Her Majesty may appoint an additional member.] and it shall be lawful for her Majesty, from time to time, by warrant under her royal sign manual, to appoint one member (c) of such board in addition to the members of such board which her Majesty may be authorized to appoint under any other Act or Acts, and at pleasure to remove the member so appointed;

Board incorporated.] and such board shall for the purposes of this Act be one body politic and corporate by the name of "The General Board of Health," and by that name shall have perpetual succession (d), and a common seal, and shall sue and be sued, and have power and authority (without any licence in mortmain) to take, purchase, and hold lands, tenements, and hereditaments for the purposes of this Act.

SECT. 3. Power to board to appoint and remove assistant secretary, treasurer, &c.] And be it enacted, that it shall be lawful for the said board from time to time

of the commissions of sewers, dated 30th November and 4th December, 1847, nor to the parts subject to the jurisdiction of the commissioners acting in execution of the Act 5 Geo. 4, c. 100, for more effectually paving, lighting, watching, &c., the Regent's-park, and the several Acts extending the jurisdiction of those commissioners. Consequently the general board of health have no jurisdiction in any matter within the Metropolitan Burial District, other than they derive under this Act; or under "the Nuisances Removal and Diseases Prevention Acts, 1848, 1849," when the portions of those latter Acts which relate to the prevention of epidemic, endemic, and contagious diseases, are put in force by an order in council.

(c) This additional member will act in the execution of the general powers of the board, and not exclusively in carrying the provisions of this Act into effect.

(d) This does not perpetuate the powers of the board, but refers to the corporate character conferred upon it. See sect. 4.

to appoint or employ for the purposes of this Act (e), an assistant secretary, a treasurer, and such clerks and officers, and for and in each burial ground to be provided by the said board under this Act, a warden, and such assistants, grave-diggers, and other servants as they deem necessary, and to remove such assistant secretary, treasurer, clerks, wardens, officers, and servants, or any of them.

SECT. 4. Appointments limited to duration of appointments under Public Health Act.] And be it enacted, that no additional member of the said board to be appointed under this Act, and no assistant secretary, treasurer, or other officer to be appointed as aforesaid, shall hold his office after the expiration of the period for which "The Public Health Act, 1848," provides that the said general board of health shall be continued (f).

SECT. 5. Board to provide offices.] And be it enacted, that the said board shall provide such offices as they may think necessary for the purposes of this Act, and for providing such offices may purchase by agreement or take on lease any lands which may appear to them convenient for the same.

(e) It would appear that the Act contemplates the appointment of a staff of officers, for the purposes of this Act, distinct from the existing staff appointed under the General Board of Health Act. For the salaries of the new staff of officers, as well as of the additional member of the board, are to be paid out of the fees received under the Act (sect. 42,) whilst the salaries of the old staff are paid out of the consolidated fund.

(f) The duration of the Public Health Act is limited to five years from the 31st August 1848, and thenceforth until the end of the then next session of parliament.

SECT. 6. Power to board to provide burial grounds, and enlarge them if necessary.] And be it enacted, that the said board shall from time to time provide, in such places as, having regard to the public health, may appear to them expedient, and either within or without the limits of the district, burial grounds of sufficient extent for the decent interment of the bodies of all persons dying within the district (g); and it shall be lawful for the said board, from time to time, in case it appear to them necessary or expedient so to do, to enlarge any burial ground provided by them under this Act, and to make any road to such burial ground, or, with the consent of the owner of any existing road, or of the persons in whom the management thereof may by law be vested, to widen or improve such existing road, for facilitating the approach to such burial ground;

Power to purchase lands for burial grounds,] and for providing any burial ground under this Act, or enlarging any such burial ground, or making, widening, or improving roads or approaches thereto, it shall be lawful for the said board to purchase by agreement any lands which it may appear to them expedient to purchase for such purpose.

SECT. 7. Power to board to purchase cemeteries.] Provided always, and be it enacted, that for the pur

(g) These burial grounds are to be provided for the interment of the bodies of persons dying within the district. But there is nothing in the Act to prevent the bodies of persons dying beyond the limits of the district being brought for interment to any such burial ground, but not as of right, unless they be parishioners or inhabitants; for the 14th section only gives the right of sepulture in the burial grounds established under the Act to the parishioners and inhabitants of the several parishes within the district.

poses of this Act the said board may, if they see fit, purchase and take by agreement or otherwise all or any of the cemeteries mentioned in the schedule (B.) to this Act (h), subject to the rights to graves, vaults, and monuments subsisting therein, and subject to such subsisting rights, and save as herein-after mentioned, all the provisions of this Act concerning burial grounds. provided thereunder shall extend to the cemeteries purchased as aforesaid; provided that no such cemetery shall be taken otherwise than by agreement after the expiration of two years from the passing of this Act (i).

SECT. 8. Before purchase of land for burial grounds the board to give six weeks notice by advertisement for tenders.] Provided always, and be it enacted, that

(h) The cemeteries which the board will be empowered to purchase under this Act are the following: Highgate, containing 18 acres; Nunehead, 50 acres; Victoria Park, 11 acres; City of London and Tower Hamlets, Mile End, 30 acres; West of London and Westminster, Earl's Court, Brompton, 39 acres; South Metropolitan, Norwood, 50 acres; Kensal Green, 54 acres; and Abney Park, 30 acres; or together about 282 acres, of which only about 17 acres have as yet been used.

(i) Under this section the board is empowered to purchase the cemeteries in question; but if they do not do so within two years from the passing of the Act, that is, prior to the 5th August, 1852, they will be precluded from purchasing them, otherwise than by mutual agreement with the companies.

The Act does not specify in what manner the value of the interest of the companies in the cemeteries is to be ascertained. But it incorporates with it (see section 69), "The Land Clauses Consolidation Act, 1845," so for as respects such purchases, and compensation to persons interested in non-parochial burial grounds; and that Act provides for the matter being referred to arbitration, or to a jury when the parties cannot agree.

Section 75 provides for the dissolution of cemetery companies after the purchase of any of the cemeteries.

before the said board enter into any agreement for the purchase of any lands as aforesaid for the site of any burial ground, (save any such cemetery as aforesaid, or any land required for enlarging any such cemetery or burial ground), they shall give public notice, by advertisement to be inserted not less than twice in each of two daily newspapers published in London or Westminster, inviting tenders by persons willing to sell lands for the purposes for which the same are required by the said board; and no such agreement for purchase as aforesaid shall be entered into by the said board until the expiration of six weeks from the time of the insertion of the first of such advertisements (j).

SECT. 9. Board to enclose and lay out burial grounds, erect buildings, and build chapels.] And be it enacted, that it shall be lawful for the said board to enclose and lay out the burial grounds provided under this Act, in such manner, and to erect and make therein such buildings and other works, as may appear to them fitting and proper, and to build in every such burial ground a suitable chapel for the performance of burial service according to the rites of the united church of England and Ireland, or where there is any chapel already built, and consecrated according to the rites of the said united church, in any cemetery purchased under this Act, to enlarge such chapel, if it appear to the said board necessary so to do for the performance of such service; and every such chapel, and every burial ground provided under this Act, except such portion thereof as may not be intended to be used for

(j) See sect. 68, which requires the approbation of the commissioners of her Majesty's treasury to any purchase about to be made by the board when the purchase money exceeds 1007.