(b) In the case of any churchyard, cemetery, or burial-ground, which is not consecrated, the body from which any such estate, interest, or control as aforesaid is acquired may expressly sanction any such use of the ground, and may specify such conditions as to the extent or manner of such use.
If an Incumbent or owner wishes to lay out a Disused Churchyard or Burial-ground, and to maintain it himself directly or by his agents, e.g., the Association, no application to the Local Authority, or London County Council, is required, and if it is a consecrated ground but no tombstones are moved, no Faculty or consent of any other person is required. Any arrangement of this nature an Incumbent may make is not, however, binding on his successor. In unconsecrated grounds no Faculties are needed.
APPENDIX E.
The Disused Burial-grounds Act, and Amending Clauses in
subsequent Open Spaces Acts.
|A.D. 1884.| 47 & 48 Vict. [Ch. 72.]
Disused Burial grounds Act, 1884.
An Act for preventing the erection of Buildings on Disused Burial grounds. [14th August, 1884.]
Whereas an Act was passed in the session of Parliament holden in the fifteenth and sixteenth years of Her Majesty, chapter eighty-five, to amend the laws concerning the burial of the dead in the metropolis, and an Act was passed in the session holden in the sixteenth and seventeenth years of Her Majesty, chapter one hundred and thirty-four, “to amend the laws concerning the burial of the dead in England, beyond the limits of the metropolis, and to amend the Act concerning the burial of the dead in the metropolis”: And whereas, in pursuance of the provisions of the above recited Acts, numerous Orders in Council have been made for the discontinuance of burials in certain burial-grounds within the metropolis and elsewhere: And whereas it is expedient that no buildings should be erected on any burial-ground affected by any of such Orders in Council: