Sect. 6. Errors and omissions in Act or schedule to be corrected by justices, who shall certify the same. "The Company" means "the persons by the special Act authorised to construct the cemetery." Section 2. "The Lands" means "the lands which shall by the special Act be authorised to be taken or used for the purposes thereof," and "shall include messuages, lands, and hereditaments of any tenure." Sections 2 and 3. "The Cemetery" means "the cemetery or burial ground and the works connected therewith, by the special Act authorised to be constructed." 7. If any omission, mis-statement, or wrong description shall have been made of any lands, or of the owners, lessees, or occupiers of any lands described in the special Act or the schedule thereto, the company, after giving ten days' notice to the owners of the lands affected by such proposed correction, may apply to two justices for the correction thereof, and if it appear to such justices that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, mis-statement, or wrong Certificate description; and such certificate shall be deposited with the deposited. clerk of the peace of the county in which the lands affected to be Copics of plans, &c., to be evi dence. Company thereby shall be situated, and thereupon the special Act or schedule shall be deemed to be corrected according to such certificate, and the company may take the lands according to such certificate, as if such omission, mis-statement, or wrong description had not been made. Compare the similar provision in section 7 of the Railways Claases Act, 1845, and see the notes thereto, ante, p. 3 309. 8. Copies of any alteration or correction of the special Act, or the schedule thereto, or of any extract therefrom, certified by any such clerk of the peace in whose custody such alteration or correction may be, which certificate such clerk of the peace shall give all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof. 9. The company shall not sell or dispose of any land dispose of which shall have been consecrated or used for the burial of not to the dead, or make use of such land for any purpose except Sect. 9. such as shall be authorised by this or the special Act, or any any land Act incorporated therewith. By section 40 of this Act, the company may sell part of the cemetery for vaults and burials. By the Burial Act, 1857, s. 24, trustees of closed cemeteries vested in them under a local Act or otherwise, are empowered, with the sanction of the Secretary of State, to let or sell unconsecrated land and buildings which have not received interments when the cemetery is closed by Order in Council. conse crated or used for burials. not to be 10. No part of the cemetery shall be constructed nearer Cemetery to any dwelling-house than the prescribed distance, or if no within a distance be prescribed, two hundred yards, except with the certain consent in writing of the owner, lessee, and occupier of such houses. house. "Dwelling-house" in this case means the house itself and does not include the curtilage, and the distance is to be measured from the walls of the dwelling-house. See Wright v. Wallasey Local Board, 18 Q. B. D. 783, a case under the Burial Act, 1855 (18 & 19 Vict. c. 128). distance of may build chapels, 11. The company, upon any land which by the special Act Company they are authorised to use for the purposes of the cemetery, may build such chapels for the performance of the burial &c., service as they think fit, and may lay out and embellish the grounds of the cemetery as they think fit. or widen 12. The company, upon any land purchased by them under Company this or the special Act, or any Act incorporated therewith, may make may make any new roads to the cemetery, or widen or roads to improve any existing roads thereto which they think fit. cemetery to be 13. Provided always, that the company shall not widen or No road improve any existing road without the consent of the owner widened thereof, if the road be private, or if the road be public, with- without out the consent of the persons in whom the management of the road is vested by law. consent. Owners, enter into 14. The company and the owners or persons having the &c., may management of any such road as aforesaid may enter into agreesuch agreements as they think fit, for enabling the company improving to widen or improve any such road, and for maintaining the roads same. ments for for that purpose. to be in Sect.15. 15. Every part of the cemetery shall be inclosed by walls Cemetery or other sufficient fences of the prescribed materials and closed and dimensions, and if no materials or dimensions be prescribed by substantial walls or iron railings of the height of eight feet at least. fenced. Cemetery, &c., to be kept in repair. to make 16. The company shall keep the cemetery and the buildings and fences thereof in complete repair, and in good order and condition, out of the moneys to be received by them by virtue of this and the special Act. Company 17. Provided always, that in the exercise of the powers compensa- by this and the special Act granted to the company they tion for damage done. Power to make sewers, in and about the cemetery. shall do as little damage as can be, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers. Compare this with the proviso in section 16 of the Railways Clauses Act, 1845, ante, p. 316, and see note thereto. And with respect to preventing nuisance from the cemetery, be it enacted as follows: 18. The company shall make all necessary and proper sewers and drains in and about the cemetery, for draining drains, &c., and keeping the same dry, and they may from time to time, as occasion requires, cause any such sewer or drain to open into any existing sewer, with the consent in writing of the persons having the management of such sewer, and with the consent in writing of the persons having the management of the street or road, and of the owners and occupiers of the lands through which such opening is made, doing as little damage as possible to the road or ground wherein such sewer or drain may be made, and restoring it to the same or as good condition as it was in before being disturbed. Sections 66 and 67 contain provisions as to access to the special Act similar to those in the other Clauses Consolidation Acts. See the Waterworks Clauses Act, 1847, sections 90 and 91, ante, p. 398. THE ABANDONMENT OF RAILWAYS ACT, 1850. 13 & 14 VICT. CAP. 83. An Act to facilitate the abandonment of railways and the dissolution of railway companies in certain cases. [14th August, 1850.] ment of tised, and on the in. 17. [And be it enacted, that] (a) within one month after Sect. 17. the day on which any such warrant as aforesaid is granted by Abandonthe said Commissioners the railway company to which the railway to same applies shall cause notice thereof to be inserted in the be adverLondon, Edinburgh, or Dublin Gazette, according as the demands railway or part of railway mentioned therein is situate in company England, Scotland, or Ireland, and once in each of three for compensation successive weeks in some newspaper published or circulating to be sent in each county in which any part of such abandoned railway is situate, and to be affixed for three successive Sundays on the principal outer door of the church or churches of every parish in which any such part of such railway is situate, and in Ireland such notice shall also be affixed to the Roman Catholic Chapel, and where there shall be no such church or chapel, on some public or conspicuous place of such parish; and every such notice shall require all persons having any claims or demands upon the said company for compensation or otherwise, by reason of the abandonment of railway authorised by such warrant, to transmit the statement of such claims or demands to the secretary of such company, at the office or usual place of business of the same company, within four months from the date of such warrant. (a) These words and the similar words in italics throughout this statute were repealed by the Statute Law Revision Act, 1891. "Any such Warrant."-That is the warrant which the Railway Commissioners under section 15 are empowered to give authorising the Sect. 17. abandonment of the railway. The powers and duties of the Railway Commissioners were transferred to the Board of Trade by 14 & 15 Viet. Commissioners of Railways the due c. 64. The power of the Board of Trade as to granting a warrant ordering a railway company to be wound up appears to be limited to railway companies incorporated prior to 1867. This Act applied only to railway companies authorised by Act of Parliament theretofore passed. The Railway Companies Act, 1867, provided that the Act of 1850 should "extend and apply to all companies authorised to make railways by Act of Parliament passed before the present session." The Abandonment of Railways Act, 1869 (32 & 33 Viet. c. 114), s. 4, allowed railway companies to be wound up under the Companies Acts, 1862-1867, after the warrant had been granted. The Companies Act, 1862, expressly excepts railway companies from its provisions (section 199). There would appear, therefore, to be no general statute dealing with the winding-up of railway companies incorporated since 1867, and the Board of Trade decided that they would not grant any warrant for the abandonment of a railway formed after 1867. See In re Uxbridge and Rickmansworth Railway Company, 43 Ch. D. 536, p. 557, and see In re Enniskillen and Bundoran Railway Company, 25 L. R. Ir. 472. For the cases as to compensation on the abandonment of a railway, see the notes to the Parliamentary Deposits Act, 1892, post. "To the Secretary."-By section 9 of the Abandonment of Railways Act, 1869 (32 & 33 Viet. c. 114), it is provided that where there is no secretary of the company, or no office of the company the notice given in pursuance of this section may require claims and demands to be sent to such person or to such place as the Board of Trade direct. 18. [And be it enacted, that] upon proof to the satisfaction of the said Commissioners that notice of such warrant has been to certify duly published in manner hereinbefore required, the said Commissioners shall certify the same accordingly; and such tion of the certificate shall be received in all courts of justice or elsewhere as evidence that such notice was duly published as aforesaid. publica notice of the warrant. After the of warrant the company to be released from liability to make the railway. 19. [And be it enacted, that] after the granting of any such warrant, and the publication of such notice thereof as aforesaid, the company shall (subject to the provisions hereinafter contained) be released from all liability to make, maintain, or work the railway mentioned in such warrant, or the part thereof thereby authorised to be abandoned, or to purchase any of the lands required for the making thereof, or to complete the purchase of any such lands for the purchase of which notice may have been given, or any contract entered into, by |