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Cemeteries Clauses Act 1847

10 & 11 Vict. c. 65 · Enacted 9 July 1847 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 October 2016.

An Act for consolidating in One Act certain Provisions usually contained in Acts authorizing the making of Cemeteries.

[9th July 1847]C1C2C3I1

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

  1. 1Incorporation with special Act.
  2. Interpretations in this Act
  3. 2“Special Act:” “Prescribed:” “Lands:” “Company.”
  4. 3Interpretations in this and the special Act. Number: Gender: “Person:” “Lands:” “The cemetery:” “Month:” “Superior courts:” “Established Church:” “Justice:” “Two justices:”
  5. Citing the Act
  6. 4Short title of this Act.
  7. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  8. Making of cemetery
  9. 6Construction of cemetery to be subject to the provisions of this and the Land Clauses Consolidation Act 1845.
  10. 7Errors and omissions in Act or Schedule to be corrected by Justices, who shall certify the same Certificate to be deposited.
  11. 8Copies of plans, &c. to be evidence.
  12. 9Company not to dispose of any land consecrated or used for burials.
  13. 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. 11Company may build chapels, &c.
  15. 12Company may make or widen roads to cemetery.
  16. 13No road to be widened without consent.
  17. 14Owners, &c. may enter into agreement for improving roads for that purpose.
  18. 15Cemetery to be inclosed and fenced.
  19. 16Cemetery, &c. to be kept in repair.
  20. 17Company to make compensation for damages done.
  21. Prevention of nuisances
  22. 18Power to make sewers, drains, &c. in and about the cemetery.
  23. 19Certain provisions of Waterworks Clauses Act 1847, incorporated with this Act.
  24. 20Penalty for allowing water to be fouled.
  25. 21Penalty to be sued for within six months.
  26. 22In addition penalty of 50 l., a daily penalty during the continuance of the offence.
  27. Burials
  28. 23A part of cemetery to be set apart and consecrated for burial of members of Established Church.
  29. 24Consecrated ground to be defined.
  30. 25A chapel in connection with the Established Church to be constructed.
  31. 26Bodies when interred not to be removed without lawful authority.
  32. 27Chaplain to be appointed with consent of the bishop.
  33. 28Chaplain to perform burial service when required.
  34. 29Other clergymen of the Established Church may be allowed to officiate.
  35. 30Company to pay the chaplain a stipend approved by the bishop.
  36. 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  37. 32Burials in the consecrated portion to be registered by the chaplain.
  38. 33Registers to be subject to the regulations of 6 & 7 Will. 4. c. 86. as to searches, &c.
  39. 33Section 33
  40. 34Clerk appointment for the consecrated part of the cemetery.
  41. 35As to burial of persons not members of the Church of England.
  42. 36Company may allow any burial service to be performed in dissenting chapels.
  43. 37Power to appoint gravediggers, &c.
  44. 38Regulations for ensuring decency and solemnity.
  45. 39No burials under or close to chapels.
  46. Exclusive rights of burial
  47. 40Parts of the cemetery set apart for exclusive burial. Monumental inscriptions.
  48. 41Plan and book of reference to be kept, and be open to inspection.
  49. 42Form of grant of burial in vault, &c. to be according to Schedule.
  50. 43Register of grants to be kept.
  51. 44Rights of burial, &c. to be assignable, or may be bequeathed by will.
  52. 45Form of assignments.
  53. 46Assignments to be registered.
  54. 47Probates of wills to be registered.
  55. 48Vaults to be kept exclusively for purchasers of exclusive right.
  56. 49No such grant to give the right of burial in consecrated ground to certain persons.
  57. 50Power to remove monuments improperly erected.
  58. 51Bishop to have power to object to monumental inscriptions in consecrated part of cemetery.
  59. Payments to incumbents of parishes
  60. 52Payments to incumbents of parishes from which bodies are brought.
  61. 53Company shall keep account of interments.
  62. 54Account of payments due to incumbents of parishes to be rendered half-yearly.
  63. 55Fees to be paid to incumbents of parishes half-yearly.
  64. 56Payment to be made to the incumbent for the time being, who is to account with his predecessor.
  65. 57Company to pay parish clerks the compensation mentioned.
  66. Protection of cemetery
  67. 58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  68. 59Penalty on persons committing nuisances in the cemetery.
  69. 60Annual accounts to be made up, and a copy transmitted to the clerk of the peace, &c., and be open to inspection.
  70. 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  71. Recovery of damages and penalties
  72. 628 & 9 Vict. c. 20; incorporated as to damages, &c.
  73. 63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  74. 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  75. 65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  76. Access to special Act
  77. 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.
  78. 67Penalty on company failing to keep or deposit such copies.
  79. 68Company not exempt from provisions of any future general Act.
  80. 69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  81. Schedule S to which the foregoing Act refers