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(Sec. 105) Established Church.
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:
Consecrated Ground to be detined.
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:
A Chapel in connexion with the Established Church to be constructed.
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:
Bodies when in. terred not to be removed without lawful Authority.
and subject to
in new Burial Ground.
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 deeurd in Chel- same shall be locally situate, shall for all Purposes of a Parotenham Parish, chial Burial Ground be deemed to be situate in the Parish of existing rights
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:
Also Sections 51, 58, and 59 of the fume Aot.
(a.) “The Company" is to be read “ Commissioners," seo Section 3, p. 6, anto.
(Section 105) LI. The Bishop of the Diocese in which the Cemetery is situated, Rishop to have
and all Persons acting under his Authority, shall have the same power to object 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:
ing, Wall, or Fence belonging to the Cemetery, or destroy or in- Cemetery.
Also the Section numbered 59 of the same Act:
charge Fire-arms, save at a Military Funeral, in the Cemetery, or Nuisances in to who shall wilfully and unlawfully disturb any Persons assembled Ceinetery. 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. Also the following Sections of the Cemeteries Clauses Act, Also Sections 85 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 :
to 50 of the saune
The Section numbered 35 of the said Act :
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
Church of the Rites of the Established Church as a Place of Burial for
England. 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
allow any Burial (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 llth sec. of the Cemeteries Clauses Act, not incorporated, the company were authorized to build “such chapels" as they thought fit.
(Section 105) Service to be performed in Dissenting Chapels.
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:
Power to appoint
XXXVII. The Company may appoint Gravediggers and other Ser
vants necessary for the Care and Use of the Cemetery, and may
Regulations for ensuring Decency and Eolemnity.
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 :
No‘Burials under or close to Chapels.
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.
Section 40 extended to sub
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 : (6)
Parts of the
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:
(6.) This restriction will not affect the consecrated part, and see note to section 36 of Cemeteries Clauses Act, ante, page 131.
16.) See section 102, arte, page 12
Plan and Book of
of Burial in
(Section 105) XLI. The Company shall cause a Plan of the Cemetery to be made upon a Scale sufficiently large to ow the Situation of every Burial Reference to be
kept, and be open 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
Exclusive right granted by the Company; and no Place of Burial, with exclusive 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 : XLII. The Grant of the exclusive Right of Burial in any part of Form of Grant 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 Schedules 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 to us paid by
of do hereby grant unto the said
the exclusive Right of Burial (or the Right of burying Bodies, as the Case may 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, 80 as to identify the same, and if a Place of exclusive Burial, add, “ numbered
on the Plan of the Cemetery, made in pursuance 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
in the Year of our Lord
Also the Section numbered 43 of the same Act: 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,
Form of Grant.
Grants to be
[a] The Cheltenham Act does not incorporate the Schedule of these forms of Grant and Assignment, though they are bere inserted. Nor does the Schedule to the Cheltenham Act contain any such forms.
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:
Rights of Burial, &c. to be assignable, or may be bequeathed by Will.
Form of Assignment.
XLIV. The exclusive Right of Burial in any such Place of Burial
shall, whether granted in perpetuity or for a limited Time, be con-
Also the Section numbered 45 of the same Act:
shall be by Deed duly stamped, in which the Consideration shall
(a.) Form of Assignment of Right of Burial. I A.B. of
in consideration of the Sum of paid to me by C.D. of
do 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 Case may be] by [here state the Name of the Company] by a Deed of Grant bearing Date the
and 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 Remainder 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.
Assignments to be registered.
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) Soe note to page 133 ante.