Winchester Cemetery Act 1840

JurisdictionUK Non-devolved
Citation1840 c. viii
Winchester Cemetery Act 1840

(3 & 4 Vict.) c. 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.

[23rd March 1840]

ANNO TERTIO VICTORLE REGIN.E ***********^*^^^*********^*****^****^**^***^^*^**** 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.] w 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 maintaining 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 Hereditaments, 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 Company, bounded on the North by Saint James's Lane, on the East by Land belonging to the said London and South-western Railway Company, 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^f10 ^ for the Purpose of widening existing Roads leading to the said Cemetery, 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 concerning 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 Persons, 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 Person 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, 96 Conveyances to be made at the Expence of the Company. 3 VICTORIA, Cap.vm. dians, Feoffees* Trustees, Committees, and all other Persons is and are and shall be hereby indemnified for what he, she, or they shall do by virtue and in pursuance of this Act. VI. And be it further enacted, That every Conveyance which shall be made to the said Company under the Authority of this Act shall be made at the Expence of the said Company, and may be in the Form or to the Effect following, or as near thereto as the Number of the Parties and the Circumstances of the Case will admit; (that is to say,) Form of Con- veyance. i of in consideration of the Sum of England in the Name and with the Privity of the Accountant arte " The Winchester Ceme- tery Company," or to A.B. of and CD. of Trustees , to the Act after mentioned] Winchester paid by { Company," established and incorporated by an Act passed in the of Year of the Reign \j ^ ^^ * L - - ^ - _ Acf\t do hereby convey [or assign, as the Case may be'] 6 conveyed], together with all Ways, Righ belonging, and all such Estate, Right, Title, and Interest in and to the same and every Part thereof as I am or shall become seised of or entitled to, or am by the said Act capacitated or empowered to ' convey, to hold the Premises to the...

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