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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 defined.

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.

existing rights

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. Consecrated

The consecrated Part of the Cemetery, in whatever Parish the deemed 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 and subject to

Cheltenham, and to be the Burying Ground of the said Parish, in new Burial

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 ex-
ercise 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 en-
titled 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," seo Section 3, p. 6, anto.

Also Sections 51, 38, and 59 of the aume Aot.

to monumental

(Section 105) LI. The Bishop of the Diocese in which the Cemetery is situated, Bishop 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: LVIII. Every person who shall wilfully destroy or injure any Build- Penalty for

damaging the 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:
LIX. Every Person who shall play at any Game o: Sport, or dis- Penalty on Per-

charge 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.
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 same

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
to the Rites of the Established Church as a Place of Burial for Church of

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, ihe company were authorized to build " such chapels" as they thought fit.

(Section 105)
Service to be
performed in
Di ng
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
Grave-diggers,
&e.

XXXVII. The Company may appoint Gravediggers and other Ser

vants 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:

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
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:

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

(6.) See 102, arte, page 123.

(Section 105) XLI. The Company shall cause a Plan of the Cemetery to be made

Plan and Book of 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 Exclusive right 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 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.

Form of Grant. 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 for 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, so 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

Day of

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

Grants to be 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.

(Section 105)

Clerk', Feo.

such Grant and Entry or Memorial of the Date thereof and of the
Parties to, and also of the Consideration for such Gr int, 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 As-
signee 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:

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XLIV. The exclusive Right of Burial in any such Place of Burial

shall, whether granted in perpetuity or for a limited Time, be con-
sidered 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

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

Day of

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. Witness my Hand and Seal this

Also the Section numbered 46 of the same Act:

Day of

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.

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