such parish shall, by himself or curate, upon giving such notice as may be required in this behalf by any such regulations as aforesaid, have the same rights and authorities for the performance of religious service in the burial of the bodies of the parishioners or inhabitants of his parish in the portions consecrated as aforesaid of the burial grounds provided under this Act as if the same were burial grounds of such parish (u); and the parishioners and inhabitants and the incumbent of every such parish and place shall respectively have such rights as aforesaid, notwithstanding the exception from any order for discontinuance of interment of any burial ground or burial grounds, or right of burial in any burial ground or burial grounds, in or belonging to any such parish or place, unless in such order as aforesaid any burial ground or burial grounds so excepted be declared to be continued for such parish or place in lieu of all rights of the parishioners and inhabitants to sepulture in the burial grounds provided under this Act; and for the purposes of the enactments of the laws relating to the poor which concern the burial of the bodies of poor persons, and of all other enactments under which burials are authorized or directed to take place in the burial ground of or belonging to a parish or place, the burial grounds provided under this Act shall be deemed to be burial grounds of and belonging to the several parishes and places within the district (v).

(u) See the proviso to section 10.

(v) With respect to paupers, it is enacted by the 7 & 8 Vict. c. 101, s. 31, that the bodies of poor persons buried at the expense of the poor rates shall, unless otherwise desired by the deceased person during his or her life time, or the wife or husband or next of kin, be buried in the churchyard or other consecrated burial ground in or belonging to the parish or place in which the death may have occurred; hence this provision.

SECT. 15. As to interments in unconsecrated portions of burial grounds.] And be it enacted, that subject to the provisions herein contained, and the regulation made under this Act, the portion not consecrated as aforesaid of any burial ground provided under this Act shall be used for the interment of the bodies of persons dying within the district, when the relatives or other persons having the care and direction of the funerals desire to have such bodies so interred; and such bodies may be there interred in such manner, and with such religious service, rites, or ceremonies, as such relatives or persons having the care and direction of the funerals may think fit; and the said board may, upon the request of members of separate religious denominations or sects, and upon such terms and conditions, not inconsistent with the known tenets or usages of such religious denominations or sects, as the said board may think fit, permanently appropriate and set apart or cause to be enclosed separate parts of the portion not consecrated as aforesaid of any burial ground provided under this Act, to be used for the exclusive interment of the bodies of persons of such separate religious denominations or sects (w).

SECT. 16. After publication of order for discontinuing interment, no burial to take place contrary thereto.] And be it enacted, that after the publication in the London Gazette of any order of Her Majesty in council made under this Act ordering the discontinuance of interment, it shall not be lawful, after the time in such

(w) Under the latter part of this clause portions of burial grounds may be appropriated for the exclusive use of members of the Jewish persuasion and other sects.

With respect to the payment of fees for religious rites in unconsecrated ground, see sect. 38.

order mentioned, to bury the dead in any church, chapel, churchyard, or burial place, or elsewhere, within any part of the district in which interment has by any such order been ordered to be discontinued, except as in such order excepted, and except in the burial grounds provided as aforesaid, and as otherwise authorized by this Act (x); and every person who shall after such time as aforesaid bury any body, or in anywise act or assist in the burial of any body, in any such church, chapel, churchyard, or burial place, or elsewhere, within any such part as aforesaid of the district, except as in any such order excepted, and except in any burial ground provided as aforesaid, or as otherwise authorized by this Act, shall be guilty of a misdemeanor (y).

SECT. 17. Saving of certain rights to bury in vaults, &c.] Provided always, and be it enacted, that where by virtue of any faculty legally granted (z), or by usage or otherwise, there is, at the time of the passing of this Act, any right of interment in or under any

(x) See sect. 19 with respect to the operation upon existing cemeteries of the order in council authorized by this section.

(y) That is, after being legally convicted of the offence, which being one committed against the public any one can prosecute the offender.

(z) A faculty to be legal must have been granted by the ordinary, after public notice given to the parishioners of what was intended to be done under it. It must have been to a parishioner, and be annexed to a mansion within the parish. Bryan v. Whistler, 2 M. & R. 318; 8 B. & C. 288. It must be limited in the same manner as faculties for pews, to the use of the family as long as they continue parishioners and inhabitants." Magnay v. St. Michael, 1 Hagg. R. 48. No exclusive right of burial in a vault can be granted by a rector, but only permission to bury therein at each particular time. Bryan v. Whistler.

church or chapel, or in any vault of any church, chapel, churchyard, or burial ground, and where any exclusive right of interment in any cemetery or burial ground has been purchased or acquired before the passing of this Act, it shall be lawful for the said board from time to time, on application being made to them, and on being satisfied that the exercise of such right will not be injurious to health, to grant licence for the exercise of such right during such time and subject to such conditions and restrictions as the said board may think fit; but such licence shall not prejudice or in anywise affect the authority of the ordinary, or of any other person who if this Act had not been passed might have prohibited or controlled interment under such right, nor dispense with any consent which would have been required, nor otherwise give to such right any greater force or effect than the same would have had if this Act had not been passed.

SECT. 18. Saving as to St. Paul's Cathedral and Westminster Abbey.] Provided also, and be it enacted, that nothing herein contained shall extend to prevent the interment in the cathedral church of Saint Paul's London, or in the collegiate church of Saint Peter's Westminster, of the body of any person, where her Majesty, by any writing under her royal sign manual, shall signify her pleasure that the body be so interred (a).

SECT. 19. Order to be suspended till compensation

(a) This section appears to have reference only to interment in the interior of St. Paul's or Westminster Abbey. But under section 17 the board of health would be authorized to grant licence for the interment of the body of any person claiming during his lifetime a prescriptive or other right to interment within the precincts or in the cloisters of Westminster Abbey.

money is paid.] Provided also, and be it enacted, that where any such order of Her Majesty in council shall affect any cemetery mentioned in the schedule (B.) to this Act, and not previously purchased by the said board, the operation of such order as to such cemetery shall be suspended until the compensation in respect of the discontinuance of interment in such cemetery under such order, which may be payable under this Act to the company to which such cemetery belongs, has been paid; and upon payment of such compensation such cemetery shall vest in the said board, subject to the rights subsisting therein, so far as such rights are not inconsistent with such order as aforesaid or with the provisions of this Act.

SECT. 20. Power to remove bodies to burial grounds provided under this Act.] And be it enacted, that it shall be lawful for the relatives of any deceased person, with the consent of the incumbent or other person having the care or control of any church, chapel, churchyard, cemetery, or other place within the district in which the body of such deceased person has been interred, and with the consent of and subject to the regulations of the said board, and upon payment of such fees as may be fixed by the said board, to cause such body to be removed to and interred in any burial ground provided under this Act, without any faculty for that purpose (b).

SECT. 21. Fees to be paid upon interments.] And be it enacted, that there shall be paid upon all interments

(b) This section authorizes the exhumation of bodies already interred within the district, whether in a vault or in the open burial ground, and their removal for the purpose of re-interment to any of the burial grounds to be provided under this Act.