Cemeteries Clauses Act 1847
10 & 11 Vict. c. 65 · Enacted 9 July 1847 · Extends to United Kingdom
An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Cemeteries.
Annotations to the whole text
Modifications
- C1
Act excluded as to local authorities by Local Government Act 1972 (c. 70), Sch. 26 para. 14(a)
- C2
Preamble omitted under authority of Statute Law Revision Act 1891 (c. 67)
- C3
References to clerk of the peace of the county to be construed (E.W.) as references to proper officer of the county council: Courts Act 1971 (c. 23, SIF 37), s. 56, Sch. 8 para. 1 and Local Government Act 1972 (c. 70, SIF 81:1), s. 251, Sch. 29 Pt. I para. 4(1)(b) and for any reference to the clerk of the peace of, or for, a county there is substituted (N.I.) a reference to the chief clerk for a county court division and for any reference to a clerk of the peace there is substituted (N.I.) a reference to a chief clerk, by S.R. (N.I.) 19/9/103, art. 3
Commencement
- I1
Act wholly in force at Royal Assent
Contents
- 1Incorporation with special Act.
- Interpretations in this Act
- 2“Special Act:” “Prescribed:” “Lands:” “Company.”
- 3Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “The cemetery:” “Month:” “Superior courts:” “Established Church:” “Justice:” “Two justices:”
- Citing the Act
- 4Short title of this Act.
- 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Making of cemetery
- 6Construction of cemetery to be subject to the provisions of this and the Land Clauses Consolidation Act 1845.
- 7Errors and omissions in Act or Schedule to be corrected by Justices, who shall certify the same Certificate to be deposited.
- 8Copies of plans, &c. to be evidence.
- 9Company not to dispose of any land consecrated or used for burials.
- 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 11Company may build chapels, &c.
- 12Company may make or widen roads to cemetery.
- 13No road to be widened without consent.
- 14Owners, &c. may enter into agreement for improving roads for that purpose.
- 15Cemetery to be inclosed and fenced.
- 16Cemetery, &c. to be kept in repair.
- 17Company to make compensation for damages done.
- Prevention of nuisances
- 18Power to make sewers, drains, &c. in and about the cemetery.
- 19Certain provisions of Waterworks Clauses Act 1847, incorporated with this Act.
- 20Penalty for allowing water to be fouled.
- 21Penalty to be sued for within six months.
- 22In addition penalty of 50 l., a daily penalty during the continuance of the offence.
- Burials
- 23A part of cemetery to be set apart and consecrated for burial of members of Established Church.
- 24Consecrated ground to be defined.
- 25A chapel in connection with the Established Church to be constructed.
- 26Bodies when interred not to be removed without lawful authority.
- 27Chaplain to be appointed with consent of the bishop.
- 28Chaplain to perform burial service when required.
- 29Other clergymen of the Established Church may be allowed to officiate.
- 30Company to pay the chaplain a stipend approved by the bishop.
- 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 32Burials in the consecrated portion to be registered by the chaplain.
- 33Registers to be subject to the regulations of 6 & 7 Will. 4. c. 86. as to searches, &c.
- 33Section 33
- 34Clerk appointment for the consecrated part of the cemetery.
- 35As to burial of persons not members of the Church of England.
- 36Company may allow any burial service to be performed in dissenting chapels.
- 37Power to appoint gravediggers, &c.
- 38Regulations for ensuring decency and solemnity.
- 39No burials under or close to chapels.
- Exclusive rights of burial
- 40Parts of the cemetery set apart for exclusive burial. Monumental inscriptions.
- 41Plan and book of reference to be kept, and be open to inspection.
- 42Form of grant of burial in vault, &c. to be according to Schedule.
- 43Register of grants to be kept.
- 44Rights of burial, &c. to be assignable, or may be bequeathed by will.
- 45Form of assignments.
- 46Assignments to be registered.
- 47Probates of wills to be registered.
- 48Vaults to be kept exclusively for purchasers of exclusive right.
- 49No such grant to give the right of burial in consecrated ground to certain persons.
- 50Power to remove monuments improperly erected.
- 51Bishop to have power to object to monumental inscriptions in consecrated part of cemetery.
- Payments to incumbents of parishes
- 52Payments to incumbents of parishes from which bodies are brought.
- 53Company shall keep account of interments.
- 54Account of payments due to incumbents of parishes to be rendered half-yearly.
- 55Fees to be paid to incumbents of parishes half-yearly.
- 56Payment to be made to the incumbent for the time being, who is to account with his predecessor.
- 57Company to pay parish clerks the compensation mentioned.
- Protection of cemetery
- 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 59Penalty on persons committing nuisances in the cemetery.
- 60Annual accounts to be made up, and a copy transmitted to the clerk of the peace, &c., and be open to inspection.
- 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Recovery of damages and penalties
- 628 & 9 Vict. c. 20; incorporated as to damages, &c.
- 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Access to special Act
- 66Copies of special Act to be kept by company at their office, and deposited with the clerk of the peace, and be open to inspection.
- 67Penalty on company failing to keep or deposit such copies.
- 68Company not exempt from provisions of any future general Act.
- 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Schedule S to which the foregoing Act refers