Cemeteries Clauses Act 1847
(10 & 11 Vict.) C A P. LXV.
[9th July 1847]
'WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament authorizing the making of Cemeteries, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves:' Be it 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 Parliamentassembled, and by the Authority of the same, That this Act shall extend only to such Cemeteries as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith, and all the Clauses of this Act, save so far as they shall be expressly varied or excepted in any such Act, shall apply to the Cemetery authorized thereby, so far as they are applicable to such Cemetery, and shall, with the Clauses of every other Act incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act and any Act incorporated therewith, be it enacted as follows:
II ‘special Act:’
II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the making of a Cemetery, and with which this Act shall be incorporated; and the Word‘prescribed’ used in this Act in reference to any Matter herein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act; and the Sentence in which such Word occurs shall be construed as if instead of the Word ‘prescribed’ the Expression ‘prescribed for that Purpose in the special Act’ had been used; and the Expression ‘the Lands’shall mean the Lands which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression‘the Company’ shall mean the Persons by the special Act authorized to construct the Cemetery.
III Interpretations in this and the special Act.
III. The following Words and Expressions in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number only shall include also the Singular Number:
Words importing the Masculine Gender shall include Females:
The Word ‘Person’ shall include a Corporation, whether aggregate or sole:
The ‘Word’ Lands shall include Messuages, Lands, and Hereditaments of any Tenure:
The Expression ‘the Cemetery’ shall mean the Cemetery or Burial Ground, and the Works connected therewith, by the special Act authorized to be constructed:
The Word ‘Month’ shall mean Calendar Month:
The Expression ‘Superior Courts’ shall mean Her Majesty's Superior Courts atWestminster or Dublin , as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the County of Durham:
The Word ‘Oath’ shall include Affirmation in the Case of Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath:
The Expression ‘Established Church’ shall mean the United Church ofEngland and Ireland as by Law established:
The Word ‘County’ shall include any Riding or other Division of a County having a separate Commission of the Peace, and shall also include the County of a City or County of a Town:
The Word ‘Justice’ shall mean Justice of the Peace acting for the Place where the Matter requiring the Cognizance of any such Justice arises, and if such Matter arise in respect of Lands situated not wholly in one Jurisdiction shall mean a Justice acting for the Place where any Part of such Lands shall be situated; and where any Matter is authorized or required to be done by ‘Two Justices’ the Expression ‘Two Justices’shall be understood to mean Two or more Justices met and acting together:
The Expression ‘Quarter Sessions’ shall mean the Quarter Sessions as defined by the special Act, or if such Expression be not therein defined it shall mean the General or Quarter Sessions of the Peace which shall be held at the Place nearest the Cemetery for the County or Place in which the Cemetery or some Part thereof is situated, or for some Division of such County having a separate Commission of the Peace.
And with respect to citing this Act or any Part thereof, be it enacted as follows:
IV Short Title of this Act.
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be sufficient to use the Expression ‘TheCemeteries Clauses Act, 1847.’
V Form in which Portions of this Act may be incorporated in other Acts.
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the making of the Cemetery, be it enacted as follows:
VI Construction of Cemetery to be subject to the Provisions of this and the Lands Clauses Consolidation Act, 1845.
VI. Where by the special Act the Company shall be empowered, for the Purpose of making the Cemetery, to take or use any Lands otherwise than with the Consent of the Owners and Occupiers thereof, they shall, in exercising the Power so given to them, be subject to the Provisions and Restrictions contained in this Act and the Lands Clauses Consolidation Act, 1845, and shall make to the Owners and Occupiers of and all other Parties interested in any Lands taken or used for the Purposes of the special Act, or injuriously affected by the Construction of the Works thereby authorized, full Compensation for the Value of the Lands so taken or used, and for all Damage sustained by such Owners, Occupiers, or other Parties, by reason of the Exercise, as regards such Lands, of the Powers vested in the Company by this or the special Act, or any Act incorporated therewith, and, except where otherwise provided by this or the special Act, the Amount of such Compensation shall be determined in the Manner provided by the Lands Clauses Consolidation Act, 1845, for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof, and all the Provisions of the last-mentioned Act shall be applicable to determine the Amount of such Compensation, and to enforce Payment or other Satisfaction thereof.
VII Errors and Omissions in Act or Schedule to be corrected by Justices, who shall certify the same.
VII. If any Omission, Mis-statement, or wrong Description shall have been made of any Lands, or of the Owners, Lessees, or Occupiers of any Lands, described in the special Act or the Schedule thereto, the Company, after giving Ten Days Notice to the Owners of the Lands affected by such proposed Correction, may apply to Two Justices for the Correction thereof, and if it appear to such Justices that such Omission, Mis-statement, or wrong Description arose from Mistake, they shall certify the same accordingly, and shall in such Certificate state the Particulars of any such Omission, Mis-statement, or wrong Description; and such Certificate shall be deposited with the Clerk of the Peace of the County in which the Landsaffected thereby shall be situated, and thereupon the special Act or Schedule shall be deemed to be corrected according to such Certificate, and the Company make take the Lands according to such Certificate, as if such Omission, Mis-statement, or wrong Description had not been made.
VIII Copies of Plans, &c. to be Evidence.
VIII. Copies of any Alteration or Correction of the special Act, or the Schedule thereto, or of any Extract therefrom, certified by any such Clerk of the Peace in whose Custody such Alteration or Correction may be, which Certificate such Clerk of the Peace shall give to all Parties interested, when required, shall be received in all Courts of Justice or elsewhere as Evidence of the Contents thereof.
IX Company not to dispose of consecrated Land.
IX. The Company shall not sell or dispose of any Land which shall have been consecrated or used for the Burial of the Dead, or make use of such Land for any Purpose except such as shall be authorized by this or the special Act, or any Act incorporated therewith.
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