23 & 24 VIC. they shall have been reimbursed by the owner thereof the expense so incurred by them, with interest thereon at the rate of five pounds per centum per annum. c. 76, BURIAL GROUNDS AMENDMENT ACT, 1860. Burial Boards may accept the of burial grounds. 4. When the owner of any burial ground shall be desirous of putting the same under the management of the Burial Board of the district, it shall management be lawful for such Burial Board to accept the management thereof, and thereupon the said Burial Board shall be deemed the owners thereof, and shall have and exercise all the powers and authorities of the said recited Act and of this Act, with respect to the same, until the owner, his heirs or assigns, shall repay to the said Burial Board all expenses incurred by them in securely fencing such burial ground or putting the same into decent order, with interest thereon at the rate of five pounds per centum per annum. Acts to be construed as one Act. 5. This Act shall be deemed to be incorporated with "The Burial Grounds (Ireland) Act, 1856," and shall be as if this Act and the said Act were Act. one 32 & 33 VIC. c. 42, IRISH CHURCH Аст, 1869. Enactments with respect to burial grounds. 32 & 33 VICT. CAP. 42. An Act to put an end to the Establishment of the Church of Ireland, and to make Provision in respect of the Temporalities thereof, and in respect of the Royal College of Maynooth. [26th July, 1869.] EXTRACT relating to Burial Grounds. § 26. The following enactments shall be made with respect to burial grounds vested in the Commissioners": 1. Where any church vested in the representative body of the said Church has a burial ground annexed or adjacent thereto, but ai.c., the Commissioners appointed under this Act. c 42, IRISH CHURCH ACT, 1869. not separated therefrom by any carriage 32 & 33 VIC. highway, or that has been granted by a private donor to, or exclusively used by, the parishioners attending the said church, such burial ground shall be included with the church in the order made by the Commissioners, subject to any life estate or interest subsisting therein, and pass to the said representative body accordingly, but without prejudice to such rights of or in respect of burial as may be subsisting therein, or may be thereafter declared to subsist therein by Act of Parliament; or the Commissioners shall, at the option of the said representative body, vest such burial ground in the Guardians of the poor law union within which the same may be situate, subject to a right of way in the said representative body, and the clergy and congregation attending the said church, and such other persons as may resort thereto for the purpose of divine worship, or for the purpose of repairing the said church, or for any other lawful purpose; and such Guardians shall not allow any funeral to take place during the usual time of the ordinary services in the said church, and shall make such other regulations as may be found necessary from time to time to prevent any interference by persons attending funerals with the clergy or congregation attending the said church, and shall keep the wall or other fence, and the gates or doors of, and any road or path through, such burial ground to the church situate therein in good and sufficient repair, and shall, as far as may be consistently with the provisions herein-before contained, hold such burial ground for the same purposes, and subject to the same rules and regulations, as if such burial ground were a burial ground purchased or taken by such Guardians, being a Burial Board under the 32 33 VIC. c. 42, IRISH CHURCH ACT, 1869. provisions of "The Burial Act (Ireland), 1856," and the statutory amendments thereof, for the time being, but without prejudice to such rights of burial as may be subsisting therein at the date of such order, or may thereafter be declared to subsist therein by Act of Parliament : 2. Where any church conveyed to the Secretary to the Commissioners of Public Works for Ireland as aforesaid has a burial ground annexed or adjacent thereto, and also in every case other than those herein-before provided for in which a burial ground is vested in the Commissioners under this Act, unless such burial ground is in any private park, demesne, or ornamental grounds, the Commissioners shall vest such burial ground in the Guardians of the Poor of the poor law union within which the same may be situate, to be held by such Guardians for the same purposes, and subject to the same rules and regulations, as if such burial ground were a burial ground purchased or taken by such Guardians, being a Burial Board under the provisions of the Burial Act (Ireland), 1856, and the statutory amendments thereof, for the time being, but without prejudice to such rights of burial as may be subsisting therein at the date of such order, or may thereafter be declared to subsist therein by Act of Parliament; and the Commissioners may, in the case of burial grounds situate in private parks, demesnes, or ornamental grounds, vest the same in such person and in such manner as the Lord Lieutenant in Council may direct in each particular instance. COMMIS PROVISIONS of "THE COMMISSIONERS CLAUSES ACT, 10 Vic. c. 16, 1847" (10 Vic. c. 16), which are incorporated with "THE BURIAL GROUNDS (Ireland) ACT, 1856.” SIONERS CLAUSES Аст, 1847. And with respect to the appointment and account- Officers ability of the officers of the Commissioners, Be it enacted as follows: Commis and other from time to $65. The Commissioners may from time to Power to time appoint and employ a Treasurer, Clerk, Col- sioners to lector, Assessor, and all such other officers to assist appoint Clerk in the execution of this and the special Act as officers, and they shall think necessary and proper, and from remove them time to time remove any of such officers, and time. appoint others in the room of such as shall be so removed, or as may die, resign, or discontinue their offices, and may, out of the monies to be raised for the purposes of this and the special Act, pay such salaries and allowances to the said officers respectively as the Commissioners shall think reasonable. Clerk and held by the same person. 66. The same person shall not be appointed to offices of the office both of Clerk and Treasurer; and if any Treasurer person being the Clerk, or the partner of such not to be Clerk, or in the service of such Clerk or of his partner, accept the office of Treasurer,—or if any person being the Treasurer, or the partner of such Treasurer, or in the service of such Treasurer, or of his partner, accept the office of Clerk, he shall forfeit the sum of one hundred pounds; and any person may sue for such penalty by action of debt or on the case in any of the superior Courts, and shall on recovery thereof be entitled to full costs of suit. a See § 29 of the Burial Grounds Act (p. 570), according to which the term "Commissioners," used in this Act, is to signify "Burial Board" under that Act. The words "special Act" are defined by the 2nd section to mean "any Act with which this Act shall be incorporated." COMMIS SIONERS CLAUSES Аст, 1847. Officer taking fees other than 10 VIC. c. 16, 67. Every officer employed by the Commissioners who shall exact or accept on account of any thing done by virtue of his office, or in relation to the matters to be done under this or the special Act, any fee or reward whatsoever, other than the salary or allowances allowed by the Comthose allowed missioners, or who shall be in anywise concerned or interested in any bargain or contract made by the Commissioners, shall be incapable of being afterwards employed by the Commissioners, and shall forfeit the sum of fifty pounds; and any person may sue for such penalty by action of debt or on the case in any of the superior Courts, and shall on recovery thereof be entitled to full costs of suit. to lose his office, and forfeit £50. Security to be taken from all officers intrusted with money. Collectors to pay over monies within seven days to the Treasurer. Officers to account. 68. Before any person, whether Treasurer, Collector, or other officer intrusted by the Commissioners with the custody or control of monies by virtue of his office, shall enter upon such office, the Commissioners shall take sufficient security from him for the faithful execution thereof. 69. Every Collector appointed or employed by the Commissioners by virtue of this or the special Act to collect any rates shall, within seven days after he shall have received any monies on account of any such rates, pay over the same to the Treasurer of the Commissioners to their account; and the receipt of such Treasurer for the monies so paid shall be a sufficient discharge to the Collector; and every such Collector shall, in such time and in such manner as the Commissioners direct, deliver to them true and perfect accounts in writing under his hand of all monies received by him and of all monies paid by him to the said Treasurer by virtue of this or the special Act, and also a list of the names of all persons who have neglected or refused to pay any rate or money owing by them, with a statement of the monies due from them respectively. 70. Every Collector and other officer appointed or employed by the Commissioners by virtue of this or the special Act shall, from time to time when required by the Commissioners, make out and |