Winchester Cemetery Act 1840
| Jurisdiction | UK Non-devolved |
| Citation | 1840 c. viii,3 & 4 Vict. c. viii |
| Year | 1840 |
ANNO TERTIO
VICTORLE REGIN.E
***********^*^^^*********^*****^****^**^***^^*^****
w
Cap,
viii.
An Act for establishing a General Cemetery for the
Interment of the Dead in the City and Borough
of Winchester in the County of Southampton.
[23d March 1840.]
HEREAS it would be of great public Advantage if a
General Cemetery were established in an open Situation
within or in the Neighbourhood of the City and Borough
of Winchester in the County of
Southampton,
under certain Regulations
and Restrictions: And whereas the several Persons herein-after named,
together with others, are willing to establish such Cerrietery ; but the
same cannot be effected without the Aid and Authority of Parlia-
ment : May it therefore please Your Majesty that it may be enacted ;
and 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 Parliament assembled, and by the Au-
thority of the same, That David Williams Clerk, Robert Speckott Bar- Company in
ter Clerk, William Simonds, Charles Wittman Benny, Thomas Godwin, corporraed.
James Robbins, John Parmiter, Thomas Penny White Clerk, Harry
Lee Clerk, William Whitear Bulpett3 James Buller East Esquire,
Paidet Saint John Mildmay Esquire, James Willis, Robert Moody,
Frederick Bowker, and all other Persons who have subscribed or who
shall hereafter subscribe to the said Undertaking, and their several
[LocaW] A a and
94
Meaning of
certain
Words in
this Act.
Company
empowered
to purchase
Lands for the
Purposes of
the Act.
Company
empowered
to purchase
3° VICTORIA, Cap.vm.
and respective Executors, Administrators, and Assigns, shall be and
they are hereby united into a Company for establishing and main-
taining the Cemetery end other Works by this Act authorized to be
made, and for that Purpose shall be One Body Corporate by the Name
and Style of " The Winchester Cemetery Company," and by that
Name shall have perpetual Succession, and shall have a Common Seal,
and by that Name shall and may sue and be sued, and also shall have
Power and Authority to purchase and hold Lands and other Heredi-
taments, to them and their Successors and Assigns, for the Use of the
said Undertaking, without incurring any Penalties or Forfeitures, and
shall have and exercise all other Powers and Authorities which are
herein-after given or mentioned.
II.
And be it further enacted. That in the Interpretation or legal
Construction of this Act, where any Word is used importing the Sin-
gular Number or the Masculine Gender only, such Word shall be
understood and held to include several Matters and Things as well as
One Matter and Thing, several Persons as well as One Person, and
Females as well as Males; and where the Word "Corporation" shall
be used, the same shall be understood and held to mean any Body
Politic, Corporate, or Collegiate, Municipal, Civil, or Ecclesiastical,
Aggregate or Sole; unless in any of the Cases aforesaid it be
otherwise specially provided, or there be something in the Subject
or Context repugnant to such Construction.
III.
And be it further enacted, That it shall be lawful for the said
Company and they are hereby authorized and empowered from Time
to Time to treat, contract, and agree, and to employ any Person
to treat, contract, and agree, with the Owner of, or with any Cor-
poration or Person who may be seised, possessed of^ or interested
in, certain Plots or Parcels of Ground situate in the Parish of Saint
Faith in the said City and Borough of Winchester, now or late belong-
^ to the Dean and Chapter of Winchester, and their Lessee William
Simonds Esquire, and the London and South-western Railway Com-
pany, bounded on the North by Saint James's Lane, on the East by
Land belonging to the said London and South-western Railway Com-
pany, and on the South and West by Land belonging to the said
William Simonds, held by Lease of the said Dean and Chapter of Win*
Chester, and who shall be willing to part with the same, or his or their
Right or Interest in the same, for the Purchase or Grant or Gift
thereof,
or of any Part thereof not exceeding in the whole Twelve
Statute Acres, for the Purposes of this Act, and to pay such Purchase
Money or other Consideration for the same as shall be agreed upon
between such Owner, Corporation, or Person as aforesaid and the said
Company; and upon Payment of such Purchase Money or other Con^
sideration to the Corporation or Person entitled .thereto, or upon
Payment thereof into the Bank of England in manner by this Act
directed, as the Case may be, it shall be lawful for the said Company,
their Surveyors, Workmen, or Agents, at any Time thereafter to enter
upon and take possession of the said Lands for the Purposes of this Act.
IVfl And be it further enacted, That it shall be lawful for the said
Company and they are hereby empowered to contract with any Person
5 or
3° VICTORIA, Cap.vm. 95
or Corporation for the Purchase of any Lands (not exceeding in the Two Acres
whole Two Acres) in addition to the Lands herein-before authorized of Land for
to be taken, in such Places as.the said Company shall deem eligible, g^f1™0 ^
for the Purpose of widening existing Roads leading to the said Ceme-
tery, as the said Company shall judge requisite, and it shall be lawful
for" all Corporations and other Persons whomsoever to sell, give, and
convey to the said Company any Lands whatsoever for the Purpose
herein-before mentioned, and to do, execute, or consent to all Acts,
Deeds, and Things for the Purpose of vesting such Lands in the said
Company, in the same Manner respectively as'is herein directed con-
cerning the Lands used for the Purposes of making the said Cemetery,
V. And be it further enacted, That after any Land necessary or All Persons
convenient for the Purposes of this Act shall have been set out and enabled to
ascertained, it shall be lawful for all Corporations, Tenants for Life conveyLands
or in Tail, or for any other partial or qualified Estate or Interest, to the Com-
Husbands, Guardians, Trustees, and Feoffees in Trust for charitable pany.
and other Purposes, Committees, Executors, and Administrators, and
all Trustees and Persons whomsoever, not only for and on behalf of
themselves, their Heirs and Successors, but also for and on behalf of
all Persons entitled in Reversion, Remainder, or Expectancy after
them (if incapacitated or not to be found), and for and on behalf of
their Wives, Wards, Idiots, and Lunatics respectively, and in the
same Manner and to the same Extent as such Wives, Wards, Idiots,
and Lunatics respectively could have done by Law under the Powers
of this Act in case they hod been sole, of full Age, and of sound
Mind, and for and on behalf of their Cestuique Trusts, whether
Infants, Issue unborn, Lunatics, Idiots, Femes Covert, or other Per-
sons,
and for all Femes Covert seised, possessed of, or interested in
their own Right or entitled to Dower or other Interest, and for all
other Persons whomsoever who are or shall be seised or possessed of
or interested in any such Land, to contract for the S(ale, Surrender*
Gift, or other Disposition
thereof,
or of any Part
thereof,
and to con^
vey the same or any Part thereof to the said Company ; and every
Conveyance which shall be made thereof under or by virtue of this
Act shall be good, valid, and effectual to all Intents and Purposes,
not only to convey the Estate and Interest of the Corporation or Per-
son conveying, but also to convey all the Right, Estate, Interest, Use,
Property, Claim, and Demand whatsoever of the Persons entitled in
Remainder, Reversion, or Expectancy after them, and of all such
Wives, Infants, Issue unborn, Idiots, Lunatics, Femes Covert, Ces*
Unique Trusts, and other Persons as aforesaid; and the same shall
be deemed and considered to bar all Estates in and Rights and
Titles to Dower, and all Estates Tail and other Estates in Possession,
Reversion, Remainder, or Expectancy, and the Issue of such Person
and Persons claiming under them, as effectually as the same might be
barred and extinguished by a Conveyance for that Purpose made
under or by virtue of the Statute passed for the Abolition of Fines
and Recoveries, and for the Substitution of more simple Modes of
Assurance, any Law, Statute, or Usage, or any other Matterpr Thing
whatsoever, to the contrary thereof in anywise notwithstanding; and
every such Corporation, Tenant for Life or in Tail, or Person^having
a qualified or partial Estate or Interest, and all such Husbands, Guaiv
dians,
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting