BURIAL WITHIN TOWNS' LIMITS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Sections 114 and 115 of Parish Councils Act incorporated

   3   Burials in towns other than in recognised burial places prohibited

   4   Penalty for offences against previous section

   5   Depth of graves

   6   Powers of inspection by Local Board of Health

   7   Obstructing Medical Officer (Health), etc

   8   No new burial places to be opened without licence

   9   Penalties for offences against previous section

   10   Discontinuance of burials in specified towns or burial grounds

   11   Modification of orders for discontinuance

   12   Notices before orders for discontinuance, etc

   13   Publication of orders, etc

   14   Burials in contravention of order and without special permission, misdemeanour

      Punishment.

   15   Penalties, how enforceable

   16   Remedies for nuisances not affected

 

THE BURIAL WITHIN TOWNS' LIMITS ACT

[Date of Commencement: 12th March, 1875]

Cap 49.

1   Short title

   This Act may be cited as the Burial within Towns' Limits Act.

2   Sections 114 and 115 of Parish Councils Act incorporated

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   Sections 114 and 115 of the Parish Councils Act, which deal with the power of Parish Councils to define the limits of towns or villages within their parishes, are incorporated with and form part of this Act.

3   Burials in towns other than in recognised burial places prohibited

   It shall not be lawful to bury a dead body within the limits of any town or village, which may have been defined for the purposes of this Act, in any ground or place not being a parish burial ground, or a vault in a church, chapel, or place of worship wherein burials may lawfully be made, or a burial ground belonging to any such church chapel or place of worship, or ground habitually used as a place of burial by the members of any sect or congregation, without licence from the Local Board of Health, or without such precautions as such Local Board of Health may prescribe as the condition of the licence.

4   Penalty for offences against previous section

   Every person who, in contravention of the provisions of this Act, shall knowingly and wilfully bury any body, or in anywise act or assist in the burial of any body in any ground or place in which burials are by this Act prohibited, or who shall neglect to observe the precautions prescribed as the condition of the licence for the burial of any body, shall, on conviction before a court of summary jurisdiction, forfeit and pay for every such offence a sum not exceeding twenty dollars.

5   Depth of graves

   No coffin containing a corpse shall, within the limits of any town or village which may have been defined for the purposes of this Act, be buried in any grave, not being a vault or catacomb, without at least forty-two inches of soil between the ordinary surface of such burial ground and the upper side of the coffin; and if the person having the preparation or the immediate charge of the preparation of the grave to receive such coffin, permit the coffin to be buried in such grave, or if the person having the control of the burial ground knowingly permit any coffin to be buried in any grave in which there is not left, after the burial thereof forty-two inches at the least of soil, measuring from the ordinary surface of such burial ground to the upper side of the coffin, the person having the immediate charge of the preparation of the grave, and the person having the control of the burial ground in which such burial is made, shall, for every such offence, be liable to a penalty not exceeding twenty dollars.

6   Powers of inspection by Local Board of Health

   The Local Board of Health may, for the purposes of this Act, empower any Medical Officer (Health) or Inspector of Nuisances to enter at all reasonable hours in the daytime upon any buildings or lands within their respective districts for the purposes of inspection; and no such Local Board, nor any such officer or inspector so empowered, shall be liable to any legal proceedings on account of any such entry:

   Provided that no such entry upon any private property shall be made unless with the consent of the occupier until after the expiration of twelve hours' notice for that purpose given to the occupier.

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