Churchyard - Definition - Law Dictionary Home Dictionary Definition churchyard

Definition :

Churchyard is the freehold of the rector or vicar, subject to the right of parishioners to be buried in it.

The Statute of Winchester, 13 Edw. 1, 1285, prohibits fairs or markets in churchyards; a statute of uncertain date (perhaps 35 Edw. 1), the felling of trees indiscreetly by parsons; and the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32), punishes riotous, violent or indecent behaviour by fine up to 5l., or imprisonment up to two months without option of fine. See preceding title; BURIAL; and Whitehead's Church Law.

As to consecration, see (English) Consecration of Churchyards Acts, 1867 and 1868.

A gift for the maintenance of a churchyard is a valid charitable gift [Re Douglas, (1905) 1 Ch 279].