Burial Ground - Law Dictionary Search Results
Home Dictionary Name: burial groundBurial 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...
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...
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...
Public Worship Regulation Act, 1874
Public Worship Regulation Act, 1874 (English) (37 & 38 Vict. c. 85). By this Act'which proceeds on the preamble that it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England'it was provided that whensoever a vacancy should occur in the office of official principal of the Arches Court of Canterbury (see ARCHES COURT), the judge appointed under that Act should become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to mattes arising within the province of Canterbury should be deemed to be taken in the Arches Court of Canterbury. The Court may be set in motion on representation by one archdeacon, or churchwarden, or any three parishioners declaring themselves to be members of the Church of England: (1) that in any church any alteration in or addition to the fabric, ornaments, or furniture thereof...
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...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
Burying ground
The ground or place for burying the dead burial place...
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...
Brawling
Brawling [fr. brailler, Fr., to brawl], the offence of quarrelling, or creating a disturbance in the church or churchyard, punished by 5 & 6 Edw. 4, c. 4 [partly repealed by 9 Geo. 4, c. 31, s. 1, and wholly repealed as to laymen by the (English) Ecclesiastical Courts Jurisdiction Act, 1860 (23 & 24 Vict. c. 32)], by excommunication and suspension, and also, by the unrepealed but disused 1 Mary, st. 2, c. 3, by imprisonment until the party repent.By the Act of 1860, persons guilty of riotous, violent, or indecent behaviour in churches and chapels of the Church of England or Ireland, or in any chapel of any religious denomination, or in England in any place of religious worship duly certified under the (English) Places of Worship Registration Act, 1855 (18 & 19 Vict. c. 81), or in church-yards or burial grounds, on conviction before two justices are made liable to a penalty of not more than 5l., or imprisonment for any term not exceeding two months, See Matthews v. King, (1934) 1 KB 505...
Peto's Act
Peto's Act, the (English) Trustee Appointment Act, 1850 (13 & 14 Vict. c. 28), whereby property conveyed for religious or educational purposes vests in the trustees from time to time without any further conveyance; amended by the Trustees Appointment Act, 1890, by its extension to societies of associated congregations, such as those of the Wesleyan Methodists, to which body the Act of 1850 had been held in Re Hoghton Chapel, (1854) 2 WR 631, not to apply. Extended to burial grounds by 32 & 33 Vict. c. 26....
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