person cannot keep the body unburied, neither can he do any- Common law thing to prevent Christian burial, he cannot cast out the body liability to to do violence to the feelings and health of the living, neither bury. can he be permitted to carry it uncovered to the grave. This duty of providing burial for the dead extends not only to private persons, but to public bodies also; and therefore when the death takes place in a hospital for the cure of diseases, or other public establishment, the obligation of burying the body is imposed upon the governing body of the hospital or establishment. (1) According to this rule, therefore, if after a dead body has been received into the house provided by the Local Board for the reception of the dead the relations or friends do not make provision for the burial, the Local Board would apparently be bound to do so, though perhaps the case might be provided for by any bye-laws made under 11 & 12 Vict. c. 63, s. 81. Nevertheless in such a case application may be made to the Board of Guardians of the union in which the reception Burial by house is situated to provide for the burial of the body at the guardians of the poor. cost of the poor rates, which they are empowered to do by the 7 & 8 Vict. c. 101, s. 31. That enactment, however, is only permissive; and the Guardians may therefore exercise a discretion as to whether or not they will undertake to provide for the burial. The 18 & 19 Vict. c. 79, s. 2, enables Boards of Guardians of unions or the overseers, where there are no guardians, to enter into agreements with Burial Boards for the burial of the dead bodies of any poor persons which such guardians or overseers may undertake to bury; and a like power is given to visitors of lunatic asylums by the 18 & 19 Vic. c. 105, S. 12, for the burial of the dead bodies of pauper lunatics dying in asylums which they may undertake to bury. decent order Local Boards of Health have special duties cast upon them, Closed burial when constituted Burial Boards, in respect of the repair and grounds to keeping in order closed burial-grounds; but previous to refer- be kept in ring to those special duties, it is necessary to advert to the pro- and repair. visions in the 18 & 19 Vict. c. 128, s. 18, on the same subject. 18 & 19 Vict. It is thereby enacted, that in every case in which any Order in c. 128, s. 18. Council has been or shall hereafter be issued for the discontinuance of burials in any churchyard or burial-ground, the Burial Board or churchwardens, as the case may be, shall maintain such churchyard or burial-ground of any parish in decent order, and also do the necessary repair of the walls and other fences thereof. The costs and expenses so incurred shall be repaid by the overseers upon the certificate of the Burial Board or churchwardens, as the case may be, out of the rate made for the relief of the poor of the parish or place in which such churchyard or burial-ground is situate, unless there shall be some other fund legally chargeable with such costs and expenses. (1) Reg. v. Stewart, 12 A, & E. 773; 10 L. J. M. C. 40, Closed burialgrounds. 18 & 19 Vict. c. 128, s. 18. The above provision applies only to cases in which the churchyard or burial-ground has been closed by an Order in Council; and it is only the burial-ground of or belonging to a parish that comes within the provision, and in regard to which the Burial Board can interfere. (1) The provision is not applicable to a churchyard closed by Act of Parliament, and though it applies to the churchyard, it does not apply to the vaults which are inside a church. The subsequent Acts, 20 & 21 Vict. c. 81, s. 23, and 22 Vict. c. 1, however, make provision for the case of vaults in churches. The churchwardens or Burial Board, as the case may be, are to maintain the churchyard or burial-ground in decent order, and to do the necessary repair of the walls and other fences, but they cannot interfere with the grave-stones or tombs, unless they be in such a state that the ground cannot otherwise be put in decent order. The repairs must be substantial repairs, and not merely repairs undertaken for ornamental purposes; though it seems that they may extend to the taking down of a ruinous wall, and supplying its place with an iron railing. All that is done for the sole purpose of rendering the churchyard reasonably fit and proper for its uses by the rector or vicar, and the inhabitants, will come under the definition of "necessary repair." Where it is an ancient churchyard of a parish that has been closed, the churchwardens will be the proper authority to keep it in decent order, and the walls and fences in repair; but a closed burial-ground of or belonging to the parish will be kept in order, and the walls and fences in repair, by the Burial Board. An eminent counsel has, however, advised that the correct construction of the various sections of this Act is, that the appointment of a Burial Board supersedes the churchwardens, and that the duties imposed on the latter with reference to churchyards or burial-grounds would be transferred to the former. On the other hand, it is understood that the law officers of the Crown, in a case submitted to them, have advised in accordance with the opinion expressed by the author on this point in the former editions of this work. The provision in 18 & 19 Vict. c. 128, s. 18, is not applicable to the case of a churchyard closed by Act of Parliament, neither does it apply to the repair of vaults which are inside of the church, nor, as already stated, to burial-grounds which do not belong to the parish, such as burial-grounds attached to dissenting places of worship, or a proprietary burial-ground. As regards vaults, see the provisions in the 20 & 21 Vict. c. 81, S. 23, and 22 Vict. c. 1, s. 1. The ground after it is closed for the purposes of burial can (1) Reg. v. St. John Westgate and Elswick, 5 L, T. (N. S.) 436; 31 L. J. M. C. 15. c. 128, s. 18. not be applied to any secular purpose without a faculty, and no Closed burialfaculty could be obtained giving authority for its being so grounds. applied. It is not in the power of any Ecclesiastical Court 18 & 19 Vict. whatever to allow any portion of consecrated ground to be devoted to secular uses, or to grant a faculty to confirm such an appropriation. Where a person has been proved to have interfered illegally with the soil of the churchyard or with erections upon it, it has invariably formed part of the judgment of the Court that he should restore to its former state what he has so interfered with. (1) These observations must, however, be taken to apply to purposes which are purely secular; for it has been held that a faculty or license may be granted for the erection of a schoolhouse on a portion of consecrated ground in which no interments have taken place, and in which burials have been prohibited by an Order in Council, issued under the authority of the 15 & 16 Vict. c. 85, s. 2. (2) The cost of the repairs is to be repaid out of the poor rates of the "parish or place;" but it is apprehended that it was not the intention of the legislature to cast the expense upon a single township where the churchyard belongs to the entire ecclesiastical parish, as is the case in many counties the parishes of which are divided into townships for the purposes of relief to the destitute poor under the statute of 14 Car. II. c. 12. See the introduction to Glen's Union Chargeability Act of 1865. It should be stated, however, that a contrary view of the Act has been taken, influenced by the consideration that the township itself is benefited by the protection of the churchyard, and its being prevented from becoming a nuisance to the immediate neighbourhood. As to the species of repair or renovation which would fall within the definition of the word "necessary," it is to be observed that all which is done for the sole purpose of rendering the churchyard reasonably fit and proper for its uses by the rector and by the inhabitants is necessary; and that the footpaths through the churchyard would come within the section if they are in bad condition, as in that case the churchyard would be out of order. fences sur It has, however, been enacted with respect to closed burial- Local Boards grounds, that all Local Boards of Health constituted Burial of Health Boards may from time to time repair and uphold the fences may repair surrounding any burial-ground which shall have been discon- rounding tinued as such within their jurisdiction, or take down such burialfences and substitute others in lieu thereof, and shall from grounds. time to time take the necessary steps for preventing the dese- 24 & 25 Vict. c. 61, s. 21. cration of such burial-grounds, and placing them in a proper sanitary condition; and where such Burial Boards are a Local (1) Harper v. Forbes and Sisson, 5 Jur. (N. s.) 275. Repairs of fences of burialgrounds. Board of Health, they may from time to time pass bye-laws for the preservation and regulation of all burial-grounds within their limits, and the expense of carrying this section into execution may be defrayed out of any rates authorized to be levied by any Local Board constituted a Burial Board. It will be observed that in this latter enactment the word churchyard is not named, and moreover that the words "burialground" are not, as in the 18 & 19 Vict. c. 128, s. 18, limited to burial-grounds of the parish, but apply apparently to all burial-gounds, whether belonging to the parish or to private persons. The expenses which may be incurred by the Board in carrying the provision into execution may be defrayed out of any rates authorized to be levied by any Local Board constituted a Burial Board," that is to say, out of any rates levied under the 21 & 22 Vict. c. 98, s. 49, to defray the expenses incurred by the Local Board in carrying into execution the powers given to them by the 20 & 21 Vict. c. 81, in the same manner as general district rates are levied. 66 361 CHAPTER XXV. BAKEHOUSE REGULATION ACT. THE BAKEHOUSE REGULATION ACT, 1863, limits the hours of labour of young persons employed in bakehouses, and makes regulations with respect to cleanliness and ventilation in bakehouses. By the Factory Acts Extension Act, 1867, 30 & 31 Vict. c. 103, s. 5, and the Workshop Regulation Act, 1867, 30 & 31 Vict. c. 146, s. 5, bakehouses are excluded from the provisions thereof. c. 40, s. 2. The "Local Authority," for the purposes of the Act, shall, Interpretaas respects any place, mean the persons or bodies of persons tion of terms. defined be the local authority in that place, as regards the 26 & 27 Vict. metropolis, by the 18 & 19 Vict. c. 120, s. 134, and as regards other places, by the Nuisances Removal Act, 18 & 19 Vict. C. 121, and 23 & 24 Vict. c. 77. "Bakehouse" shall mean any place in which are baked bread, biscuits, or confectionary, from the baking or selling of which a profit is derived. Employed," as applied to any person, shall include any person working in a bakehouse, whether he receives wages or not. "Occupier" shall include any person in possession. "The Court" shall include any justice or justices, sheriff or sheriff substitute, magistrate or magistrates, to whom jurisdiction is given by this Act. No person under the age of eighteen years shall be employed Limitation in any bakehouse between the hours of nine of the clock at of hours of night and five of the clock in the morning. labour of persons under If any person is so employed in contravention of the Act, eighteen the occupier of the bakehouse in which he is employed shall years of age. incur the following penalties in respect of each person so employed; that is to say: For the first offence, a sum not exceeding £2. For a second offence, a sum not exceeding £5. For a third and every subsequent offence, a sum not exceeding £1 for each day of the continuance of the employment in contravention of this Act, so that no greater penalty be imposed than £10. Ib. s. 3. The inside walls and ceiling or top of every bakehouse situate Regulations in any city, town, or place containing, according to the last as to cleanlicensus, a population of more than five thousand persons, and ness of bake houses. |