KINGSTON AND ST. ANDREW (CEMETERIES) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

 

PART I
Cemeteries in Kingston and St. Andrew

   3   Interpretation

   4   May Pen, vested in the Corporation to be held as a cemetery

   5   Duties and power of the Corporation generally

   6   Assignment of portions of the cemetery to churches or congregations

   7   Power to allot residue

   8   Boundary marks to portions assigned

   9   Power to churches to build chapels on portions assigned to them

   10   Who may perform burial services on the portions assigned

   11   Formation of a fund to pay parties officiating under previous section

   12   Burial ground for Kingston

   13   Power to appoint a keeper and other officers and servants

   14   Power to sell rights of burial and rights to build vaults, monuments, tablets, etc

   15   Power to fix and receive and revise fees for burial and special rights

   16   How fees and other moneys to be accounted for

   17   Plan of the cemetery, what it shall show

      Book to be kept showing portions assigned, and special rights.

   18   Restrictions as to burials, etc, on assigned portions, or where exclusive right of burial acquired

   19   Management of cemetery

   20   Power to Minister to make regulations and to give special orders

   21   Restrictions on removal of bodies interred

   22   Registry of burials

   23   Destroying or injuring register, or falsifying same, and analogous offences, how punishable

   24   Expenses of carrying out the Act

   25   Power to advance moneys from Treasury

      Accounts as to same how to be kept.

   26   How accounts of cemetery to be kept and audited

   27   Power to the Corporation to frame rules for certain purposes

   28   How penalties, etc to be paid and applied

 

Other Burial Grounds in Kingston and St. Andrew

   29   Power to order discontinuance of burials in any burial places in Kingston and St. Andrew

   30   Penalty on burials contrary to such orders

   31   The Corporation to keep in order burying places so closed

 

PART II
Vesting of Abandoned Cemeteries

   32   Interpretation

   33   Part to apply to cemeteries disused for 20 years

   34   Minister to make provisional order

   35   Plan, etc, of cemetery to be prepared and recorded

   36   Scheme for use of cemetery to be submitted to Minister

   37   Scheme to be considered

   38   Approval or modification of scheme

   39   Final order

   40   Power to rescind final order

   41   Effect of final order

   42   Evidence of final order

 

THE KINGSTON AND ST. ANDREW (CEMETERIES) ACT

[Date of Commencement: 16th September, 1874]

Cap 196,
Cap 190.

Acts
42 of 1969,
26 of 1993,
39 of 1995.

1   Short title

   This Act may be cited as the Kingston and Saint Andrew (Cemeteries) Act.

2   Interpretation

   In this Act-

   "Corporation" means the Kingston and St. Andrew Corporation, created by the Kingston and St. Andrew Corporation Act;

   "Corporate Area" means the Corporate Area as defined by the Kingston and St. Andrew Corporation Act.

PART I
Cemeteries in Kingston and St Andrew

3   Interpretation

   In this Part-

   "cemetery" means the cemetery or burial ground, and the works connected therewith by this Part authorised to be constructed.

4   May Pen, vested in the Corporation to be held as a cemetery

   The lands and hereditaments called May Pen, formerly situated in the parish of Saint Andrew and containing one hundred and eighteen acres two roods and thirty-three perches, and of the shape delineated and abutting as shown in the diagram thereof, annexed to a certain deed of conveyance in trust, recorded in the Record Office, libro 903 folio 132, are hereby vested in the Corporation, to be held and used as a cemetery for the parish of Kingston, and all existing estates, interests, rights, uses, and trusts in any way affecting the same are hereby determined.

5   Duties and power of the Corporation generally

   (1) The Corporation shall enclose the cemetery by a wall or railing or other fence of such material and dimensions as shall be approved by the Minister and they shall make all necessary and proper sewers and drains in and about the cemetery for draining and keeping the same dry, and may from time to time, as occasion requires, alter any such sewer or drain, or open out any existing sewer.

   (2) The Corporation may-

   (a)   provide fit and proper places in which bodies may be received and taken care of previously to interment, and make arrangements for the reception and care of the bodies to be deposited therein;

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   (b)   subject to the approval of the Minister, lay out and embellish the ground of the cemetery in such manner as they think fit;

   (c)   build on any portion of the cemetery, not specially set apart as herein provided, a dwelling-house and offices for the keeper thereof. And they shall keep the cemetery and buildings and fences thereof in proper repair and in good order and condition out of the money to be received by them under this Act.

6   Assignment of portions of the cemetery to churches or congregations

   Subject to the approval of the Minister, the Corporation on the application of any church or congregation, made by a minister duly authorised to officiate in such church or congregation, or recognised as such by the religious community or society to which he belongs, or by any body of trustees or other persons who may be authorised to represent such church or congregation, shall set apart a portion of the cemetery to be used as a burial ground for purposes of interment according to the rites of such church or congregation; and any portion so set apart may be consecrated or dedicated according to the rights of the church or congregation to which it shall be assigned, and shall be used only for burials according to the rites of such church or congregation:

   Provided that the portion of the ground which shall be shown to the satisfaction of the Corporation to have been consecrated by the Bishop of Jamaica in the year 1854, shall be deemed to have been already set apart for burials according to the rites of the Church in Jamaica in the Province of the West Indies.

7   Power to allot residue

   The Corporation may from time to time allot such portion or portions of the cemetery as shall not be set apart as aforesaid in such manner and in such portions and for such purposes of interments as may be sanctioned by the Minister.

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