Officiating ministers in

SECTION 5.

Offences relating to Dead Bodies.

5 Geo. 4, c. 25, s. 2.-And whereas the easement of burial in the churchyards of Protestant churches has been long enjoyed by all classes of his majesty's subjects; but such burial may not by law be allowed, unless the burial service ordained by the liturgy of the church of Ireland as by law established shall be celebrated thereat by the rector, vicar, curate, or other officiating minister of the church of Ireland, in whose churchyard such burial shall be had, or by some person in holy orders of the church of Ireland, duly authorized by him; and whereas such minister of the church of Ireland may not by law dispense with the celebration of such service, or permit the substitution of any other service in lieu thereof; to the end thereof that all classes of his majesty's subjects may be permitted to have the said easement of burial according to the rites of the several religions professed by them: be it enacted, that from and after the passing of this act, it shall and may be lawful for the officiating minister of the church of Ireland by law established, in each and every parish in Ireland, upon application being made to him in writing by any clergyman or minister of any church or gyman not of congregation, not being of the established church of Ireland, duly authorized by law to officiate in such church or congregation, stating the death of any member or members of such church or congregation, for permission to perform the burial service at the grave of such person or persons in the churchyard of such parish, according to the rites of such church or congregation, to grant permission accordingly. Provided always, that such permission for the performance of such burial service at the grave, according to the rites of such church or congregation, shall be in writing: and that in order to prevent any interruption of, or interference with the celebration of any of the rites of the church of Ireland by law established, such interment and service shall be had and celebrated at such time only as shall be appointed in such permission by such officiating minister of the church of Ireland.

any parish may grant permission in writing to any cler

the church

of Ireland, to

perform burial service

in such parish church yard.

If permis. sion withheld, the cause shall

in writing.

3. That if such permission shall in any case be withheld, the cause of withholding the same shall be specially and distinctly declared in writing by such officiating minister of the church of be declared Ireland, one part of which written declaration shall forthwith be delivered to the person making such application as aforesaid, and one other part thereof shall be forthwith transmitted to the bishop of the diocese in which such churchyard shall be situated, and shall be by him transmitted forthwith, signed by the register of such diocese, to the lord lieutenant or other chief governor or governors of Ireland.

minister,

4. That it shall not be necessary for such officiating minister 5 G. 4, c. 25. of the church of Ireland to celebrate, nor shall he celebrate the burial service ordained by the liturgy of the church of Ireland Protestant as by law established, at the interment of any person not being unless reof the established church of Ireland, unless at the desire of the quested, shall not perform person so applying, at the interment of such person, specified burial serin the application and permission; any law, canon, or usage to vice. the contrary notwithstanding.

vice after

5. That if, after such permission granted as aforesaid, any Obstructing person or persons shall obstruct or interrupt the performance of burial ser. the said burial service at the grave of the person specified in such permis such permission, such person or persons so obstructing or in- sion; misdeterrupting shall be deemed guilty of a misdemeanor, and shall meanor. be liable to be prosecuted therefor.

2 & 3 Will. 4, c. 75 (a), s. 1.-[The home secretary, in and Chief secrefor England, and the chief secretary, in and for Ireland, may tary may grant license grant license to practise anatomy] to any fellow or member of to practise any college of physicians or surgeons, or to any graduate or anatomy licentiate in medicine, or to any person lawfully qualified to practise medicine in any part of the united kingdom, or to any professor or teacher of anatomy, medicine, or surgery, or to any student attending any school of anatomy, on application from such party for such purpose, countersigned by two of his majesty's justices of the peace acting for the county, city, borough, or place wherein such party resides, certifying that, to their knowledge or belief, such party so applying is about to carry on the practice of anatomy.

2. [Such secretaries may appoint inspectors of anatomical schools, who shall continue in office for one year, or until removed, or another appointed in their place.]

3. Such secretaries shall also appoint the district and schools over which such inspectors shall preside, and shall direct how their duties shall be performed.]

4. That every inspector to be appointed by virtue of this act, Inspectors to shall make a quarterly return to the said secretary of state or make returns of subjects chief secretary, as the case may be, of every deceased person's examined. body that, during the preceding quarter, has been removed for anatomical examination to every separate place in his district where anatomy is carried on, distinguishing the sex, and, as far as is known at the time, the name and age of each person whose body was so removed as aforesaid.

5. [Inspectors may visit places where they have had notice that it is intended to practise anatomy.]

&c. may

7. That it shall be lawful for any executor, or other party Executors having lawful possession of the body of any deceased person, allow bodies and not being an undertaker or other party entrusted with the to be ex

amined,

(a) Entitled, " An act for regulating schools of anatomy."

e. 75.

unless it be

contrary to the wish of

2 & 3 W. 4, body for the purpose only of interment, to permit the body of such deceased person to undergo anatomical examination, unless, to the knowledge of such executor or other party, such person shall have expressed his desire, either in writing at any time during his life, or verbally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife, or any known relative of the deceased person, shall require the body to be interred without such examination.

the deceased,

or his known

relations.

If any per

post mortem

the same

shall take

8. That if any person, either in writing at any time during son, during his life, or verbally in the presence of two or more witnesses life, direct a during the illness whereof he died, shall direct that his body examination after death be examined anatomically, or shall nominate any of his body, party by this act authorized to examine bodies anatomically to make such examination, and if, before the burial of the place, unless body of such person, such direction or nomination shall be prevented by made known to the party having lawful possession of the dead surviving next of kin. body; then such last mentioned party shall direct such examination to be made, and in case of any such nomination as aforesaid, shall request and permit any party so authorised and nominated as aforesaid to make such examination, unless the deceased person's surviving husband or wife, or nearest known relative, or any one or more of such person's nearest known relatives, being of kin in the same degree, shall require the body to be interred without such examination.

The body not

to be removed for

out a certifi

cate.

9. Provided always, and be it enacted, that in no case shall the body of any person be removed for anatomical examination, such exami- from any place where such person may have died, until after nation, with- forty-eight hours from the time of such person's decease, nor until after twenty-four hours' notice, to be reckoned from the time of such decease, to the inspector of the district, of the intended removal of the body, or, if no such inspector have been appointed, to some physician, surgeon, or apothecary residing at or near the place of death; nor unless a certificate, stating in what manner such person came by his death, shall, previously to the removal of the body, have been signed by the physician, surgeon, or apothecary who attended such person during the illness whereof he died, or, if no such medical man attended such person during such illness, then by some physician, surgeon, or apothecary who shall be called in after the death of such person to view his body, and who shall state the manner or cause of death according to the best of his knowledge and belief, but who shall not be concerned in examining the body after removal; and that in case of such removal, such certificate shall be delivered, together with the body, to the party receiving the same for anatomical examination.

Medical practitioners

10. That it shall be lawful for any member or fellow of any may receive college of physicians or surgeons, or any graduate or licentiate bodies for in medicine, or any person lawfully qualified to practise medicine

c. 75.

. 4,

anatomical

in any part of the united kingdom, or any professor, teacher, or 2 & 3 W.. student of anatomy, medicine, or surgery, having a license from his majesty's principal secretary of state or chief secretary as aforesaid, to receive or possess for anatomical examination, or examinato examine anatomically, the body of any person deceased, if tion. permitted or directed so to do by a party who had, at the time of giving such permission or direction, lawful possession of the body, and who had power, in pursuance of the provisions of this act, to permit or cause the body to be so examined; and provided such certificate as aforesaid were delivered by such party together with the body.

bodies shall

the district.

11. That every party so receiving a body for anatomical ex- Persons so amination, after removal shall demand and receive, together receiving with the body, a certificate as aforesaid, and shall, within twenty- also obtain four hours next after such removal, transmit to the inspector of the a certificate, which they district such certificate, and also a return stating at what day and shall transhour and from whom the body was received, the date and place mit to the of death, the sex, and (as far as is known at the time) the chris- inspector of tian and surname, age, and last place of abode of such person, or, if no such inspector have been appointed, to some physician, surgeon, or apothecary residing at or near the place to which the body is removed, and shall enter or cause to be entered the aforesaid particulars relating thereto, and a copy of the certificate he received therewith, in a book to be kept by him for that purpose, and shall produce such book whenever required so to do by any inspector so appointed as aforesaid.

chief secre

12. That it shall not be lawful for any party to carry on or Notice to be teach anatomy at any place, or at any place to receive or possess given to the for anatomical examination, or examine anatomically, any de- tary of the ceased person's body after removal of the same, unless such places where party, or the owner or occupier of such place, or some party by about to be anatomy is this act authorised to examine bodies anatomically, shall, at least practised. one week before the first receipt or possession of a body for such purpose at such place, have given notice to the said secretary of state or chief secretary, as the case may be, of the place where it is intended to practise anatomy.

in a coffin;

interred.

13. Provided always, and be it enacted, that every such body so Bodies shall removed as aforesaid for the purpose of examination shall, before be removed such removal, be placed in a decent coffin or shell, and be re- and, after exmoved therein; and that the party removing the same, or amination, causing the same to be removed as aforesaid, shall make provision that such body, after undergoing anatomical examination, be decently interred in consecrated ground, or in some public burial ground in use for persons of that religious persuasion to which the person whose body was so removed belonged; and that a certificate of the interment of such body shall be transmitted to the inspector of the district, within six weeks after the day on which such body was received as aforesaid.

14. That no member or fellow of any college of physicians or Persons, as

c. 75.

herein, not

2 & 3 W. 4, surgeons, nor any graduate or licentiate in medicine, nor any person lawfully qualified to practise medicine in any part of the united kingdom, nor any professor, teacher, or student of anatomy, medicine, or surgery, having a license from his majesty's principal secretary of state or chief secretary as aforesaid, shall be liable to any prosecution, penalty, forfeiture, or punishment, for receiving or having in his possession for anatomical examination, or for examining anatomically, any dead human body, according to the provisions of this act.

punishable for having

human subjects.

Post mortem examina

15. That nothing in this act contained shall be construed to tion, by legal extend to, or to prohibit any post-mortem examination of any human body required or directed to be made by any competent legal authority.

authority,

not prohi bited.

Offenders

against this act, guilty of a misdemeanor.

Explanation of terms.

18. (pars.)-That any person offending against the provisions of this act in England or Ireland, shall be deemed and taken to be guilty of a misdemeanor; and, being duly convicted thereof, shall be punished by imprisonment for a term not exceeding three months, or by a fine not exceeding fifty pounds, at the discretion of the court before which he shall be tried.

19. And, in order to remove doubts as to the meaning of certain words in this act, be it enacted, that the words "person" and "party" shall be respectively deemed to include any number of persons, or any society, whether by charter or otherwise; and that the meaning of the aforesaid words shall not be restricted, although the same may be subsequently referred to in the singular number and masculine gender only.

SECTION 6.

Offences relating to Marriage.

12 Geo. 1, c. 3 (a), s. 1.—Whereas clandestine marriages are for the most part celebrated by popish priests and degraded clergymen, to the manifest ruin of several families within this kingdom; for remedy whereof, be it enacted &c., that if any Protestant popish priest, or reputed popish priest, or person pretending to celebrating be a popish priest, or any degraded clergyman, or any layman

Degraded clergymen

(a) Entitled, "An act to prevent marriages by degraded clergymen and popish priests, and for preventing marriages consummated from being avoided by precontracts, and for the more effectual punishment of bigamy."