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(Secs. 105. Ireland, if executed elsewhere, be produced to the Clerk of the
106) Company, and an Entry or Memorial of such Assignment shall be made in the Register by the Clerk of the Company, in the same Manner as that of the original Grant; and until such Entry or Memorial no Right of Burial shall be acquired under any such Memorial ; and for every such Entry or Memorial the Clerk shall Fee. 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.
Also the Section numbered 47 of the same Act:
Wills to be
XLVII. An Entry or Memorial of the Probate of every Will by Probates of
which the exclusive Right of Burial within the Cemetery is be- registered. queathed, and in case there be any specific Disposition of such exclusive Right of Burial in the said Will an Entry of such Disposition, shall, within Sis Months after the Probate of such Will, be made in the said Register, in the same Manner as that of the original Grant, and until such Entry no Right of exclusive Burial shall be acquired under such Will ; and for every such Entry or Memorial the Clerk of the Company shall be entitled to demand Clerk's fee. such Sum as the Company think fit, not exceeding the prescribed Sum, or if no Sum be prescribed Two Shillings and Sixpence.
Also the Section numbered 48 of the same Act:
XLVIII. No Body shall be buried in any place wherein the exclusive Vaults to be kept
exclusively for Right of Burial shall have been granted by the Company, except Purchasers of
exclusive Rigbt. with the Consent of the Owner for the Time being of such exclusive Right of Burial.
Also the Section numbered 49 of the same Act:
XLIX. No such Grant as aforesaid shall give the Right to bury No such Grant
to give the Right within the consecrated Part of the Cemetery the Body of any Per- of Burial in son not entitled to be buried in consecrated Ground according to Ground to certhe Rites and Usage of the Established Church, or to place any Monument, Gravestone, Tablet, or monumental Inscription respecting any such Body within the consecrated Part of the Cemetery.
Also the Section numbered 50 of the same Act.
L. The Company may take down and remove any Gravestone, Monu- Power to remove
ment, Tablet, or monumental Inscription which shall have been properly erected.
placed within the Cemetery without their Authority. CVI. That all Payments made to the Commissioners in respect Application of
Payments for of Fees or otherwise arising from the Cemetery or Cemeteries so Burials.
Power for the
Sections 107. 108.) to be provided shall be appropriated towards the Cemetery Rate,
any such Rate be levied ; and if the Amount of such Payments shall at any Time exceed what is required for the Purposes to which the Cemetery Rate is made applicable, such Excess, and, if no Cemetery Rate be levied, the whole of such Payments, shall fall into the Borough Fund herein-after mentioned, and be applicable as Part thereof.
CVII. That it shall be lawful for the Commissioners from Time to Time, and at any Time or Times, without any Licence from the Crown, or suing out any Writ of Ad quod damnum, and notwithstanding the Statutes of Mortmain, to accept and take from any Person or Persons willing to give or convey the same, and to hold to them and their Successors, any Land not exceeding altogether Five Acres, and not being situate within such Distance as aforesaid (a.) of any Dwelling House, except with such Consent as herein-before mentioned, upon or for the Trust and Purpose of a Cemetery or Cemeteries for the Burial of the Bodies of Persons Members of any Congregation or Church of Dissenters from or Nonconformists to the Established Church in the Borough or Neighbourhood thereof, according to such Scheme and Regulations as shall be ordained or appointed upon any such Benefaction, and in default of such Scheme and Regulations, in the Manner directed in and by “The Cemeteries Clauses Act, 1847,” (6.) with respect to the Portion of a Cemetery set apart
as a Place of Burial for the Bodies of Persons not being MemBut no Expence bers of the Established Church : Provided always, that no Part thrown on Rates. of the Expense of acquiring any such Cemetery, or holding or
managing the same, shall be defrayed out of any Rates levied by virtue of this Act, nor shall any Part of the Payments arising
from such Cemetery go to any public Rate or Fund hereby created: After Cemetery Provided also, that after any such Cemetery is provided no Perisiments in other son shall bury or permit to be buried any Corpse or Coffin in the places of Burial. Yard or Ground attached or belonging to any Chapel or Place
of Religious Meetings of such Dissenters or Nonconformists in the Parish, under the like Penalty, and with the like Power of Mitigation, as is herein-before provided in the Case of the Offence of burying in other than the future Cemetery, for every such Offence. (a.)
CVIII. That any Cemetery acquired under the Powers of this Act shall be subject to the Provisions of any General Act for the
provided no in
Any new Cemetery subject to future General
(Sections Regulation of Interments which may be passed in this or any
108.109. subsequent Session of Parliament, and shall also, with reference 110. 111.) to the sanitary Regulation thereof, be subject to any Orders which General Board may be made by the General Board of Health with reference thereunto.
CIX. Provided always, That nothing in this Act contained, siastical Lakes
Saving Ecclenor any Act, Matter, or Thing done by or under the Authority and Rights. of the same, shall extend to invalidate or avoid
Law force for providing new or additional Parochial Burial Grounds,
Ecclesiastical Law or Constitution of the Church of England, or any of the Powers of the Church Building Commissioners; and that the Bishop of the Diocese of Gloucester and Bristol, and any Archdeacon, Chancellor, or Official of the same Diocese, may respectively at all Times exercise such or the like Ecclesiastical Jurisdiction, Rights, and Privileges over and in respect to the consecrated Part of the said future Cemetery as they respectively may now exercise over or in respect to the said present new Parochial Burial Ground.
And with respect to Rates and Funds, be it enacted,
CX. That the Commissioners may from Time to Time divide Public Rating. the Borough into Districts or Parts, for all or any or either of the Purposes of Drainage, cleansing, lighting, paving, watering, Borough in to or Water Supply, under this Act, and make a separate Assess- Districls. ment upon any such District or Part for and in respect of the Purposes for which the same is formed ; and every such District or Part, so far as relates to the Purposes for which such separate Assessment is made, shall be exempt from any other Assessment under this Act for the same Purposes; provided always, that if any Expenses are incurred or to be incurred in respect of Two or more Districts or Parts in common, the same shall be apportioned between them in a fair and equitable Manner; and the Commissioners may throw on the Borough Fund a Rate or Pro- Borough rate portion of the Expenses of Works done in and for any District or of District Kate. Part of the Borough.
of Gas Company
CXI. That where any Property of the Cheltenham Gaslight Rating Property and Coke Company is situate partly within One of such Dis- to District tricts and partly within other of such Districts, but the whole of such Property is assessed in One Sum or Amount to the Rate for
the Relief of the Poor, it shall not be lawful for the Commissioners to assess the whole of such Property to any separate Assessment upon any One District, but only such Part thereof and in such Proportion as the Portion of the Property situate in that District shall bear to the whole of such Property with reference to the rating to the Relief of the Poor.
Section 86 of 11 and 12 Vict. c.
with this Act;
making, purchasing, &c. Sewers. Premises drained not liable to District Rate for Sewers,
CXII. That the Section Number 86 of “The Public Health 63. incorporated Act, 1818,” shall be incorporated with this Act; and such Section and applied to shall also be applicable to making, enlarging, altering, arching
over, covering, or enclosing, and also to the purchasing or acquiring any Sewer : Provided that no Premises whilst and only so long as the same shall not be drained directly or indirectly into a Sewer of the Commissioners (or into a Sewer which the Commissioners are entitled to use) shall be liable to any special Rate for the purchasing, acquiring, making, enlarging, arching over, covering, enclosing, or repairing of any Sewer ; and that no Premises drained into a private Sewer which the Commissioners shall have purchased or acquired or become entitled to use, and to the Use of which Sewer a perpetual Right is appurtenant to such Premises, shall be liable to be rated to any such special Rate as last aforesaid, except in respect of the necessary Reconstruction of such Sewer.
Special Dietrict Rate, for Sewers and permanent works.
LXXXVI. And be it enacted, That whenever any Expenses are in
curred or to be incurred by the Local Board of Health in making, enlarging, altering, arching over, covering, or enclosing any Sewer vested or to be vested in them by this Act, or purchased or acquired by them by virtue thereof, or in or about any other Works, Matters, and Things of a permanent Nature, and executed or done for the Benefit of any District or Part of a District, the said Local Board shall make and levy, in respect of the Premises situate in the District or Part of a District for the Benefit of which the Espenses are incurred or to be incurred, a Rate or Rates, to be called Special District Rates, of such Amount as will be sufficient to discharge the Amount of such Expenses, and Interest thereon, within such Period, not exceeding Thirty Years, as the said Local Board shall in each Case determine : Provided always, with respect to the Cost of making any such new Sewer, that if it appear to the said Local Board that any Premises were sufficiently drained before the new Sewer was made they shall deduct from the Amount of Rates otherwise chargeable in respect of such Premises such a Sum and for such Time as the said Local Board may, under all the Circumstances of the Case, deem to be just.
May extend over 30 years.
Deduction for Premises previously drained.
kets, Fairs, or
(Section 113) CXIII. That, notwithstanding anything herein-before con- Rates for the tained to the contrary, the Expenses of executing the Works of Sewers and and incidental to the Chelt Main Sewer and Tank at the Moor's of Waterworks, Farm aforesaid, the Wyman's Brook Main Sewer, and Hatherley Cemetery, MarBrook Sewer and Tank, herein-before authorised to be made, and Pleasure Ground. in case the Commissioners should at any Time purchase or acquire the aforesaid Markets or Fairs, the Expenses of such Purchase or Acquisition, and other Expenses connected therewith, shall be defrayed by means of a special Rate (a.) upon the whole Borough; and it shall be lawful for the Commissioners, in case they should at any Time or Times purchase or acquire any Waterworks, or any Gasworks or other Works for public Lighting, or any Cemetery, or any Pleasure Ground, under the Powers of this Act, to make special Rates for the Purpose of defraying the Expenses of such Purchase or Acquisition, and other Expenses connected therewith respectively, upon the Borough or any District or Part thereof;
And such Part of the Section numbered 92 of the said Public Redemption Health Act as relates to the Redemption of special District Rates shall be incorporated herewith, and shall apply to all such special Rates as aforesaid, and shall enable any One Person chargeable with any such Rate separately to redeem his Part or Proportion thereof.
of such Rates.
& 12 Vic. c. 63
XCII. Provided always, and be it enacted, That at any Time before section 92 of 11
the Expiration of the Period for which any Special District Rate
(a.) It does not appear clear that the Commissioners have power, vnder this Section, to make rates for the purposes mentioned in it to extend over a lengthened period, in the manner provided by the 86th section of the Public Health Act, last preceding. This section, (which terins the rate “a special rate'' and see the Interpretation Clause 3,) does not make the powers of such 86th section (which terms the rate mentioned in it a Special District Rate) applicable to the purposes mentioned in the 113th section, as is provided in the first clause of the 112th section in res. pect of the works referred to in such clause page 138. The 113th section makes the Redemption clause (92) applicable, which it may be said could not apply, is the rate were not permitted to extend over a long period, but expressio unius est exclusio alterius. The 92nd section would not have applied at all to the special rates mentioned in the 113th section, hence the necessity for the express provision effecting that object; the same necessity it would seem existed for an express provision that the 86th section should be applicable to the rates mentioned in the 113th section. The words of the 113th section are peculiar and express “ notwithstanding anything herein-before contained to the contrary, the Expenses, &c." "shall be defrayed by means of a Special Rate upon the whole Borough”, in one part and “Special Rates" "upon the Borough or any District or part thereof,” in the other part, it does not use the words of the said 86th section of the Publia Health Act or of the 90th section (incorporated by section 117 post) as to Private Improvement Rates viz: “a Rate or Rates" "of such amount, &c. &c.” The Rates for purchasing the sewers of the Cheltenham Sewers' Company will have to be made under the 112th section to which the powers of the 86th section of the Public Health Act are made applicable. It seems like a casus omissus which no rules of construction can supply.