Burial Act 1855
| Jurisdiction | UK Non-devolved |
(18 & 19 Vict.) C A P. CXXVIII.
[14th August 1855]
'WHEREAS an Act was passed in the Session of Parliament holden in the Fifteenth and Sixteenth Years of Her Majesty (Chapter Eighty-five), ‘to amend the Laws concerning the Burial of the Dead in the Metropolis;’ and an Act was passed in the Session of Parliament holden in the Sixteenth and Seventeenth Years of Her Majesty (Chapter One hundred and thirty-four), ‘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;’ and an Act was passed in the last Session of Parliament (Chapter Eighty-seven), ‘to make further Provisions for the Burial of the Dead inEngland beyond the Limits of the Metropolis:’ And whereas it is expedient that further Provision should be made for the Burial of the Dead, and that the said Acts should be amended:' 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:
I Orders in Council under the recited Acts may be varied by like Orders.
I. It shall be lawful for Her Majesty, by and with the Advice of Her Privy Council, from Time to Time to postpone the Time appointed by any Order in Council for the Discontinuance of Burials, or otherwise to vary any Order in Council made under any of the said recited Acts or this Act, (whether the Time thereby appointed for the Discontinuance of Burials thereunder or other Operation of such Order shall or shall not have arrived,) as to Her Majesty, with such Advice as aforesaid, may seem fit; and every Order of Her Majesty in Council made before the passing of this Act for varying any Order previously made under the said Acts or any of them shall be deemed valid and effectual in Law.
II Penalty on Persons burying contrary to the Provisions of Orders in Council.
II. If any Person, after the Time mentioned in any Order in Council under the said Acts or any of them, or this Act, for the Discontinuance of Burials, shall knowingly and wilfully bury any Body or in anywise act or assist in the Burial of any Body in any Church, Chapel, Churchyard, Burial Ground, or Place of Burial or (as the Case may be) within the Limits in which Burials have by such Orders been ordered to be discontinued, in violation of the Provisions of any such Order, every Person so offending shall, upon summary Conviction before Two Justices of the Peace, forfeit a Sum not exceeding Ten Pounds.
III Churchwardens may call Vestry for providing Burial Grounds.
III. The Churchwardens or other Persons to whom it belongs to convene Meetings of the Vestry of any Parish in which no Burial Board has been appointed may, at any Time, at their Discretion, without Requisition of Ratepayers for that Purpose, convene a Meeting of such Vestry for the Purpose of determining whether a Burial Ground shall be provided for the Parish; and where any Orderin Council has been made before the passing of this Act for discontinuing Burials (wholly or subject to any Exception or Qualification) in any Burial Ground of any Parish for which no Burial Board has been appointed, or Notice has been given of the Intention of the Secretary of State to make a Representation to Her Majesty in Council that Burials should be discontinued (wholly or subject to any Exception or Qualification) in any Burial Ground of any Parish, the Churchwardens or other Persons to whom it belongs to convene Meetings of Vestry shall, with all convenient Speed after the passing of this Act, convene a Meeting of the Vestry for the Purpose aforesaid; and where at any Time hereafter Notice is given of the Intention of the Secretary of State to make a like Representation in relation to a Burial Ground of any Parish, such Churchwardens or other Persons as aforesaid shall forthwith convene a Meeting of the Vestry for the Purpose aforesaid; and all the Provisions of the said Acts as amended by this Act relating to and consequent upon Vestry Meetings convened upon such Requisition is provided by the first-recited Act shall be applicable to Vestry Meetings convened under this Enactment.
IV Vacancies in Burial Board to be filled up by Vestry within a Month.
IV. Every Vacancy in any Burial Board shall be filled up by the Vestry appointing the same within One Month after such Vacancy shall have happened, and immediately on the Occurrence thereof the same shall be notified by the Burial Board to the Churchwardens or other Persons to whom it belongs to convene Meetings of the Vestry; and in case any such Vestry shall neglect to fill up any such Vacancy, the Vacancy may be filled up by the Burial Board at any Meeting thereof; and every Person to be appointed to supply any such Vacancy shall be a Ratepayer of the Parish for which the Burial Board is appointed; and every such Board may act for any Purpose, notwithstanding any Vacancies therein.
V Monthly Meeting of Boards repealed.
V. So much of Section Thirteen of the said Act of the Fifteenth and Sixteenth Years of Her Majesty as requires that the Burial Board shall meet once at least in every Month shall be repealed.
VI Sanction of Vestry not require for Expenditure and other Acts of Burial Board in certain Cases.
VI. If the Vestry of any Parish shall refuse or neglect to authorize the Expenditure of such Sums as the Burial Board of such Parish shall have declared to be necessary for providing and laying out a Burial Ground, and building the necessary Chapel or Chapels therein, it shall be lawful for such Burial Board to represent such Refusal or Neglect to One of Her Majesty's Principal Secretaries of State; and in case it shall appear to the Secretary of State, after Inquiry into the Circumstances of the Case, that the Burial Board are unable to provide such Burial Ground, or to proceed effectually in the Execution of their Duties, by reason of such Refusal or Neglect, it shall be lawful for such Secretary of State, by Warrant under his Hand, to authorize such Burial Board, without further Authority, Sanction, or Approval of or by such Vestry, to expend such Sums of Money for providing and laying out a Burial Ground, and building the necessary Chapel or Chapels thereon, and to borrow and charge such Money for all or any of such Purposes, and to enter into and make such Contracts and Purchases, and do such other Acts as under the Sections Nineteen, Twenty, Twenty-six, and Forty-two of the said Act of the Fifteenth and Sixteenth Years of Her Majesty might have been expended, borrowed, and charged, entered into, made, and done with the Authority, Approval, and Sanction of such Vestry, subject, nevertheless, to such Limitation of Amount or other Limitation or Restriction as such Secretary of State may by his Warrant prescribe; and all Acts done in pursuance of such Warrant shall be as valid and effectual as if the Authority, Approval, and Sanction of such Vestry had in every Case been obtained.
VII Fees, &c. to be subject to Approval of Secretary of State.
VII. All such Fees, Payments, and Sums as may be fixed, settled, and received by any Burial Board under Section...
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