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(Sec. 105)

Established
Church.

Consecrated

Ground to be defined.

A Chapel in connexion with the Established

Church to be

constructed.

Bodies when interred not to be removed without lawful Authority.

Consecrated
Ground to be

deemed in Chel-
tenham Parish,

and subject to existing rights in new Burial Ground.

Also Sections 51, 58, and 59 of the

Bume Act.

the Rites of the Established Church, if he be satisfied with the Title of the Company (a.) to such Portion, and thinks fit to consecrate such Portion; and the Part which is so consecrated shall be used only for Burials according to the Rites of the Established Church.

Also the Section numbered 24 of the same Act:

XXIV. The Company shall define by suitable Marks the consecrated and unconsecrated Portions of the Cemetery.

Also the Section numbered 25 of the same Act:

XXV. The Company shall build, within the consecrated Part of the Cemetery, and according to a Plan approved of by the Bishop of the Diocese, a Chapel for the Performance of the Burial Service according to the Rites of the Established Church.

Also the Section numbered 26 of the same Act:

XXVI. No Body buried in the consecrated Part of the Cemetery shall be removed from its Place of Burial without the like Authority as is by Law required for the Removal of any Body buried in the Churchyard belonging to a Parish Church.

The consecrated Part of the Cemetery, in whatever Parish the same shall be locally situate, shall for all Purposes of a Parochial Burial Ground be deemed to be situate in the Parish of Cheltenham, and to be the Burying Ground of the said Parish, and the Freehold thereof shall vest, after Consecration, in the Persons in whom the Freehold of the ancient Churchyard and new Parochial Burial Ground is vested, and such Persons shall have and may exercise the same Rights of granting Priveleges of making and using Vaults and Graves and other Rights and Usages in such consecrated Part as they now have or may exercise in the new Parochial Burial Ground; and the Incumbent of St. Mary Cheltenham, and Churchwardens of the said Parish, and Parish Clerk and Sexton respectively, shall have and be entitled to the same Rights, Priveleges, Fees, and Emoluments in the consecrated Part of such Cemetery as they now are entitled to by Prescription, Usage, or otherwise in the new Parochial Burial Ground; but all Payments made to the Churchwardens for Vaults and Graves in the consecrated Part of such Cemetery shall be accounted for and paid over to the Commissioners:

Also the Section numbered 51 of the same Act:

(a.) "The Company" is to be read "Commissioners," see Section 3, p. 6, ante.

(Section 105)

Bishop to have Power to object to monumental

consecrated Part

LI. The Bishop of the Diocese in which the Cemetery is situated, and all Persons acting under his Authority, shall have the same Right and Power to object to the placing, and to and procure the Inscriptions in Removal of any monumental Inscription within the consecrated of Cemetery. Part of the Cemetery as he by Law has to object to or procure the Removal of any monumental Inscription in any Church or Chapel of the Established Church, or the Burial Ground belonging to such Church or Chapel, or any other consecrated Ground. Also the Section numbered 58 of the same Act:

damaging the

LVIII. Every Person who shall wilfully destroy or injure any Build- Penalty for ing, Wall, or Fence belonging to the Cemetery, or destroy or in- Cemetery. jure any Tree or Plant therein, or who shall daub or disfigure any Wall thereof, or put up any Bill therein or on any Wall thereof, or wilfully destroy, injure, or deface any Monument, Tablet, Inscription, or Gravestone within the Cemetery, or do any other wilful Damage therein, shall forfeit to the Company for every such Offence a Sum not exceeding Five Pounds.

Also the Section numbered 59 of the same Act:

sons committing

LIX. Every Person who shall play at any Game or Sport, or dis- Penalty on Percharge Fire-arms, save at a Military Funeral, in the Cemetery, or Nuisances in the who shall wilfully and unlawfully disturb any Persons assembled Cemetery. in the Cemetery for the Purpose of burying any Body therein, or who shall commit any Nuisance within the Cemetery, shall forfeit to the Company for every such Offence a Sum not exceeding Five Pounds.

to 50 of the same

Also the following Sections of the Cemeteries Clauses Act, Also Sections 35 1847; but the same shall extend only to that Portion of the Act. Cemetery which is not set apart for Burials according to the Rites of the Established Church:

The Section numbered 35 of the said Act:

Persons not

Church of
England.

XXXV. The Company may set apart the whole or a Portion of that As to Burial of Part of the Cemetery which is not set apart for Burials according Members of the to the Rites of the Established Church as a Place of Burial for the Bodies of Persons not being Members of the Established Church, and may allow such Bodies to be buried therein, under such Regulations as the Company appoint.

Also the Section numbered 36 of the same Act:

XXXVI. The Company may allow, in any Chapel (a.) built within company may

(a.) No provision is made for building this Chapel, (though there is provision for building one in the consecrated part of the Cemetery, sec. 25 of the Cemeteries Clauses Act, ante, p. 130.) By the 11th sec. of the Cemeteries Clauses Act, not incorporated, the company were authorized to build such chapels" as they thought fit.

allow any Burial

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Section 40

extended to sub

the unconsecrated Part of the Cemetery, a Burial Service to be performed according to the Rites of any Church or Congregation other than the Established Church, by any Minister of such other Church or Congregation duly authorized by Law to officiate in such Church or Congregation, or recognized as such by the religious Community or Society to which he belongs.

Also the Section numbered 37 of the same Act:

XXXVII. The Company may appoint Gravediggers and other Servants necessary for the Care and Use of the Cemetery, and may pay them such Wages and Allowances as they think fit out of the Monies to be received by virtue of this and the special Act, and may remove them or any of them at their Pleasure.

Also the Section numbered 38 of the same Act:

XXXVIII. The Company shall make Regulations for ensuring that all Burials within the Cemetery are conducted in a decent and solemn Manner.

Also the Section numbered 39 of the same Act :

XXXIX. No Body shall be buried in any Vault under any Chapel (a.) of the Cemetery, or within Fifteen Feet of the outer Wall of any such Chapel.

Also the Section numbered 40 of the same Act; and this Prostitution powers' vision shall extend to the Substitution without Price of new Burying Space for Space in the old Burial Grounds not belonging to the Established Church, in Cases wherein the Commissioners are herein-before authorized to make such Substitution: (b)

Parts of the Cemetery may be set apart for exclusive Burial, Monumental Inscriptions.

XL. The Company may set apart such Parts of the Cemetery as they think fit for the Purpose of granting exclusive Rights of Burial therein, and they may sell, either in perpetuity or for a limited Time, and subject to such Conditions as they think fit, the exclusive Right of Burial in any Parts of the Cemetery so set apart, or the Right of One or more Burials therein, and they may sell the Right of placing any Monument or Gravestone in the Cemetery, or any Tablet or monumental Inscription on the Walls of any Chapel or other Building within the Cemetery.

Also the Section numbered 41 of the same Act:

(a.) This restriction will not affect the consecrated part, and see note to section 36 of Cemeteries Clauses Act, ante, page 131.

(b.) See section 102, ante, page 128.

(Section 105)

Plan and Book of

kept, and be open

XLI. The Company shall cause a Plan of the Cemetery to be made upon a Scale sufficiently large to show the Situation of every Burial Reference to be Place in all the Parts of the Cemetery so set apart, and in which to Inspection." an exclusive Right of Burial has been granted; and all such Burial Places shall be numbered, and such Numbers shall be entered in a Book to be kept for that Purpose, and such Book shall contain the Names and Descriptions of the several Persons to whom the exclusive Right of Burial in any such Place of Burial has been granted by the Company; and no Place of Burial, with exclusive to be marked. Right of Burial therein, shall be made in the Cemetery without the same being marked out in such Plan, and a corresponding Entry made in the said Book, and the said Plan and Book shall be kept by the Clerk of the Company.

Also the Section numbered 42 of the same Act :

Exclusive right

XLII. The Grant of the exclusive Right of Burial in any Part of Form of Grant of Burial in the Cemetery, either in perpetuity or for a limited Time, and of Vault, &c. to be according to the Right of One or more Burials therein, or of placing therein Schedule. any Monument, Tablet, or Gravestone, may be made in the Form in the Schedule to this Act annexed, or to the like Effect, and where the Company are not incorporated it may be executed by the Company or any Two or more of them.

(a.) Form of Grant of Right of Burial.

By virtue of [here name the special Act] we [here state the Name or Description of the Company], in consideration of the Sum of

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the exclusive Right of Bodies, as the Case may

do hereby grant unto the said
Burial [or the Right of burying
be,] [or the Right of placing a Monument, Tablet, or Gravestone,]
in [here describe the Ground intended for the exclusive Burial, or
for placing a Monument, Tablet, or Gravestone, as the Case may be,
so as to identify the same, and if a Place of exclusive Burial, add,
"numbered
on the Plan of the Cemetery, made in pur-
suance of the said Act"], to hold the same to the said

in perpetuity [or the Period agreed upon] for the Purpose of Burial
[or as the Case may be].

Given under our Common Seal [or under our Hands and Seals, as the
Case may be,] this

of our Lord

Day of

Also the Section numbered 43 of the same Act:

in the Year

Form of Grant.

XLIII. A Register of all such Grants shall be kept by the Clerk to Register of the Company, and within Fourteen Days after the Date of any kept,

[a] The Cheltenham Act does not incorporate the Schedule of these forms of Grant and Assignment, though they are here inserted. Nor does the Schedule to the Cheltenham Act contain any such forms.

Grants to be

(Section 105)

Clerk's Fee.

Inspection.

Rights of Burial, &c. to be assignable, or may be bequeathed by Will.

Form of Assign

ment.

such Grant and Entry or Memorial of the Date thereof and of the Parties thereto, and also of the Consideration for such Grant, and also a proper Description of the Ground described in such Grant, so as the Situation thereof may be ascertained, shall be made by the said Clerk in such Register; and such Clerk shall be entitled to demand such Sum as the Company think fit, not exceeding the prescribed Sum, or if no Sum be prescribed Two Shillings and Sixpence, for every such Entry or Memorial; and the said Register may be perused at all reasonable Times by any Grantee or Assignee of any Right conveyed in any such Grant, upon Payment of the prescribed Sum, or if no Sum be prescribed the Sum of One Shilling, to the Clerk of the Company.

Also the Section numbered 44 of the same Act:

XLIV. The exclusive Right of Burial in any such Place of Burial shall, whether granted in perpetuity or for a limited Time, be considered as the Personal Estate of the Grantee, and may be assigned in his Lifetime or bequeathed by his Will.

Also the Section numbered 45 of the same Act:

XLV. Every such Assignment made in the Lifetime of the Assignor shall be by Deed duly stamped, in which the Consideration shall be duly set forth, and may be in the Form in the Schedule to this Act annexed, or to the like Effect.

(a.) Form of Assignment of Right of Burial.

I A.B. of

of

in consideration of the Sum paid to me by C.D. of

do

Assignments to be registered.

hereby assign unto the said C.D. the exclusive Right of Burial in
[here describe the Place], and numbered on the Plan of the
Cemetery made in pursuance of the said Act, which was granted
to me [or unto A.B. of
in perpetuity [or as the

Day of

and

Case may be] by [here state the Name of the Company] by a Deed
of Grant bearing Date the
all my Estate, Title, and Interest therein, to hold the same unto
the said C.D. in perpetuity [or, as the Case may be, for the Re-
mainder of the Period for which the same was granted by the said
Company], subject to the Conditions on which I held the same
immediately before the Execution hereof.

Witness my Hand and Seal this

Day of

Also the Section numbered 46 of the same Act:

XLVI. Every such Assignment shall, within Six Months after the Execution thereof, if executed in Great Britain or Ireland, or within Six Months after the Arrival thereof in Great Britain or

[a] See note to page 133 ante.

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