Burial Act 1857

Anno Regni VICTORI, Britanniarum Regina,Vicesimo & Vicesimo Primo. An Act to amend the Burial Acts.

(20 & 21 Vict.) C A P. LXXXI.

[25th August 1857]

'WHEREAS an Act was passed in the Session holden in the Fifteenth and Sixteenth Years of Her Majesty (Chapter Eight-five), ‘to amend the Laws concerning the Burial of the Deadin the Metropolis;’ and an Act was passed in the Session holden in the Sixteenth and Seventeenth Years of Her Majesty (Chapter One hundred and thirty-four), ‘to amend the Laws concerning the Burialof 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 Session holden in the Seventeenth and Eighteenth Years of Her Majesty (Chapter Eighty-seven), ‘to make further Provisionfor the Burial of the Dead inEngland beyond the Limits of the Metropolis;’ and Acts were passed in the Session holden in the Eighteenth and Nineteenth Years of Her Majesty (Chapters Seventy-eight and One hundred and twenty-eight), ‘to amend the Laws concerning the Burial of the DeadinEngland :’ And whereas it is expedient to amend the said Acts:' 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 As to Approval of Acts done by a Joint Board.

I As to Approval of Acts done by a Joint Board.

I. All Acts authorized to be done by any Burial Board, with the Approval, Sanction, or Authority of the Vestry or Vestries of the Parish or Parishes for which such Board is constituted, may, where a Joint Burial Board is constituted for more than Two Parishes, be done with the Approval, Sanction, or Authority (as the Case may require) of the Vestries of the Majority of such Parishes.

S-II Joint Burial Boards may be dissolved.

II Joint Burial Boards may be dissolved.

II. Where the Vestries of Two or more Parishes have agreed to provide One Burial Ground for the common Use of such Parishes, such Vestries may, at any Time before such Burial Ground has been provided, determine the Union between such Parishes under such Agreement, and upon such Union being so determined all the Provisions of the said Acts and this Act shall be applicable with regard to such Parishes and the respective Burial Boards thereof as if such Union had not been formed, save that any Expenses already properly incurred by the Joint Burial Board for such Parishes shall be defrayed as provided by the said Acts.

S-III Burial Boards may provide more than One Burial Ground.

III Burial Boards may provide more than One Burial Ground.

III. Any Burial Board may, if they see fit, with the Approval of One of Her Majesty's Principal Secretaries of State, provide more than One Burial Ground, and may, if they see fit, with such Approval, instead of setting apart a Portion of any Burial Ground for the Purpose of such Portion being used as unconsecrated Ground, provide separate and distinct Grounds to be used respectively as consecrated and unconsecrated Burial Grounds: Where before the passing of this Act any Burial Board has provided more than One Burial Ground, or has (instead of setting apart a Portion of any Burial Ground for the Purpose of being used as unconsecrated Ground) provided separate and distinct Grounds as consecrated and unconsecrated Burial Grounds, such Burial Board shall be deemed to have acted lawfully and in accordance with the said Acts.

S-IV Local Board of Health may, by Order in Council, be constituted a Burial Board.

IV Local Board of Health may, by Order in Council, be constituted a Burial Board.

IV. In case it appear to Her Majesty's in Council, upon the Petition of the Local Board of Health of any District established under the Public Health Act, or upon the Petition of any Commissioners elected by the Ratepayers, and acting under or by virtue of the Powers of any Local Act of Parliament for the Improvement of any Town, Parish, or Borough, stating that the District of such Local Board of Health or of such Commissioners co-extensive with a District for which it is proposed to provide a Burial Ground, and that no Burial Board has been appointed for such District, and that an Order in Council has been made for closing all or any of the Burial Grounds within the said District, it shall be lawful for Her Majesty, with the Advice of Her Privy Council, in case Her Majesty see fit so to do, to order that such Local Board shall be a Burial Board for the District of such Local Board, or that such Commissioners shall be a Burial Board for the District of such Commissioners, and thereupon such Local Board or such Commissioners, as the Case may be, shall be a Burial Board for such District accordingly; and the Powers and Provisions of the Acts herein-before mentioned (except the Provisions relating to the Constitution or Appointment and Resignation of Members of Burial Boards), and the Provisions herein contained, shall extend to the District of such Board, and to such Board, or to the District of such Commissioners, and to such Commissioners, and to any Burial Ground and Places for the Reception of the Bodies of the Dead previously to Interment which may be provided by such Board or by such Commissioners, in like Manner as to any Parish or Parishes and the Burial Board thereof, and any Burial Ground and any such Places as aforesaid provided by such last-mentioned Board, save that no Approval, Sanction, or Authorization of any Vestry shall be requisite: Provided always, that Notice of such Petition, 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 in One of the Newspapers usually circulating in the District of such Local Board or of such Commissioners, One Month at least before such Petition is so considered: Provided also, that this Enactment shall not apply to any such District as aforesaid exclusively consisting of the whole or Part of One Corporate Borough within the Meaning of the Public Health Act, 1848.

S-V Burial Board may be established for a District not maintaining its own Poor, and which has had no separate Burial Ground.

V Burial Board may be established for a District not maintaining its own Poor, and which has had no separate Burial Ground.

V. The Vestry, or Meeting in the Nature of a Vestry, of any Parish, new Parish, Township, or other District not separately maintaining its own Poor, and which has had no separate Burial Ground, may appoint a Burial Board; and such Vestry or Meeting and the Burial Board appointed by it, shall exercise and have all the Powers which they might have exercised and had under the said Acts and this Act if such Parish, new Parish, Township, or District had had a separate Burial Ground before the passing the said Act of the Eighteenth and Nineteenth Years of Her Majesty: Provided always, that all the Powers of any other Vestry or Meeting and Burial Board, if any, shall then cease and determine, so far as relates to such Parish, new Parish, Township, or District as aforesaid; and until a Burial Ground shall be so provided as aforesaid and consecrated for any new Parish or District created or to be created pursuant to the Provisions of the Sixth and SeventhVictoria , Chapter Thirty-seven, the Seventh and Eighth Victoria , Chapter Ninety-four, and the Nineteenth and Twentieth Victoria , Chapter One hundred and four, or any or either of them, and to which the said Acts, or any or either of them, may apply, the Incumbent of such new Parish or District (if any Burial Ground has been or shall be provided under the herein recited Acts for the Burial of the Dead, or any or either of them, for any Parish or Parishes out of Rates to which such new Parish or District, or any Part thereof, shall have contributed or contribute or be liable,) shall, with respect to the Burial in such last-mentioned Burial Ground of the Remains of the Parishioners or Inhabitants of such new Parish or District, or of such Part thereof as shall have contributed or contribute as aforesaid, as the Case may be, perform the same Duties, and have the same Rights, Privileges, and Authorities, and be entitled to the same Fees, and also the Clerk and Sexton of such new Parish or District shall, when necessary, respectively perform the Duties, and be entitled to the same Fees, in respect of such Burials, as if the said Burial Ground were exclusively the Burial Ground of such new Parish or District, subject nevertheless to all Provisions to which the Incumbents, Clerks, and Sextons of original Parishes are respectively subject in and by the said Burial Acts, or any or either of them: Provided also, that nothing herein contained shall affect the Rights or Privileges of any existing Incumbent, Clerk, or Sexton without the Consent of such Incumbent, Clerk, or Sexton respectively.

S-VI Ordinary of Diocese may consecrate the whole or Part of Land belonging to any Parish for the Burial of poor Persons.

VI Ordinary of Diocese may consecrate the whole or Part of Land belonging to any Parish for the Burial of poor Persons.

VI. Where the Guardians of any Parish or Union are or shall hereafter become possessed of any Land suitable to the Purposes of a Burial Ground, and the Poor Law Board shall...

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