Consecration of Churchyards Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 133 |
| Year | 1867 |
Consecration of Churchyards Act, 1867
(30 & 31 Vict.) C A P. CXXXIII.
An Act relating to the Consecration of Churchyards.
[20th August 1867]
Whereas it is expedient to diminish the Expense attendant on the Consecration of Portions of Ground adjoining and added to existing Churchyards:
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:
1 Power for Bishop to sign Instrument of Consecration at Churchyard without Presence of Chancellor, &c.
1. Where any Ground adjoining to an existing Churchyard has been or is added thereto, the Bishop of the Diocese may, if he thinks fit, at the Churchyard or in the Church to which it belongs, by his own Hand, or by the Hand of any Bishop of the United Church ofEngland and Ireland lawfully appointed as his Commissary, sign an Instrument declaring or recording the Consecration of such Ground, without the Presence of the Chancellor or Registrar of the Diocese being necessary; and the Signature of the Bishop to such Instrument shall be attested by the Chancellor or by a Surrogate or by any Two Clergymen of the Diocese, and shall be in the following Form, endorsed on a Plan of the Ground so added: I, A.B. , Bishop of , do hereby declare and record the Ground added to the Churchyard of , as on the within Plan, to be consecrated Ground and Part of the said Churchyard; and such Instrument, so signed and attested, on being deposited in the Registry of the Diocese, shall have the same Effect as a Sentence of Consecration.
2 No Officer attending to take Fee.
2. No Officer of the Bishop or of the Diocese shall receive any Fee for Attendance at such Consecration, or any Allowance for travelling or for Attendance.
3 Fee for Deposit.
3. A Fee of Five Shillings shall be payable to the Registrar for the Deposit of every such Instrument of Consecration.
4 Powers given in School Sites Acts for Conveyance of Land to apply to Conveyances under this Act.
4. And whereas by an Act passed in the Fourth and Fifth Years of the Reign of Her present Majesty, intituledAn Act to afford farther Facilities for the Conveyance and Endowment of Sites for Schools , and by another Act passed in the Twelfth and Thirteenth Years of the Reign of Her present Majesty, intituled An Act to extend and explain the Provisions of the Acts for the granting of Sites for Schools , Powers are given to Persons being seised in Fee Simple, Fee Tail, or for Life of and in any Manor or Lands of Freehold, Copyhold, or Customary Tenure, and having the beneficial Interest therein, to grant, convey, or enfranchise, by way of Gift, Sale, or Exchange in Fee Simple or for Term of Years, any Quantity not exceeding One Acre of such Land as a Site for a School, and it is expedient that the same Powers should be extended to Persons willing to grant Land for the Enlargement of Churchyards or Burial Places in England or Wales : Be it therefore enacted, That the said Acts shall be deemed to apply to all Persons desirous of granting Land for the Purpose of such Enlargement, in the same Way as if the said Land had been granted as a Site for a School; provided nevertheless, that no such Grant shall be made otherwise than in Fee Simple, and may be made in the Form herein-after provided; and that every such Grant made by any Person seised only for Life shall be valid without the Concurrence therein of the Person next entitled in Remainder in Fee Simple or Fee Tail, and such Conveyance shall be good and valid without any Licence or Writ of Ad quod damnum, the Statutes of Mortmain, or any other Statute or Law, to the contrary notwithstanding.
5 Form of Conveyance of Lands for adding to existing Churchyards.
5. Any Lands or Hereditaments adjoining any Churchyard or Burial Place may be conveyed for the Purpose of adding thereto by a Deed in the Form following, with such Variations (if any) as the Circumstances of the Case may require:
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