may be in the
form in the schedule to this Act annexed, or to the like efibct.
Sect. 46. Assignments to be registered.] Every such assign-
ment shall, within six months after the execution thereof, if
executed in Great Britain or Ireland^ or witiiin six montiis
after the arrival thereof in Great Britain or Ireland, if executed
elsewhere, be produced to the clerk of the company, and an entry
or memorial of such assignment shall be made in the register by
the cleric of the company, in the same manner as that of the orU
ginal grant ; and until such entrj or memorial no right of burial
shall be acquired under any such memorial ; and for every sudi
entry or memorial the clerk shall be entitled to demand sum as
the company think fit, not exceeding the prescribed sum, or if no
sum be prescribed two shillings and sixpence.
Sect. 47. An entry or memorial of the probate of every will by
which the exclusive right of burial within the cemetery is be^
queathed, and in case there be any specific disposition of sncK
exclusive right of burial in the said will, an entry of such dispo-
sition shall, within six months aiter the probate of such will, b^
Appendix, 75
made in the Mid register, in the flame maimer as that of the
original grant, and until such entry no riglit of exclusiye burial
flhaU be aoqoired under snefa will ; and for every such entry or
SMraoriai the clerk of the company shall be entitled to demand
sach sum as the company think fit, not exceeding the prescribed
sam, or if no sum be prescribed two shillings and sixpence.
Seet 46. VauUs to be kept excluswfily for purchaoera of
exclusive right,'] No body shall be buried in any place wherein
the exclasive right of burial shall have been g^ranted by the com-
pany, except with the consent of the owner for the time being of
sach exclusive right of burial.
Seet. 40. No euek grant to gwe the right of burial in eonee^
orated ground to certain pareons.] No such grant as aforesaid
shall give the right to bury within the consecrated part of the
oemeterythe body of any person not entitled to be buried in
oonsecsrated ground according to the rites and usage of the esta-
blishfld church, or to place any monument, grayestone, tablet, or
monamental inscription respecting any su^ body within the
ooneecrated part of the cemetery.
Sect. 50. Power to remove monuments improperly erected.]
The company may take down and remove any gravestone, monu-
ment, tablet, or monumental inscription which shall have been
plaoed within the cemetery without their authority.
Sect. 61. Bishop to have power to oiQect to monumental
inscriptions in consecrated part of of cemetery.] The bishop
of the diocese in which the cemetery is situated, and all persons
acting under his authority, shall have the same right and power
to oliject to the placing, and to procure the removal of any
mcmomental inscription within the consecrated part of the ceme-
tery, as he by law has to object to or procure tiie remoyal of any
monumental inscription in any church or chapel of the esta-
blished church, or the burial ground belonging to such church or
chapel, or any other consecrated ground.
Sect. 58. 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 thei'eof, 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.
76 Appendix.
Sect. 60. [Penalty on persons eommUHng nuisances in the
cemetery. "] Every person who Bball play at any game or sport, or
discharge fire-arms, save at a military iimeral, in the cemetery, or
who shall wilfully and nnlawiully distorh 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.
Sect. 00. Annual account to be made up, and a copy trans^
mitted to the clerk of the peace, j-c, and be open to inspection,^
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, vrith
a statement of the balance of such account, certified by the
chairman of tiie 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 firom 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.
Sect. 61. Tender of amends.'] If any person shall have com-
mitted 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-men-
tioned 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.
INDEX.
A
PAGB
Abstract of accounts to be laid before parliament - - 60
Accounts -,.•----64
annual statement of . - ... 55
balancing of- - • - - - -66
audit of ------.67
inspection of- - - - - - -64
Account books to be open to mortgagees - - - 41
Account of general board of health with Bank of England 85
Advertisement, notice by, to be given before purchasing
land -------6
Annual report to be laid before parliament - - - 60
table of fees to be annexed to - - - - 61
Annual statement of accounts - -> - - - 65
Annuity to incumbents for loss of fees - - - - 27
Appeal against assessment in extra parochial places - 51
assessment in extra parochial places may be
altered on appeal - - - - - 53
Appendix — Cemeteries Clauses Act, 1847 - - - 73
Api>ointment of additional member of g^eral board of
health 2
Appointments, limitation of ----- 3
Arrears of rate, how to be levied - - - - 47
Assessment of burial grounds to poor rates - - - 57
to burial rate, mode of making in extra-parochial
places -------49
in extra-parochial places, notice of - - - 50
in extra parochial places, alteration of, on ap-
appeal -------53
in extra-parochial places, appeal against - - 51
Index,
PAOB
Aflseasment in extra parochial places, penalty fbr refusing
inspection of- - - - - - -51
Assessors in extra parochial places, allowances to - 50
Assistant secretary of g^eral board of health, appoint-
ment of- - - - - - - -2
Assistant secretary, salary of - - - - - 27
Audit oi accounts --.--* -57
B.
Balancing accounts -------55
Bank of England, money to be paid i^to - - - d6
payment of money out of .... 96
Bishop of diocese, jurisdiction of, over burial grounds
and chapels ---... 7
Bifih<^ of diocese to license chaplains - - - - 7
in what cases to mean bishop of London - - 56
Bishop of London, powers, of under Cemeteries Clauses
Act, 1847 • 56
Bodies already intwred, removal of, to new burial grounds 1 6
Bodies, removal of, for burial - - - - - 18
^' removal of, to reception houses - - - 26
Books of account to be kept - - - - - 54
inspection of- - - - - - -54
Burial district, boundaries of ----- 1
paiishes, &c. comprised in .... 66
Burial grounds, general board of health to provide or
enlarge -------4
purchase of land for ..... 4
notice of purchase of land for, to be given by
advertisement - . - - - - 5
indoBure of, and erection of chapels in - - 6
appointment of chaplains to - - - - 7
consecration of ...... 7
jurisdiction of bishop of diocese over - - - 7
portion of, to be consecrated .... 8
notice to be given in gazette, when one is provided 9
after notice in gazette, interments may be made - 9
for poor law purposes to be deemed to belong to
the several parishes - - - - - 12
Index.
Buriml grounds, appropriation of, for separate religious
denominations or sects - - - * - 13
interments in unconsecrated - - - - 13
power to remove bodies already interred, to - 16
maintenance of --«... 17
regulations as to ..••-. 17
contracts with railway companies for conyeyance
of funerals to- « - - - -25
compensation in respect of non-parochJAl - - 83
compensation for loss of individual rights in - 34
protection of ---••--56
assessment of, to poor rates - - - - 57
parochial, conveyance of chapels in out-lying - 62
Burial of bodies of poor persons - - - - - 13
in vaults, &c. saving of rights as to - - - 14
in St. PauPs and Westminster Abbey - - - 15
not to be under or close to chapels - - - 18
not to be within 200 yards of dwellings - - 18
of body without certificate of death, course to be
adopted -------21
Burial rate, power of general board of health to order
overseers to levy - - - - - 43
levy of arrears of - - - - - - 47
may be re-levied on parish in de&ult of sufficient
distress - -- - - - -47
collection of -------45
overseers may be distrained upon for non-pay-
ment of- - - - - - -47
levy of, in extra-parochial places - - - 48
mode of making assessment in extra-parochial
places -------49
in extra-parochial places, appointment of col-
lectors -------51
Burials* register of- - - - - - -18
Burial service to be according to the ntcs of Church of
England in consecrated ground - - - 7
right of incumbent of parish to perform - - 8
in unconsecrated burial ground, fee for - - 34
Burial service and incumbent's compensation fund - 27
Index,
C.
paga
Cemet^es, purchase of, by general board of health - 4
when to Test in general board of health - - 16
order for discontinuance of interment to be sus-
pended till compensation made - - - 16
list of 69
Clauses Act, 1847, incorporated - •> - 66
Cemetery, protection of- - - - - -56
companies, dissolution of - - ^ - - 63
Certificate of death to be given by registrar of births and
deaths 20
of registry of death to be delivered to registrar
ofburials 20
Chapels, erection of, in burial grounds ii. . . 6
jurisdiction of bishop of diocese over - - 7
consecration of ---*.--7
in unconsecrated portions of burial g^unds - 8
in unconsecrated bm*ial grounds, enlargement of 8
discontinuance of interments in - - 10,14
saving of rights as to burial in - - - 15
burials not to be under or close to -^ - - 18
in out-lying parochial burial grounds, power to
convey -------62
Chaplains, appointment of - ... - 7
duties of - ------7
removal of -------8
salaries of-- - ----27
Church of England, burial to be according to rites of - 7
Churches, discontinuance of interments in - - 10, 14
saving of rights as to burial in - - - - 15
Churchyards, &c. discontinuarice of interments in 10, 14
saving of rights as to bmial in - - - - 15
removal of bodies from, to burial grounds - - 16
Churchwardens, power of, to convey chapels in out-lying
parochial burial grounds - - - - 62
Clerks of general board of health, appointment of - 2
parish clerk, compensation to - - - - 29
after compensation, to pay certain fees over to
general board of health - - - - 80
nature of ---...-ig
Index,
PAOB
Collection of burial rate -...-. 46
of rate in extra parochial places « • - 61
Collectors of rates in extra parochial places, powers of • 61
CommissionerB of public works may make advances to
general board of health ... - 38
of treasury, power to reduce annuities to incum-
bents -------28
Compensation to incumbents . . - . - 27
to clerks and sextons •» - - - - 20
fund, application of surplus . - - - 29
for fees payable for parochial purposes - - 31
in respect of non-parochial burial grounds - - 33
for loss of individual rights in closed burial grounds 34
incorporation of Land Clauses Consolidation Act,
1846, as to 68
receipts for, to be under seal of company - - 59
Consecration of chapels -•••-- 7
Consecrated burial ground, burial service in - - 7
Contracts for funerals at fixed charges - - - 23
withrailway companies for conveyance of funerals 26
power of general board of health to enter into • 68
above lOOZ. not to be made without consent of
treasury ------ 58
Conveyance of funerals, contracts with railway compa-
nies for -------26
of chapels in out-lying parochial burial grounds - 62
Coroner's certificate to be delivered to registrar of burials 20
County rate valuation, burial rate to be levied on - 44
County rate, power of general board of health to inspect 47
D.
Dead bodies, houses for reception of • • - - 22
removal of, to I'eception houses - - - 26
Debts incurred for purchase of burial grounds, when to
be discharged by general board of health - 32
Definition of overseers ----- - 46
Depth of graves -------18
Discharge of debt incmTed for purchase of burial ground 32
Discontinuance of interment in churchyards, &c. - 10, 14
Index.
PAOB
Diasolution of cemetery comi>anie8 ... - 68
Distraint upon overseerg for non-payment of rate - - 47
Daration of appointments •.-.-. 3
Duties of chaplain ..--...7
DwellingSy burials notto be vithin 200 yards of - - 18
£.
Employment of sextons by g*eneral board of health - 31
Enlargement of burial grounds ----- 4
Enlargement of chapels in burial grounds - - - 6, 8
Exclusive rights of burial - « - - - - 56
Expenses under Act, payment of - - - - - 36
Extra parochial places, levy of burial rate in - - 48
appointment of assessors for - - - - 48
allowances to assessors ..... 50
notice of assessment to be given • - - - 60
appointment of collectors of rates in - - - 51
appeal against assessment in - * « - 51
alteration of assessment in, on appeal - - 53
Evidence, burial registers .---.. 19
F.
Fees to be paid on interments • • - - - 16
Fees, compensation to incumbents for loss of - - - 27
accruing to clerks and sextons to be paid to gene-
ral board of health ..... 30
upon interments in cemeteries, when to cease - 30
payable for parochial purposes, compensation for 31
Fee for burial sei*vice in unconsecrated burial ground - 34
Fees, mortgage of- -- - - --37
table of, to be annexed to annual report - - 61
Formation of graves -------18
Form of mortgage ....--.70
Form of transfer of mortgage - - - - 39, 71
Funerals, notices of- - - • - - -18
railway companies may contract for conveyance of 25
Funeral service in imconsecrated portion of burial
grounds -.-----8
Index.
m
Fimerak, general board of health to contract for, at fixed
charges -------23
O.
Gazette, notice to be given in, of burial grounds being
provided -------9
order of privy council to be published in - - 10
General board of health to act in execution of Act - 1
incorporation of board ----- 2
appointment of officers by * - - - 2
power to appoint additional member of - - 2
to provideoffloes - - - , - - 3
powerto purchase lands - - - - - 4
power of, to provide burial groimds - - - 4
power of, to purchase cemeteries . - - 4
to enclose and lay out burial grounds and build
chapels, &c. - - • - - - 6
to appoint chaplains ----- 7
assign duto^ chaplain ----- 7
powOT to^fflffge chapds in nnconseerated burial
grounds -------8
power to remove chaplains - - - - 8
to give notice in gazette of burial ground being
provided -------9
to report to her majesty when interment in church-
yards, &c. may be discontinued - • - 9
to have care of non-parochial burial grounds - 10
may appropriate poriiions of burial grounds for
separate religious denominations - - - 13
may grant licence for burial in churches, ftc. incer-
tain cases ------ 15
power of, to fix fees to be paid ux>on interments - 16
to provide for maintenance, &c. of bm'ial grounds 17
to make regulations as to burial grounds and
interments ------ 17
to provide burial register books - - - 18
not to permit burials within 200 yards of dwellings
or close to or under chapels - - - 18
to pi*ovide reception houses ibr dead bodies - - 22
to contract for funerals at fixed charges - - 23
Index.
FAOB
General board of health, may contract with railway com-
panies for conveyance of females - - 25
salaries of additional member and officers - - 26
may provide for removal of bodies to reception
houses ....-.^26
to provide fdnd for compensation to incum-
bents ------- 27
to provide for compensation to clerks and sextons 29
to dischai^ debts incurred for purchase of burial
grounds in certain cases - - - - 32
to make compensation for discontinuance of inter-
ment in non-parochial burial ground - - 33
power to grant compensation for loss of individual
rights in closed burial grounds - « - 84
account of, with bank of England - - - 86
cheques of, on bank of England - « - 36
salary of additional member of • - - - 36
power to borrow money - - - • - 37
may mortgage fees,&c. • - - * - 37
may borrow money from commissioners of public
works -------38
may borrow money at lower rates of interest to
pay off securities at a higher rate - - 38
power to borrow money to pay off former
mortgages - . - ^ - . 39
may fix time for repayment of money borrowed - 40
may form sinking fund for discharge of mortgages 42
power to order overseers to levy a rate - •43
power of, to inspect county rate - - - 47
to appoint assessors for extra parochial places - 48
to appoint collectors for extra parochial places - 51
to cause accounts to be kept and balanced - - 54
to cause annual statement of accounts to be pre-
pared -------55
to be assessed to poor rates in respect to burial
grounds -------67
power to enter into contracts « - - - 68
not to make purchases or enter into contracts above
1002. without consent of treasury- - - 68
power of, to sell lands not required - - - 59
Index.
PAOB
General board of health may let lands not immediately
required -...--•QO
to cause annual report and abstract of accounts
to be laid before parliament - - '00
to give information as to their proceedings to
secretary of state . . - . . 61
Grave diggers, appointment of <- - - • - 3
Graves, depth of -••---- 18
Guardians of the poor, fee to be paid by, on burial in
burial ground <-----. 36
H.
Houses for reception of the dead - - - - - 82
I.
Incorporation of general board of health ... 2
Cemeteries Clauses Act - - - - - 56
Land Clauses Consolidation Act, 1846 - - 68
Incumbent of parish, right of, to perform burial service - 8
Incumbents, rights of- - - - - - -IS
compensation to ------ 27
power of, to convey chapels in out-lying parochial
burial grounds ------ 02
Individual rights in closed burial grounds, compensation
for loss of- ...... 84
Inhabitants, right of sepulture in burial grounds - - 11
Inscriptions on monuments - - - - - - 66
Inspection of county rate by g^eral board of health - 47
Inspection of assessment in extra parochial places, penalty
for refusing ...... 61
Inspection of accounts ...... 64
penalty for refusing ...... 64
Inspection of annual statement of accounts - - - 66
Interest, reduction of rate of interest, provision for- - 38
on mortgages to be paid half-yearly - - - 40
when to cease after notice - ... - 41
Intennent in churchyards, &c., discontinuance of - - 9
in burial grounds, when they may be made - 9
in unconsecrated burial gi'ound - - - 13
in St. Paul's and Westminster Abbey - - 16
Indest.
PASE
Interment, fees to be paid upon - - . . - i6
regnilations asto- - - - - -17
regulations as to lights of - - • - 18
Interpretation of terms and wonlB in Act - - - 64
J.
Jurisdiction of bishop of diocese Over btaial gnmnilB and
chapels -------7
L.
Lands, power of general board of health to punefaase - 4
Land Clauses Consolidation Act, 1845, incorporation of - 58
Land, sale of, when not required ---... 59
not immediately required may be kt - - - 60
Levy of burial rate in parishes ^ . - - . 43
of arrears of rate - - « - - - 47
of rate in extra poorochial places - - - 48
Licence of chaplains l^ bishop of diocese - - - 7
to bury in churches - - - - - 15
Limitadon of appointments - .... 3
Loans, power to raise ---... 37
ftom conunissionfirs of public works - - - 38
repayment of, when no time agceed upon - - 40
London Gazette, notice to be giyen in, of burial gromid
being provided -.---.§
order of privy cottDcil to be published in - - 10
M.
Maintenance of burial grounds - - - - - 17
Management of burial grounds - - - - - 17
Metropolitan burial district, boundaries of - - - 1
pai'ishes comprised in - - - - 66
Minister, fee to,ibr burial service in unconsecrated burial
ground -.---..34
Misdemeanor, burial in a burial ground discontinued, to
be 14
Money, payment o^ by c^&oers to tceasarer - - - 35
Index,
PAGE
Money, payment of, by treasurer into bank of England - 85
payment of, out of bank of England - - - 36
Monumental inscriptions .«-.... 56
Mortgagee, repayment of money to •> - <- - 37
Mortgagees, accoont books to be open to inspection of - 41
Mortgageof fees, &c. - -.---. 37
form of - - - - - - -39,70
power to borrow money to pay off former - - 89
form of transfer of ------ 71
Mortgages, register of .--.-- 39
transfer of ------- 41
sinking fund for discharge of - - - - 43
register of transfers of - - - - - 42
N.
Non-parochial burial grounds, care of, to vest in general
board of health - - - - - - 10
compensation in respect of - • - - 83
Notice to be g^ven by adyertisement before pwrohasing
land -------6
Notices of fimerals -------ig
Notice to repay money borrowed ----- 41
of assessment in extra paroehiid places - - 50
of appeal against assessment in extra jiarochial
places -------62
of annual statement of accoiiats - - - 55
O,
Offices of general board of health - - . - 3
Officers, appointment of ------2
duration of appointments of - . - - 3
salaries of ------ -26
to pay money to treasurer - - - - 35
entrusted with money to give security - - 35
Order in council disoonUnuing iotecmeots in chiucfa-
yards, &c. ------ 10
of privy council ordering discontinuance of inter-
ments, opei'ation of - - - - - 10
in council, suspension of, in certain cases - - 16
Index.
PAOB.
Oreneen, to levy a rate when ordered by general board
ofhealth -• 43
to collect burial rate ... - - 45
definition of- - - - - - -45
may be distrained npon for non-payment of rate - 47
P,
Parliament, annual report and abstract of accounts to be
laid before ...... 60
Parish burial ground, discharge of debt incurred for pur-
chase of --•.-.--32
Parish, fee to be paid by, on burial in nnoonsecrated
burial ground -.-.-- 35
Parishes, &c., comprised in burial district - - - 66
Parishioners, right of sepulture in burial g^unds - 11
Parochial burial grounds, conveyance of chapels in - 62
Paupen, burial of bodies of ----- 12
Paul's, St., burial in- - - - - - -16
Payment of expenses under Act - .... 36
of money out of bank of England - - - 36
of interest on mortgages - - - - - 40
Penalties 22,41,48,51,54
Poor-rates, general board of health to be assessed to, in
respect of burial grounds - - - - 57
Priority amongst mortgages - - - - - 37
Priyy council, order of, as to interments being discon-
tinued in churchyards, &c. - - - 10
Protection of cemetery ..---. 56
Publication of order of privy council for discontinuance
of interments ------ 10
Purchaseofcemetriesby general board of health - - 4
of lands for burial grounds - - - - 4
of land, notice of, to be given by advertisement - 5
Purchases, not to be made without consent of treasury - 58
Q.
Qneen in council may order discontinuance of interments
in churchyards, &c. .... - 9
R.
Railway companies may contract fbr conveyance of
funerals --------25
Indtx,
FAfiE
Rates, power of general board of health, to order over-
seers to levy - - --.•-- 4:)
not to exceed \d, in the pound - - - - 44
on what yaluation to be levied - - - . 44
collection of- - - - - - -45
levy of arrears of - - - - - - 47
distraint upon overseers for non-payment of - 47
levy of, in extra parochial places - - - 48
mode of making assessment in extra parochial
places ------s-49
in extra parochial places, appointment of collectors 51
Reception houses for dead bodies - - - - 22
removal of bodies to ----- 26
Receipts for compensation money, to be under seal of
company ------ 59
Reduction of rate of Interest, provision for - « - 38
Register of burials «.---.. ig
of burial, copies of, to be sent to registrar of
ecclesiastical court of Bishop of London - 19
ofmortgages ...... 39
of mortgages, to be open to public inspection - 40
of transfer ofmortgages ----- 42
Registrar of births and deaths, to give certificate of death - 20
Regulations as to burial grounds and interments - - 17
as to interment, publication of - - - - 18
as to register books of burials - - - - 19
as to contracts for funerals at fixed charges - 24
Religious services in unconsecrated burial ground - 13
denominations or sects, separateburial grotmds for - 13
Removalof bodies already interred, to burial grounds - 16
of bodies for burial - - - - - . 18
of bodies to reception houses - - - - 26
Repayment of money borrowed, power of geneitd boai^ of
health to fix time for - - - - - 40
of money bon'owed when no time has been agreed
upon -------40
Rights of burial in churches, &c., licence to eontiuue - 15
of burial, incorporation of Cemeteries Clauses
Act, 1847 56
of incumbents - - - - - -12
F
Index.
PAGE
Rights of interment, regulations as to exercise of - - 18
of sepulture -------11
S.
Salary of additional member of general board of health - 96
Salaries, fund to be paid out of - • •> - - - 36
of additional member of general board of health
and officers --.... 26
Sale of lands not required -..---. 59
Schedule (A) 66
(B) . 69
(C) 70
(D) 71
Searches for burials -------18
Secretary of state to approve of fees upon interments - 16
to consent to levying rate - . - - 43
Sepulture in burial grounds, inhabitants to have right of 11
Sextons, comi)ensation to- - - - - -29
after compensation to pay certain fees over to
general board of health . - . . 30
when employed by greneral board of health
compensation annuity to cease - - - 31
Security to be given by officers - - - - - 36
Short title of Act 66
Sinking fund for discharge of mortgages - - - 42
Surplus of compensation fund, application of - - 29
Suspension of order in council in certain cases - - 16
Table of fees to be printed and published - - - 17
to be annexed to annual report - - - 61
Tenders for land for burial-ground to be required - - 6
for contracts for funerals - - - - 23
Title of Act 66
Transfer of mortgages, register of - - - - 42
form of ----...71
Treasurer of general board of health, appointment of - 2
Index.
PAGE
Treasurer to give secu|;^ty ------ 35
to pay money into Bank of England - - - 35
UncK)nsecrated portion of burial-ground ... 8
burial ground, interments in - •> - - 13
fee for burial service in - - - - - 34
Undertakers may contract for funerals at fixed charges - 24
Union, fee to be paid by, on burial in unoonsecrated
burial-ground ---..- 35
V.
Vaults, saving of rights as to burial in - - - 14
W.
Wardens of burial grounds, appointment of - - 3
to register burials - - - - - - 19
to give notice of burial to registrar of deaths when
no certificate of death produced - - 21
Wardens, salaries of- - - - - - -27
Westminster Abbey, burial in- - - - -15
Words, interpretation of- - - - - -64
THE END.
London : Printed by Shaw and Sons, Fetter Lane.
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