Appendix shall be defrayed out of the Poor Rates of the Parish: Provided No. 3. always, that no such Order as aforesaid shall be made after the End of 12 & 13 Vic. the next Session of Parliament. c. 111. Churchwardens Parishioners in any Cemetery Company or in the Burial X. (a.) And be it enacted, That where it appears to the General Where Churchyard is dangerBoard of Health, or the Commissioners of Health in Ireland, that the ous to Health Churchyard or other Burial Ground of any Parish is dangerous to may agree for Health as aforesaid, and that temporary Provision for Interment else- the Burial of where is urgently required, the Churchwardens of such Parish, with the Ground of the Consent of the Bishop of the Diocese and the Approval of such General Board of Health, or Commissioners of Health in Ireland, shall, if possible, either agree with any Cemetery Company for the Burial in the Ground of such Company of the Bodies of Persons having Right of Burial in the Churchyard or other Burial Ground of such Parish, or agree for the Burial of such Bodies in the Churchyard or Burial Ground of any other Parish of which the Minister and Churchwardens may consent thereto, and make all proper Arrangements in relation to such Burial: Provided always, that where any such Agreement as aforesaid shall be proposed to be made by the Churchwardens of any Parish, such Churchwardens shall submit such proposed Agreement to a Meeting of the Vestry, or Persons having the Powers of Vestry, in such Parish, and if the Majority of Persons assembled at such Meeting shall disapprove such Agreement the Churchwardens shall not proceed therewith; and the Expenses incurred by such Churchwardens in relation to such Agreement, and in carrying the same into effect, shall be paid out of the Poor Rates of their Parish: Provided also, that no such Agreement as aforesaid shall be made after the End of the next Session of Parliament. Health may di where it may be XI. And be it enacted, That where upon any such Inquiry as afore- General Board of said it appears to the General Board of Health that the State of the rect Inquiries, Burial Grounds in any Parish, or in any Parishes which may be con- expedient to proveniently united for the Purposes herein-after mentioned, and the Cir- hibit Interment. cumstances of such Parish or Parishes, render it expedient for the Protection of the Public Health that Interments should be prohibited in such Parish or Parishes, except as after mentioned, and that a Burial Ground or Burial Grounds should be provided for such Parish, or for the common Use of such Parishes, the General Board of Health may direct a Superintending Inspector to make Inquiry in the Manner directed by the Public Health Act, 1848, or as near thereto as Circumstances will permit, into all the Circumstances connected with the Parochial and other Burial Grounds of such Parish or Parishes, and as to the Place or Places in which any Burial Ground or Burial Grounds might be provided, either within or beyond the Limits of such Parish (a.) The 104th and following sections of the Local Act, ante, pages 129, et seq, provide full powers for making and regulating new Cemeteries, and sec note (a) page 260, appendix. Appendix or Parishes, and as to the Means which might he provided for the No. 3. 12 & 13 Vic. Conveyance of Bodies for Interment, and any other Arrangements c. 111. which might be practicable for facilitating the convenient Interment of Bodies in the Burial Ground or Burial Grounds to be so provided, and as to the Rights in any Burial Ground in such Parish or Parishes, not being a Parochial Burial Ground, which might be affected by the Prohibition of Interments in such Parish or Parishes, and as to the Proportions in which several Parishes (if more than One) should contribute to the Expense of providing and maintaining a common Burial Ground or common Burial Grounds for such Parishes, and into such other Matters as the General Board of Health may think necessary for the Purpose of enabling them to judge of the Propriety of framing a Scheme to be submitted to Parliament as herein-after mentioned, and of the Provisions which should be inserted therein; and such superintending Inspector shall report in Writing, in such Manner as the General Board of Health shall direct, the Result of his Inquiries in relation to the Premises. Upon Report Board of Health may frame a Scheme for providing new Burial Grounds. XII. And be it enacted, That upon the Presentation of such Report the General Board of Health shall cause a Copy thereof to be transmitted to the Bishop of the Diocese, and Copies thereof to be published, in such Manner as they may direct, in the Parish or Parishes to which such Report relates, and to be deposited with the Minister and with the Churchwardens of such Parish or each of such Parishes; and the General Board of Health shall receive all such Statements in relation to the Matter of such Report as shall be delivered within a Time to be limited by the said Board in this Behalf, and may, where they think fit, cause further Inquiry to be made in relation to the Matter of such Report; and if after such Inquiry and Report, or further Inquiry as aforesaid, it appear to the said Board expedient so to do, they may frame a Scheme in which shall be set forth such Provisions as to the said Board under the Circumstances of each Case may appear proper for providing a Burial Ground or Burial Grounds for such Parish or Parishes as aforesaid, either within such Parish or any of such Parishes, or beyond the Limits thereof, as the Case may appear to require, to be in Law the Burial Ground for the Parish or for each of the Parishes for the common Use of which the same is or are provided, and for the Maintenance and due Management and Control of such Burial Ground or Burial Grounds; for securing to the Ministers and others having Rights in respect of Burials in the Burial Grounds in which Interment is to be prohibited Compensation by like Rights in respect of Burials in the Burial Ground or Burial Grounds proposed to be provided or otherwise, and for providing and securing Rights in such Burial Ground or Burial Grounds in substitution for other Rights (which in the Opinion of the Board may require to be compensated) Appendix c. 111. in Grounds in which Interment is to be prohibited; for the Election or Appointment of Persons to enter into Contracts for providing such 12 & 13 Vict. Burial Ground or Burial Grounds, and to maintain and manage the same; for facilitating the Conveyance of the Bodies of the Dead from the Place of Death to such Burial Ground or Burial Grounds; for determining the Proportions in which the Expense of providing, maintaining, and managing such Burial Ground or Burial Grounds, where the same is or are provided for the common Use of any Parishes, shall be defrayed by such Parishes respectively; for prohibiting, after such Burial Ground or Burial Grounds shall be provided, Interment in such Parish or Parishes, except in such Cases as it may appear to the said Board may be specified and excepted; and generally for and concerning all Matters in relation to such Burial Ground or Burial Grounds as aforesaid, and the Arrangements consequent upon the Prohibition of Interments as aforesaid: Provided always, that all Provisions which shall be set forth in such Scheme concerning the Consecration of the Burial Ground or Burial Grounds to be provided, and concerning the Burial of Members of the United Church of England and Ireland, and the Compensation to be provided for Rights in respect of Burials and other Rights of Ministers of the said United Church which may be affected by the Prohibition of Interment in Parochial and other Burial Grounds, be approved by the Bishop of the Diocese; provided also, that such Scheme, with the Reports of the Superintending Inspectors in relation to the Matters thereof, shall be presented to both Houses of Parliament forthwith after the framing thereof, or, if Parliament be not then sitting, within Fourteen Days after the next Meeting thereof. XIII. And be it enacted, That in citing this Act in any Act of Par- Short Title of liament, Deed, Instrument, or other Proceeding it shall be sufficient to use the Words "The Nuisances Removal and Diseases Prevention Amendment Act, 1849.” this Act. XIV. And be it enacted, That this Act may be amended or repealed Act may be by any Act to be passed this present Session of Parliament. amended, &c. SCHEDULE to which this Act refers. FORM OF SUMMONS. We, the General Board of Health, or We, whose Names are hereunto set, being Two of the Members of the Board of Health,] do hereby summon and require you personally to appear before the General Board of Health, at in the Parish of of the same Day, and then and there to be examined, and to testify the Truth touching certain Matters with respect to which the Board is authorized to enquire. Sealed with the Seal of the General Board of Health, [or Given under our Hands and Seals, and the Seal of the General Board RAILWAY CLAUSES CONSOLIDATION ACT. The following provisions of "the Railway Clauses Consolidation Act, 1845," are by the 15th Section incorporated with the "Act for well ordering of common Lodging Houses," 14th & 15th Vic. c. 28, ante, page 220 appendix, excepting the commencement and interpretation clauses which are added, as the sections incorporated may have to be construed by the Interpretation Clauses of the Act from which they are incorporated. See note to sec. 3, page 6 of the Cheltenham Improvement Act as to the interpretation of words in sections incorporated from other Acts. ANNO OCTAVO VICTORIÆ REGINE. CAP. XX. AN ACT FOR CONSOLIDATING IN ONE ACT CERTAIN PROVISIONS WHEREAS it is expedient to comprise in One general Act sundry Provisions usually introduced into Acts of Parliament authorizing the Construction of Railways, and that, as well for the Purpose of avoiding the Necessity of repeating such Provisions in each of the 8 Appendix several Acts relating to such Undertakings, as for ensuring greater Uniformity in the Provisions themselves: And whereas a Bill is now pending in Parliament, intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for undertakings of a public Nature, and which is intended to be called "The Lands Clauses Consolidation Act, 1845:" May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That this Operation of Act shall apply to every Railway which shall by any Act which shall to future Railhereafter be passed be authorized to be constructed, and this Act shall ways. be incorporated with such Act; and all the Clauses and Provisions of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, as well as the Clauses and Provisions of every other Act which shall be incorporated with such Act, form Part of such Act, and be construed together therewith as forming One Act. this Act confined And with respect to the Construction of this Act and of other Acts Interpretations to be incorporated therewith, be it enacted as follows: in this Act: "Prescribed:" II. The Expression "the special Act," used in this Act, shall be "Special Act:" construed to mean any Act which shall be hereafter passed authorizing the Construction of a Railway, and with which this Act shall be so incorporated as aforesaid; and the Word "prescribed," used in this Act in reference to any Matter herein stated, shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act; and the Sentence in which such Word shall occur shall be construed as if, instead of the Word "prescribed," the Expression "prescribed for that Purpose in the special Act" had been used; and the Expression "the Lands" shall mean the Lands which “The Lands:" shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression “the Undertaking" shall mean "The Underthe Railway and Works, of whatever Description, by the special Act taking." authorized to be executed. in this and the III. The following Words and Expressions, both in this and the Interpretations special Act, shall have the Meanings hereby assigned to them, unless special Act: there be something in the Subject or Context repugnant to such Construction; (that is to say,) Words importing the Singular Number only shall include the Plural Number: Words importing the Masculine Gender only shall include Females: Gender : |