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from such books or any part thereof, without
paying for the same.

29. The Burial Board may appoint, and may
remove at pleasure, a Clerk and such other officers
and servants as shall be necessary for the business
of the Board in respect of or for the purposes of
their burial ground, and may appoint reasonable
salaries, wages, and allowances for such Clerk,
officers, and servants, and, when necessary, may
hire a sufficient office for Inransacting the business
of such Burial Board ; and the provisions and
clauses of ^*The Commissioners Clauses Act,
1847," with respect to the "appointment and
accountability of the officers of the Commis-
sioners,'' shall, so far as the same are not varied by
or inconsistent with the provisions of this Act, be
incorporated therewith ; and the Commissioners
in the said Act shall signify the " Burial Board"
under this Act*.

30. All burials within any burial ground
provided under this Act shall be registered in a
Register Book to be provided by the Burial
Board providing such ground, and kept for that
purpose ; and such Register Book shall be so kept
by some officer appointed by the said Board to do
that duty ; and in such Register Book shall be
distinguished in what parts of the burial ground
the several bodies, the burials of which are
entered in such Register Book, are buried ; and
such Register Book, or copies or extracts thereof,
or purporting to be copies or extracts thereof^
shaU be received in all Courts as evidence of the
buriab entered therein.



• For the provisions of The Commissioners Clauses Aot, 1847,
which are here referred to, tee page 581.



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Part II. 8.] BtiricU Grounds Act, 1856. 571

31. The Commissioners for carrying into execu- ^^ * ^^g)^'*^
tion an Act of the fourteenth and fifteenth year bvriai.
of Her present Majesty, chapter twenty-three, ^*JJct"*
intituled An Act to authorize/or a fitrther period is^e.
the advance of money out of the Consolidated Fvmd pubiiT"
to a limited amount, for cwrryin/g on Fttblic Works 2^°*^^*Jf*"
aTtd Fisheries and employment of the Foor, and any cirs may ad-
Act or Acts amending tiie same, may from time to oS°i?a^Tr*^
time, if they shall so think fit, make to the Burial purposes
Board of any borough or place, for the purposes 04&"i^Vic.
of this Act, any loan, under the provisions of the <*• ^^* *«:>
recited Act or the several Acts therein recited or of pcwraum.
referred to, upon security of the assessments for fu^"^^
the relief of the poor of the union, or the borough special rat«0.
fiind, or rates in this Act mentioned.

32. For the purpose of defraying the expenses Exprnisei to
incurred in the execution of this Act, or paying J® ^^^^
any money borrowed for such purpose, or any
interest thereon, the Guardians of every union who

shall be appointed the Burial Board of such union
or any part thereof^ under the provisions of this
Act, shall from time to time make and levy such
rates as may be necessary on every occupier of
luteable hereditaments in or arising within such
onion or any part thereof, not being within the
boundaries or limits of any borough as defined by
this Act ; and all rates so made under this Act by Burial rates
the Guardians of such union shall be applotted, Gu»rdi7nato
assessed, and levied on such union, or on such ^« ^^^^
electoral division situate in such union, and wholly directed by
or partly on the parishes for which any new burial c^'^^^
ground shall have been provided under this Act, aionerg ;
as the Poor Law Commissioners for Ireland shall
by any order in that behalf direct, and shall be
applotted, assessed, and levied as if the sums so
payable were sums to be applotted, assessed, and
levied for the purpose of carrying into execution
the laws for the relief of the destitute poor in
Ireland; and all monies borrowed by the Guardians ^j^t,^^*"*
of such unions for the purposes of this Act, or any oimrdiaiw,
interest thereon, shall be secured upon the rates Bofrd?t^ bo
authorized to be made by the Guaidians of such messed and
union by this Act ; and any money reqtdred to be jSorra*©-

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572



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



19 & 20 Vic.
C.98,

BURlAfi

Oroukds
Act,

lti5G

In l>-nuaghs,
lir., cxpt'iises
to bo defrayed
by » separate
rate, to be
levied by
Town
Council or
Commis-
sioners, as
bon»URh
rate, ic.



Districts for
rating may be
directed by
Lord Lieu-
tenant in
Cuunoil.



Limitation
of ratea in
other cafees,
not to apply
to burial
rates.



Guardians or
Council may
»|)propriito
lands
lelonging



raised in any borough or town in which a Board of
Municipal Commissioners shall have been elected,
as herein-before mentioned, for de&ajing sudi
expense, or paying any money borrowed under this
Act by the Council of such borough, or the
Municipal Commissioners or Town Commissioners
of such town, or any interest thereon, by means of
a rate levied in such borough or town, shall be
raised by a separate rate to be levied within such
borough or town ; and the Council of such borough
and the Municipal Commissioners of such town
shall have all such powers for making and levying
such rate respectively, and all provisions shall be
applicable in respect tliereof, as in the case of any
borough rate or improvement rate authorized to be
made therein imder the provisions of the resi>ective
Acts of Parliament imder which the Council of
such borough or the Muncipal Commissioners of
such town are constituted : Provided always, that
such rates shall be levied wholly or partly in i^o
parishes within such borough or town for which
any new burial ground shall have l)een provided
under this Act, as the Lord Lieutenant in Council
shall by any order in that behalf direct; and
provided also, that when the amount of the rates
to be assassed by the Council of such borough, or the
Municipal Coaimissioners or Town Commissioners
of such town, are limited by law to a certain rate-
able amount, such limitation shall not apply or ex-
tend to expenses incurred for carrying this Act into
execution ; and it shall be la>vful for the Council
of such borough or the Municipal "Commissions^
or Town Commissioners of such to^m to chargi^
the expenses under this A ct in addition to the other
borough or town rates respectively ; and all monies
borrowed by the said Council or the said CcHnmia-
sioners under this Act, or any interest thereon,
shall be charged upon the rates authorized to be
levied by the said Council or Commissions:^ re-
spectively by this Act

33. It shall be lawful for the Guardians of any
union or the Coimcil of any borough to appropriate
for the purposes of this Act any land belonging to

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Part II. 8.] Burud Grounds Act, 1856. 573

the Board of Guardians of such union or to the i^^sovir.
Body Corpoi'ate of such borough respectively, or bukiIl
vested in any Feoffees, Trustees, or othei-s for the ^^J^^*^
general benefit of the union or borough respec- i^sb'
tively, or any specific charity : Provided always, to them"
that when any land so appropriated shall be j^pjotiycijr.
subject to any charitable use, such land shall be porpoMs of
taken on such conditions only as the Court of g^j^J'^
Chanceiy, in the exercise of its jurisdiction over jurisdiction
charitable trusts, shall appoint and direct. of chancery.

34. Whereas the Grand Juries of the county Special pro-
3Uid city of Waterford, acting under the Act of the Waterford.
fortieth year of King George the Third, chapter ^^^
ninety-three, purchased a piece of ground situate already pro-
in the townland of Ballynasheagh in the barony of wu^y^^Ind °
Gatdtier in the county of Waterford , for the pur- ^ ^'J, ,
pose of a cemetery, in lieu of the ancient burial hereby
places of the six several parishes of Triniti/ Within, SUi^diMs of
Saint Michael, Saint StepJien Within, Saint Clave, Watorford
Saint John Within, and Saint Patrick, in the BuriTi'soard.
borough of Waterford, and of the three parishes of
Trinity Without, Saint John Without, and Saint
Stephen Without, partly in the borough and partly
in the coimty of Waterford, and of the two parishes
of KUharry and Kil Saint Laurence in the county
of Waterford: And whereas the said eleven
parishes are all situate within the poor law union
of Waterford, and it is advisable that the said piece
of ground should be used as a burial ground for all
the said parishes as if all the said parishes were
situate without the limits of the said borough of
Waierford, and as if the said piece of ground had
been provided as the burial ground under this Act
for the said several parishes : Be it enacted, That
from and after the passing of this Act, the said piece
of groimd shall, without further conveyance, be
vested in the Guardians of the poor of tie Water-
f&rd Union as the Burial Board, and for the use of
all the district at present comprised in the said
eleven parishes, subject to all the powers and
regulations in this Act contained relative to burial
gioonds, and as if the same had been purchased
and acquired under this Act ; and unless the said

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574



Burial Groutids Act, 1856. [Part II. 8-



Partof
Cometericfl
Clauses Act



^^^^ 98^'^* P^®^^ ^^ ground shall be discontinued as a bmial

BvRiAL ground by the Lord Lieutenant and Council under

^"aS^°^ the provisions of the fifth section of this Act, all

1856! the said parishes and portions of parishes situate

in the borough of Water/ord shall, for the purposes.

of this Act, be considered as if the same were wiih-

out the limits of the said borough of Water ford.

35. The provisions of " The Cemeteries Clauses
Act, 1847," with respect to the protection of the

hioorporaud Cemetery*, shall be incorporated with this Act,
with thia, ^^^ ^ applicable to any buri&J ground provided
under this Act ; and the words ** The Company **
in "The Cemeteries Clauses Act, 1847," shall
signify the " Burial Board " under this Act :
Provided always, that every penalty imposed
imder and by virtue of this Act shall be enforced,
recovered, and appropriated under the provisions
of the "Petty Sessions (IreUmd) Act, 1851,"
except when the act or offence in respect of which
such penalty shall have been incurred shall have
been committed within the jurisdiction of the
Jiistices of the Police District of Dublin Metro-
polis, in which case such penalty shall be enforced
and recovered tmder the provisions of the Act»
relating to such Police Districts.

36. Every Burial Board under this Act may,
with the consent of the Lord Lieutenant, borrow-
any sum of money not exceeding such sum as the
Lord Lieutenant may sanction and appoint,

of Loni"^**" required for providing, laying out, and embellish-

Lieutenant iug any burial ground under this Act, or any such
purposes ; and may charge the future assessments
or rates respectively under this Act with the pay-
n^ent of such money, and interest thereon not

Limitations, exceeding six per cent. : Provided that there shall
be paid in every year, in addition to the interest
of the money borrowed and unpaid, not less than
one twentieth of the principal sum borrowed,
until the whole is dischatrged.

Money may 37. Any Burial Board acting under this Act

bo borrowed



Bnrial
Boards may
borrow
money for
»p«cLdod
purposes,



ft For the proyiriont of The Cemeteries CUrasee AoC, 1647,
which are here referred to, tee page h^b.



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Pabt II. 8.] Burial Grounds Act, 1856. 575

may, if they think fit, borrow money in order to ^^ * ^ V'<^
pay off and discharge any security or securities, and BuaiAL
secure the repayment of the money so borrowed, ^^J^^ "*
and the interest to be paid thereon, in like manner isse'.
as other monies authonzed to be borrowed by such to par off
Burial Board under this Act. •ecuruiea.

38. No land already or hereafter to be purchased As86»m(iiit
or acquired under the provisions of this Act, for the for SnaT^**
purpose of a burial ground (with or without any ground to
building erected or to be erected thereon), shaU, ^J^hv"
while used for such purposes, be assessed to any ST"*^**/"*
coiuaty, parochial, or other local rates at a higher th«n*at t^m*
%^alue or more improved rent than the value or "* p'""<'*>*«*^-
rent at which the same was assessed at the time

of such purchase or acquisition.

39. It shall be lawful for any Burial Board, with ^"^^JJ^
the sanction of the Lord Lieutenant, and subject boriais. and
to r^ulations approved of by him, to let any land J^\^°^-
purchased by and vested in them under this Act, *>« let Lt
and which has not been consecrated, and in which wuiTsaiic^ott
no body has been at any time interred, and which jfi^JJ^

is not for the time being required for the purposes
of a burial ground, in such manner and on such
terms as such Board may seie fit, but so, never-
theless, that power shall be reserved to such Board
to resume any such land which may be required
for the purposes aforesaid, upon giving six months'
notice.

40. In every case in which any order in Er*^i^ .
Council has been or shall hereafter be issued for gr^und«,"ic.,
the discontinuance of burials in any churchyard or J^ ^^^^^
burial grotmd, the Burial Board shall maintain such Burial Board:
churchyard or burial groimd in decent order, and

also do the necessary repair of the walls and other
fences thereof ; and the costs and expenses shall PaTment of
be repaid out of the rates by this Act authorized, **?«"««•
HAlesB Hiere shall be some other fund legally
chargeable with costs and expenses.

41. And whereas the Mayor, Aldermen, and ®^^^"J,„„
burgesses of the borough oiLv/aerick have, with the to Limerick ;
ocnnent and i^robation of the Commissioners of „? 'J^ound°for
Her Majesty's Treasury, executed a lease of a * cemetery
certain plot of ground situate at Gorttbemanaffh in wi^in i^its

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576



Burial Grounds Act, 1860. [Part II. 8.



19ft20Vir.

o. 9^,

BuitiAi.

Grounds

Act.

18&6.

of the
borough.



Private or
familr
mauaoloams
or burial
plaora, not
affected.
Act for
Ireland only.



the barony of ClammlUmis and county of Limerick
(which plot of ground is part of the property of
the said Corporation of Limerick, but is not situate
within the limits or boundaries of the borough of
Limerick,) unto certain parties for the term of
two thousand years, at a certain yearly rent, for
the purpose of the same being used as a cemetery
or burial ground : Be it further enacted, That for
the purposes of this Act the said plot of ground
shall be deemed and taken to be within the limits
or boundaries of the said borough of Limerick.

42. The provisions of this Act shall not apply
to any private and exclusive family mausoleum or
burial place not being within the limits of any
public burial ground.

43. This Act shall extend to Ireland only.



„ ^ 5, v,c. 23 & 24 Vict. Cap. 76.

0.7'i,

BirRUL An Act to amend the Burial Grounds (Ireland)

Grounds
Amkndmkni Act, 1856.

A<T, '

»^- [6th August, I860.]



19 fc 20 Vic. Whereas it is expedient to amend " The Burial
c-98." * Grounds (Ireland) Act, 1856 :" Be it enacted by
. the Queen's most Excellent Majesty, by and with
the advice and consent of the Lords Spiritual and
T6m[x>ral, and Commons, in this present Parlia-
ment assembled, and by the authority of the same,
as follows :

1. The provisions contained in the said Act
shall extend to authorize any Burial Board to
contract for and purchase any lands, and buildings
thereon, for the purpose of making additions to
any burial ground, although such burial ground
shall not have been formed or purchased imder
the said Act, provided that such burial ground is
not attached or contiguous to any church or chapd
or place of worship actually used for divine
worship, nor is situate in a private demesne ; and

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ProTisions
of recited
Act to bo
extended to
additiuna to
cxiating
burial
frounds.



Part II. 8.] Burial armnds Act, 1860. 577

such Burial Board shall have and exercise, with ^3 & 24 Vic
respect to the acquisition and management of such bluial
additions, all the powers and authorities and be xSkmdmSt
subject to all the provisions contained in the said act.
Act with respect to the acquisition and manage- !f^'
ment of new burial grounds, in the same manner
as if tiie acquisition of such additions had been
authorized by the said Act.

2. When any burial ground not being attached When bnrUi
or contiguous to any such church, chapel, or place SJoed w**
of worship, nor situate as aforesaid, is without J}op' ^
any sufficient fence, or is not kept in decent order, by owner. *'
the Burial Board for the union, borough, or town ^^''^^Ji*^
within which such burial ground shall be situated a notice
may, by notice in writing to the owner of such J^^^^^*
burial ground, require him properly to fence the fenced. &o.
same or put the same in decent order within a

time to be specified in such notice, not being
less than six calendar months, and if such notice
be not complied with within the time specified in
such notice, the said Burial Board may securely
fence such burial ground, and put the same into
decent order, and the expense thereof shall be
deemed part of the expenses incurred in the exe-
cution of the said Act.

3. When such owner cannot be ascertained, or After fix
notice as aforesaid cannot be served, such Burial ^^1^1^^
Board may give notice, by public advertisement in "^^'f®' *«•» ,

• 1 i- • xi. X I- • Burial Board

some newspaper circulatmg m the county wherein empowered
such burial ground is situated, of their intention J^^*"
to fence such burial ground, or put the same in croand, and
decent order, as the case may be, and after the^^^*
expiration of a time to be specified in such notice, order, wid
not being less than six calendar months, may pro- management
oeed to fence such burial ground, or put the same in
decent order ; and when such notice shall have been
given or advertisement published, and the expense
of fencing of such burial ground or putting the
same in decent order shall have been defrayed by
such Burial Board, as herein-before mentioned,
such burial ground shall be under the control and
management of such Burial Board, and they shall
be deemed the owners thereof until such time as

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578 Irish Church Act, 1869. [Part II. 8.

^ *^76^'*^ *^®y ^^ ^^'^^ beeJi reimbursed by the owner
BuKiAL thereof the expense so incurred by them, with
A^DWDfT iiiterest thereon at the rate of five pounds per
-Act. centum 'per cmnum,

* 4. When the owner of any burial ground shall

B«[rds ma ^ dosirous of putting the same under the manage-

Moept the ment of the Burial Board of the district, it shall

Sf bSSr"^* be lawful for such Burial Board to accept the

groanda. management thereof, and thereupon the said

Burial Board shall be deemed the owners thereof,

and shall have and exercise all the powers and

authorities of the said recited Act and of this Act,

with respect to the same, until the owner, his

heirs or assigns, shall repay to the said Burial

Board all expenses incurred by them in securely

fencing such burial ground or putting the same

into decent order, with interest thereon at the rate

of five pounds per centum per annum,

"^St^JSr ^* ^^^ -^^^ shall be deemed to be incorporated

~ with "The Burial Grounds (Ireland) Act, 1856,"

and shall be as if this Act and the said Act were

one -A.ct.



one Aot.



32 k 33 Vie . 32 <k 33 YiCT. Cap. 42.

cj^ An Act to put an end to the Establishment of the
im Church of Ireland, and to make Provision in

respect of the Temporalities thereof, and in
respect of the Royal College of Maynooth.

[26th July, 1869.]



Extract relating to Burial Grounds,

SuhlSJSS § 2^- '^^^ following enactments shall be mad^
to buruT^ wifii respect to burial grounds vested in the Com-
Lssioners* :



JfDSSl



1. Where any church vested in the representa-
tive body of the said Church has a burial
ground annexed or adjacent thereto, but

* t.e., the Commissionen appointed under this Act.

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Pakt 1L 8.] Extract relating to Burial Grounds, 579

not separated therefrom by any carriage 32&ar|^vic.
liighway, or that has been granted by a Irish
private donor to, or exclusively used by, ^act*^"
the parishioners attending the said church, »86'J.
such burial ground shall be included with
the church in the order made by the Com-
missioners, subject to any life estate or
interest subsisting therein, and pass to the
said representative body accordingly, but
without prejudice to such rights of or in
respect of burial as may be subsisting
therein, or may be thereafter declared to
subsist therein by Act of Parliament ; or
the Commissioners shall, at the option of
the said representative body, vest such
burial ground in the Guardians of the poor
law union within which the same may be
situate, subject to a right of way in the
said representative body, and the clergy
and congregation attendmg the said church,
and such other persons as may resort
thereto for the purpose of divine worship,
or for the purpose of repairing the said
church, or for any other lawful purpose ;
and such Guardians shall not allow any
funeral to take place during the usual
time of the ordinary services in the said
church, and shall make such other regula-
tions as may be found necessary from time
to time to prevent any interference by
persons attending funerals with the clergy
or congregation attending the said churchy
and shall keep the wall or other fence, and
the gates or doors of, and any road or path
through, such burial ground to the church,
situate tiierein in good and sufficient repair,.
and shall, as far as may be consistently
with the provisions herein-before contained,
hold such burial ground for the same pur-
poses, and subject to the same rules and
regulations, as if such burial ground were
a burial ground purchased or taken by sucii
Guardians, being a Burial Board under tlie

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580 Irish Church Act, 1869. [Part II. 8.

^V42^**^ provisions of "The Bui^l Act (Ireland),

Irish 1856," and the statutory amendments

^Arr^' thereof, for the time being, but without

^''SD. prejudice to such rights of burial as may

be subsisting therein at the date of such
order, or may thereafter be declared to
subsist therein by Act of Parliament :
2. Where any church conveyed to the Secre-
tary to the Commissioners of Public Works
for Ireland as aforesaid has a burial ground
annexed or adjacent thereto, and also in
every case other than those herein-before
provided for in which a burial ground is
vested in the Commissioners under this
Act, unless such burial ground is in any
private park, demesne, or ornamental
grounds, the Commissioners shall vest such
burial ground in the Guardians of the
Poor of the poor law union within which
the same may be situate, to be held by such
Guardians for the same purposes, and sub-
ject to the same rules and regulations, as
if such burial ground were a burial ground
purchased or taken by such Guardians,
being a Burial Board under the provisions
of the Burial Act (Ireland), 1856, and the
statutory amendments thereof, for the time
being, but without prejudice to such rights
of burial as may be subsisting therein at
the date of such order, or may thereafter
be declared to subsist therein by Act of
Parliament ; and the Commissioners may,
in the case of burial grounds situate in
private parks, demesnes, or ornamental
grounds, vest the same in such person and
in such manner as the Lord Lieutenant in
Council may direct in each particular
instance.



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Pakt II. 8.] CommUaioners Clauses Act, 1847. 581



Provisions o/*"The Commissioners Clauses Act, lo vic. c. le,

•^ ^ CoMMia-

1 847" (10 Vic, c. 16), which are iTicorporatedwith monbrs
" The Burial Grounds {Ireland) Act, 1856/'* j^^.



And with respect to the appointment and account- Officow
ability of the officers of the Commissioners, Be it
enacted as follows :

§ 65. The Commissioners* may from time to Power to
time appoint and employ a Treasurer, Clerk, Col- S^^Jnto
lector, Assessor, and all such other officers to assist appoint cierk
in the execution of this and the special Act** as JmcOTs, "nd
they shall think necessary and proper, and from ^**!? **'®™
time to time remove any of such officers, and time,
appoint others in the room of such as shall be so
removed, or afe may die, resign, or discontinue



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