Chipping Barnet Churchyard Act 1818
| Jurisdiction | England & Wales |
| Citation | 1818 c. xxii |
| Year | 1818 |
ANNO QUINQUAGESIMO OCTAVO
GEORGII III. REGIS.
Cap,
xxii.
An A& for enlarging the Church-yard of the Parifh
of Chipping Barnet, in the County of Hertford^
and for other Purpofes relating thereto.
[iqtk March 1818.J
HERE AS the Population of the Parifh of
Chipping
Barnet, in
the County of Hertford, hath lately much increafed, and the
prefent Church-yard is inefficient for the decent Interment of
Perfons dying within the faid Parifh; and it is therefore expedient and
neceffary that the fame mould be enlarged, and that additional Burying:
Ground fhould be provided for the Ufe of the faid Parifh : And whereas
the faid Church-yard adjoins, and;isnear or contiguous unto Ground and'
Premifes upon which certain Meffuages, Erections, and. Buildings are now
ftanding, and alfo to other open and void Ground; and it is definable
that fuch Ground, Meffuages, Erections, Buildings, and Premifes mould
be purchafed for the Purpofe of enlarging the faid Church-yard, and
improving the Avenues to the fame: And whereas there is a Public
Footway over and through the faid Church-yard, leading from the High*
Jireet into Wood-jlreet there,'whereby the faid Church-yard is expofed
to Inroads and Depredations,-and the Graves therein trampled upon and
injured
by-
idle and difofderly Perfons, in Difregard of Public Decency,
which might be prevented, if the faid Footway was flopped up, and
the faid Church-yard inclofed with proper Walls or Fences, and if another
Footway was fet out and made in lieu
thereof:
And whereas the
feveral Purpofes aforefaid cannot be accomplifhed. without the
.
Aid
and Authority of-Parliament: May it therefore pleafe Your'' Majefty
that it may be ena&ed ; and be it enacted by the King's moft Excellent
Majefty, by and with' the Advice and Confent of the Lords Spiritual and'
\JLocal.~]
Temporal,
W
4io 58°GEORGII III. C^.xxii.
Temporal, and Commons, in this prefent Parliament affembled, and by
Appointment the Authority of the fame, That the Reverend David
William
Garroiv,
•
of Truftees. Rea0r of the faid Parifh, and John Dearman, and Robert Tapper,
Churchwardens of the faid Parifh, and the Reftor and Churchwardens
•
of the*"faid Parifh for the Time being, together with Thomas Booth,
.Jeremiah
D\outon,
the Reverend William Marr, Richard Nicholl, Thomas
Parkes,< Andrewx
Reid,
Sampfon Rumball, and Charles White, and
their Sncceffors, to be elefted in Manner hereinafter mentioned, fhall
be,
and they are hereby appointed Truftees for carrying this Aft into Exe-
cution, during fuch Time only as they (except the faid Rector and the
Rector for the Time being of the faid Parifh) fhall continue to aft, and be
New
Truftees Houfeholders within the faid Parifh; and'that when any of the faid
t°^eaPP°int-
Truftees (except the Rector and Churchwardens for the Time being) fhall
y n a" die, refufe, or difcontinue to aft for the Space of One Year, or ceafe
to be a refident'Houfeholder within the faid Parifh, and qualified as herein-
after directed, then the Inhabitants of the fajd Parifh (having a Right to
affemble and vote at and in the Veflry of the faid Parifh) fhall and
they are hereby empowered and required, at their next or any fubfequent
public Veflry Meeting of the faid Parifh, to beholden after each and every
fuch Death, Refufal, or difcontinuing to aft, or ceafing to be a refident
Houfeholder within the faid Parifh, to nominate and appoint One or more
Perfon or Perfons, being a refident Houfeholder or refident Houfeholders
within the faid Parifh, and qualified as hereinafter mentioned, to be a Truflee
or Truftees in the Plape arid Stead of fuch Truflee or Truftees fo dying, re^
fufing, or difcontinuing to aft, or ceafing to be a refident Houfeholder and
^qualified as aforefaid.
bitants
affembled in
Veftry.
If Veftry do
nobappoint,
newTruftees
to-be chofen
by the con-
tinuing
Truf-
tees.
Qualification
of Truftees.
II.
Provided always, and be it further enafted, That in cafe the Inhabit-
ants of the faid Parifh fhall at any Time negleft or refufe to nominate
and appoint fuch new Truftee or Truftees, at the Time and in the Manner
hereinbefore mentioned, then and in every fuch Cafe of Omiflion,Negleft,
or Refufal,,; it fliall and may
be.
lawful to and for the furviving or conti-
nuing- Truftees under this Aft, at any "Meeting to be by them duly held
under and by virtue of this Aft, as hereinafter direfted, to nominateand
appoint One or more Perfon or Perfons, being a refident Houfeholder or
refident Houfeholders within the faid Parifh, and qualified as hereinafter
direfted, to be a Truftee or Truftees in the Place or Stead of fuch Truflee
or Truftees fo dying, refufing, or difcontinuing to aft, or ceafing to be-a
refident Houfeholder-as aforefaid, or ceafing to be^qualified as hereinafter
mentioned.
III.-Provided always, and be it further enafted, That no Perfon (except
the Reftor and Churchwardens of the faid Parifh for the Time being) fhall
be capable of afting as a Truftee in the Execution of this Aft, unlefs at the
Time of his afting therein he fhall be a Houfeholder and refident within
tliefaid Parifh, and afleffed to the Poor's Rate of the faid Parifh at theRate
of Thirty-five Pounds per Annum at the leaft j or be feized or pofTefTed in
his own Right, or in Right of his Wife, and be in the aftuai PofTeflion, En-
joyment, or Receipt of the Rents and Profits of a real Eflate, in Law or
Eq'uity, of the clear yearly Value of Fifty. Pounds, or poffeffed of a pexfonal
Eftate of the Value of pne Thpufand Pounds, over and above.what will be
fufljcjent
tP.
pay and fatisfy aU his.juft Debts
$
and in cafe any Perfon not
being foqaalified fhall prefumeto aft as a Truftee in the.Execution of this.
" Aft,
5$°GEORGII III. Cap.xxil 411
AS?,
every fuch Perfon fhall, for every fuch Offence, forfeit and pay the
Sum of Fifty Pounds to any Perfon or Perfons who fhall fue for the fame,
to be recovered, together with full Cofts of Suit, in any of His Majefty-'s
Courts of Record at Wejlminjier, by Action of Debt, or on the Cafe, or
by Bill, Plaint, or Information, wherein no Effoign, Protection, or Wager
at Law, or more than One Imparlance fhall be allowed; and every Perfon
fo fued or profecuted, fhall prove that he was, at the Time of fo acting, qua-
lified as aforefaid, or otherwife fhall pay the faid Penalty, without any other
Proof or Evidence being given on the Part of the Plaintiff or Proiecutor,
than that fuch Perfon fo fued or profecuted, had acted as a Truftee in the
Execution of this Act; and the Money fo to be recovered as aforefaid, fhall
(after Payment of all extra Cofts arid Expences attending the Recovery
thereof) be applied as follows, (that is to fay,) One Moiety to the Plaintiff
or Profecutor, and the other Moiety thereof to the faid Truftees for the
Purpofesof this Act: Provided neverthelefs, That all Acts and Proceedings
of all and every Perfon and Perfons, fo acting as a Truftee or Truftees in
the Execution of this Aft, (although not duly qualified previoufly to his or
their being convicted of fuch Offence,) fhall, notwithftanding fuch Con-
viction, be as valid and effectual as if fuch Perfon or Perfons had been duly
qualified according to the Directions of this A&.
IV. And be it further enacted, That the faid Truftees fhall, and they are F;tft
Meeting
hereby required to meet at the Veftry-Roomof,or any othermore convenient of Truftees.
place in the faid Parifh of
Chipping
Barnef,
within Twenty-one Days next
^fter the palling of this Act, and to proceed to put this Act into Exe-
cution ; and fhall and may then, and from Time to Time, adjourn their
Meetings, as they or any Three or more of them fhall think proper, and
may alio meet at any Time Or Times without Adjournment, upon Notice
giyen to them in Writing by their Clerk, by
the"
Direction of the Rector
or Churchwardens of the Parifh ,for the Time being, or any Three
or more of the faid Truftees, Three Days before every fueh Meeting,
and that all Ads and Proceedings of the Majority of any Three or more
of the faid Truftees affembled at any of their Meetings, fhall be valid and
binding, to
all.
Intents and Purpofes, as if all the faid Truftees had been
prefent and concurred therein.
V. And be it further enacted, That it fhall and may be lawful to and for Trufte
the faid Truftees for the Time being, and from Time to Time, to appoint £PP0'n
a Treafurer, without a Salary, and alfo a Collector
QV
Collectors of the
jf"au(
Rates or Affeffments to be made by virtue of this Act, and a Clerk; and
to make fuch Clerk and Officers (except the Treafurer) fuch Remu-
neration for their Trouble, either by Way of Salary, Allowance, or Gra-
tuity, as the faid Truftees fhall think neeeffary or. expedient for effecting
the Purpofes of this Act; and fhall take Security from the Treafurer, and
alfp from the faid Collector or Collectors, for the due Execution of their
respective Offices, and for duly accounting for the Monies to be received
by them refpectively; and that it fhall and may be lawful to and for the
faid Truftees; from Time to Time, to discharge any fuch Treafurer, Col-
lector or Collectors, and'Clerk as aforefaid, 'when and as often as they
fhall think proper*
VI.
Provided always, and be it further enafted, That it fhall not be ^JjJfojJ
lawful for the faid Truftees to appoint thei Perfonwho may beappointed to™ the™0'
to fame Perfon.
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