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[2dtli Julyy 1856.]



Short title.



Interpreta-
tion of
terms.



" Lord Lieu-
tenant ;"

" Conncil ;"



" borough, '
towns.



" Town
Council,"
Town Con*
misnonors.



" Borough
fund,"
town fund ;

"pirlsh;"



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 hj the
authority of the same, as follows :

1. This Act may be cited as "The Burial
Grounds (Ireland) Act, 1856."

2. In this Act, the following words and ex-
pressions shall have the several meanings hereby-
assigned to them, unless there be something in
the subject or context repugnant to such constmc-
tion; that is to say, "Lord Lieutenant" shall
mean the Lord Lieutenant of Ireland or other
Chief Governor or Governors thereof; " Council *
shall mean Her Majesty's Privy Council in
Ireland ; " borough " shall mean any borough or
town corporate in Irelarul, or any town in which
a Board of Municipal Commissioners shall have
been elected, under the provisions of an Act of
the third and fourth years of Her present
Majesty, chapter one hundred and eight, or
in which Town Commissioners shall have been
appointed, under the provisions of an Act of
the ninth year of King George the Fourth, chapter
eighty-two, or an Act of the seventeenth and
eighteenth years of Her present Majesty, chapter
one hundred and three, or any Act amending the
same; "Town Council" shall mean the Town
Council of the borough, or, where there is no
Town Council, the Board of Mimicipal Commis-
sioners, or the Town Commissioners acting for the
Iwrough or town ; " the borough fund " shall be
held to include "the town fund;" "parish" shall

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Fart II, 8.] Burial Grounds Act, 1856. 5C1

extend to any extra-parochial precinct or place ; i9 * 20 vir.

"Ratepayers" shall mean the persons for the Burial

time being assessed to and paying rates, or liable ^ ^^ '^^

to be rated, under the provisions of this Act ; isse.
^ " Town Clerk " shall mean the Town Clerk of the "rat"
'borough, or, where there is no Town Clerk, theP*y«":"

Clerk of the Board of Municipal Commissioners cJ^JJ^.

or of the Town Commissionei-s acting for the

borough or town.

3. In the execution of this Act in poor law "Burial
unions, or any portion thereof not within the ouai^ilns of
limits or boundaries of any borough as defined by the Poor,
this Act, " Burial Board " shall be held to signify town'lVnd
the Board of Guardians for the relief of the poor *>o'^"g»»s ;
within any such poor law union or portion
thereof; and the manner of holding and transact-
ing business at meetings of such Burial Boards

shall be similar to the manner in use in respect of
the relief of the poor : and within the limits or Town ccun-
boundaries of any borough, " the Town Council of ^1;^^^;,^'
the borough " shall be held to be the " Burial boroughs.
Board " of such borough.

4. The Board of Guardians for the relief of the Boards of
poor shall, in carrying into execution the provi- ^bjlrt'io*
siona of this Act, be subject to the direction and control of
control of the Commissioners appointed for ad- commis^
ministering the law lor the relief of the poor in »*o»«»^»-
Ireland,

5. In case it shall appear to the Lord Lieuten- On repre-
ant in Council, upon representation duly made to JuTi y*m°ade.
him, that for the protection of the public health, Lord Lieu-
the opening of any new burial ground in any city council may
or town or within any other limits in Ireland, restrain tho
save with the approval of the Lord Lieutenant, new bunai
should be prohibited,— or that burials in any city Kr di;rn^
or town or within any other limits, or in any tinuancc of
burial grounds or places of burial, should be speoliied"
wholly discontinued, or should be discontinued ?**«••
subject to any exception or qualification, — it shall

be lawful for the Lord Lieutenant, by and with
^e advice of Her Majesty's Privy Council in
Irdandj to order that no new burial ground shall
be opened in any city or town or within such limits,

2b3

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562



Burial Grounds Act, 1856. [Part II. 8.



19 & 20 Vie.

c. 98,

Burial

Grounds

Act,

1856.



Month's
notice of
such reprc-
aeutation to
be publUhod
in Gazette,
dec, before
consiUe ration
thereof.



Lord liea-
tenant in
Council may
rary or post-
pone opera-
tion of orders
for disoon-
tinuanoe of
l>uriaU, &c



Orders in
Coanoil not
to extend
1o burial
grounds of
Quakers, un-
less expressly
mentioned.



Orders in
Council not
to extend to
French
Protrstnut
buri-tl
gnmndi in



without such previous approval, — or (as the
may require) that after a time mentioned in the
order, burials in such city or town or within such
limits, or in such burial grounds or places of
burial, shall be discontinued, wholly or subject to
any exceptions or qualifications mentioned in such
orders, and so from time to time as circumstances
may require : Provided always, that notice of such
representation, and of the time when it shall
please the Lord Lieutenant to order the same to
be taken into consideration by the Privy Council,
shall be published in the Dublin Gazette, and shall
be affixed on the doors of the churches or chapels
of or on some other conspicuous places within the
parishes affected by such representation, one
month before such representation is so considered.

6. It shall be lawful for the Lord Lieutenant,
by and with the advice of the Privy Council, to
postpone the time appointed by any order in
Council for the discontinuance of burials, or other-
wise to vary any order in Council made under this
Act, (whether die time thereby appointed for the
discontinuance of burials thereunder, or other
operation of such order, shall or shall not have
arrived,) as to the Lord Lieutenant in Council
shall seem fit ; and every order of the Lord Lieu-
tenant in Council made for varying any order
previously made under this Act shall be deemed
valid and effectual in law.

7. No such order in Council as aforesaid shall
be deemed to extend to any burial ground of tho
people called Quakers, used solely for the burial
of the bodies of such people, unless the same shall
be expressly mentioned in such order ; and nothing
in this Act shall prevent the burial in any such
burial ground, in which for the time being inter-
ment is not required to be discontinued, of the
bodies of such people.

8. Provided, That no such order in Council as
aforesaid shall be deemed to extend to the burial
grounds or cemeteries situate respectively in
Merrion Row and Peter Street in the city of
Dublin^ the property of the French Protestants,

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Pabt II. 8.] BtMTial Grounds Act, 1856. 663

and used solely for the burial of the bodies of the ^^ ^J^"^'
<iescendants of the Fremjch Protestant refugees, burial
unless the same be expressly mentioned in such ^^^^^
order ; and nothing in this Act shall prevent the is^e.
burial as heretofore in such burial grounds or DubUn. un-
cemeteries respectively, so situate in Merrion Row Jj^n"JJ[^'^
and Feier Street aforesaid, of the bodies of such
<le8cendant8 of French Protestant refugees.

9. If any person, after the time mentioned in Penalty on
any order in Council under this Act for the dis- KrJiSg
continuance of burials, shallknowingly and wilfully where forbid-
l>ury any body, or in anywise act or assist in the ordeJin
burial of any body, in or under any church, chapel, fJS^siJ;^.
churchyard, biunal ground, or place of burial, or mariiy reoov-
elsewhere, as the case may be, within the limits ***** *

in which burials have by such order been ordered
to be discontinued, in violation of the provisions
of any such order, every person so offending shall,
upon summary conviction thereof, forfeit a sum
not exceeding ten pounds.

10. Provided always, That, notwithstanding ^J^J«f/h°J^
any such order in Council, where, by virtue of any to bury in
fiaculty legally granted, or by usage or otherwise, *'*^"* °*"^-
-there is, at the time of the passing of this Act,

any usage or right of interment in or under any
church or chapel affected by such order, or in any
-vault of any such church or chapel, or of any
churchyard or burial ground affected by such
order, and where any exclusive right of interment
in any such burial ground has been piu^chased or
acquired before the passing of this Act, it shall be
lawful for the Lord Lieutenant, from time to time,
on application being made to him, and on being
satisfied that the exercise of such right shall not
be injurious to health, to grant a licence for the
exercise of such right, during such time and subject
to such conditions and restrictions as the Lord
Lieutenant may think fit ; but such licence shall
not prejudice or in anywise affect the authority
of the Ordinary, or of any other person who if this
Act had not been passed might have prohibited
or controlled interment under such right, nor
dispense with any consent which would have been

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564



Burial Grounds Act, 1856. [Part II. 8.



^^ * ^s.^'^ required under such right, nor otherwise give to
Bi-Rui: such right any greater force or effect than the
""act,^^ same would have had if this Act had not been

1856'.

Now burial
Rrounds not
to bo opened
fontrary to
order in
Council,
where* ap-
proral of
Lord Liea-
tenant is
required.

Family
graves: no
corpse to bo
buried in
prirato
grave with-
out consent
of family,
under pe-
nalty £10,
Hunimarily
rccoTcrablc ;



and exhu-
mation, Aec.



Animals not
to b© allowed
in fonoed
burial
places:



Fine on
owners of
animals
found in
burial
grounds.



11. Where by any such order in. Council it is
ordered that no new burial ground shall be opened
in any city or town, or within any limits in such
order mentioned, without the previous approval of
the Lord Lieutenant, no new burial ground or
cemetery (parochial or non-parochial) shall be
provided and used in such city or town, or within
such limits, without such previous approval.

12. Where, by usage or otherwise, any grave,
vault, or place of interment in any bmial ground
or cemetery has been the bur}Tng place of and used
as such by any family, no corpse of any person
not having been a member of such family .shall be
buried in such grave, vault, or place of interment
without the consent in writing of some immediate
relative of the member of such family last interred
therein : and if any person shall knowingly act or
assist in any burial contrary to the provisions of
this clause, every such person shall be liable, on
summary conviction before any two Justices of
the Peace at Petty Sessions, to a penalty not ex-
ceeding ten pounds; and upon any complaint
made under this clause, it shall be lawful for the
Justices at Petty Sessions to make such order for
the exhumation and re-interment of such corpse
so buried as to such Justices shall seem fit.

13. No animal of any description shall be
allowed to gi-aze or to be within the limits of any
burial ground having a sufficient fence ; and it
shall be lawful for any two Justices of the Peace
at Petty Sessions to order the owners of any
animal or animals so found within such burial
ground to pay as a fine a sum not exceeding two
shillings and not less than one shilling for each
animal so found as aforesaid, and to levy and dis-
pose of said fine in the same manner as fines for
trespass of cattle are now levied and disposed of
under the provisions of the law at present in force
in Ireland.



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Part TI. 8.] Bwnal Grounds Act, 1856. . 565

14. Although no burial ground has been closed i9 * 20 vic.
by order in Council, the Clerk of the Union in burial
which any city, town, or place is situate, not being ^^^^^^
witliin the limits of a borough, and the Town isso.
Clerk of any boi-ough, shall, upon the requisition on r^si-
in writing of ten or more persons assessed for the *•''« <'*^*<'"
relief of the poor in such city, town, or place, or ^ tJo'm 'fii-
liable to the payment of borough rate in such b<J^^^"'"^*
borough, respectively, or upon the requisition in special
writing of any two or more members of the Burial Bwd'to^bo
Board of such union or borough respectively, conyencd for
convene a special meeting of the Burial Board of whcthe'r"a"^
such imion or borough, for determining whether ^l^^^ ^^^j^^^
a burial ground shall be provided under this Act be proTidtd,
for such city, town, or place, or for such borough buria?^^ "**
respectively ; and if a miijority of such meeting ground had
ahsdl resolve that a burial ground shaD be pro- bcen^dosJd.
vided under this Act for such city, town, or place,

or borough respectively, such new burial gi'ound .
shall be provided, in the same manner as if an
old burial ground had been closed by order in
Council.

15. Whenever any burial ground shall have on ciosinj?
been closed in any city, town, or place, or in any ^unSTy
borouffh respectively, by order in Council, the order in

T5u • 1 -D 1 -V -x I. n Council,

Bunal Board may, if it shall seem necessary or Bnriai Board
expedient, forthwith proceed to provide a suitable ^er^burlaf
and convenient burial ground for such city, town, ground.
or place, or borough respectively, and to make
arrangements for facilitating interments therein,
under the provisions of this Act.

16. Any burial ground may be provided under Burial
this Act, either within or without the limits of ^''I'^^^^^^JJ
the city or town or borough for which the same of limits of
is provided ; and in case any burial ground to be which "^ri*^'
80 provided for any city, town, or borough shall gjjj'^^'j^''^' -^
be situate without the limits of such city, town, or bunai
borough, the same shall, for the purposes of this ^^^tl^cn^
Act, be considered as if the same was within such <»'»« disianr*
limits : but no ground not already used as or ap- hou»««, *"*
propriated for a cemetery shall be appropriated as a "«*'*■• ^y
burial ground, or as an addition to a burial ground,

under this Act, nearer than one hundred yards to

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566 . BuTial Grounds Act, 1856. [Pabt II. a

'^ * ^ssT**'" ^^^ dwelling house, wiiJiout the consent in writ-
BuRiAL ing of the owner, lessee, and occupier of such
^"i?CTT dwelling house.
1856*. 17. For the providing such burial ground, ifc

BuruT" Bti8il\ be lawful for the Burial Board to contract
^^»^JJ»y for and purchase or take any lands, aaid buiJdingit
kind for thcreon, for the purpose of forming a burial ground^
ground, or ^^ ^^^ making additions to any burial ground to
purchMo or be formed or purchased under thid Act, as such
«emet^riw! Board may think fit ; or to purchase from any
company or persons entitled thereto any cemetery
or cemeteries or part or parts thereof, subject to
the rights in vaults and graves and other subsist-
ing rights which may have been previously granted
therein : Provided always, that it shall be lawful
for such Board, in lieu of providing any such
burial ground, to contract with any such company
or persons entitled as aforesaid, for the interment
in such cemetery or cemeteries, and either in any
alloted part of such cemetery or cemeteries or
otherwise, and upon such terms as the Burial
Board may think fie, of the bodies of persons who
would have had rights of interment in the burial
grounds of such parish or place.
Part of 18. "The Lands Clauses Consolidation Act>

ciau^/Act" 184:5'," except the provisions of that Act "with
inoorporated " rcspcct to the provisions to be made for aJOTording
^' '** " access to the special Act by all parties interested,"
and " with respect to the purchase and taking of
" lands otherwise than by agreement," shall be
incorporated with this Act ; and for the purposes
of this Act, the expression " the promoters of the
\mdertaking," wherever used in the said Act, shall
mean any Burial Board under this Act: Provided
always, that the provisions in the said Act " with
" respect to lands acquired by the promoters <^the
" undertaking under the provisions of this or the
" special Act, or any Act incorporated therewith,
" but which shall not be required for the purposes
"thereof^" shall be held to c^ply only to such

* 8 Vic. c. 18, *' An Act for comolidating in one Act certain
Provisions usual!/ inserted in Acts authorizing the taking of
Land for Undertakings of a puhlio Natora.**

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Pakt II. 8.] £urial Grounds Act, 1856. 567

lands in which no burial shall hare taken place ; ^^ *<,^g^'^'
and such provisions shall not be restricted in bdrial
operation to any fixed period after the purchase of ^^^^'^
such lands. imcl

19. Where any burial ground shall be closed LiabiluTesof
under the provisions of this Act, and a new burial ^'Jjn^^jJ"*^*^
ground provided in place thereof, the whole transferred to
burthen upon and liabilities attaching to the burial ^n Jg.'*'
ground so closed shall be transferred to and become
burthens upon the burial ground provided in place
thereof^ and the revenues of the new burial groiind

shall be liable for the same in like manner as the
revenues of the burial groimd so closed were
liable.

20. The general management, regulation, and JJ*"*^™^"i
control of the burial grounds provided under this grounds
Act shall, subject to the provisions of this Act g JJJJ '"
and the regulations to be made thereunder, be Board*:
vested in and exercised by the respective Burial
Boards providing the same : Provided always, that ?^?~* "
any question which shall arise touching the fitness mental in. <
of any monumental inscription placed or proposed J|J,d^J„ "Jj
to be placed in any part or portion of such grounds sorricos for
shall be determined by the proper ministers of ^^rdencT-*'
the religious denomination to which such part or nwnationa.
portion shall have been allotted : Provided also,

that at the burials of the bodies of members of the
United Church of Erigh/nd and Ireland^ or of the
Koman Catholic Church, or of any other religious
denomination, burial service according to the
respective rites of such church or denomination
may be performed or celebrated by the proper
mrmsters of such church or denomination.

21. Any Burial Board, under such restrictions Kxoiusire
and conditions as thoy think proper, may sell the J^jjjjj^^i-htg
exclusive right of biuial, either in perpetuity or to construct
for a limited period, in such parts of any burial roonumenSj
ground provided by such Board as may be appro *c., may be
priated to that purpose, and also the right of Bunai^
oonstruoting any chapel, vatdt, or place of burial, ®<»fd =
with the exclusive right of bunal therein, in
perpetuity or for a limited period, and also the

light of erecting and placing any monument,

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nG8



Bunal Grounds Act, 1856. [Part II. 8.



19 k 20 Vic.

C.98.

Bun I A r.

GROItKDSi

Act,
)856w

but exclusiro
rights not to
• X lend to half
iho biiiiat
ground.

Conveyance
of bodies to
burial
ground :
Burial Boaid
may make
arrange-
ments, and
Cemetery
Companii h
may c»rry
same into
effect.



Fit places
for reception
of bodies
until inter-
ment, may
be provided
by Burial
Boards.



Regulations
as to burial
grounds,
dec, may bo
made by
Lord Lien-
tenant in
Coanoil :



Penalties fi,r
btcach of
same.



gi-avestone, tablet, or monumental insciiptioii in
such burial ground, subject to the provisiona
herein-before contained : Provided always, that
such exclusive rights shall not extend in all to a
space of one-half of such burial ground.

22. Any Burial Board may make such arrange-
ments as they may from time to time think fit for
regulating and facilitating the conveyance <^ ih»
bodies of the dead from the place of death to any
burial ground which shall be pro^dded imder this
Act, subject to the provisions of this Act and the
regulations to be made thereunder ; and it shall
he lawful for any of the aforesaid Cemetery
Companies from whom the Burial Board shall have
made any such purchase, or with whom the Burial
Board shall have made any such contract, as
herein-before provided*, to undertake any such
arrangement, and to carry the same into effect^
subject to the provisions and regulations aforesaid.

23. It shall be lawful for any Burial Board,
subject to the provisions of this Act and the regula-
tions to be made thereunder, to hire, take, or lease^
or otherwise to provide, fit and proper places in.
which bodies may be received and taken care <£
previously to interment, and to mak^ arrangements
for the reception and care of the bodies to be
depositeil therein ; and for providing such places.
sucli Boards may exercise all the powers vested
in them under this Act for providing burial
gi-ounds.

24. It shall be lawful for the Lord Lieutenant
in Council from time to time to make such rules
and regulations, in relation to the burial grounds
and places of reception of bodies previous to
interment which may be provided under this Act^
as may seem proper for the protection of the
public health and the maintenance of public
decency, and for the proper registry of interments ;
and to provide for the imposition and recovery of
penalties not exceeding ten pounds for each ofience
lor the breach or non-observance of such regula-



» See 5 17 (p. M«)

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Pakt II. 8.] Burial Grounds Act, 1856. 66ft

tions : and the Burial Boards, and all other persons -^ ^^l^^^'
having the care of such bmial grounds and places bukial
for the reception of bodies, shall conform to and ^^^^
obey such regulations. is'^e.

25. No funeral procession, or carriage in such K»iiIptioii
procession, and no foot passenger, shall, '^^^ ?rom't3t^*
going to or returning from the place of interment

on the occasion of any interment, be liable to any
toll or pontage.

26. It shall be lawful for any Burial Board to Burial
eiiclose, lay out, and embellish any burial ground 5^JiSdm*f
I>rovided by such Board, in such manner as may on*!"* .'i- "jjd
be fitting or proper : Provided always, that in all u^BmiLi^ *
cases in which a Burial Board shall provide a new ^''•^ •
burial ground under this Act, it shall be lawful and p«rt«
for such Burial Board, with the sanction of the S!S\o^pl"r
Lord Lieutenant, to divide such new burial ground c'»>»r >■••'*-
or some part thereof into certain parts and mhutionsT
proportions, to be allotted in such manner as to

tlie Lord Lieutenant shall seem fit, for the burial
of the members of any particular religious
denomination : and each such allotment shall, as Such allot-
the case may reqmre, be consecrated according to ooMwjratcd.
the rites and by the proper ministers of the
respective religious denominations for which each
such allotment is so set apart.

27. Every Burial Board under this Act shall, '''«•»•';» .

, • . payments A-r

subject to the approval of the Lord Lieutenant, Intorment* i*
fix and receive such fees and payments in respect ^ eSar*^
of interments in any burial ground provided by Board -.
such Board, as they shall think fit, and from time
to time revise and alter such fees and payments ;
and a table showing such fees and payments shall Tabic of
be printed and published, and shall be affixed and *^^'' **•
at all times continued on some conspicuous part
of such burial ground.

28. Minutes of all proceedings of the Burial ^''"^'^^
fioard \mder this Act, with the names of the o/iiur»ai"**
members who attend each meeting, shall be kept ; J^J^^qJ^
and the Burial Board shall provide and keep books Acoounts:
in which shall be entered true and regular
accounts of all sums of money i-eceived and paid

for or on account of the purposes of this Act, and

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570



Burial Gn/wnds Act, 1856. [Part II. 8.



la&ao Vic.

0.98,

Burial

Grounds

Art,

1856.

Aooounts to
be open to
inspcotion.



BurUl Board
may appoint
and remore
Clerk,
officers, and
«orranta :
end giro re-
inanuration ;
and provide
an office :



Appoint-
ment and
aooount-
ability of
officer .



Reglrter of
bnrials to be
kept:



Register,
evidence.



of all liabilities incurred by them for such pur-
poses, and of the seiyeral purposes for which such
sums of money are paid and such liabilities
incurred ; and all such bodes shall at all reason-
able times be open to the examination of every
member of the Burial Board and ratepayer, with-
out fee, and they may take copies of or extracts



Online LibraryIrelandCompendium of the Irish poor law: containing the acts for the relief of the ... → online text (page 50 of 90)