Burial - Law Dictionary Search Results
Home Dictionary Name: burialBurial ground
Burial ground, includes a vault or other place where a body is buried, Halsbury's Laws of England, Vol. 10, 4th Edn., Para 1187, p. 548.Burial ground, includes any churchyard, cemetery or other ground, whether consecrated or not, which has been at any time set aside for the purpose of interment, Halsbury's Laws of England, Vol. 10, 4th Edn., Para 1099, p. 817.Burial ground, includes any churchyard, cemetery or other ground, whether consecrated or not, which has been at any time set apart for the purpose of intermet, Halsbury's Laws of England, Vol. 10, 4th Edn., Para 1226, p. 864.The Common Law place of burial is the parish churchyard; but the growth of population and sanitary reasons having made additional burial grounds necessary, these began to be provided by companies specially authorized thereto by local (English) Acts of Parliaments, and in 1847 the Cemeteries Clauses Act (10 & 11 Vict. c. 65), consolidated the provisions usually contained in the local Acts, which thenceforward u...
Burial
Burial. Burial in some part of the parish churchyard without payment is a Common Law right, but not burial in any particular part of it. In order to acquire a perfect right to be buried in a particular vault or place, a faculty must be obtained from the ordinary, as in the case of a pew; or a man may prescribe that he is occupier of an ancient messuage in a parish, and ought to have separate burial in such a vault within the church, and such prescription implies that a faculty was originally obtained. The faculty, however, fails when the family cease to be parishioners. In Bryan v. Whistler, (1828) 8 B. & C. 288, it was held that an exclusive right of burial in a vault is an easement, and therefore cannot be granted by parol or by mere writing without a deed.Burial must not take place except after the Registrar of Births, Deaths or Marriages has issued his certificate of death or by order of a Coroner, see 16 & 17 Geo. 5, c. 48. See CORONER.A clergyman may be prosecuted in the Ecclesia...
Burial authority
Burial authority, includes the council of district, Londonborough, Parish community, the Common Council of City of London, and the Parish meeting of a Parish having no Parish council, whether separate or common, Halsbury's Laws of England, Vol. 10, 4th Edn., Para 1010, p. 483...
Cremation
Cremation, the disposal of a dead body by burning instead of by burial. This is not illegal, unless it be done so as to cause a nuisance, or with the intention of preventing a coroner's inquest, Rg. V. Price, (1884) 12 QBD 247. But it is the duty of executors to bury the body of their testator, although the will may direct some other person to cause it to be burnt, Williams v. Williams, (1882) 20 Ch D 659. If burial in consecrated ground and cremation are both desired, cremation should precede and not follow burial, and the Burial Service maybe read in connection with the burial of the ashes; see Re Dixon, 1892 p. 394, where an applicationto exhume, after 18 years' burial, for the purpose of cremation, was refused. The (English) Cremation Act, 1902 (3 Edw. 7, c. 8), empowers burial authorities (see BURIAL) to establish crematoria on plans approved by the Minister of Health and certified to be in accordance therewith by the Secretary of State, but no crematorium may be nearer than 200 y...
Graveyard
Graveyard, Under the Mahomedan Law the graveyards may be of two kinds - a family or private graveyard and a public graveyard. A graveyard is a private one which is confined only to burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to be bury to his dead. On the other hand if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complete and the graveyard has become a public graveyard where the Mahomedan public will have the right to bury their dead. It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard, Syed Mohd. Salie Labbai v. Mohd. Hanifa, AIR 1976 SC 1569 (1584): (1976) 4 SCC 780: (1976) 3 SCR 721.Once a Ka...
Births, Marriages, and Deaths
Births, Marriages, and Deaths. By the (English) Births and Deaths Registration Act, 1836 (6 & 7 Wm. 4, c. 86), amended by the (English) Births and Deaths Registration Act, 1837 (7 Wm. 4 & 1 Vict. c. 22), a General Register Office is provided for keeping a register of births, deaths, and marriages in England. The Births and Deaths Registration Act, 1874 [37 & 38 (English) Vict. c. 88], amends the laws relating to the Registration of Births and Deaths in England in important particulars, and consolidates the law relating to the registration of births and deaths at sea. This Act (s. 1) imposes upon the father and mother of a child, and in their default, upon the occupier of a house in which to his knowledge a child is born, the duty of giving information to the registrar within 42 days. By s. 10 a corresponding obligation to register a death is imposed upon relatives, etc.By s. 203 of the (English) Public Health Act, 1936, births of any child alive or dead after the twenty-eighth week of ...
Cemetery
Cemetery [fr. Koimhthriou, Gk., fr. Koim'w, to set to sleep], a place of burial differing from a churchyard by its locality and incidents; by its locality, as it is separate and apart from any parochial church, though it has ordinarily a chapel of its own for the performance of a burial service; by its incidents, as it is usually the property of some private company, incorporated by special Act of Parliament, empowered to take land compulsorily, and subject to the Cemeteries Clauses Act, 1847 (10 & 11 Vict. c. 65) (see Chitty's Statutes, tit. 'Burial'), by which, amongst other things, provision is made for obtaining a burial place in perpetuity....
Felo de se
Felo de se (a felon with respect to himself); one who feloniously commits suicide. The barbarous mode of burying such persons, in a place where four roads met, with a stake driven through their bodies, was abolished by 4 Geo. 4, c. 52, which directed burial in the churchyard or other burial ground (without divine service) between the hours of nine and twelve at night. The (English) Interments (Felo de se) Act, 1882 (45 & 46 Vict. c. 19), repealed and re-enacted the above Act, omitting the provisions as to the hours of burial, and allowing, by permission of the ordinary, a religious service, the Prayer Book expressly forbidding the use of the Burial Service therein contained in the case of those who die 'laying violent hands on themselves,' Escheat or forfeiture for felony is abolished by the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23). A coroner's inquest (see CORONER) must beheld in every case of suicide, and in the absence of evidence of unsoundness of mind a verdict of felo...
funeral home
An establishment usually commercial where the bodies of dead persons are prepared for viewing before burial or cremation called also funeral parlor mortuary funeral chapel and informally undertakers The body may or may not be preserved by embalming before viewing or burial and in some cases the body is not exposed for viewing though present in a casket Often some form of memorial service is held for the deceased at the funeral home where friends and relatives may come to pay their respects to the dead and express condolence to the family The work of preparation of the body and many other arrangements related to the funeral and burial are carried out by an undertaker or mortician who manages the funeral home...
Public Works Loans Act, 1875 (English)
Public Works Loans Act, 1875 (English), which repeals twenty-seven previous statutes on the same subject, makes provision for the constitution of a body to be called 'The Public Works Loan Commissioners,' who are authorized to make loans for certain public purposes which are enumerated in the first schedule to the Act. They are appointed every five years: see the Public Works Loans Act, 1930 (20 & 21 Geo. 5, c. 49). The Act of 1875 has been extended and amended by numerous Acts.Among the works for the purposes of which the Commissioners were authorized to lend money are as follows: Baths and wash-houses provided by local authorities; burial grounds provided by burial boards or, in Scotland, by either burial or parochial boards; construction or improvement of canals; conservation or improvement of rivers of main drainage; docks, harbours, and piers, and any work for which the Public Works Loan Commissioners are authorized to lend by s. 3 of the Harbour and Passing Tolls Act, 1861; impro...
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