The laws relating to burials : with notes, forms, & practical instructions / by T. Baker.

  • Baker, Thomas, 1819-
Date:
1873
Catalogue details

Licence: Public Domain Mark

Credit: The laws relating to burials : with notes, forms, & practical instructions / by T. Baker. Source: Wellcome Collection.

    30/344 (page 26)
    Provided always, that, notwithstanding any such order in council, where by virtue of any faculty legally granted, or by usage or otherwise, there is at the time of the passing of this act any 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, although a specific penalty on summary process is given. It is however presumed, that though there may be a choice of punish- ments, both would not be enforced. With regard to this last- mentioned penalty, as the act does not provide the means for its recovery, the proceedings will of course be regulated by the pro- visions of the Administration of Justice (No. 2) Act (11 & 12 Yict. c. 43), [or in case the penalty does not exceed 51. the Small Penalties Act, 28 & 29 Viet. c. 127] which former act consolidates the practice with respect to summary convictions before justices. According to this statute, in all cases where information laid, a summons may be issued, and no objection shall be taken for want' of form (s. 1). If disobeyed, warrant may issue (s. 2). Aiders or abettors liable to same penalties (s. 5). Attendance of witnesses may be compelled, who, on refusal to he examined, may be impri- soned not exceeding seven days (s. 7). Costs may be awarded to either complainant or defendant, recoverable by distress, and in default, imprisonment may follow, not exceeding one month, with or without hard labour (s. 18). On conviction, penalties may be levied by distress (s. 19), and, in default of sufficient distress, de- fendant may be imprisoned for any term not exceeding three months (s. 22). Information may be laid before one justice, who may thereupon summon the offender to appear before two justices —compel attendance of witnesses, and do all other necessary acts preliminary to the hearing, before two justices present and acting together, and after the hearing, one justice may issue all warrants of distress or commitment thereon, though he be not one of the justices who determined the case (s. 29). Sums recovered to be paid to the treasurer of the county, &c. for which justices shall have acted (s. 31). Metropolitan police magistrate or alderman of London may act alone (ss. 33, 34). On the subject of penalties, it may be well to call attention to the 58 Geo. 3, c. 45, s. 80, which imposes a penalty of 501. on any person ordering or causing the making of any grave (vaults of a certain description excepted) within twenty feet of the external walls of any church erected under the provisions of that act. This penalty is recoverable before any two justices, by distress and sale, one-half to be paid to the informer, and the other to the use of the poor.