The Public Health and Local government Act, 1875 (38 & 39 Vic. cap. 55), and the statutes incorporated therewith, with short explanatory notes / by J. V. Vesey Fitzgerald.

  • United Kingdom
Date:
1882
Catalogue details

Licence: Public Domain Mark

Credit: The Public Health and Local government Act, 1875 (38 & 39 Vic. cap. 55), and the statutes incorporated therewith, with short explanatory notes / by J. V. Vesey Fitzgerald. Source: Wellcome Collection.

    173/588 (page 127)
    approval of the Local Government Board, acquire such land otherwise than Sec. 143, by agreement, i.e., compulsorily. Burial Boards may purchase lands under 15 &°16 Vic. c. 85, ss. 26-27, hut cannot take them compulsorily. They may by 20 & 21 Vic. c. 81, s. 7, take over from the clergyman of a parish a burial -rronnd provided under the Church Building Acts, 55 Geo. III. c. 68, 56 Geo. III. c. 14.1, 59 Geo. III. c. 134, and 3 Goo. IV. c. 72. There seems, however, to bo no power for a local authority providing a cemetery under tliis Act to do so. By the Places of Worship Sites Act, 1873, 36 & 37 Vic. c. 50, power is given to persons wth a limited estate in land to grant plots of not exceeding one acre to bo used as burial grounds; that Act apparently contemplates the grant being for a burial ground connected until a church, but it would seem that this section extends it to burial gi-ounds provided by a local authority. Power is given also by 51 Geo. III. c. 115, s. 2, to grant land foinning part of the waste of a manor for church-yards (cf. Poibcs V. Bcclosiastical Commissioners, L. K. 15 Eq. 51; 42 L. J. Cli. 9/ ; sec further, s. vi. of the Cemeteries Clauses Act, post, p. 130). By 16 & 17 Vic. c. 134, s. 1, the Queen in Council may for the protec- tion of public health by order prohibit the opening of any now burial- ground rvithin certain limits, or the continuance of burials in burial grounds u-ithin those limits. Section 5 of the same Act provides that it shall not authorise the discontinuance of burials in any cemetery established under authority of any Act of Parliament. This exception has, however, been held to a])ply only to commercial cemeteries established under the authority of private Acts of Parliament, and not to a burial-ground established under the Church Building Acts. (Reg. v. Manchester, J. J. 5 E. & B. 702; 25 L. J. M. C. 45.) It would therefore seem that cemeteries established by burial boards or by sanitary authorities may be closed when jniblic health demands it, just as much as cliurchyards may bo. (<S'ee also 11 & 12 Vic. c. 63, s. 83, post, Appendix.) III. The Cemeteries Clauses Act, 1847, shall he incorporated ■with this Act. The incorporated Act, 10 & 11 Vic. 65, is as follows ;— I. Whereas it is expedient to comprise in one Act sundry provisions usually contained in Acts of Parliament authorising the making of cemeteries, and that as well for avoiding the necessity of repeating such pro-visions in each of the several Acts relating to such undertakings as for insuring greater uniformity in the provisions themselves: 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 authority of the same, that this Act shall extend only to such cemeteries as shall