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19 & 20 Vic.

c. 98, BURIAL

GROUNDS

gravestone, tablet, or monumental inscription in such burial ground, subject to the provisions herein-before contained: Provided always, that such exclusive rights shall not extend in all to a but exclusive space of one-half of such burial ground.

ACT,

1856.

rights not to extend to half the burial ground.

of bodies to

ground:

may make

22. Any Burial Board may make such arrangements as they may from time to time think fit for regulating and facilitating the conveyance of the Conveyance bodies of the dead from the place of death to any burial burial ground which shall be provided under this Burial Board Act, subject to the provisions of this Act and the regulations to be made thereunder; and it shall be lawful for any of the aforesaid Cemetery Companies from whom the Burial Board shall have made any such purchase, or with whom the Burial Board shall have made any such contract, as herein-before provided, to undertake any such arrangement, and to carry the same into effect, subject to the provisions and regulations aforesaid.

arrange

ments, and Cemetery Companies

may carry same into effect.

Fit places for reception of bodies until interment, may be provided by Burial Boards.

Regulations as to burial grounds,

made by

Lord Lieutenant in Council:

23. It shall be lawful for any Burial Board, subject to the provisions of this Act and the regulations to be made thereunder, to hire, take, or lease, or otherwise to provide, fit and proper places in which bodies may be received and taken care of previously to interment, and to make arrangements for the reception and care of the bodies to be deposited therein; and for providing such places such Boards may exercise all the powers vested in them under this Act for providing burial grounds.

24. It shall be lawful for the Lord Lieutenant in Council from time to time to make such rules &c., may be and regulations, in relation to the burial grounds and places of reception of bodies previous to interment which may be provided under this Act, as may seem proper for the protection of the public health and the maintenance of public decency, and for the proper registry of interments; Penalties for and to provide for the imposition and recovery of penalties not exceeding ten pounds for each offence for the breach or non-observance of such regula

breach of

same.

a See § 17 (p. 566)

c. 98, BURIAL GROUNDS

tions: and the Burial Boards, and all other persons 19 & 20 Vic. having the care of such burial grounds and places for the reception of bodies, shall conform to and obey such regulations.

Аст,

1856.

from toll.

25. No funeral procession, or carriage in such Exemption procession, and no foot passenger, shall, while of funerals going to or returning from the place of interment on the occasion of any interment, be liable to any toll or pontage.

ground may be laid out,

embellished, by Burial Board:

ted to parti

gious deno

26. It shall be lawful for any Burial Board to Burial enclose, lay out, and embellish any burial ground provided by such Board, in such manner as may enclosed, and be fitting or proper: Provided always, that in all cases in which a Burial Board shall provide a new burial ground under this Act, it shall be lawful and parts for such Burial Board, with the sanction of the may be allotLord Lieutenant, to divide such new burial ground cular relior some part thereof into certain parts and minations. proportions, to be allotted in such manner as to the Lord Lieutenant shall seem fit, for the burial of the members of any particular religious denomination; and each such allotment shall, as Such allotthe case may require, be consecrated according to the rites and by the proper ministers of the respective religious denominations for which each such allotment is so set apart.

ments to be consecrated.

Fees and

payments for

interments to

be regulated

27. Every Burial Board under this Act shall, subject to the approval of the Lord Lieutenant, fix and receive such fees and payments in respect by Burial of interments in any burial ground provided by Board: such Board, as they shall think fit, and from time to time revise and alter such fees and payments; and a table showing such fees and payments shall Table of be printed and published, and shall be affixed and fees, &c. at all times continued on some conspicuous part of such burial ground.

Proceedings

kept; and

28. Minutes of all proceedings of the Burial Minutes of Board under this Act, with the names of the of Burial members who attend each meeting, shall be kept; Board to be and the Burial Board shall provide and keep books Accounts: in which shall be entered true and regular accounts of all sums of money received and paid for or on account of the purposes of this Act, and

c. 98, BURIAL GROUNDS

Аст,

1856.

19 & 20 Vic. of all liabilities incurred by them for such purposes, and of the several purposes for which such sums of money are paid and such liabilities incurred; and all such books shall at all reasonable times be open to the examination of every member of the Burial Board and ratepayer, without fee, and they may take copies of or extracts from such books or any part thereof, without paying for the same.

Accounts to be open to inspection.

Burial Board

and remove

Clerk, officers, and scrvants:

and give reand provide

muneration;

an office:

29. The Burial Board may appoint, and may may appoint remove at pleasure, a Clerk and such other officers and servants as shall be necessary for the business of the Board in respect of or for the purposes of their burial ground, and may appoint reasonable salaries, wages, and allowances for such Clerk, officers, and servants, and, when necessary, may hire a sufficient office for transacting the business of such Burial Board; and the provisions and clauses of "The Commissioners Clauses Act, 1847," with respect to the "appointment and accountability of the officers of the Commissioners," shall, so far as the same are not varied by or inconsistent with the provisions of this Act, be incorporated therewith; and the Commissioners in the said Act shall signify the "Burial Board" under this Act".

Appointment and accountability of officer.

Register of

burials to be kept:

Register, evidence.

30. All burials within any burial ground provided under this Act shall be registered in a Register Book to be provided by the Burial Board providing such ground, and kept for that purpose; and such Register Book shall be so kept by some officer appointed by the said Board to do that duty; and in such Register Book shall be distinguished in what parts of the burial ground the several bodies, the burials of which are entered in such Register Book, are buried; and such Register Book, or copies or extracts thereof, or purporting to be copies or extracts thereof, shall be received in all Courts as evidence of the burials entered therein.

a For the provisions of The Commissioners Clauses Act, 1847, which are here referred to, see page 581.

c. 98, BURIAL GROUNDS Аст,

Commission

ers may ad

31. The Commissioners for carrying into execu- 19 & 20 Vic tion an Act of the fourteenth and fifteenth year of Her present Majesty, chapter twenty-three, intituled An Act to authorize for a further period 1856. the advance of money out of the Consolidated Fund Public to a limited amount, for carrying on Public Works Works Loan and Fisheries and employment of the Poor, and any Act or Acts amending the same, may from time to time, if they shall so think fit, make to the Burial Board of any borough or place, for the purposes (14 & 15 Vic. of this Act, any loan, under the provisions of the c. 23, &c.) recited Act or the several Acts therein recited or of poor rates, referred to, upon security of the assessments for borough the relief of the poor of the union, or the borough special rates. fund, or rates in this Act mentioned.

vance money on loan for

purposes

of this Act

on security

fund, or

be defrayed

by rates.

on districts

32. For the purpose of defraying the expenses Expenses to incurred in the execution of this Act, or paying any money borrowed for such purpose, or any interest thereon, the Guardians of every union who shall be appointed the Burial Board of such union or any part thereof, under the provisions of this Act, shall from time to time make and levy such rates as may be necessary on every occupier of rateable hereditaments in or arising within such union or any part thereof, not being within the boundaries or limits of any borough as defined by this Act; and all rates so made under this Act by Burial rates the Guardians of such union shall be applotted, Guardians to made by assessed, and levied on such union, or on such be asse-sed electoral division situate in such union, and wholly directed by or partly on the parishes for which any new burial Poor Law ground shall have been provided under this Act, sioners; as the Poor Law Commissioners for Ireland shall by any order in that behalf direct, and shall be applotted, assessed, and levied as if the sums so payable were sums to be applotted, assessed, and levied for the purpose of carrying into execution the laws for the relief of the destitute poor in Ireland; and all monies borrowed by the Guardians Rates, where of such unions for the purposes of this Act, or any Guardians, interest thereon, shall be secured upon the rates Board, to be authorized to be made by the Guardians of such assessed and union by this Act; and any money required to be

Commis

made by

as Burial

levied as

poor rate.

c. 98.

BURIAL

GROUNDS Аст, 1856

to be defrayed

rate, to be

levied by Town

Council or Commissioners, as borough rate, &c.

directed by

19 & 20 VIC. raised in any borough or town in which a Board of Municipal Commissioners shall have been elected, as herein-before mentioned, for defraying such expense, or paying any money borrowed under this In boroughs, Act by the Council of such borough, or the &e. expenses Municipal Commissioners or Town Commissioners by a separate of such town, or any interest thereon, by means of a rate levied in such borough or town, shall be raised by a separate rate to be levied within such borough or town; and the Council of such borough and the Municipal Commissioners of such town shall have all such powers for making and levying such rate respectively, and all provisions shall be applicable in respect thereof, as in the case of any borough rate or improvement rate authorized to be made therein under the provisions of the respective Acts of Parliament under which the Council of such borough or the Muncipal Commissioners of Districts for such town are constituted: Provided always, that rating may be such rates shall be levied wholly or partly in the parishes within such borough or town for which any new burial ground shall have been provided under this Act, as the Lord Lieutenant in Council shall by any order in that behalf direct; and provided also, that when the amount of the rates not to apply to be assessed by the Council of such borough, or the Municipal Commissioners or Town Commissioners of such town, are limited by law to a certain rateable amount, such limitation shall not apply or extend to expenses incurred for carrying this Act into execution; and it shall be lawful for the Council of such borough or the Municipal Commissioners or Town Commissioners of such town to charge the expenses under this Act in addition to the other borough or town rates respectively; and all monies borrowed by the said Council or the said Commissioners under this Act, or any interest thereon, shall be charged upon the rates authorized to be levied by the said Council or Commissioners respectively by this Act.

Lord Lieu

tenant in Council.

Limitation

of rates in other cases,

to burial

rates.

Guardians or

33. It shall be lawful for the Guardians of any Council may union or the Council of any borough to appropriate lands for the purposes of this Act any land belonging to

appropriate

belonging

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