rdens in
rural parishes with respect to maintaining and repairing closed
Churchyards, wherever the expenses of such maintenance and repair are
repayable out of the Poor Rate under the Burial Act, 1855, {30a} are
transferred to the Parish Council. Provided that such obligations shall
not in the case of any particular parish be deemed to attach, unless or
until the Churchwardens subsequent to the passing of this Act shall give
a certificate as in the Burial Act, 1855, provided, in order to obtain
the repayment of such expenses out of the Poor Rate (sec. 6, II, _b_).
It has been decided that {30b} if a Churchyard is closed by order in
Council it must be kept in order by the Churchwardens, and if it be a
Cemetery formed by a Burial Board, then by the Burial Board. In the
former case the expenses would, under the Local Government Act, be repaid
to the Churchwardens in rural parishes by the Parish Council, on
presentation of the proper certificate as mentioned in the previous
paragraph.
If the Churchyard requires enlargement, and an adjoining piece of ground
can be obtained, it is well to remember that a special Act has been
passed (30 and 31 Vict., c. 133) for diminishing the expense connected
with the consecration of ground so added to an old Churchyard. The form
of conveyance is given in the Act; the powers given in the School Sites'
Act "to persons being seised in fee simple, fee tail, or for life of and
in any manor or lands of freehold, copyhold or customary tenure, and
having the beneficial interest therein, to grant, convey, or enfranchise
by way of gift, sale or exchange in fee simple, or for term of years, any
quantity not exceeding one acre of such land as a site for a school" are
"deemed to apply to all persons desirous of granting land for the purpose
of such enlargement" (of an existing Churchyard) "in the same way as if
the said land had been granted as a site for a school."
In cases in which it is wished to provide a burial ground under a burial
board, the first step to be taken is for a vestry to be summoned _seven_
days before the holding of such meeting, to take the subject into
consideration, and if it is agreed to proceed in the matter, a
requisition to that effect must be sent to the Home Secretary, and the
officials of the Home Office will send down full directions as to the
mode of procedure. {32}
The following general information on this subject may be found of use:--
The enlargement of a
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