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Be it enacted &c. as follows:

Sect. 1. Where any person is charged before any justices of the peace assembled at such petty sessions as hereinafter provided with having committed simple larceny, and the value of the whole of the property alleged to have been stolen does not, in the judgment of such justices, exceed 5s., or with having attempted to commit larceny from the person, or simple larceny, it shall be lawful for such justices to hear and determine the charge in a summary way, and if the person charged shall confess the same, or if such justices, after hearing the whole case for the prosecution and for the defence, shall find the charge to be proved, then it shall be lawful for such justices to convict the person charged, and commit him to the common goal or house of correction, there to be imprisoned, with or without hard labour, for any period not exceeding three calendar months; and if they find the offence not proved they shall dismiss the charge, and make out and deliver to the person charged a certificate under their hands, stating the fact of such dismissal; and every such conviction and certificate respectively may be in the forms (A.) and (B.) in the schedule to this act, or to the like effect: provided always, that if the person charged do not consent to have the case heard and determined by such justices, or if it appear to such justices that the offence is one which, owing to a previous conviction of the person charged, is punishable by law with transportation or penal servitude, or if such justices be of opinion that the charge is, from any other circumstances, fit to be made the subject of prosecution by indictment, rather than to be disposed of summarily, such justices shall, instead of summarily adjudicating thereon, deal with the case in all respects as if this act had not been passed: provided also, that if upon the hearing of the charge such justices shall be of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment, they shall have power to dismiss the person charged, without proceeding to a conviction.

swer before them he will be committed for trial in the usual course.

4. In every case of summary proceeding under this act the person accused shall be allowed to make his full answer and defence, and to have all witnesses examined and cross-examined by counsel or attorney.

5. Where any person is charged before any justice or justices with any offence mentioned in this act, and in the opinion of such justice or justices the case may be proper to be disposed of by justices in petty sessions under this act, the justice or justices before whom such person is so charged may, if he or they see fit, remand such person for further examination to the next petty sessions, in like manner in all respects as a justice or justices are authorised to remand a party accused under the act passed in the session holden in the 11 & 12 Vict. c. 42, s. 21, or under the Petty Sessions Act, (Ireland), 1851, sect. 14.

6. If any person suffered to go at large, upon entering into such recognisance as the justice or justices are authorised under the last-mentioned act to take on the remand of a party accused, do not afterwards appear pursuant to such recognisance, then the justices before whom he ought to have appeared shall certify (under the hands of two of them) on the back of the recognisance, to the clerk of the peace of the county or place, the fact of such non-appearance, and such recognisance shall be proceeded upon in like manner as other recognisances, and such certificate shall be deemed sufficient primâ facie evidence of such non-appearance.

8. It shall be lawful for the justices by whom any person is convicted under this act to order restitution of the property stolen, taken, or obtained by false pretences, in those cases in which the court before whom the person convicted would have been tried but for this act may be by law authorised to order restitution.

7. The justices adjudicating under this act shall transmit the conviction, or a duplicate of a certificate of dismissal, with the written charge, the depositions of the witnesses for the prosecution and for the defence, and the statement of the accused, to the next court of general or quarter sessions for the county or place, there to be kept by the proper officer among the records of the court; and a copy of such conviction, or of 2. Where the justices before whom any person is charged as such certificate of dismissal, certified by the proper officer of aforesaid propose to dispose of the case summarily under the the court, or proved to be a true copy, shall be sufficient eviforegoing provisions, one of such justices, after the examina-dence to prove a conviction or dismissal for the offence mentions of all the witnesses for the prosecution have been com- tioned therein in any legal proceeding whatever. pleted, and before calling upon the person charged for any statement which he may wish to make, shall state to such person the substance of the charge against him, and shall then say to him these words, or words to the like effect:-"Do you consent that the charge against you shall be tried by us, or do you desire that it shall be sent for trial by a jury at the sessions or assizes?" (as the case may be); and if the person charged shall consent to the charge being summarily tried and determined as aforesaid, then the justices shall reduce the charge into writing, and read the same to such person, and shall then ask him whether he is guilty or not of such charge; and if such person shall say that he is guilty, the justices shall then proceed to pass such sentence upon him as may by law be passed, subject to the provisions of this act in respect to such offence; but if the person charged shall say that he is not guilty, the justices shall then inquire of such person whether he has any defence to make to such charge; and if he shall state that he has a defence, the justices shall hear such defence, and then proceed to dispose of the case summarily.

3. Where any person is charged before any justices at such petty sessions as aforesaid with simple larceny, (the property alleged to have been stolen exceeding in value 58.), or stealing from the person, or larceny as a clerk or servant, and the evidence, when the case on the part of the prosecution has been completed, is in the opinion of such justices sufficient to put the person charged on his trial for the offence with which he is charged, such justices, if the case appear to them to be one which may properly be disposed of in a summary way, and may be adequately punished by virtue of the powers of this act, shall reduce the charge into writing, and shall read it to the said person, and shall then ask him whether he is guilty or not of the charge; and if such person shall say that he is guilty, such justices shall thereupon cause a plea of guilty to be entered upon the proceedings, and shall convict him of such offence, and commit him to the common gaol or house of correction, there to be imprisoned, with or without hard labour, for any term not exceeding six calendar months; and every such conviction may be in the form (C.) in the schedule to this act, or to the like effect: provided always, that the said justices, before they ask such person whether he is guilty or not, shall explain to him that he is not obliged to plead or answer before them at all, and that if he do not plead or an

10*. Every petty sessions for the purposes of this act shall be an open public court, and shall be the petty sessions holden for a petty sessional division; and a written or printed notice of the days and hours for holding such petty sessions shall be posted or affixed by the clerk to the justices of petty sessions upon the outside of some conspicuous part of the building or place where the same are held.

9*. The provisions of the act of the session holden in the 11 & 12 Vict. c. 43, shall not be construed as applying to any proceeding under this act.

11. Every conviction by justices in petty sessions under this act shall have the same effect as a conviction upon indictment for the same offence would have had, save that no conviction under this act shall be attended with any forfeiture.

12. Every person who obtains a certificate of dismissal or is convicted under this act shall be released from all further or other criminal proceedings for the same cause.

13. No conviction, sentence, or proceeding under this act shall be quashed for want of form; and no warrant of commit. ment upon a conviction shall be held void by reason of any defect therein, if it be therein alleged that the offender has been convicted, and there be a good and valid conviction to sustain the same.

14. Where any charge is summarily adjudicated upon under this act, or an offender is under this act convicted by justices in petty sessions upon a plea of "guilty," it shall be lawful for the justices by whom such charge has been adjudicated upon or offender convicted, upon the request of any person who has preferred the charge or appeared to prosecute or give evidence against the person charged, if such justices think fit so to do, to grant a certificate to such person of the amount of the compensation which such justices may deem reasonable for his expenses, trouble, and loss of time therein, subject nevertheless to the regulations made or to be made as hereinafter men* Sic.

tioned; and every such certificate shall, when granted in England, have the effect of an order of court for the payment of the expenses of a prosecution made under the act of the 7 Geo. 4, c. 64, and the acts amending the same, and when granted in Ireland shall have the effect of an order of court for the payment of the expenses of a prosecution made under the act of the 55 Geo. 3, c. 91, and the acts amending the same; and the amount mentioned in such certificate shall be paid in like manner as the money mentioned in such order of court; and all certificates to be granted under this act shall be subject to the like regulations made or to be made in relation thereto as the certificates mentioned in the said act of the 7 Geo. 4, c. 64, to be granted by examining magistrates, are or may be subject to under the act of the session holden in the 14 & 15 Vict. c. 55: provided also, that the amount of the fees payable to the clerks of the magistrates in petty sessions, in respect of any proceeding under this act, and of the fees payable to the clerks of the peace for filing the depositions, conviction, or certificate of dismissal aforesaid, and of all such expenses of apprehending the person charged, and detaining him in custody, and of such other expenses as are now by law payable when incurred before a commitment for trial, may be added to the certificate for compensation aforesaid, and paid in the like

manner.

15. In every city, borough, town, or place in England where any petty sessions shall be holden under this act, the town-hall, court-house, or other public building therein belonging to any county, city, borough, town, or place, or any court-house in such city, borough, town, or place provided by the Commissioners of her Majesty's Treasury, under the act of the session holden in the 9 & 10 Vict. c. 95, may be used for the purpose of holding such petty sessions, without any charge for rent or other payment, save and except the reasonable and necessary charges for lighting, warming, and cleaning, when such public building is used for the purpose of holding such courts of petty sessions, and for all other expenses necessarily incidental to the use of the said building for the purposes of the said courts: provided always, that the necessary arrangements shall be made so that the sittings of the said courts of petty sessions shall not interfere with the business of the county, city, borough, town, or place, or other business usually transacted in such town-hall, court-house, or other public building, or any purpose for which any such town-hall, court-house, or other public building may be used by virtue of any act of Parliament in that behalf.

16. Any one of the magistrates appointed to act at any of the police courts of the metropolis, and sitting at a police court within the metropolitan police district, or any magistrate appointed to act at the police courts of the Dublin metropolitan district, and sitting at a police court within the said district, or any stipendiary magistrate appointed for any city, town, liberty, borough, or district, and sitting at a police court or other place appointed in that behalf, may, in the case of persons charged before such magistrate, do alone all acts by this act authorised to be done by justices of the peace in petty sessions, and all the provisions of this act referring to justices in petty sessions shall be read and construed as referring also to such magistrate.

17. Nothing in this act shall affect the provisions of the act of the session holden in the 10 & 11 Vict. c. 82, "for the more speedy Trial and Punishment of Juvenile Offenders," or of the act of the session holden in the 13 & 14 Vict. c. 37, "for the further Extension of Summary Jurisdiction in Cases of Larceny," or of the Summary Jurisdiction (Ireland) Act, 1851; and this act shall not extend to persons punishable under the said acts, so far as regards offences for which such persons may be punished thereunder.

18. And whereas the fees and emoluments of clerks of the peace for counties and boroughs, and of other officers of the courts of quarter sessions, in criminal proceedings, may be seriously diminished by the operation and effect of this act, and it is just and reasonable that full compensation for any such loss should be made in respect thereof to such clerks of the peace and other officers appointed before the passing of this act be it enacted, that immediately after the passing of this act the Commissioners of her Majesty's Treasury shall, upon the application of any such clerk of the peace or other officer, by such means and in such manner as they may think proper, inquire into and ascertain the annual amount, to be computed upon an average of five years immediately preceding the passing of this act, or of such shorter period as such clerk

of the peace or other officer shall have been in office, of the fees and emoluments in criminal prosecutions received by such clerk of the peace or other officer; and the said commissioners shall, upon the like application, also ascertain, in such manner as they may think proper, the total amount of fees and emoluments in criminal prosecutions received by such clerk of the peace or other officer during any year after the passing of this act; and the said commissioners are hereby authorised and empowered, by warrant under their hands, to award to such clerk of the peace or other officer the deficiency, when and so often as the same shall occur, between the last-mentioned amount and the annual average amount so ascertained as aforesaid, and the sum so awarded shall be paid out of any monies which may be provided by Parliament for that purpose; provided, that in all cases where any such clerk of the peace, by reason of his being paid by salary, under an order made by virtue of the 14 & 15 Vict. c. 55, shall pay such fees and emoluments as aforesaid to the treasurer of the county or borough for which he is clerk of the peace in aid of the county or borough rate, as the case may be, such deficiency, when so ascertained as aforesaid, shall be paid to the treasurer of such county or borough respectively.

19. And whereas, by sect. 9 of the 2 & 3 Vict. c. 71, provision is made for payment, out of the monies in the hands of the receiver of the metropolitan police district, of such salaries as her Majesty shall direct, to the magistrates of the police courts of the metropolis, the salary to the chief magistrate not being more than 1200/., and to each of the other magistrates not more than 1200.. and whereas, after the passing of the said act, the salary of the chief magistrate was fixed at 12007., and the salaries of the other police magistrates at 10007.: and whereas the duties of the said chief and other magistrates have increased, and are subject under this act to be further increased: and whereas the salaries of such other magistrates have, in consequence of such increase of duty, been increased from 10007. to the limit permitted by the said act, and it is expedient to authorise such increase of the salary of the said chief magistrate as hereinafter mentioned; the salary to be paid out of the monies aforesaid to the said chief magistrate shall be such yearly sum, not exceeding 15001., as her Majesty may direct.

20. And whereas, by the act of the 15 & 16 Vict. c. 73, certain powers were granted and provisions made for the payment to the several clerks of assize of annual sums for salaries, and for the expenses of their office, in respect of their duties as associates, in lieu of the fees and emoluments appertaining to those duties: and whereas it is expedient that the principle of payment by salary in lieu of fees should be further provided for, and that the clerks of assize should be so paid for the performance of all their other duties: be it therefore enacted, that all fees and emoluments heretofore payable to the clerks of assize for the performance of their duties as clerks of the Crown shall be and they are hereby abolished; and all the powers and provisions made by the before-mentioned act, except as is hereinafter provided, for the payment of clerks of assize by salary in lieu of fees, in respect of their duties as associates, shall be and the same are hereby extended and made applicable to the payment of clerks of assize by salary, and the expenses of their offices, in lieu of fees and emoluments, for the performance of their duties as clerks of the Crown, and of all other duties appertaining to the office of clerk of assize: provided always, that the Commissioners of her Majesty's Treasury for the time being shall fix and determine the amount of salary to be allowed to any subordinate officer now employed or who shall hereafter be employed by any clerk of assize, and shall be empowered to order the payment of such salary to the said officers in the first instance, and not through the medium of the clerk of assize: provided also, that the salaries and expenses of the officers of the said clerks of assize for the whole of their duties on the criminal and civil sides of the court shall be paid out of any monies which may be provided by Parliament for that purpose.

21. And whereas, by the acts of the 12 Rich. 2, c. 10, and 14 Rich. 2, c. 12, payments are provided for justices of the peace and their clerks in each county, as wages by the day for the time of their sessions, to be payable by the sheriff as therein mentioned, and in several counties in England sums are claimed from the sheriffs and paid in respect of such statutory wages, and it is expedient that such payments should be discontinued: be it therefore enacted, that so much of the several acts of the 12 Rich. 2, c. 10, and the 14 Rich. 2, c. 12, or of any other

act now in force, as directs or authorises the payment of wages to justices of the peace and their clerks for the time of their sessions, shall be repealed.

22. And whereas it is expedient to amend the law as to witnesses in cases of wilful or malicious injuries to property: be it further enacted, that in all cases where any justice or justices of the peace have or shall hereafter have power to order a sum of money to be forfeited and paid to the party aggrieved, as amends or compensation for any injury to property, real or personal, the right of such party to receive the money so ordered to be paid shall not be affected by such party having been examined as a witness in proof of the offence, any law or statute to the contrary notwithstanding.

23. In the interpretation of this act "county" shall be construed to include riding, parts, liberty, and division of a county; "borough" to include city, county of a city or town, and town corporate; "property" to include everything included under the words "chattel, money, or valuable security," as used in the act of the session holden in the 7 & 8 Geo. 4, c. 29; and in the case of any "valuable security," the value of the share, interest, or deposit to which the security may relate, or of the money due thereon or secured thereby, and remaining unsatisfied, or of the goods or other valuable thing mentioned in the warrant or order, shall be deemed to be the value of such security.

24. This act shall not extend to Scotland.

to wit.

SCHEDULE.

FORM (A.)
Conviction.

Be it remembered, that on the

in the year of our Lord,

day of

at

in the

CAP. CXXVII.

An Act to make better Provision for the Union of contiguous
Benefices, and to facilitate the building and endowing of new
Churches in spiritually destitute Districts.
[14th August, 1855.]

Sect. 1. Contiguous benefices may be united under this act,
without regard to the aggregate population or yearly value.
2. On representation of inhabitants of any two or more pa-
rishes that their benefices might be advantageously united, the
bishop shall inquire into the same.

3. Church Building Commissioners may propose scheme for transfer of surplus revenues to poor parishes.

4. Scheme to be posted on church doors, &c. Parties interested may shew cause against scheme. If no sufficient cause shewn, commissioners to certify to Queen in Council. Proviso.

5. Protests against the scheme may be considered by Judicial Committee. 6. Queen in Council may make orders affirming or approving any scheme.

7. Orders in Council to be gazetted and registered, and to have the force of law.

8. Commissioners may propose scheme for erection of new church or parsonage, removal of old church or parsonage, sale of site, &c., for the purposes of this act.

9. No burial ground or site of church to be sold under this act. Vaults and tablets.

10. Church and vestry of church left standing to be the church and vestry of united parishes.

11. Bishop of London may, under certain circumstances, appropriate for service in Welsh one of the churches in London otherwise to be pulled down.

12. Bishop may prepare a scheme for transference of lec

said [county], A. B., being charged before us, the under-tures from churches to be pulled down.

signed, of her Majesty's justices of the peace for the
said [county], and consenting to our deciding upon the charge
summarily, is convicted before us, for that [he, the said A. B.,
&c., stating the offence, and the time and place when and
where committed]; and we adjudge the said A. B., for his
said offence, to be imprisoned in the [house of correction] at
-, in the said [county], [and there kept to hard labour], for
the space of

Given under our hands and seals the day and year first
above mentioned, at in the [county] aforesaid.
J. S. (L. s.)
H. M. (L. S.)

to wit. day of

}

We,

FORM (B.)

Certificate of Dismissal.

13. Commissioners may re-appropriate pews of churches left standing in united benefices.

14. Sites of churches to be pulled down to vest in commissioners, in trust to sell, and apply the proceeds to purposes indicated in Order in Council. Commissioners may make valid conveyances of such sites. Proviso. 15. Commissioners to report. 16. Extent of act. 17. Continuance of act.

CAP. CXXVIII.

An Act further to amend the Laws concerning the Burial of
the Dead in England.
[14th August, 1855.]

2.

varied by like orders.

Penalty on persons burying contrary to the provisions of Orders in Council.

of her Majesty's justices of the peace for Sect. 1. Orders in Council under the recited acts may be the [county] of certify, that on the in the year of our Lord ~, at - -, in the said [county], A. B. being charged before us, and consenting to our deciding upon the charge summarily, for that [he, the said A. B., stating the offence charged, and the time and place when and where alleged to be committed], we did, having summarily adjudicated thereon, dismiss the said charge. Given under our hands and seals this at -, in the [county] aforesaid.

[blocks in formation]

Conviction upon a Plea of Guilly.

Be it remembered, that on the day of, in
to wit.
the year of our Lord ~, at
in the said
[county], A. B. being charged before us, the undersigned,
of her Majesty's justices of the peace for the said
[county], for that [he, the said A. B., &c., stating the offence,
and the time and place when and where committed], and
pleading guilty to such charge, he is thereupon convicted be-
fore us of the said offence; and we adjudge the said A. B., for
his said offence, to be imprisoned in the [house of correction]
at, in the said [county], [and there kept to hard labour],
for the space of

Given under our hands and seals the day and year first
above mentioned, at —, in the [county] aforesaid.
J. S. (L. s.)
H. M. (L. s.)

Vacancies in burial board to be filled up by vestry within a month.

Monthly meetings of boards repealed.

6. Sanction of vestry not required for expenditure and other acts of burial board in certain cases.

7. Fees, &c. to be subject to the approval of Secretary of State.

8.

Secretary of State may direct inspection of burial grounds. Penalty for obstructing inspector or violating regulations.

9. Part of sect. 24 of the 15 & 16 Vict. c. 85, repealed. Burial ground not to be within 100 yards of a dwelling-house.

10. If ratepayers resolve, land for new burial ground may be conveyed and settled as old burial ground. 11. How burial grounds are to be provided for united parishes.

12. Burial boards may be appointed for township, &c. (not separately maintaining their own poor) which have had separate burial grounds.

13. Provision for expenses of burial boards of places not separately maintaining their own poor.

14. No obligation to build a chapel for persons not members of the Church of England, when Secretary of State, upon representation of three-fourths of vestry, declares it unnecessary.

15. Assessment to local rates not to be increased after purchases for the purposes of this or any former act.

16. Separate burial boards whose burial grounds adjoin may contract with each other for specific purposes. 17. Burial board may let land not required for burials. 18. Burial board to keep in order closed burial grounds, &c.

19. Act not to abridge powers of local boards of health, &c.

20. Local boards of health to exercise powers of this

act.

21. Acts to be construed together.

4. Every vacancy in any burial board shall be filled up by the vestry appointing the same within one month after such vacancy shall have happened, and immediately on the occurrence thereof the same shall be notified by the burial board to the churchwardens or other persons to whom it belongs to convene meetings of the vestry; and in case any such vestry shall neglect to fill up any such vacancy, the vacancy may be filled up by the burial board at any meeting thereof; and every person to be appointed to supply any such vacancy shall be a ratepayer of the parish for which the burial board is appointed; and every such board may act for any purpose, notwithstanding any vacancies therein.

5. So much of sect. 13 of the said 15 & 16 Vict. [c. 85], as requires that the burial board shall meet once at least in every month shall be repealed.

6. If the vestry of any parish shall refuse or neglect to authorise the expenditure of such sums as the burial board of such parish shall have declared to be necessary for providing Whereas an act was passed in the session of Parliament and laying out a burial ground, and building the necessary holden in the 15 & 16 Vict. c. 85, "to amend the Laws con- chapel or chapels therein, it shall be lawful for such burial cerning the Burial of the Dead in the Metropolis;" and an act was passed in the session of Parliament holden in the 16 jesty's Principal Secretaries of State; and in case it shall appear board to represent such refusal or neglect to one of her Ma& 17 Vict. c. 134, "to amend the Laws concerning the Burial of the Dead in England beyond the Limits of the Metropolis, of the case, that the burial board are unable to provide such to the Secretary of State, after inquiry into the circumstances and to amend the Act concerning the Burial of the Dead in burial ground, or to proceed effectually in the execution of the Metropolis;" and an act was passed in the last session their duties, by reason of such refusal or neglect, it shall be of Parliament, the 17 & 18 Vict. c. 87, "to make further lawful for such Secretary of State, by warrant under his hand, Provisions for the Burial of the Dead in England beyond to authorise such burial board, without further authority, sancthe Limits of the Metropolis:" and whereas it is expedient tion, or approval of or by such vestry, to expend such sums that further provision should be made for the burial of the of money for providing and laying out a burial ground, and dead, and that the said acts should be amended: be it there-building the necessary chapel or chapels thereon, and to bor

fore enacted &c. as follows:

Sect. 1. It shall be lawful for her Majesty, by and with the advice of her Privy Council, from time to time to postpone the time appointed by any Order in Council for the discontinuance of burials, or otherwise to vary any Order in Council made under any of the said recited acts or this act, (whether the time thereby appointed for the discontinuance of burials thereunder, or other operation of such order, shall or shall not have arrived), as to her Majesty, with such advice as aforesaid, may seem fit; and every order of her Majesty in Council made before the passing of this act for varying any order previously made under the said acts, or any of them, shall be deemed valid and effectual in law.

2. If any person, after the time mentioned in any Order in Council under the said acts, or any of them, or this act, for the discontinuance of burials, shall knowingly and wilfully bury any body, or in anywise act or assist in the burial of any body, in any church, chapel, churchyard, burial ground, or place of burial, or (as the case may be) within the limits in which burials have by such orders been ordered to be discontinued, in violation of the provisions of any such order, every person so offending shall, upon summary conviction before two justices of the peace, forfeit a sum not exceeding 107.

3. The churchwardens or other persons to whom it belongs to convene meetings of the vestry of any parish in which no burial board has been appointed may at any time, at their discretion, without requisition of ratepayers for that purpose, convene a meeting of such vestry for the purpose of determining whether a burial ground shall be provided for the parish; and where any Order in Council has been made before the passing of this act for discontinuing burials (wholly, or subject to any exception or qualification) in any burial ground of any parish for which no burial board has been appointed, or notice has been given of the intention of the Secretary of State to make a representation to her Majesty in Council that burials should be discontinued (wholly, or subject to any exception or qualification) in any burial ground of any parish, the churchwardens, or other persons to whom it belongs to convene meetings of vestry, shall, with all convenient speed after the passing of this act, convene a meeting of the vestry for the purpose aforesaid; and where at any time hereafter notice is given of the intention of the Secretary of State to make a like representation in relation to a burial ground of any parish, such churchwardens or other persons as aforesaid shall forthwith convene a meeting of the vestry for the purpose aforesaid; and all the provisions of the said acts, as amended by this act, relating to and consequent upon vestry meetings convened upon such requisition as provided by the first-recited act, shall be applicable to vestry meetings convened under this

enactment.

row and charge such money for all or any of such purposes, and to enter into and make such contracts and purchases, and do such other acts as under sects. 19, 20, 26, and 42 of the said 15 & 16 Vict. [c. 85], might have been expended, borrowed, and charged, entered into, made, and done with the authority, approval, and sanction of such vestry, subject nevertheless to such limitation of amount, or other limitation or restriction, as such Secretary of State may by his warrant prescribe; and all acts done in pursuance of such warrant shall be as valid and effectual as if the authority, approval, and sanction of such vestry had in every case been obtained.

7. All such fees, payments, and sums as may be fixed, settled, and received by any burial board under sect. 34 of the said 15 & 16 Vict. [c. 85], shall be so fixed and settled subject to the approval of one of her Majesty's Principal Secretaries of State; and no such fees, payments, or sums shall be altered or varied without such approval.

8. It shall be lawful for one of her Majesty's Principal Secretaries of State from time to time to appoint and authorise any person to inspect any burial ground or cemetery, parochial or non-parochial, or place for the reception of bodies, to ascertain the state and condition thereof, and where regulations in relation thereto have been made or may be made by the Secretary of State under the said acts or any of them, to ascertain whether such regulations have been observed and complied with; and if any person having the care of any such burial ground, or cemetery, or other place, shall obstruct any person so authorised to inspect the same, or if any person having the care of any burial ground or place for the reception of bodies, subject to such regulations as aforesaid, shall violate or neglect or fail to observe and comply with any such regulation, or any regulation imposed by this act, every person so offending shall, upon summary conviction thereof before two justices, forfeit and pay a sum not exceeding 107.

9. So much of the said act of the 15 & 16 Vict. [c. 85], as enacts that "no ground (not already used as or appropriated for a cemetery) shall be appropriated as a burial ground, or as an addition to a burial ground, under that act, nearer than 200 yards to any dwelling-house, without the consent in writing of the owner, lessee, and occupier of such dwellinghouse," shall be repealed; but no ground not already used as or appropriated for a cemetery shall be used for burials under the said act or this act, or either of them, within the distance of 100 yards from any dwelling-house, without such consent as aforesaid.

10. If the ratepayers assembled at any vestry duly convened under the provisions of this act shall, in pursuance of public notice duly given in that behalf, resolve unanimously that any new burial ground to be provided for their parish, under the provisions of this act, shall be held and used in like manner,

and subject to the same laws and regulations in all respects, as the existing burial ground or churchyard of the said parish, the land for such new burial ground may be conveyed and settled in accordance with such resolution, anything in this or the said recited acts notwithstanding, and in such case it shall not be necessary to set apart, to remain unconsecrated, any portion of the land so conveyed and settled: provided always, that if at any time within ten years thereafter the vestry, duly convened under the provisions of this act in pursuance of public notice duly given in that behalf, should determine that an unconsecrated burial ground should be also provided for such parish, all the powers and provisions of the said recited acts and this act may be put in force, and shall be applicable for providing such unconsecrated burial ground separately, in like manner as they might have been put in force and been applicable for providing an ordinary burial ground for such parish.

11. Where a parish or place has been united with any other parish or place, parishes or places, for all or any ecclesiastical purposes, or where two or more parishes or places have heretofore had a church or a burial ground for their joint use, or where the inhabitants of several parishes or places have been accustomed to meet in one vestry for purposes common to such several parishes or places, it shall be lawful for the ves try, or any meeting in the nature of a vestry, of such several parishes or places in any of the cases aforesaid, and whether any one or more of such parishes or places do or do not separately maintain its own poor, to appoint a burial board, and from time to time to supply vacancies therein, and to exercise the same powers of authorisation, approval, and sanction in relation to such burial board, and such other powers, as under the said acts and this act are vested in the vestry of a parish or place separately maintaining its own poor; and the burial board so appointed shall have all the powers for providing a burial ground for the common use of such several parishes or places, and for facilitating interments, and otherwise, as if such several parishes or places had been a parish separately maintaining its own poor; and the expenses of the burial board appointed under this provision shall be borne by the several parishes or places for which such board is appointed, and shall be apportioned among them by such burial board in proportion to the value of the property in such several parishes or places as rated to the relief of the poor; and the sums required by the burial board in respect of the portion of such expenses to be borne by any such parish or place shall be paid out of the rates for the relief of the poor in such parish or place, in like manner as if such burial board had been appointed for such parish or place alone.

12. The vestry, or meeting in the nature of a vestry, of any parish, township, or other district not separately maintaining its own poor, which has heretofore had a separate burial ground, may appoint a burial board, and from time to time supply vacancies therein, and may exercise the same powers of authorisation, approval, and sanction in relation to such burial board, and such other powers, as under the said acts and this act are vested in the vestry of a parish separately maintaining its own poor; and the burial board so appointed shall have all the powers for providing a burial ground and otherwise as if such parish, township, or other district had been a parish separately maintaining its own poor.

13. Where any district (whether a parish or township or other subdivision) not separately maintaining its own poor, but forming part of a parish maintaining its own poor, or of an incorporation or other union maintaining the poor of the places comprised therein, by means of a common rate, shall have a burial board, or shall form part of a place or union of places not co-extensive with the area rated for the relief of the poor, and having one burial board, it shall be lawful for such respective burial board to issue their certificate to the overseers of such parish, or the overseers or other persons authorised to make and collect or caused to be collected such common rate, as the case may be, for payment of the sums required for the expenses of such burial board, or, where such district not separately maintaining it own poor forms part only of the area of the burial board, of the sums required in respect of the portion of such expenses to be borne by such district, in like manner as if such district had been a parish separately maintaining it own poor, and such overseers or persons authorised as aforesaid had been the overseers thereof; and such overseers or persons shall pay such sums as shall be required by such certificate, according to the directions of such burial

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board, and shall levy such sums as may be required for such payments to the burial board by an addition to the parish rate or common rate, so far as the same affects the district in respect of which such payments are required, or by separate rates to be made from time to time on such district; and for levying such additions or separate rates as aforesaid, such overseers or other persons shall have the powers, remedies, and privileges, and proceed in the same manner, as in the case of the rates for the relief of the poor: provided that any such rates may, notwithstanding any restriction in relation to the parish rate or common rate, be made and levied at such times as may be necessary to provide for the payments aforesaid. 14. And whereas doubts have arisen whether in all cases in which any burial board shall build in any burial ground provided by such board a chapel for the burial service according to the rites of the United Church of England and Ireland, such burial board is not also bound by law to build a chapel or chapels upon the unconsecrated part of such burial ground for the performance of burial service for persons not being members of the said church: be it enacted, that in any such case as aforesaid, where it shall appear to one of her Majesty's Principal Secretaries of State, upon the representation of a majority of the vestry of any parish, consisting of not less than three-fourths of the members of the same, that the building of a chapel upon the unconsecrated part of any such burial ground for the use of persons not being members of the said church is undesirable and unnecessary, it shall be lawful for the said Secretary of State, if he shall think fit, to signify his opinion to that effect to the burial board of the parish, and the said burial board shall thereupon be relieved from all obligation to build the same: provided always, that such Secretary of State shall not signify his opinion as aforesaid unless it be shewn to his satisfaction that notice of the intention to propose to such vestry to make such representation was given in manner required by law for notices of vestry meetings, and of the special purposes thereof.

15. No land already or to be hereafter purchased or acquired, under the provisions of any of the acts hereinbefore recited, for the purpose of a burial ground, (with or without any build. ing erected or to be erected thereon), shall, while used for such purposes, be assessed to any county, parochial, or other local rates at a higher value or more improved rent than the value or rent at which the same was assessed at the time of such purchase or acquisition.

16. That in any case where the burial boards appointed under the said recited acts of the 15 & 16 Vict. [c. 85], and the 16 & 17 Vict. [c. 134], or either of them, for any two parishes, shall provide separate burial grounds for such parishes respectively, and such burial grounds shall adjoin each other, it shall be lawful for the said burial boards to concur in building, either on one of the said burial grounds, or partly on one of such grounds and partly on the other, such chapels as are authorised to be built by the said acts, and that such chapels when erected shall be used in common by both of such parishes, and be deemed and taken to be the chapels of and belonging to each of such burial grounds respectively, in such manner, consistent with the provisions of the said acts or either of them, as the said burial boards shall mutually agree upon; and that the said burial boards may agree as to the proportions in which the expenses of erecting such chapel accommodation shall be borne by each of the said boards respectively; and the proportion for each of such parishes of such expenses shall be chargeable upon and paid in the same manner as the costs of providing burial grounds under the said acts; and where any burial board shall provide a burial ground, and cause chapels to be built thereon, pursuant to the said recited acts, it shall be lawful for such burial board, with the sanction of one of her Majesty's Principal Secretaries of State, to contract with any other burial board whose burial ground shall adjoin the one on which such chapels shall so have been built, for the use of such chapels, in such manner and on such terms as such respective burial boards shall mutually agree, and that during the existence of any such agreement such chapels shall be deemed and taken to be the chapels of and belonging to each of such burial grounds respectively.

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17. It shall be lawful for any burial board, with the sanction of one of her Majesty's Principal Secretaries of State, and subject to regulations approved of by him, to let any purchased by and vested in them under this act, or any of the acts hereinbefore recited, and which has not been consecrated, and in which no body has been at any time interred, and which

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