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New Statutes effecting Alterations in the Law.

Act not to abridge powers of local boards of health, &c.; s. 19.

Local boards of health to exercise powers of this Act; s. 20.

Acts to be construed together; s. 21.

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ground shall be provided for the parish; and where any Order in Council has been made burials (wholly or subject to any exception or before the passing of this Act for discontinuing qualification) in any burial ground of any parish for which no burial board has been appointed, or notice has been given of the inten

The following are the Title and Sections tion of the Secretary of State to make a repreof the Act :

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Whereas an Act was passed in the Session of Parliament holden in the 15 & 16 Vict. c. 85, "to amend the Laws concerning the Burial of the Dead in the Metropolis;" and an Act was passed in the Session of Parliament holden in the 16 & 17 Vict. c. 134, "to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis;" and an Act was passed in the 17 & 18 Vict. c. 87, "to make further Provisions for the Burial of the Dead in England beyond the Limits of the Metropolis:" And whereas it is expedient that further provision should be made for the burial of the dead, and that the said Acts should be amended: Be it therefore enacted, as follows:

1. It shall be lawful for her Majesty, by and with the advice of her Privy Council, from time to time to postpone the time appointed by any Order in Council for the discontinuance of burials, or otherwise to vary any Order in Council made under any of the said recited Acts or this Act (whether the time thereby appointed for the discontinuance of burials thereunder or other operation of such order shall or shall not have arrived), as to her Majesty, with such advice as aforesaid, may seem fit; and every order of her Majesty in Council made before the passing of this Act for varying any order previously made under the said Acts or any of them shall be deemed valid and effectual in law.

2. If any person, after the time mentioned in any Order in Council under the said Acts or any of them, or this Act, for the discontinuance of burials, shall knowingly and wilfully bury any body or in anywise act or assist in the burial of any body in any church, chapel, churchyard, burial ground, or place of burial or (as the case may be) within the limits in which burials have by such orders been ordered to be discontinued, in violation of the provisions of any such order, every person so offending shall, upon summary conviction hefore two justices of the peace, forfeit a sum not exceeding 101.

3. The churchwardens or other persons to whom it belongs to convene meetings of the vestry of any parish in which no burial board has been appointed may, at any time, at their discretion, without requisition of ratepayers for that purpose, convene a meeting of such vestry for the purpose of determining whether a burial

sentation to her Majesty in Council that burials should be discontinued (wholly or subject to any exception or qualification) in any burial ground of any parish, the churchwardens or other persons to whom it belongs to convene meetings of vestry shall, with all convenient speed after the passing of this Act, convene a meeting of the vestry for the purpose aforesaid; and where at any time hereafter notice is given of the intention of the Secretary of State to make a like representation in relation to a burial ground of any parish, such churchwardens or other persons as aforesaid shall forthwith convene a meeting of the vestry for the purpose aforesaid; and all the provisions of the said Acts as amended by this Act relating to and consequent upon vestry meetings convened upon such requisition as provided by the firstrecited Act shall be applicable to vestry meetings convened under this enactment.

4. Every vacancy in any burial board shall be filled up by the vestry appointing the same within one month after such vacancy shall have happened, and immediately on the occurrence thereof the same shall be notified by the burial board to the churchwardens or other persons to whom it belongs to convene meetings of the vestry; and in case any such vestry shall neglect to fill up any such vacancy, the vacancy may be filled up by the burial board at any meeting thereof; and every person to be appointed to supply any such vacancy shall be a ratepayer of the parish for which the burial board is appointed; and every such board may act for any purpose, notwithstanding any vacancies therein.

5. So much of section 13 of the 15 & 16 Vict. as requires that the burial board shall meet once at least in every month shall be repealed.

6. If the vestry of any parish shall refuse or neglect to authorise the expenditure of such sums as the burial board of such parish shall have declared to be necessary for providing and laying out a burial ground, and building the necessary chapel or chapels therein, it shall be lawful for such burial board to represent such refusal or neglect to one of her Majesty's principal Secretaries of State; and in case it shall appear to the Secretary of State, after inquiry into the circumstances of the case, that the burial board are unable to provide such burial ground, or to proceed effectually in the execution of their duties, by reason of such refusal or neglect, it shall be lawful for such Secretary of State, by warrant under his hand, to authorise such burial board, without further authority, sanction, or approval of or by such vestry, to expend such sums of money for providing and laying out a burial ground, and

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New Statutes effecting Alterations in the Law.

building the necessary chapel or chapels there- | to the same laws and regulations in all respects on, and to borrow and charge such money for as the existing burial ground or churchyard of all or any of such purposes, and to enter into the said parish, the land for such new burial and make such contracts and purchases, and ground may be conveyed and settled in ac do such other acts as under the sections 19, 20, cordance with such resolution, anything in this 26, and 42 of the said Act of the 15 & 16 Vict. or the said recited Acts notwithstanding, and might have been expended, borrowed, and in such case it shall not be necessary to set charged, entered into, made, and done with apart to remain unconsecrated any portion of the authority, approval, and sanction of such the land so conveyed and settled: Provided vestry, subject, nevertheless, to such limitation always, that if at any time within 10 years of amount or other limitation or restriction as thereafter the vestry, duly convened under the such Secretary of State may by his warrant provisions of this Act in pursuance of public prescribe; and all acts done in pursuance of notice duly given in that behalf, should detersuch warrant shall be as valid and effectual as mine that an unconsecrated burial ground if the authority, approval, and sanction of such should be also provided for such parish, all vestry had in every case been obtained. the powers and provisions of the said recited Acts and this Act may be put in force and shall be applicable for providing such unconsecrated burial ground separately, in like manner as they might have been put in force and been applicable for providing an ordinary burial ground for such parish.

7. All such fees, payments, and sums as may be fixed, settled, and received by any burial board under section 34 of the said Act of the 15 & 16 Vict., shall be so fixed and settled subject to the approval of one of her Majesty's principal Secretaries of State; and no such fees, payments, or sums shall be altered or varied without such approval.

11. Where a parish or place has been united with any other parish or place, parishes or 8. It shall be lawful for one of her Majesty's places, for all or any ecclesiastical purposes, or principal Secretaries of State from time to time where two or more parishes or places have to appoint and authorise any person to inspect heretofore had a church or a burial ground for any burial ground or cemetery, parochial or their joint use, or where the inhabitants of senon-parochial, or place for the reception of veral parishes or places have been accustomed bodies, to ascertain the state and condition to meet in one vestry for purposes common to thereof, and where regulations in relation there- such several parishes or places, it shall be lawto have been made or may be made by the Se-ful for the vestry or any meeting in the nature cretary of State under the said Acts or any of of a vestry of such several parishes or places in them, to ascertain whether such regulations any of the cases aforesaid, and whether any have been observed and complied with; and if one or more of such parishes or places do or any person having the care of any such burial do not separately maintain its own poor, to apground or cemetery or other place shall ob- point a burial board, and from time to time to struct any person so authorised to inspect the supply vacancies therein, and to exercise the same, or if any person having the care of any same powers of authorisation, approval, and burial ground or place for the reception of sanction in relation to such burial board, and bodies subject to such regulations as afore- such other powers as under the said Acts and said shall violate or neglect or fail to observe this Act are vested in the vestry of a parish or and comply with any such regulation, or any place separately maintaining its own poor; regulation imposed by this Act, every person and the burial board so appointed shall have so offending shall upon summary conviction all the powers for providing a burial ground thereof before two justices forfeit and pay a for the common use of such several parishes sum not exceeding 101. or places, and for facilitating interments, and otherwise, as if such several parishes or places had been a parish separately maintaining its own poor; and the expenses of the burial board appointed under this provision shall be borne by the several parishes or places for which such board is appointed, and shall be apportioned among them by such burial board in proportion to the value of the property in such several parishes or places as rated to the relief of the poor; and the sums required by the burial board in respect of the portion of such expenses to be borne by any such parish or place shall be paid out of the rates for the relief of the poor in such parish or place, in like manner as if such burial board had been appointed for such parish or place alone.

9. So much of the said Act of the 15 & 16 Vict. as enacts that "no ground (not already used as or appropriated for a cemetery) shall be appropriated as a burial ground or as an addition to a burial ground under that Act nearer than 200 yards to any dwelling-house, without the consent in writing of the owner, lessee, and occupier of such dwelling-house," shall be repealed; but no ground not already used as or appropriated for a cemetery shall be used for burials under the said Act or this Act, or either of them, within the distance of 100 yards from any dwelling-house, without such consent as aforesaid.

10. If the ratepayers assembled at any vestry duly convened under the provisions of this Act shall, in pursuance of public notice duly given in that behalf, resolve unanimously that any new burial ground to be provided for their parish, under the provisions of this Act, shall be held and used in like manner and subject

12. The vestry or meeting in the nature of a vestry of any parish, township, or other district not separately maintaining its own poor, which has heretofore had a separate burial ground, may appoint a burial board, and from

New Statutes effecting Alterations in the Law.

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time to time supply vacancies therein, and may | jesty's principal Secretaries of State, upon the. exercise the same powers of authorization, ap- representation of a majority of the vestry of proval, and sanction in relation to such burial any parish, consisting of not less than threeboard, and such other powers as under the fourths of the members of the same, that the said Acts and this Act are vested in the vestry building of a chapel upon the unconsecrated of a parish separately maintaining its own poor; part of any such burial ground for the use of and the burial board so appointed shall have persons not being members of the said church all the powers for providing a burial ground is undesirable and unnecessary, it shall be lawand otherwise as if such parish, township, or ful for the said Secretary of State, if he shall other district had been a parish separately think fit, to signify his opinion to that effect to maintaining its own poor. the burial board of the parish, and the said burial board shall thereupon be relieved from all obligation to build the same: Provided always, that such Secretary of State shall not signify his opinion as aforesaid unless it be shown to his satisfaction that notice of the intention to propose to such vestry to make such representation was given in manner required by law for notices of vestry meetings, and of the special purposes thereof.

15. No land already or to be hereafter purchased or acquired, under the provision of any of the Acts herein before recited, for the purpose of a burial ground (with or without any building erected or to be erected thereon), shall while used for such purposes be assessed to any county, parochial, or other local rates at a higher value or more improved rent than the value or rent at which the same was assessed at the time of such purchase or acquisition.

13. Where any district (whether a parish or township or other subdivision) not separately maintaining its own poor, but forming part of a parish maintaining its own poor, or of an incorporation or other union maintaining the poor of the places comprised therein, by means of a common rate, shall have a burial board, or shall form part of a place or union of places not co-extensive with the area rated for the relief of the poor, and having one burial board, it shall be lawful for such respective burial board to issue their certificate to the overseers of such parish, or the overseers or other persons authorised to make and collect or cause to be collected such common rate (as the case may be), for payment of the sums required for the expenses of such burial board, or where such district not separately maintaining its own poor forms part only of the area of the burial board, of the sums required in respect of the portion of such expenses to be borne by 16. That in any case where the burial boards such district, in like manner as if such district appointed under the said recited Acts of the 15 had been a parish separately maintaining its & 16 and the 16 & 17 Vict., or either of them, own poor, and such overseers or persons for any two parishes, shall provide separate authorised as aforesaid had been the overseers thereof; and such overseers or persons shall pay such sums as shall be required by such certificate, according to the directions of such burial board, and shall levy such sums as may be required for such payments to the burial board by an addition to the parish rate or common rate, so far as the same affects the district in respect of which such payments are required, or by separate rates to be made from time to time on such district; and for levying such additions or separate rates as aforesaid such overseers or other persons shall have the powers, remedies, and privileges, and proceed in the same manner, as in the case of the rates for the relief of the poor; provided that any such rates may (notwithstanding any restriction in relation to the parish rate or common rate) be made and levied at such times as may be necessary to provide for the payments aforesaid.

burial grounds for such parishes respectively, and such burial grounds shall adjoin each other, it shall be lawful for the said burial boards to concur in building, either on one of the said burial grounds or partly on one of such grounds and partly on the other, such chapels as are authorised to be built by the said Acts, and that such chapels when erected shall be used in common by both of such parishes, and be deemed and taken to be the chapels of and belonging to each of such burial grounds respectively, in such manner, consistent with the provisions of the said Acts or either of them, as the said burial boards shall mutually agree upon; and that the said burial boards may agree as to the proportions in which the expenses of erecting such chapel accommodation shall be borne by each of the said boards respectively; and the proportion for each of such parishes of such expenses shall be chargeable upon and paid in the same 14. And whereas doubts have arisen whether manner as the costs of providing burial grounds in all cases in which any burial board shall under the said Acts; and where any burial build in any burial ground provided by such board shall provide a burial ground, and cause board a chapel for the burial service according chapels to be built thereon, pursuant to the to the rites of the united church of England said recited Acts, it shall be lawful for such and Ireland, such burial board is not also burial board, with the sanction of one of her bound by law to build a chapel or chapels upon Majesty's principal Secretaries of State, to the unconsecrated part of such burial ground contract with any other burial board whose for the performance of burial service for per- burial ground shall adjoin the one on which sons not being members of the said church: such chapels shall so have been built, for the Be it enacted, that in any such case as afore-use of such chapels, in such manner and on said, where it shall appear to one of her Ma- such terms as such respective burial boards

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New Statutes.-Summary Procedure on Bills of Exchange Act, 1855.

shall mutually agree, and that during the exist- SUMMARY PROCEDURE ON BILLS

ence of any such agreement such chapels shall be deemed and taken to be the chapels of and belonging to each of such burial grounds re. spectively.

17. It shall be lawful for any burial board, with the sanction of one of her Majesty's principal Secretaries of State, and subject to regulations approved of by him, to let any land purchased by and vested in them under this Act or any of the Acts hereinbefore recited, and which has not been consecrated, and in which no body has been at any time interred, and which is not for the time being required for the purposes of a burial ground, in such manner and on such terms as such board may see fit, but so nevertheless that power shall be réserved to such board to resume any such land which may be required for the purposes aforesaid, upon giving six months' notice.

18. In every case in which any Order in Council has been or shall hereafter be issued for the discontinuance of burials in any churchyard or burial ground, the burial board or churchwardens, as the case may be, shall maintain such churchyard or burial ground of any parish in decent order, and also do the necessary repair of the walls and other fences thereof, and the costs and expenses shall be repaid by the overseers, upon the certificate of the burial board or churchwardens, as the case may be, out of the rate made for the relief of the poor of the parish or place in which such churchyard or burial ground is situate, unless there shall be some other fund legally chargeable with such costs and expenses.

19. Nothing in this Act contained shall in anywise abridge, lessen, or defeat any power, right, or privilege of any local board of health being the burial board of a borough created or to exist under or by virtue of any local Act of Parliament.

20. Any local board of health acting as or created a board under or by virtue of the powers of any local Act of Parliament shall and may have and exercise all the powers, rights, and privileges which by this Act or by the secondly recited Act are or can or may be had, enjoyed, or exercised by any burial board

therein named.

21. The said Acts of the 15 & 16, 16 & 17, and 17 & 18 Vict. and this Act shall be read and construed together as one Act.

A useful edition of this Act has been

published, with notes, forms, and practical instructions, by T. BAKER, Esq., Barrister at-Law, of the Burial Acts' Office.1

1 W. Maxwell, 32, Bell Yard, Lincoln's Inn.

OF EXCHANGE ACT, 1855.

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ORDERS IN COUNCIL. BOROUGH COURTS OF NORTHAMPTON AND CAMBRIDGE.

It is ordered by her Majesty in Council, that within one month after such order shall have been made and published in the London Gazette, all the provisions of "The Summary Procedure on Bills of Exchange Act, 1855," shall apply to the Court of Record of the borough of Northampton; and that the powers or duties incident to the provisions applied under the said Act, with respect to matters in the said Court of Record, shall and may be exercised by the Recorder of the said Court for the time being, and in his absence by the Registrar of the said Court for the time being, and by their respective deputies.

Court of Record of the borough of Cambridge A similar order was made applicable to the called the Court of Pleas; and the Registrar of the said Court for the time being shall and may exercise the powers or duties incident to the provisions applied under the said Act with respect to matters in the said Court.From the London Gazette of 2nd Nov.

Attorneys becoming Law Reformers-Law of Costs.-Points in Equity Practice.

ATTORNEYS BECOMING LAW

REFORMERS.

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intimate practical knowledge of the working of the law, are far more likely to promote reforms, both in legislation and administration,

WE extract the following from the Birming-than the mere theoretical notions of a whole

ham Journal of October 27.

Senate. It is almost a proverbial saying that the public suffer when attorneys are active; but be this as it may, such activity as we record to-day can only result to the advantage of the Profession socially, and to the benefit of the

Public."

LAW OF COSTS.

OF DISSOLUTION OF PARTNERSHIP
LUNACY.

inquisition.

ON

"Strange as the assertion may appear to the incredulous, we know many instances of patriotic solicitors who devote much time and effort to the public weal; but we confess to having hitherto considered the Profession as a body which, whilst it possessed much power and frequent opportunities for promoting the well-being of society in its laws and institutions, yet was not apt to recognise any claims upon it for these ends; and when we first heard of the great gathering of solicitors in this town, we expected it would be to grumble A PARTNERSHIP between two surgeons (enover reduced bills of costs, and to devise titled to share the profits equally) was dissolved means for bringing more grist to the mill. as from the date of the decree, upon one partGreat, therefore, was our surprise and plea- ner becoming lunatic although not so found by sure to find that at the meeting, of which a long report appears in our present number, and which meeting comprised some of the leading attorneys from the metropolis and all the principal towns of England, the topics which chiefly occupied the members related to the amendment of the law; and the amendments urged were such as are much more important to the general public than to the legal practitioners. Out of the eight papers, three only related to the personal interests of the Legal Profession, and those three had reference not to their pecuniary interests, but to their social position, and the means for improving it. These means were an extended general education, as a condition for admission, and the removal of the distinction between advocates and attorneys, which exists in no other

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The Vice-Chancellor Wood, on further directions, made an order for payment of the costs of both parties out of the partnership assets, upon the authority of Besch v. Frolich, 1 Phill. 172 (Reg. Lib. 1843 a, fo. 1749). Jones v. Welch, 1 Kay & J. 765.

POINTS IN EQUITY PRACTICE.

SUPPLEMENTAL ORDER BEFORE DECREE
WHERE CAUSE DEFECTIVE.
WHERE a cause became defective before
decree by the birth of a child who was a ne-

country besides England, and thus opening cessary party as defendant, a supplemental order against such infant was made under the

the door to honourable advancement.

"We congratulate the attorneys and solicitors, 15 & 16 Vict. c. 86, s. 52. upon possessing an association which affords 1 Kay & J. 643.

them an opportunity of uniting for these worthy objects. We rejoice to see them following the

Pickford v. Brown,

OF PLEA.-LEAVE TO AMEND.

A plea, setting up the insolvency of the plaintiff, was allowed, and the plaintiff thereupon applied that the cause should stand over on the suggestion that before the hearing he would have obtained an order revesting the estate.

men of science in gathering together at stated CAUSE STANDING OVER AFTER HEARING times the elite of their body for the collection and comparison of the results of their observations in their peculiar sphere during the past year, and for the discussion of the general principles deducible therefrom. If this were a matter of importance to one class only, we should not be disposed to notice it; but the public are deeply interested in the encourage ment of this, to us, new feature in the body. The Vice-Chancellor Wood said :-" As to Attorneys have opportunities which no other class possess of observing the defects in the the possibility of the plaintiff obtaining an operations of laws most deeply affecting the order before the cause comes on to be heard, welfare of society; and their reading enables the proper course would have been to have them to make known the secrets of blue books postponed the hearing of the cause for that and the private history of legislation. But

without such meetings as that to which we purpose. If the plea is brought on for hearhave referred, and the public spirit engendered ing, it is the hearing of the cause; and when and fostered by it, the public would lose the the cause is being heard the Court cannot benefit of this knowledge and observation. Let allow it to stand over on the speculation that it be known then far and wide that the attor

neys place themselves in the van of law reform, at some future hearing, or on some future day, and let the public admit of no retreat. The the plaintiff may have put himself in a position experience of such a body of men, and their to maintain his bill."

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