or to any person claiming through or under him, Burial Acts.
then during the said period of fifteen years, and shall
be applicable to the like purposes as heretofore, and
the burial authority shall collect and pay these fees
in like manner as the fees to be paid for services
rendered;

(ii.) The Ecclesiastical Commissioners may at the
request and subject to the approval of the incumbent,
or other person interested, agree with any burial
authority for such payment, periodical or otherwise,
as may be thought equitable in commutation of the
fees other than those claimed for services rendered,
and an agreement so approved shall be binding on
the persons for the time being interested, and the
burial authority may make accordingly any payment
so agreed upon. Where the fees are paid to an
incumbent, or to any person claiming through or
under him, the Ecclesiastical Commissioners shall
apply the commutation money in the first instance
to such compensation of the existing incumbent as
they may deem equitable, regard being had to all
the circumstances of the case; and the residue, if
any, for the augmentation of the benefice (d).

The words "incumbent" and "minister," in respect of Meaning of any fee payable under the Burial Acts, mean the clergy- "minister."" "incumbent," man who would have been entitled to the fee had the body been buried in the churchyard or burial ground of the parish from which it came, or in the burial ground of the ecclesiastical district in case such district had a burial ground on July 1st, 1852; and if any difference shall arise between two or more persons claiming to be such incumbent or minister, such difference shall be determined by the bishop of the diocese (e). This definition is not repealed by the Burial Act, 1900, which is to be construed

(d) 63 & 64 Vict. c. 15, s. 3 (4).
(e) 15 & 16 Vict. c. 85, s. 52.

Burial Acts. with the Burial Acts, 1852 to 1885 (f), but the definition of the word "minister" is obviously inapplicable to that word as used in the Burial Act, 1900, where it is used as signifying "any minister of religion."

When any new parish or district is created under any of the New Parishes Acts of 1843, 1844, or 1856, and a burial ground has been or shall be provided for any parish or parishes out of rates to which such new parish or district or any part thereof shall have contributed, or contribute, or be liable to contribute, the incumbent of such new parish or district shall (subject to the rights of any existing incumbent), be entitled to perform the same duties, and shall have the same rights, privileges, and authorities, and the clerk and sexton shall, when necessary, perform the same duties upon the burial of the parishioners or inhabitants of such new parish or district or of such part thereof as shall have contributed to the rates as aforesaid, as though such burial ground were exclusively the burial ground of the new parish or district (g).

Where fees on interments, etc., were by law or custom payable to churchwardens or to trustees for or towards the payment of any stipend to the incumbent or minister, or the discharge of any debt or liability, such fees were receivable by the burial board and were paid to the parties entitled to receive the same; but at the request of such churchwardens or trustees, the burial board might, instead of paying such fees to them, apply them directly towards discharging any periodical payment or liability to which they may be applicable (h). The payment of all such fees is, however, to cease on the expiration of fifteen years after the passing of the Burial Act, 1901 (¿).

Where by any local Act fees on interments in any burial ground of any parish are payable to the churchwardens of

(f) 63 & 64 Vict. c. 15, s. 13 (1).

(g) 20 & 21 Vict. c. 81, s. 5; as amended by 63 & 64 Vict. c. 15, s. 12, and Sched. II.

(h) 15 & 16 Vict. c. 85, s. 36.
(i) 63 & 64 Vict. c. 15, s. 3 (4).

such parish (except in the City of London), or to trustees Burial Acts. for the purpose of paying a stipend to the incumbent or minister, any fees which, under the Burial Acts or under any Act relating to any cemetery company, would, on the interment in the cemetery of any company of any body brought from such parish, be payable to such incumbent or minister, shall be payable to such churchwardens or trustees, and any surplus of such fees after payment of such stipend shall be paid to such incumbent or minister (k). This provision does not, however, now apply to a burial ground maintained by a burial authority, and is repealed so far as relates to any such burial ground (1).

for several

parishes.

When a burial ground is provided for the common use Chaplain of two or more parishes, an arrangement may be made by the incumbents of the various parishes for serving the same by a chaplain to be paid by such incumbents, or by deductions from the fees payable to them; and in case of dispute, the bishop shall confirm any scheme of the majority or of a moiety of such incumbents (m).

pauper

When any body is buried in any cemetery established Fees on under the authority of Parliament at the expense of a burials. union, parish, hospital, or infirmary, the fee payable to the incumbent on such interment shall not exceed 1s., unless such incumbent has been accustomed to receive more, and in no case shall exceed 2s. 6d. ; and nothing shall be payable to any parish or district officer in respect of such interment (n).

service of

Before the Burial Act, 1900 (o), if a burial took place in Fees when consecrated ground without the service of the Church of Church of England, any person who would have been entitled to a England not fee for such burial if it had taken place with the service of

the Church of England was entitled to receive the same

(k) 15 & 16 Vict. c. 85, s. 50.

() 63 & 64 Vict. c. 15, s. 12, and Sched. II.

(m) 15 & 16 Vict. c. 85, s. 39.

(n) Id., s. 49; 16 & 17 Vict. c. 134, s. 7.
(0) 63 & 64 Vict. c. 15.

used.

Burial Acts. fee as he would otherwise have received (p). The right to receive such fee, however, is now abolished in cases where the burial takes place in a burial ground established under the Burial Acts, subject, nevertheless, to the vested interests of present incumbents (g):

Register of burials under Burial Acts.

Destroying or forging register.

Coroner's order and registrar's certificate.

All burials in a burial ground provided under the Burial Acts must be registered in a book kept according to the laws in force by which registers are required to be kept by rectors, etc. of parishes or ecclesiastical districts (r). Such register is to distinguish between burials in consecrated and unconsecrated ground. It must be indexed, and a transcript of it sent to the registrar of the diocese. Searches may be made therein, subject to the provisions of the Births and Deaths Registration Act, 1836 (s), and copies of entries therein are admissible as evidence in courts of justice (t).

Registration, regulated by similar provisions, is now compulsory in respect of burials in every place of burial in England, and a penalty not exceeding £5 is imposed for neglecting to register or to conform to such provisions (u).

Any person wilfully destroying or injuring a register or transcript thereof, or forging any entry or copy of any entry therein, or giving a false certificate of an entry, or forging the seal of a burial board, is guilty of felony (x).

Every coroner's order for burial, and every registrar's certificate of death, must be delivered to the person who buries or performs any funeral or religious service for the burial of the deceased under a penalty not exceeding 40s.

(p) 43 & 44 Vict. c. 41, s. 5.

(q) 63 & 64 Vict. c. 15, s. 3 (4).

(r) 52 Geo. 3, c. 146; 6 & 7 Will. 4, c. 86, s. 35.

(s) 6 & 7 Will. 4, c. 86, s. 35.

(t) 16 & 17 Vict. c. 134, s. 8.

(u) Registration of Burials Act, 1864 (27 & 28 Vict. c. 97).
(x) 20 & 21 Vict. c. 81, s. 15.

And the person who buries or performs any funeral or Burial Acts. religious service for the burial of any dead body, as to which no order or certificate has been delivered to him, must, within seven days of the burial, give notice thereof in writing to the registrar under a penalty not exceeding £10 (y).

Burial Laws

When any burial takes place under the Burial Laws Under Amendment Act, 1880, the person having charge of or Amendment being responsible for such burial must, on the same or Act, 1880. next day, transmit a certificate of such burial to the officiating minister in charge of the parish or district in which the churchyard or graveyard is situate, or to which it belongs, or, in the case of a burial ground or cemetery vested in a burial board, to the person required by the Burial Act, 1853 (~), s. 8, to keep the register of burials therein, who shall thereupon enter such burial in the proper register. Such entry shall state by whom the burial has been certified, instead of by whom the ceremony was performed; and any person wilfully making a false statement in such certificate, or any minister or other person refusing or neglecting to make such entry, is guilty of a misdemeanor (a).

Every order of a coroner or certificate of a registrar given under the Births and Deaths Registration Act, 1874 (b), s. 17, must, in case of a burial under the Burial Laws Amendment Act, 1880, be delivered by the person to whom it is given to the person having charge of or being responsible for the burial, instead of to the person who buries or performs any funeral or religious service for the burial of the deceased, under a penalty not exceeding 40s. And the person who has charge of or is responsible for such burial, as to which no order or certificate has

(y) Births and Deaths Registration Act, 1874 (37 & 38 Vict. c. 88), s. 17.

(2) 16 & 17 Vict. C. 134.

(a) 43 & 44 Vict. c. 41, s. 10.

(b) 37 & 38 Vict. c. 88.