the burial of the dead according to the rites of the said united church, may be consecrated by the lord bishop of the diocese within which such chapel is situated; and every chapel consecrated according to the rites of the said united church in any burial ground provided under this Act, and the portion consecrated as aforesaid of every such burial ground, shall be subject to the jurisdiction of the said bishop, and no service shall be performed in the burial of the dead in the portion consecrated according to the rites of the said united church of any burial ground provided under this Act otherwise than according to the rites of such church (k).

SECT. 10. Power to board to appoint chaplains, who shall be licensed by and subject to the jurisdiction of the bishop.] And be it enacted, that the said board shall from time to time appoint so many clerks in holy orders as they may think necessary to be chaplains to officiate in the burial grounds provided under this Act, and such chaplains shall be licensed by and subject to the jurisdiction of the bishop of the diocese (7), and the consent of the incumbent of the parish in which any such burial ground may be situate shall not be required to the grant of any such licence, and every such licence shall be revocable by the said bishop when he thinks fit; and the said board may assign to such chaplains such duties in relation to the time and place

(k) See sect. 11, with respect to the unconsecrated portion of the burial ground.

(7) In the bill as originally introduced, it was proposed that the Bishop of London only should have spiritual jurisdiction over the cemeteries. But as the Act now stands, the bishop of the diocese in which the cemetery is locally situate has jurisdiction. See also s. 64, and Cemeteries Clauses Act, 1845.

of the performance of the burial service in the portions consecrated as aforesaid of the burial grounds provided under this Act as the said board may from time to time think fit; and the said board shall have power to remove such chaplains (m); provided always, that the incumbent of the parish from which any body is brought may, by himself or his curate, upon giving notice as herein-after mentioned (n), perform such service over such body, where he desires so to do, and, subject to the rights of such incumbent and the regulations of the said board, any other clerk in holy orders not prohibited by the bishop, nor under ecclesiastical censure, may perform such service.

SECT. 11. A portion of each burial ground not to be consecrated.] And be it enacted, that a portion of every burial ground provided under this Act shall not be consecrated as aforesaid, and the said board may build thereon a suitable chapel or chapels for the performance of funeral service; and so much of any of the cemeteries mentioned in the said schedule (B.) which shall be purchased under this Act as may not have been consecrated at the time of such purchase thereof, and may have been used or appropriated for the purposes of interment, shall remain unconsecrated, and where there is any chapel on such unconsecrated part of any such cemetery, the said board may, if they think necessary, enlarge such chapel for the performance of funeral service. (0)

(m) The bishop, by the first part of this section, is empowered to revoke the chaplain's licence, and that revocation would in effect remove him from his office.

(n) See sect. 14.

(0) As to interments in such portions of burial grounds, and fees, see sects. 15, 38.

Notice of Burial Ground being provided. 9

SECT. 12. Notice to be given in the London Gazette when a burial ground is provided under this Act.] And be it enacted, that when the said board have provided any burial ground, and have made all such arrangements as they may think necessary for the interment in such ground of the bodies of the dead, and after the consecration of such portion thereof as may require consecration, they shall give notice in the London Gazette, that they have provided such burial ground, and that interments may be made therein; and after such notice interments may be made in such burial ground under this Act. (p)

SECT. 13. Queen in council may, upon report of board, order discontinuance of interment in churchyards, &c.] And be it enacted, that when the said board shall be of opinion that interment (otherwise than in the burial grounds provided under this Act) should be discontinued, wholly or subject to any exception or exceptions, in any part or parts of the district, they shall report to Her Majesty their opinion accordingly, and so from time to time when the said board shall be of opinion that interment (otherwise than as aforesaid) should be so discontinued in any part or parts of the district in which such interment has not been already ordered to be discontinued, or in any place excepted from any former order for the discontinuance of interment, they shall report to Her Majesty in like manner (q); and at any time after the

(p) This section refers to the existing cemeteries as well as to other burial grounds which may be provided by the board.

(q) It is important to observe that this section authorizes the shutting up of existing burial grounds, &c., notwithstanding the board may not have provided other burial grounds under the provisions of this Act.

presentation of any such report it shall be lawful for Her Majesty, by and with the advice of her privy council, to order that after a time mentioned in the order interment in the churches, chapels, and churchyards, and other burial places, and elsewhere within any part or parts in any such report or reports and in such order mentioned, of the district, shall be wholly discontinued, or shall be discontinued subject to any exception or exceptions mentioned in such order; and any such order may direct that the care of any non-parochial burial ground in which interment is ordered to be discontinued shall be vested in the said board, and may authorize such board to cause such ground to be fenced in such manner as the said board may think suitable, and otherwise to act in relation to such ground as may appear to such board fit and proper for securing due respect to the bodies interred therein, and for protecting the public health (r); and every such order shall be published in the London Gazette; provided that notice of every such report, and of the time when it shall please Her Majesty to order that the same be taken into consideration by the privy council, shall be published in the London Gazette, and shall be affixed on the doors of the churches or chapels, or on some other conspicuous places within the part or parts of the district to which such report relates, one calendar month, or, where any order made under "The Nuisances Removal and Diseases Prevention Act, 1848," directing the provisions of that Act for the prevention of epidemic, endemic, and contagious diseases to be put

(r) Sect. 36 provides for compensation being awarded to persons or sects interested in non-parochial burial grounds.

in force (s), is in force within such part or parts, then seven days at the least before such report is so considered.

SECT. 14. Inhabitants of parishes comprised in the district, or within any part of the district, in which interment is ordered to be discontinued, to have right of sepulture in burial grounds provided under this Act.] And be it enacted, that, subject to the provisions herein contained, and the regulations made under this Act, the parishioners and inhabitants of the several parishes and places within the district (after the time from which interment has been ordered to be discontinued in the whole district), or within any part or parts of the district in which interment has been ordered to be discontinued, after the time from which interment has been ordered to be discontinued therein, shall have the same rights of sepulture in the portions consecrated as aforesaid of the burial grounds provided under this Act as they respectively would have had in the burial grounds in and for their several parishes and places (t); and the incumbent of every

(s) The Act here referred to empowers the lords of Her Majesty's privy council to put its provisions for the prevention of epidemic, endemic and contagious diseases, in force for a period not exceeding six months, when any part of the kingdom shall appear to be threatened with or affected by any formidable disease of that nature. See "Glen's Nuisances Removal and Diseases Prevention Acts, 1848 and 1849," third edition.

(t) This proviston confers upon the inhabitants of the district the right of sepulture in the consecrated portions of the whole or any one of the burial places to be provided by the board, but this right will not vest in the inhabitants until "after the time from which interment has been ordered to be discontinued in the whole district."