Detention, Distress, and Sale, returning the Overplus (if any) of the said Monies, and such of the said Things distrained as shall remain unsold (if any), upon Demand, to the Owner thereof, or the Person in whose Possession the same shall have been when so detained and distrained as aforesaid, or as he shall direct. (Section 93.) may provide a Machine. XCIII. That it shall be lawful for the Commissioners, at any Commissioners Time when they shall deem it expedient, to provide, erect, place, public Weighing and maintain, in some convenient Place within the Borough, a sufficient and proper Machine (or several such Machines, if requisite,) for the weighing of Waggons, Carts, and other Carriages, together with such Buildings as may be necessary for the due Management and Superintendence of any such Machine, and from Time to Time to employ any proper Person or Persons to attend such Machine, who shall weigh all Carriages brought thereto, and make Entries in Books, to be kept for that Purpose, of the Weights thereof, and deliver Tickets specifying the same Weights to the Drivers of such Carriages; and it shall also be lawful Fees, &c. for the Commissioners from Time to Time to fix and determine what Fees shall be taken by the Person or Persons so attending, from the Drivers of such Carriages, for weighing the same, and also to make and establish Byelaws for the Management of the said Ma- Bye Laws, &c. chine, and relative to the Conduct of the Person or Persons appointed to attend the same, and of the Owners or Drivers of Carriages brought thereto, and for the Prevention and Punishment and Redress of Frauds and Evasions by such Persons, or any of them, in or about the weighing of Carriages and the loading thereof, or otherwise relative thereto, as the Commissioners think proper; and if any Person or Persons so appointed demand, Extortion, &c. take, or accept from any Person whomsoever any greater Fee or Reward than such as shall be allowed by the Commissioners, or shall wilfully disobey or act contrary to any Byelaw so made by Breach of Byethe Commissioners, every Person so offending shall for every such Laws, &c. Offence forfeit and pay any Sum not exceeding Five Pounds; and the Driver of any such Carriage shall, on Demand of any Driver to weigh Person interested, forthwith cause his Carriage to be weighed at such Machine, and if it be weighed with its Load thereon he shall, if so required, cause it to be re-weighed at such Machine after the Discharge of such Load; and if any Driver refuse or Penalty for neglect so to do, he shall forfeit for every such Offence a Sum not exceeding Forty Shillings; and if any Person shall know- Penalty as to ingly act or assist in committing any Fraud respecting the weigh on demand. neglect, &c. frauds, &c. (Secs. 94.95. 96. 97.) ing or Weight of any Carriage, or respecting the Weight or Disposal of the Loading thereof, he shall forfeit for every such Offence a Sum not exceeding Five Pounds. Profits of Mar kets, &c. to go Fund, XCIV. That all the Proceeds and Profits of the said Markets to the Borough and Fairs, if purchased as aforesaid, shall go in aid of the special Rate by which the same shall be so purchased while the same Rate continues, and afterwards such Proceeds and Profits shall go to the Borough Fund; and the Proceeds and Profits of any Weighing Machines to be provided as aforesaid shall go to the Borough Fund. Public Clocks. XCV. And with respect to public Clocks, be it enacted, That the Commissioners may provide and maintain public Clocks, un34 incorporated. der Section 143 of the "Towns Improvement Clauses Act, 1847." 10 & 11 Vict. c. Power to Commissioners to provide public Clocks. Burials. CXLIII. And with respect to Clocks, be it enacted, That the Commissioners may from Time to Time provide such Clocks as they consider necessary, and cause them to be fixed upon or against any public Building, or, with the Consent of the Owner and Occupier, upon or against any private Building, the Situation of which may be convenient for that Purpose, and may cause the Dials thereof to be lighted at Night, and from Time to Time alter and remove any such Clocks to such other like Situation as they shall consider expedient. XCVI. And with respect to Burials, be it enacted, That the Section 81 of 11 and 12 Vict. c. LXXXI. And for the Purpose of preventing the manifold Evils occasioned by the Retention of the Dead in the Dwellings of the Poor, be it enacted, That the Local Board of Health may, if they shall think fit, provide, fit up, and make Byelaws with respect to the Management and Charges for the Use of Rooms or Premises in which Corpses may be received and decently and carefully kept previously to Interment; and the said Local Board may, upon proper Application, and subject to such Regulations and at such Rates and Charges as shall be prescribed by any such Byelaws, make all necessary Arrangements for the decent and economical Interment of any Corpse which may have been received into any Rooms or Premises so provided in pursuance of this Enactment. XCVII. That from and after the passing of this Act it shall not be lawful to bury, or permit or suffer to be buried, any Corpse or Coffin, within or under any Church or Churchyard now or to be hereafter consecrated in the Parish of Cheltenham, other than ject to Re (Sections the Churches and Churchyards of Saint Mary, the Holy Trinity, 97.98.99.) and Saint Peter respectively, and in the said Churches and Church- and those subyards only in Catacombs; that is to say, whenever any Vault or strictions. Grave shall be made or opened, each Coffin shall, after Deposit, be so closely, separately, and exclusively encased or compactly enclosed in a Cavity, Building, or Partition as that no Air shall escape therefrom, and which Cavity, Building, or Partition shall never, after such Deposit, be opened or in any way interfered with; and that Interment in the Church and Churchyard of Saint Mary's Saint Mary Cheltenham shall also be subject to the Restrictions restriction, asfollowing: No new Vault or Grave shall be made therein: subject to special No new Vaults. In the now existing Vaults or Graves none but Members of None but memthe Families to which they respectively belong shall be interred: to be buried. bers of Families present vaults to No Interment shall take place in any now existing Vault or Adaptation of Grave, unless the same were originally constructed, or within future burials. Five Years after the passing of this Act shall be altered and adapted, in or to the Form of Catacombs, so far as regards the Separation of the Bodies buried therein before the passing of this Act from those which thereafter may be there deposited, and so far as regards the Preparation of Cavities for the Isolation of so many Bodies as such existing Vault or Grave shall be sufficiently capacious to receive, or such less Number as it shall be proposed by the Parties interested to deposit therein, to the Satisfaction of the Commissioners; and when so altered and adapted the same Vaults or Graves shall not be interfered with, except for the Deposit of Bodies therein in manner aforesaid, and for the Purpose of sealing up the same after such Deposit. to Interments. XCVIII. That the Commissioners may from Time to Time Regulations as make Rules and Regulations in reference to all Interments in the Borough (the same nevertheless not to affect any lawful Right as to Burial Fees and Payments now existing); and any Person Penalty for who offends against such Rules and Regulations shall for every such Offence be liable to a Penalty not exceeding Five Pounds. offending. XCIX. That for the Purpose of Protection of the Public Superintendence Health the Commissioners, through their Surveyor, shall have a interment. general Superintendence of all Places of Interment now or to be hereafter used within the Parish, and Notice shall be given to of Places of (Sections 100. 101. 102. 103. Power for Com missioners to close Burial Grounds, with the Approba tion of General such Surveyor (at the Office of the Commissioners) of any intended Interment therein; and such Surveyor, or, in his Absence, any Person appointed by him for the Occasion, shall inspect and superintend the Progress and Completion of such Interment. C. That from the Time when the Commissioners resolve, and the General Board of Health concurs in the Resolution, that any future or further Interment within or under any Place or Places Board of Health. Of Interment now or to be hereafter used within the Borough would or might be prejudicial to the Public Health, then all further Interment in such Place as such Resolution prohibits to be so used shall cease. Penalty for Interment contrary to Act. Power of Substitution. Proviso as to consecrated ground. Power to Commissioners to fill up, disuse, &c. in Churches and Churchyards. CI. That any Person who, contrary to this Act, buries, or permits or suffers to be buried, any Corpse or Coffin, or disturbs the same when deposited, as herein-before mentioned, shall for every such Offence be liable to a Penalty not exceeding Twenty Pounds. CII. That in all Cases in which the Commissioners are of opinion that there is any Right or Claim as to Interment prohibited by this Act which should be compensated by means of Substitution of One Space of Ground for another Space of Ground, the Commissioners shall have the Power to make such Substitution in the new Burial Ground towards the Western Extremity of the Town of Cheltenham, or in any Burial Ground which may be hereafter provided for the Parish; provided that no such Substitution of Space in any consecrated Ground shall be made for Space in unconsecrated Ground, nor shall any Substitution of consecrated Ground for consecrated Ground be made without the Consent of the Churchwardens of the Parish. CIII. That it shall be lawful for the Commissioners, at any Time or Times after the passing of this Act, with the Consent of the Churchwardens of the Parish, to take Order and Means to prevent the Escape of Gases from such of the Vaults or Brick Graves in the Churches or Churchyards of the Borough as from Time to Time can be no longer lawfully used for Interment under this Act, and to fill up with Earth, or arch over and cement, or in some other effectual Way seal up the same Vaults and Graves, To improve such and to level and improve the same Churchyards, using in all Churches and Church-yards. Cases proper Precautions not to disturb the Remains of Persons buried in the same Church or Churchyards, and restoring and replacing all Tombs and Grave Stones which shall be removed in (Sections the course of such Works or any of them; and the Commissioners 104.105.) shall defray the Expenses of all such Operations out of the Expenses. Borough Rate. new Cemetery Land. Interment elsc Sts. Mary, Peter, CIV. That when it appears to the Commissioners, and the Provision for General Board of Health certifies, that the Cemetery or new when required. Burial Ground at the Western Extremity of the Borough of Cheltenham is in or approaching to a State unfit or insufficient for the further Reception of Corpses or Coffins, it shall be lawful for the Commissioners, with the Concurrence of the General Board of Health, to purchase Land for the making a Cemetery or Ceme- Purchase of teries for the Parish, and such Purchase shall be One of the Purposes of this Act; and the Commissioners may, with the Con- Rules, &o. currence of the General Board of Health, make Rules and Regulations in all respects as to the Establishment and Management of such Cemetery or Cemeteries, and Fees to be taken and Payments to arise therefrom; and from and after the same shall be When made no made and established, any Person burying, or causing, permitting, where, (except or suffering to be buried, any Corpse or Coffin in any other Place Trinity, and in the Parish than the said Cemetery or Cemeteries (except in the tery) under Churches and Churchyards of Saint Mary, the Holy Trinity, and Saint Peter respectively, in manner and during the Time aforesaid, and except in any Family Vault now existing in the said new Burial Ground, in respect of Members of the same Family, and except in any Cemetery to be provided for Dissenters, as herein-after mentioned,) shall for every Offence be liable to a Penalty of Fifty Pounds, recoverable by any Person, with full Costs of Suit, by Action of Debt in any competent Court, with Power to the Judge of such Court, at his Discretion, to mitigate such Penalty to any Sum not less than Twenty Pounds: Provided always, that such Land so to be purchased shall not be Proviso as to within Three hundred Yards of any Dwelling House, except with the Consent in Writing of the Owner, Lessee, and Occupier of such Dwelling House. Penalty. situation, CV. That in regard to the Cemetery so to be acquired the fol- Sections 23 to 26 lowing several Provisions in the Cemeteries Clauses Act, 1817, shall be incorporated herewith: of 10 and 11 Vict. c. C5. incorporated with this Act. The Section numbered 23 of the said Act : tery to be set XXIII. The Bishop of the Diocese in which the Cemetery is situated A Part of Ceme may, on the Application of the Company, consecrate any Portion apart and senseof the Cemetery set apart for the Burial of the Dead according to of Members of R crated for Eurial |