SECOND SCHEDULE. FORWARDING AGENT'S LICENSE. No. the We the undersigned being two of Her Majesty's Justices of the Peace for hereby certify that A.B. of was at a court day of at E.F. of petty sessions holden this upon the recommendation of C.D. of G.H. of N.O of and upon payment of twenty pounds licensed to carry on business at No. 1 Collins street in the city of Melbourne and No. 2 Malop street in the town of Geelong as a carriers' agent and forwarding agent for the period of twelve calendar months from the day aforesaid. 22 VICTORIA, No. 78. Section 14. No. 201. 27 VICTORIA, An Act to Consolidate and amend the Laws relating to Cemeteries. [20th April 1864.] BE it enacted by the Queen's Most Excellent Majesty by and with Title of Act. Repeal of certain Acts. Governor in appoint trustees Power of trustees to hold lands. Power of Go to remove trustees the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows: 1. This Act shall be called and may be cited as "The Cemeteries Statute 1864." 2. The several Acts mentioned in the Schedule to this Act shall be and they are hereby repealed; but nothing herein contained shall be deemed to affect any grant or appointment or regulation made or any act or thing done under the said Acts or either of them before the commencement and coming into operation of this Act; and all offences committed and penalties incurred before the coming into operation of this Act may be punished and recovered respectively as if this Act had not been passed. 3. The Governor in Council may from time to time appoint so many trustees not fewer than three in number as he may think fit for any public cemetery; and every such appointment shall be published in the Government Gazette. 4. The trustees so appointed and their successors to be appointed as hereinafter mentioned shall have power to hold any lands or hereditaments that may be conveyed to them by deed of grant from the Crown or by any other sufficient deed of conveyance in trust for the establishment or purpose of a public cemetery. 5. The Governor in Council may from time to time as and when vernor in Council he shall think proper remove from the said trusts any trustee of and appoint new any such cemetery; and also upon the death resignation or removal of any trustee appointed under this Act may appoint another in his stead. trustees. Removal and appointment to be published in Gazette. Trustees' power. 6. Every such removal and appointment shall be published in the Government Gazette; and upon the publication thereof, without any further conveyance, the legal estate in all lands and hereditaments respectively held by any such trustee in trust for the purposes aforesaid shall vest in such new trustee or trustees solely or conjointly with the continuing trustee or trustees as the case may require. 7. The trustees of any such cemetery shall have power to enclose any land so granted or conveyed as aforesaid with proper and sufficient walls rails fences or palisades, and to erect suitable gates and entrances and to lay out and ornament such cemetery in such a manner as may be most convenient and suitable for the burial of the dead, and to embellish the same with such walks avenues roads and shrubs as may to them seem fitting and proper; and to preserve maintain and keep in a cleanly and orderly state and condition and cause to be so maintained and kept the whole of any such cemetery and its walls and fences and all monuments tombstones enclosures buildings erections walks and shrubberies therein and belonging thereto. No. 201. And the trustees shall expend, subject to the 27 VICTORIA, directions of the Governor in Council, the moneys in their hands. from time to time to be received by them under this Act in and about the matters aforesaid and in the burial of poor persons. 8. The trustees of any such cemetery shall have power and Rules and authority to make such rules and regulations, and to do and perform regulations. and cause to be done and performed all such acts matters and things, as may be necessary and proper for any of the purposes aforesaid; and for directing the positions of all graves and vaults to be made in the said cemetery the depths of the graves and construction of coffins to be admitted into vaults and the covering of vaults so as to prevent the escape of any noxious exhalation or evaporation in the said cemetery; and for protecting the buildings monuments shrubberies plantations and enclosures therein and thereof from destruction or damage. 9. No rule or regulation shall be in force until the same has to be published been submitted to the Governor in Council and published in the in Gazette. Government Gazette. 10. The trustees of any such cemetery shall not be competent to quorum of proceed to business at any meeting unless there be at least three of trustees. them present. 11. The trustees of any such cemetery may adopt rules for Trustees to adopt convening meetings and such other rules and regulations as may be rules. necessary for their own guidance and management. decided by 12. The majority in number present at any meeting of the said questions to be trustees shall decide and determine all questions matters and things majority. which may be discussed or considered at such meeting. interfere with religious 13. The trustees of any such cemetery shall not by any rule or Trustees not to regulation or any act matter or thing at any time interfere directly or indirectly with the performance of any religious ceremony in the ceremonies. burial of the dead according to the usage of the communion to which the deceased may have belonged; or with the original distribution of the said lands or hereditaments made or intended to be made by the deed of grant or other conveyance to and amongst separate and distinct religious denominations and communions. religion to have 14. The minister of any denomination for which any portion of Ministers of any such cemetery shall be specially set apart may have free access free access. and admission to such portion of the said cemetery at all times as he shall think fit; and may freely exercise his spiritual functions therein without any hindrance or disturbance of the trustees of the said cemetery or any person whatsoever. 15. The trustees of every such cemetery may from time to time Trustees to make with the consent of the Governor in Council make and publish in the and publish scale Government Gazette a scale of fees payable on any vault or grave being dug and made and any monument or tombstone being erected or placed in any part of any such cemetery. monuments. 16. If such scale of fees have been made and published as Vaults and aforesaid, the trustees of any such cemetery may permit any vault or grave to be dug or made in such cemetery and any monument or No. 201. 27 VICTORIA, tombstone to be erected or placed in any part of any such cemetery as they may think proper, upon payment to them by the person desiring to dig and make such vault or grave and to erect and place such monument or tombstone of the fees named in the scale. aforesaid. Plan of vault &c. to be submitted to trustees. Trustees to fix 17. When any person desires to erect and place any monument or tombstone in any part of any such cemetery, he shall before such permission as aforesaid is given submit a plan of the monument or tombstone proposed to be erected and placed to the trustees of such cemetery; who shall be at liberty to withhold their permission and prevent the erection of any monument which shall appear to them inappropriate or unbecoming. 18. The trustees of any such cemetery shall determine and fix position of vault the position of any monument which may be proposed to be erected according to the description size and character thereof, having reference to the general plan for ornamenting the said cemetery in an appropriate manner. Monuments &c. to be kept up. Private vaults protected. Monuments &c. removed. Mortuary church. 19. Any person so digging and making such vault grave or tombstone or erecting and placing such monument in such cemetery by and with such permission as aforesaid and upon payment of the fees aforesaid shall be entitled to have maintained and kept up such vault grave monument or tombstone according to the terms of such permission to and for the sole and separate use of such person and his representatives for ever. 20. [Repealed, and new provision substituted, by 31 Vict. No. 310 s. 9, "Health (Amendment)," post.] 21. Before any corpse shall be permitted to be interred in any vault brick grave or in any place of burial the exclusive right of burial or interment wherein shall have been sold or granted by the said trustees as a family or private burial place, the said trustees or any officer employed by them may enquire, and they or he shall be entitled to have produced to them or him satisfactory evidence that the person for the time entitled as owner to the exclusive right of burial or interment in such vault brick grave or other burial place has consented or would not object to such interment taking place therein. 22. When any monument cenotaph tablet or other erection has been erected or built contrary to the terms and conditions upon which permission to erect or construct the same was granted, or in case such terms and conditions as well as the regulations of the said cemetery have not been complied with the trustees may take down and remove such monument cenotaph tablet or other erection. 23. Where the members of any religious denomination desire at their own expense to erect and build in any such cemetery a suitable mortuary church or chapel for the performance of the rites and ceremonies, in the burial of the dead according to the usages of such denomination, if the plans specifications elevations and models thereof with lodges and other buildings and conveniences thereto be first submitted for the approval of the trustees of the said cemetery and approved by them the said trustees may permit the same to be erected and built within such part of the said cemetery as shall be 27 VICTORIA, specially set apart for that denomination. No. 201. direct money to 24. The Governor in Council may direct such sums of money as Governor in he may think fit to be paid out of any part of the public revenues of Council may Victoria appropriated or to be appropriated for the establishment of be paid to truscemeteries to the trustees of any cemetery and to their successors in lishment and trust for the establishment and management of such cemetery. tees for estab management of cemeteries. either lent or 25. The Governor in Council may either cause such sums to be Money to be lent to such trustees to be repaid out of the fees as herein mentioned; or, when from the situation of the cemetery or any other circumstance it seems improbable that such fees will be sufficient to defray any such loan, he may cause such sum to be paid to such trustees in trust for the establishment and management of the cemetery. money is lent. 26. In case any sum is so lent as aforesaid the Governor in security where Council may require such security over the fees herein mentioned as may be expedient; but such security shall not involve any of the said trustees in any personal liability. account and abstract. 27. The trustees of every cemetery shall keep a full and parti- Trustees to keep cular account of all sums of money received and expended by them, and an abstract of such account made up from the day of their first appointment to the thirty-first day of December in the first year and from the first day of January to the thirty-first day of December both inclusive in each subsequent year. Secretary. 28. The trustees of every cemetery shall transmit such account and transmit the and abstract verified respectively by a statutory declaration by three same to Chief at least of such trustees to the Chief Secretary on or before the first day of March in every year; and every such abstract shall be published in the Government Gazette. 29. The trustees of every cemetery shall send along with such statement. account and abstract a statement of the condition of such cemetery as to repairs order and ornament, and a suggestion as to the alterations necessary or expedient in the ensuing year in such repairs order and ornament, and an estimate of the expense which may probably be incurred in effecting the same. appropriation of 30. The Governor in Council upon examination of the said Governor in accounts statements suggestions and estimates shall direct the Council to direct manner in which the balance of moneys in the hands of such trustees moneys. shall be appropriated; and shall if any sum so lent or advanced as aforesaid be unpaid determine the proportion (if any) to be applied in payment of such sum and the amount to be expended in the laying out or improvement of such cemetery in the ensuing year. published in Gazette. 31. Every such direction shall be published in the Government Directions to be Gazette, and thereupon the trustees shall pay such proportion as aforesaid into the consolidated revenue for the public uses of Victoria; and if no such sum shall have been lent or if lent shall have been paid off, the balance (if any) in the hands of the trustees shall be expended in the improvement of such cemetery and the interment of poor persons. 32. If any such trustee omit to make and transmit such account Penalty if trustee aforesaid, he shall on conviction before any two neglect. and abstract as |