Burial Act 1857

IXBurial Boards not to be appointed for united Parishes, &c. in Cases provided for by 18 & 19 Vict. c.128 without Consent of Secretary of State, where One of the Places separately maintains its own Poor or has a Burial Ground.

And whereas by the said Act of the Eighteenth and Nineteenth Years of Her Majesty, Chapter One hundred and twenty-eight, it is enacted, that where a Parish or Place has been united with any other Parish or Place, Parishes or Places, for all or any Ecclesiastical Purposes, or where Two or more Parishes or Places have heretofore had a Church or a Burial Ground for their joint Use, or where the Inhabitants of several Parishes or Places have been accustomed to meet in One Vestry for Purposes common to such several Parishes or Places, it shall be lawful for the Vestry, or any Meeting in the Nature of a Vestry, of such several Parishes or Places, in any of the Cases aforesaid, and whether any One or more of such Parishes or Places do or do not separately maintain its own Poor, to appoint a Burial Board, and from Time to Time to supply Vacancies therein, and to exercise the same Powers of Authorization, Approval, and Sanction in relation to such Burial Board, and such other Powers as, under the Acts therein recited and that Act, are vested in the Vestry of a Parish or Place separately maintaining its own Poor:

Where any of the several Parishes or Places under the Circumstances provided for in the said Enactment separately maintains its own Poor, or has a separate Burial Ground, it shall not be lawful for the Vestry, or Meeting in the Nature of a Vestry, of such several Parishes or Places, to appoint a Burial Board under the said Enactment without the Approval of One of Her Majesty's Principal Secretaries of State; and in case it appear to the Secretary of State that any such Parish or Place has a sufficient Burial Ground, or that otherwise it would not be expedient that the Powers given by the said Enactment should be exercised in relation to such Parish or Place, the Secretary of State may direct that such Parish or Place shall be excepted from the Operation of the said Enactment, and thereupon the same shall be excepted accordingly ; and the Inhabitants of the remaining Parish or Parishes, Place or Places, may assemble in Vestry, or in a Meeting in the Nature of a Vestry, from Time to Time, and in such Vestry or Meeting may proceed in like Manner under the said Acts and this Act in all respects as if the Inhabitants of such last-mentioned Parish or Parishes, Place or Places, exclusively had a Vestry for their common Purposes, and were wholly unconnected with the Parish or Place so excepted.