And be it Enacted, That the Committee shall fix and settle a Table of Fees to be paid on interments, and also the purchasemoney to be paid for the exclusive right of burial, either in perpetuity or for a limited period, in any part of any Cemetery; and also the 5 right of constructing any vault or place of burial, with the exclusive right of burial therein, in perpetuity or for a limited period; and also the right of erecting and placing any monument or gravestone in the Cemetery; which Table shall be printed and published, and shall be affixed, and at all times continued, ou some conspicuous part of the 10 Cemetery.

And be it Enacted, That the Committee, under such restrictions and conditions as they shall think proper, may sell the exclusive right of burial, either in perpetuity or for a limited period, in any part of the Cemetery; and also the right of constructing any vault or place 15 of burial, with the exclusive right of burial therein, in perpetuity or for a limited period; and also the right of erecting and placing any monument or gravestone in the Cemetery.

24.

Grant.

And be it Enacted, That the grant of the exclusive right of burial Form of in any part of the Cemetery, and of the right of constructing any 20 vault or place of burial, with the exclusive right of burial therein, and of the right of erecting any monument or gravestone, may be made in the form in the Schedule to this Act annexed, or to the like effect.

And be it Enacted, That all burials in the consecrated part of the Cemetery shall be registered in register books for that purpose by 25 the Officiating Minister, according to the laws in force for keeping registers in England by the Rectors, Vicars or Curates of parishes in ecclesiastical districts, and such register books, or copies or extracts therefrom, shall be received in all Courts as evidence of such burials, and copies or transcripts thereof shall be from time to time transmitted 30 to the Registrar of the Ecclesiastical Court of the Bishop of the Diocese, to be kept with the copies of the other register books of the parishes within his diocese.

25.

Burials in the

portion to be registered by Minister.

consecrated

the Officiating

be subject to the Regulations of 6 & 7 as to

W. 4, c. 86,

26. Provided always, and be it Enacted, That the said register books, Registers to so far as respects searches to be made therein and copies and extracts 35 to be taken therefrom, shall be subject to the same regulations as are provided by an Act passed in the Session of the sixth and seventh years of the reign of his late Majesty King WILLIAM the Fourth, intituled, "An Act for registering Births, Deaths and Marriages in England," so far as such regulations relate to register books of burials kept by

40 any Rector, Vicar or Curate.

Searches, &c.

27.

And be it Enacted, That the Rector, Vicar or Incumbent of Rectors, &c. may elect to any parish, township or place, in respect of which any Cemetery perform Bu538.

rial Service in shall be formed under the provisions of this Act, may, on the formation Cemetery. of such Cemetery, if he thinks proper, undertake to perform the Burial Service on the burial of the remains of any person who shall die in the parish, township or place in which he shall be Rector, Vicar or Incumbent as aforesaid, and whose remains shall be buried in the 5 consecrated part of such Cemetery, and every such Rector, Vicar or Incumbent shall thereupon be entitled to receive the same fees on the burial of such remains as he would have been entitled to receive if such remains had been buried in the Burial-ground existing in such parish, township or place on the passing of this Act.

28. Clerk and

Sexton may elect to perform their Duties in Cemetery.

29.

If Rectors,
&c. decline to
perform Ser-

to be ap-
pointed with

consent of the Bishop.

10

And be it Enacted, That every person who shall officiate or perform the office of Clerk or of Sexton of any parish, township or place at the time of the passing of this Act, and in respect of which any Cemetery shall be formed under the provisions of this Act, may, on the formation of such Cemetery, if they think proper, undertake to 15 perform their respective duties of Clerk and of Sexton on the burial of the remains of any person who shall die in the parish, township or place in which such persons shall be respectively Clerk or Sexton as aforesaid, and whose remains shall be buried in the consecrated part of such Cemetery; and every such Clerk and Sexton shall respectively be 20 entitled to receive the same fees on the burial of such remains for the performance of their respective duty as they would have been entitled to receive for performing such duty in the existing Burial-ground of such parish, township or place.

And be it Enacted, That if, on the formation of any Cemetery as 25 aforesaid, any Rector, Vicar or Incumbent shall decline undertaking vice, Chaplain to perform in such Cemetery the Burial Service on the burial of the remains of persons who shall die in the parish, township or place in which he shall be Rector, Vicar or Incumbent, the Parochial Committee of Health or Union of Committees from time to time, with 30 the consent of the Bishop of the Diocese, shall appoint a Clergyman of the Established Church to officiate in such cases as Chaplain in the consecrated part of the Cemetery, and such Chaplain shall be licensed by, and be subject to, the jurisdiction of the said Bishop, and the said Bishop shall have power to revoke any such license, and to remove 35 such Chaplain for any cause which shall appear to the said Bishop to Compensation be reasonable; and the Rector, Vicar or Incumbent for the time being of every such parish, township or place shall thereupon be entitled to receive as compensation for the loss to him of fees, in consequence of the formation of such Cemetery, on any burial that shall take place in 40 the consecrated part thereof, such amount of such fees as shall be fixed and determined by the Bishop of the diocese in which such Cemetery shall be situated.

to Rector, &c.

And

And be it Enacted, That if on the formation of any Cemetery as aforesaid any Clerk or Sexton shall decline undertaking to perform in such Cemetery their respective duties of Clerk and Sexton on the burial of the remains of any person who shall die in the parish, 5 township or place in respect of which such person shall be respectively Clerk or Sexton, and whose remains shall be buried in the consecrated part of such Cemetery, the Committee from time to time shall appoint respectively a Clerk and Sexton to perform such respective duty; and it shall be lawful for such Committee, if they shall think proper, to 10 allow to any Clerk who shall decline undertaking to perform the duty of Clerk in such Cemetery such amount of compensation in respect of any burial that shall take place in the consecrated part of the said Cemetery as the said Committee shall think proper.

And be it Enacted, That in no Cemetery to be formed under this 15 Act shall any grave be opened a second time for the interment of the remains of any dead body therein within the space of Four Years, unless the exclusive right of burial shall have been granted to any person in such grave under the provisions herein contained, and such grave shall be opened in pursuance of such right.

20

AND for defraying the expenses of carrying the provisions of this Act into execution; BE it Enacted, That every such Committee may, if they think it necessary, cause One equal rate, not exceeding One Penny in the Pound, to be assessed and collected on the occupiers of all houses, buildings, lands, tenements and hereditaments within the 25 parish, township, place or union in respect of which such Cemetery shall be formed, according to the rate or respective rates at which such occupiers shall be rated for the relief of the poor within the same; and all the powers and authorities in force relating to the assessing and collecting of poor's rates shall be and are hereby vested in such Com30 mittee with respect to the rate hereby authorized to be assessed and collected.

And be it Enacted, That all penalties and forfeitures by this Act inflicted or authorized to be imposed for any offence against the same, shall, upon proof and conviction of the offences respectively before 35 any Two Justices, either by the confession of the party offending, or by the oath of any credible witness (which oath such Justices are in every case hereby fully authorized to administer), be levied, together with the costs attending the information, summons and conviction, by distress and sale of the goods and chattels of the offender or person 40 liable to pay the same respectively, by warrant under the hands of the Justices before whom the party may have been convicted, or, on proof of such conviction, by a warrant under the hands of any Two Justices acting for the same county, riding or division (which warrant

34. Justices may proceed by Summons for

the recovery of Penalties.

35. Satisfaction recoverable for special damage, but Distress not unlawful for want of form in the proceedings.

5

such Justices are hereby empowered and required to grant), and the
overplus (if any), after such penalties and forfeitures and the charges
of such distress and sale are deducted, shall be returned upon demand
unto the owner of such goods and chattels; and in case such fines,
penalties and forfeitures shall not be forthwith paid upon conviction,
then it shall be lawful for such Justices as aforesaid to order the
offender so convicted to be detained and kept in safe custody until
return can be conveniently made to such warrant of distress, unless
the offender shall give sufficient security, to the satisfaction of such
Justices as aforesaid, for his or their appearance before such Justices
on such day as shall be appointed for the return of such warrant of
distress, such day not being more than Eight Days from the time of
taking any such security, and which security the said Justices as afore-
said are hereby empowered to take, by way of recognizance or
otherwise; but if upon the return of such warrant it shall appear 15
that no sufficient distress can be had thereupon, then it shall be lawful
for any such Justices as aforesaid, as the case may be, and they
are hereby authorized and required, by warrant under their hands, to
cause such offender to be committed to the common gaol or house of
correction of the county, riding or place where the offender shall 20
be or reside, there to remain without bail or main prize for any term
not exceeding Three calendar Months, unless such penalties and
forfeitures, and all reasonable charges attending the same, shall be
sooner paid and satisfied; and the penalties and forfeitures when so
levied shall be paid to or for the use of such parish or union as the 25
said Justices shall direct, to be applied in aid of the poor-rate of such
parish or union.

And be it Enacted, That in all cases in which any penalty or for-
feiture is recoverable before the Justices of the Peace under this Act,
it shall be lawful for any Justice to whom complaint in writing shall 30
be made of any such offence to summon the party complained against
to appear before any Two Justices, and on such summons the said
Two Justices may hear and determine the matter of such complaint,
and, on proof of the offence, convict the offender, and adjudge him
to pay the penalty or forfeiture incurred, and proceed to recover the 35

same.

And be it Enacted, That where any distress shall be made for any sum of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser on account of any default or want of form in any proceed- 40 ings relating thereto, nor shall the party distraining be deemed a trespasser ab initio on account of any irregularity which shall afterwards happen in making the distress, but the person aggrieved by such irregularity may recover full satisfaction for the special damage in an action

on

5

on the case: Provided always, That no plaintiff shall recover in any action for any irregularity, trespass or wrongful proceedings if tender of sufficient amends shall be made by or on behalf of the party who shall have committed or caused to be committed any such irregularity, trespass or wrongful proceedings before such action shall have been brought; and in case no such tender shall have been made, it shall be lawful for the defendant in any such action, by leave of the Court where such action shall depend, at any time before issue joined, to pay into Court such sum of money as he shall see fit, whereupon 10 such proceedings or orders and judgment shall be had, made and given in and by such Court as in other actions where the defendant is allowed to pay money into Court.

Provided also, and be it Enacted, That if any person shall find himself aggrieved by any order or conviction of any Justices, where such 15 person shall be convicted in any penalty exceeding Five Pounds, it shall be lawful for such person to appeal to any General or Quarter Sessions of the Peace to be held in and for the county, riding or division in which such order shall have been made or conviction taken place within Four calendar Months next after the cause of complaint 20 shall have arisen, or if such Sessions shall be held before the expiration of One calendar Month next after such cause of complaint, then such appeal shall be made to the next following Sessions, either of which Court of Sessions is hereby empowered to hear and finally determine the matter of the said appeal, and to make such order therein as to 25 them shall seem meet, which order shall be final and conclusive to and upon all parties; provided, that the person so appealing shall give or cause to be given at least Fourteen Days' notice in writing of his intention of appealing as aforesaid, and of the matter or cause thereof, to the Respondent, and within Five Days after such notice shall 30 enter into a recognizance before some Justice of the Peace, with sufficient securities conditioned to try such appeal at the then next General Sessions or Quarter Sessions of the Peace, which shall first happen, and to abide the order of, and pay such costs as shall be awarded by, the Justices at such Quarter Sessions or any adjournment 35 thereof; and such Justices, upon hearing and finally determining such matter of appeal, shall and may, according to their discretion, award such costs to the party appealing or appealed against as they shall think proper, and their determination in or concerning the premises shall be conclusive and binding on all parties to all intents and pur40 poses whatsoever.

Provided always, and be it Enacted, That nothing in this Act contained shall extend to the burial of the remains of any member of the Royal Family.