Burial Act 1853

JurisdictionUK Non-devolved
Citation1853 c. 134
Year1853
Anno Regni VICTORI, Britanniarum Regin,Decimo Sexto & Decimo Septimo. An Act to amend the Laws concerning the Burial of the Dead inEngland beyond the Limits of the Metropolis, and to amend the Act concerning the Burial of the Dead in the Metropolis.

(16 & 17 Vict.) C A P. CXXXIV.

[20th August 1853]

'WHEREAS an Act was passed in the last Session of Parliament‘to amend the Laws concerning the Burial of the Dead in the Metropolis,’ and it is expedient to make better Provision for and in relation to Burials beyond the Limits of the said Act:' Be it therefore 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, as follows:

S-I On Representation of Secretary of State, Her Majesty in Council may restrain the opening of new Burial Grounds, and order Discontinuance of Burials in specified Places.

I On Representation of Secretary of State, Her Majesty in Council may restrain the opening of new Burial Grounds, and order Discontinuance of Burials in specified Places.

I. In case it appear to Her Majesty in Council, upon the Representation of One of Her Majesty's Principal Secretaries of State, that for the Protection of the Public Health the opening of any new Burial Ground in any City or Town, or within any other Limits, save with the previous Approval of One of such Secretaries of State, should be prohibited, or that Burials in any City or Town, or within any other Limits, or in any Burial Grounds or Places of Burial, should be wholly discontinued, or should be discontinued subject to any Exception or Qualification, it shall be lawful for Her Majesty, by and with the Advice of Her Privy Council, to order that no new Burial Ground shall be opened in such City or Town, or within such Limits, without such previous Approval, or (as the Case may require) that after a Time mentioned in the Order Burials in such City or Town, or within such Limits, or in such Burial Grounds or Places of Burial, shall be discontinued wholly, or subject to any Exceptions or Qualifications mentioned in such Order, and so from Time to Time as Circumstances may require; provided always, that Notice of such Representation, and of the Time when it shall please Her Majesty to order the same to be taken into consideration by the Privy Council, shall be published in theLondon Gazette , and shall be affixed on the Doors of the Churches or Chapels of, or on some other conspicuous Places within, the Parishes affected by such Representation, One Month before such Representation is so considered: Provided also, that no such Representation shall be made in relation to the Burial Ground of any Parish until Ten Days previous Notice of the Intention to make such Representation shall have been given to the Incumbent and the Vestry Clerk or Churchwardens of such Parish.

S-II Order not to extend to Burial Grounds of Quakers or Jews, unless expressly included.

II Order not to extend to Burial Grounds of Quakers or Jews, unless expressly included.

II. No such Order in Council as aforesaid shall be deemed to extend to any Burial Ground of the People called Quakers, or of the Persons of the Jewish Persuasion, used solely for the Burial of the Bodies of such People and Persons respectively, unless the same be expressly mentioned in such Order; and nothing in this Act shall prevent the Burial in any such Burial Ground in which for the Time being Interment is not required to be discontinued of the Bodies of such People and Persons respectively; and no such Order in Council as aforesaid shall be deemed to extend to any non-parochial Burial Ground being the Property of any private Person, unless the same be expressly mentioned in such Order.

S-III Burial not to take place after Order in Council for Discontinuance.

III Burial not to take place after Order in Council for Discontinuance.

III. It shall not be lawful, after the Time...

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