[Preamble.]
Incorporation with special Act.                                                                                [1.] This Act shall extend only to such cemeteries as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or expected in any such Act, shall apply to the cemetery authorized thereby, so far as they are applicable to such cemetery, and shall, with the clauses of every other Act incorporated therewith, form part of such Act, and be construed therewith as forming one Act.

Interpretation.
And with respect to the construction of this Act, and any Act incorporated therewith, be it enacted as follows:
“The special Act”:                                                                                2. The expression “the special Act” used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the making of a cemetery, and with which this Act shall be incorporated; and the word “prescribed” used in this Act in reference to any matter herein stated shall be construed to refer to such matter as the same shall be prescribed or provided for in the special Act, and the sentence in which such word occurs shall be construed as if instead of the word “prescribed” the expression “prescribed for that purpose in the special Act” had been used; and the expression “the lands” shall mean the lands which shall by the special Act be authorized to be taken or used for the purposes thereof; and the expression “the company” shall mean the person by the special Act authorized to construct the cemetery.

Interpretations in this and the special Act.                                                                                3. The following words and expressions in both this and the special Act, and any Act incorporated therewith, shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,)

Citing the Act.
Words importing the singular number shall include the plural number, and words importing the plural number only shall include also the singular number:
Words importing the masculine gender shall include females:
The word “person” shall include a corporation, whether aggregate or sole:
The word “lands” shall include messuages, lands, and hereditaments, of any tenure:
The expression “the cemetery” shall mean the cemetery or burial ground, and the works connected therewith, by the special Act authorized to be constructed:
The word “month” shall mean calendar month:
The expression “superior courts” shall mean her Majesty’s superior courts at Westminster or Dublin, as the case may require . . .

The word “oath” shall include affirmation in the case of Quakers, and any declaration lawfully substituted for an oath in the case of any other persons allowed by law to make a declaration instead of taking an oath:
The expression “Established Church” shall mean the United Church of England and Ireland as by law established:
The word “county” shall include any riding or other division of a county having a separate commission of the peace, and shall also include the county of a city or county of a town:
The word “justice” shall mean justice of the peace acting for the place where the matter requiring the cognizance of any such justice arises, and if such matter arise in respect of lands situated not wholly in one jurisdiction shall mean a justice acting for the place where any part of such lands shall be situated; and where any matter is authorized or required to be done by “two justices,” the expression “two justices” shall be understood to mean two or more justices met and acting together;
The expression “quarter sessions” shall mean the quarter sessions as defined by the special Act; or if such expression be not therein defined it shall mean the general or quarter sessions of the peace which shall be held at the place nearest the cemetery for the county or place in which the cemetery or some part thereof is situated, or for some division of such county having a separate commission of the peace.

And with respect to citing this Act or any part thereof, be it enacted as follows:
Short title.                                                                                4. In citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression, “The Cemeteries Clauses Act, 1847.”

Form in which portions of this Act may be incorporated in other Acts                                                              5. For the purpose of incorporating part only of this Act with any Act hereafter to be passed, it shall be enough to describe the clauses of this Act with respect to any matter in the words introductory to the enactment with respect to such matter, and to enact that the clauses so described, or that this Act, with the exception of the clauses so described, shall be incorporated with such Act; and thereupon all the clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form part of such Act, and such Act shall be construed as if such clauses were set forth therein with reference to the matter to which such Act relates.

Making of cemetery.
And with respect to the making of the cemetery, be it enacted as follows:
Taking of lands for purposes of special Act to be subject to this Act and the Lands Clauses Act.                                  6. Where by the special Act the company shall be empowered for the purpose of making the cemetery, to take or use any lands otherwise than with the consent of the owners and occupiers thereof, they shall, in exercising the power so given to them, be subject to the provisions and restrictions contained in this Act and the Lands Clauses Consolidation Act, 1845, an d shall make to the owners and occupiers of and all other parties interested in any lands taken or used for the purposes of the special Act, or injuriously affected by the construction of the works thereby authorized, full compensation for the value of the lands so taken or used, and for all damage sustained by such owners, occupiers, or other parties, by reason of the exercise, as regards such lands, of the powers vested in the company by this or the special Act, or any Act incorporated therewith; and, except where otherwise provided by this or the special Act, the amount of such compensation shall be determined in the manner provided by the Lands Clauses Consolidation Act, 1845, for determining questions of compensation with regard to lands purchased or taken under the provisions thereof, and all the provisions of the last mentioned Act shall be applicable to determine the amount of such compensation, and to enforce payment or other satisfaction thereof.

8 & 9 Vict. c. 18.
Correction of errors and omissions in special Act.                                                                                7. If any omission, mis-statement, or wrong description shall have been made of any lands, or of the owners, lessees, or occupiers of any lands, described in the special Act or the schedule thereto the company, after giving ten days’ notice to the owners of the lands affected by such proposed correction, may apply to two justices for the correction thereof; and if it appear to such justices that such omission, mis-statement, or wrong description arose from mistake, they shall certify the same accordingly, and shall in such certificate state the particulars of any such omission, mis-statement, or wrong description; and such certificate shall be deposited with the clerk of the peace of the county in which the lands affected thereby shall be situated, and thereupon the special Act or schedule shall be deemed to be corrected according to such certificate, and the company may take the lands according to such certificate, as if such omission, mis-statement, or wrong description had not been made.

Certified copies of alterations, &c. to be evidence.                                                                              8. Copies of any alteration or correction of the special Act, or the schedule thereto, or of any extract therefrom, certified by any such clerk of the peace in whose custody such alteration or correction may be, which certificate such clerk of the peace shall give to all parties interested, when required, shall be received in all courts of justice or elsewhere as evidence of the contents thereof.

Land used for burials not to be used for other than authorized purposes.                                                          9. The company shall not sell or dispose of any land which shall have been consecrated or used for the burial of the dead, or make use of such land for any purpose except such as shall be authorized by this or the special Act, or any Act incorporated therewith.

Cemetery not to be within a certain distance houses.                                                                              10. No part of the cemetery shall be constructed nearer to any dwelling house than the prescribed distance, or if no distance be prescribed, two hundred yards, except with the consent in writing of the owner, lessee, and occupier of such house.

Company may build chapels, and lay out their grounds.                                                                             11. The Company, upon any land which by the special Act they are authorized to use for the purposes of the cemetery, may build such chapels for the performance of the burial service as they think fit, and may lay out and embellish the grounds of the cemetery as they think fit.

Company may make or widen roads to cemetery.                                                                                12. The company, upon any land purchased by them under this or the special Act, or any Act incorporated therewith, may make any new roads to the cemetery, or widen or improve any existing roads thereto which they think fit.

No road to be widened without consent.                                                                                13. Provided always, that the company shall not widen or improve any existing road without the consent of the owner thereof, if the road be private, or, if the road be public, without the consent of the persons in whom the management of the road is vested by law.

Improvement of roads.                                                                                14. The company and the owners or persons having the management of any such road as aforesaid may enter into such agreement as they think fit, for enabling the company to widen or improve any such road, and for maintaining the same.

Cemetery to be inclosed and fenced.                                                                                15. Every part of the cemetery shall be inclosed by walls or other sufficient fences of the prescribed materials and dimensions, and if no materials or dimensions be prescribed, by substantial walls or iron railings of the height of eight feet at least.

Cemetery to be kept in repair.                                                                                16. The company shall keep the cemetery and the buildings and fences thereof in complete repair, and in good order and condition, out of the monies to be received by them by virtue of this and the special Act.

Compensation for damage.                                                                                17. Provided always, that in the exercise of the powers by this and the special Act granted to the company they shall do as little damage as can be, and shall make full compensation to all parties interested for all damage sustained by them through the exercise of such powers.

Prevention of nuisances.
And with respect to preventing nuisance from the cemetery, be it enacted as follows:—
Power to make sewers, drains, &c. in and about the cemetery.                                                                      18. The company shall make all necessary and proper sewers and drains in and about the cemetery, for draining and keeping the same dry, and they may from time to time, as occasion requires, cause any such sewer or drain to open into any existing sewer, with the consent in writing of the persons having the management of such sewer, and with the consent in writing of the persons having the management of the street or road, and of the owners and occupiers of the lands through which such opening is made, doing as little damage as possible to the road or ground wherein such sewer or drain may be made, and restoring it to the same or as good condition as it was in before being disturbed.

Provisions of 10 & 11 Vict. c. 17. incorporated with this Act.                                                                    19. When any street or road or sewer shall be opened with such consent as aforesaid, the clauses of the Waterworks Clauses Act, 1847, with respect to breaking up streets for the purpose of laying pipes, so far as the same are consistent with this Act and applicable thereto, shall be incorporated with this Act, and shall apply to the company, and to any ground broken by them for making any such sewer or drain as aforesaid to open into any existing sewer.

Penalty on company for allowing water to be fouled.                                                                               20. If the company at any time cause or suffer to be brought or to flow into ay stream, canal, reservoir, aqueduct, pond, or watering place, any offensive matter from the cemetery, whereby the water therein shall be fouled, they shall forfeit for every such offence the sum of fifty pounds.

By whom, how and within what time, such penalty may be recovered.                                                                 21. The said penalty, with full costs of suit, may be recovered by any person having right to use the water fouled by such offensive matter, in any of the superior courts, by action of debt or on the case: Provided always, that the said penalty shall not be recoverable unless the same be sued for during the continuance of the offence, or within six months after it has ceased .

Damages, or a daily penalty during the continuance of the offence after notice, may be recovered.                                 22. In addition to the said penalty of fifty pounds, (and whether such penalty is recovered or not,) any person having right to use the water fouled by such offensive matter may sue the company, in an action on the case, in any court of competent jurisdiction, for any damage specially sustained by him by reason of the water being so fouled; or if no special damage be alleged, for the sum of ten pounds for each day during which such offensive matter is brought or flows as aforesaid after the expiration of twenty-four hours from the time when notice of the offence is served on the company by such person.

Burials.
And with respect to burials in the cemetery, be it enacted as follows:
Part of cemetery may be set apart for burial according to rites of Established Church.                                            23. The bishop of the diocese in which the cemetery is situated may, on the application of the company, consecrate any portion of the cemetery set apart for the burial of the dead according to the rites of the Established Church, if he be satisfied with the title of the company to such portion, and thinks fit to consecrate such portion; and the part which is so consecrated shall be used only for burials according to the rites of the Established Church.

Consecrated and unconsecrated ground to be defined.                                                                               24. The company shall define by suitable marks the consecrated and unconsecrated portions of the cemetery.

Chapel for Established Church service.                                                                                25. The company shall build, within the consecrated part of the cemetery, and according to a plan approved of by the bishop of the diocese, a chapel for the performance of the burial service according to the rites of the Established Church.

Removal of bodies from consecrated ground.                                                                                26. No body buried in the consecrated part of the cemetery shall be removed from its place of burial without the like authority as is by law required for the removal of any body buried in the churchyard belonging to a parish church.

Appointment and licensing of chaplain.                                                                                27. The company shall from time to time, with the approval of the bishop of the diocese in which the cemetery is situated, appoint a clerk in holy orders of the Established Church to officiate as chaplain in the consecrated part of the Cemetery; and such chaplain shall be licensed by and be subject to the jurisdiction of the said bishop, and the said bishop shall have power to revoke any such licence, and to remove such chaplain, for any cause which appears to him reasonable.

Burial service over bodies entitled to burial in consecrated ground.                                                              28. The Chaplain shall, when required, unless prevented by sickness or other reasonable cause, perform the burial service over all bodies brought to be buried in the consecrated part of the cemetery which are entitled to be buried in consecrated ground according to the rights and usage of the Established Churches.

Other clergymen of Established Church may be allowed to officiate.                                                                29. Any clerk in holy orders of the Established Church, not being prohibited by the bishop, nor under ecclesiastical censure, at the request of the executor of the will of any deceased person, or any other person having the charge the burial of the body of any deceased person, and with the consent of the chaplain for the time being of the cemetery, or if there be no chaplain with the consent of the bishop, may perform the said burial service over such body in the consecrated part of the cemetery.

Company to pay the chaplain a stipend approved by the bishop.                                                                     30. The company, out of the monies to be received by virtue of this and the special Act, shall allow to the chaplain of the cemetery of the time being such a stipend as is approved of by the bishop of the diocese in which the cemetery is situated, which shall be payable by equal moieties, on the twenty-fifth day of March the twenty-ninth day of September in each year; and if any chaplain die, resign, or be removed or appointed, in the interval between the half-yearly days of payment, the company shall pay to him, or his executors or administrators, a part only of the half-yearly payment of the stipend, proportioned to the time during which he shall have been the chaplain since the last preceding day of payment.

Stipend may be recovered by action at law.                                                                                31. If the stipend of the said chaplain, or any part thereof, be not paid to the chaplain entitled to receive the same, or to the executors or administrators of a deceased chaplain, for the space of thirty days next after any of the days of payment whereon the same ought to be paid, such chaplain, or his executors or administrators, may recover the same, with full costs of suit, against the company, by action of debt or upon the case in any court of competent jurisdiction.

Register of Burials in the consecrated portion.                                                                                32. All burials in the consecrated part of the cemetery shall be registered in register books to be provided by the company, and kept for that purpose by the chaplain, according to the laws in force by which registers are required to be kept by the rectors, vicars, or curates of parishes or ecclesiastical districts in England; and such register books, or copies or extracts therefrom, shall and received in all courts in evidence of such burials; and copies or transcripts thereof shall be from time to time sent to the registrar of the ecclesiastical court of the bishop of the diocese in which the cemetery is situated, to be kept with the copies of the other register books of the parishes within his diocese.

Registers to be subject to the regulations of 6 & 7 Will. 4. c. 86. as to searches, &c.                                           33. The said register books, so far as respects searches to be made therein, and copies and extracts to be taken therefrom, shall be subject to the same regulations as are provided by the Births and Deaths Registration Act, 1836, so far as such regulations relate to register books of burials kept by any rector, vicar, or curate.

Appointment of clerk for consecrated part of the cemetery.                                                                        34. The company may, with the consent of the chaplain for the time being, from time to time appoint a clerk to assist in performing the service for burials in the consecrated part of the cemetery, and allow to such clerk such stipend as they think proper out of the monies to be received by virtue of this and the special Act, and they may remove such clerk at their pleasure.

Burial of persons not members of Established Church.                                                                              35. The company may set apart the whole or a portion of that part of the cemetery which is not set apart for burials according to the rites of the Established Church as a place of burial for the bodies of person not being members of the Established Church, and may allow such bodies to be buried therein, under such regulations as the company appoint.

Any burial service may be performed in chapels on unconsecrated part.                                                             36. The company may allow, in any chapel built within the unconsecrated part of the cemetery, a burial service to be performed according to the rites of any church or congregation other than the Established Church, by any minister of such other church or congregation duly authorized by law to officiate in such church or congregation, or recognized as such by the religious community or society to which he belongs.

Power to appoint gravediggers, &c.                                                                                37. The company may appoint gravediggers and other servants necessary for the care and use of the cemetery, and may pay them such wages and allowances as they think fit out of the monies to be received by virtue of this and the special Act, and may remove them or any of them at their pleasure.

Regulations.                                                                                38. The company shall make regulations for ensuring that all burials within the cemetery are conducted in a decent and solemn manner.

No burials under or close to chapels.                                                                                39. No body shall be buried in any vault under any chapel of the cemetery, or within fifteen feet of the outer wall of any such chapel.

Exclusive rights of burial.
And with respect to exclusive rights of burial, and monumental inscriptions, in the cemetery, be it enacted as follows:
Parts of the cemetery set apart for grant of exclusive rights of burial.                                                          40. The company may set apart such parts of the cemetery as they think fit for the purpose of granting exclusive rights of burial therein, and they may sell, either in perpetuity or for a limited time, and subject to such conditions as they think fit, the exclusive right of burial in any parts of the cemetery so set apart, or the right of one or more burials therein, and they may sell the right of placing any monument or gravestone in the cemetery, or any tablet or monumental inscription on the walls of any chapel or other building within the cemetery.

Plan of parts set apart for grant of exclusive rights, and book of reference thereto, to be kept.                                 41. The company shall cause a plan of the cemetery to be made upon a scale sufficiently large to show the situation of every burial place in all the parts of the cemetery so set apart, and in which an exclusive right of burial has been granted; and all such burial places shall be numbered, and such numbers shall be entered in a book to be kept for that purpose, and such book shall contain the names and descriptions of the several persons to whom the exclusive right of burial in any such place of burial has been granted by the company; and no place of burial, with exclusive right of burial therein, shall be made in the cemetery without the same being marked out in such plan, and a corresponding entry made in the said book, and the said plan and book shall be kept by the clerk of the company.

Grant of exclusive right, &c. may be according to form in schedule.                                                               42. The grant of the exclusive right of burial in any part of the cemetery, either in perpetuity or for a limited time, and of the right of one or more burials therein, or of placing therein any monument, tablet, or gravestone, may be made in the form in the schedule to this Act annexed, or to the like effect, and where the company are not incorporated it may be executed by the company or any two or more of them.

Register of grants to be kept.                                                                                43. A register of all such grants shall be kept by the clerk to the company, and within fourteen days after the date of any such grant an entry or memorial of the date thereof and of the parties thereto, and also of the consideration for such grant, and also a proper description of the ground described in such grant, so as the situation thereof may be ascertained, shall be made by the said clerk in such register; and such clerk shall be entitled to demand such sum as the company think fit, not exceeding the prescribed sum, or if no sum be prescribed two shillings and sixpence, for every such entry or memorial; and the said register may be perused at all reasonable times by any grantee or assignee of any right conveyed in any such grant, upon payment of the prescribed sum, or if no sum be prescribed the sum of one shilling, to the clerk of the company.

Rights of burial may be assigned or bequeathed.                                                                                44. The exclusive right of burial in any such place of burial shall, whether granted in perpetuity or for a limited time, be considered as the personal estate of the grantee, and may be assigned in his lifetime or bequeathed by his will.

Form of assignments.                                                                                45. Every such assignment made in the lifetime of the assignor shall be by deed duly stamped, in which the consideration shall be duly set forth, and may be in the form in the schedule to this Act annexed, or to the like effect.

Assignments to be registered.                                                                                46. Every such assignment shall, within six months after the execution thereof, if executed in Great Britain or Ireland, or within six months after the arrival thereof in Great Britain or Ireland, if executed elsewhere, be produced to the clerk of the company, and an entry or memorial of such assignment shall be made in the register by the clerk of the company, in the same manner as that of the original grant; and until such entry or memorial, no right of burial shall be acquired under any such memorial; and for every such entry or memorial the clerk shall be entitled to demand such sum as the company think fit, not exceeding the prescribed sum, or if no sum be prescribed two shillings and sixpence.

Probates of wills disposing of rights of burial to be registered.                                                                 47. An entry or memorial of the probate of every will by which the exclusive right of burial within the cemetery is bequeathed, and in case there be any specific disposition of such exclusive right of burial in the said will an entry of such disposition, shall, within six months after the probate of such will, be made in the said register, in the same manner as that of the original grant; and until such entry no right of exclusive burial shall be acquired under such will; and for every such entry or memorial the clerk of the company shall be entitled to demand such sum as the company think fit, not exceeding the prescribed sum, or if no sum be prescribed two shillings and sixpence.

Burials in places where exclusive right has been granted.                                                                         48. No body shall be buried in any place wherein the exclusive right of burial shall have been granted by the company, except with the consent of the owner for the time being of such exclusive right of burial.

No grant to give right in consecrated ground, &c. to persons not entitled to be buried according to rites of Established Church.  49. No such grant as aforesaid shall give the right to bury within the consecrated part of the cemetery the body of any person not entitled to be buried in consecrated ground according to the rites and usage of the Established Church, or to place any monument, gravestone, tablet, or monumental inscription respecting any such body within the consecrated part of the cemetery.

Power to remove monuments erected without authority.                                                                              50. The company may take down and remove any gravestone, monument, tablet, or monumental inscription which shall have been placed within the cemetery without their authority.

Rights of bishop to object to monumental inscriptions in consecrated part of cemetery.                                            51. The bishop of the diocese in which the cemetery is situated, and all persons acting under his authority, shall have the same right and power to object to the placing, and to and procure the removal of any monumental inscription within the consecrated part of the cemetery as he by law has to object to or procure the removal of any monumental inscription within the consecrated part of the cemetery as he by law has to object to or procure the removal of any monumental inscription in any church or chapel of the Established Church, or the burial ground belonging to such church or chapel, or any other consecrated ground.

Payments to incumbents of parishes.
And with respect to payments to incumbents of parishes or ecclesiastical districts, and to parish clerks, be it enacted as follows:
Payments to incumbents of parishes from which bodies are brought.                                                                 52. The company shall, on the burial of everybody within the consecrated part of the cemetery, pay to the incumbent for the time being of the parish or ecclesiastical district from which such body shall have been removed for burial, such sums, if any, as shall be prescribed for that purpose in the special Act.

Accounts of interments in consecrated part of cemetery.                                                                           53. For ascertaining the amount of the payments, if any, to be made to the incumbents of the several parishes or districts aforesaid, the company shall cause books to be kept, and entries to be made therein of the names of all persons whose bodies are buried within the consecrated part of the cemetery, and the names of the parishes or districts from which such bodies respectively have been removed, and the manner of their burial within the cemetery, (distinguishing whether in a place of exclusive burial or otherwise,) with the date of such burial; and such books shall be at all reasonable times open to the inspection of the incumbents for the time being of the said several parishes or districts, or any person employed by them, without fee or reward.

Account of payments due to incumbents of parishes.                                                                                54. The company shall on the twenty-fifth day of March and twenty-ninth day of September in each year, or within one month after each of the said days, deliver to the person who is the incumbent of any parish or ecclesiastical district on that day, or to his executors or administrators, on demand made within the said month, an account of the sums, if any, payable in respect of bodies removed for burial within the consecrated part of the cemetery as aforesaid from such parish or ecclesiastical district during the half year next preceding the said twenty-fifth day of March or twenty-ninth day of September, as the case may be.

Payments to be made to incumbents of parishes half-yearly.                                                                        55. The sums payable by virtue of the special Act shall be paid half-yearly on the twenty-fifth day of March and the twenty-ninth day of September, or within one month afterwards, to the persons who are the incumbents of the parishes or ecclesiastical districts in respect of which the same are payable on such twenty-fifth day of March and twenty-ninth day of September respectively, or the executors or administrators of such incumbents; (that is to say,) such sums as accrue between the twenty-ninth day of September and the twenty-fifth day of March following shall be paid to the person who is the incumbent on the twenty-fifth day of March, and such sums as accrue between the twenty-fifth day of March and the twenty-ninth day of September following shall be paid to the person who is the incumbent on the twenty-ninth day of September; and if any such sums be not paid to the party entitled to receive the same within the period herein-before limited for the payment thereof, such party may recover the same, with full costs, by action of debt or on the case, in any court having competent jurisdiction.

Apportioned payments to incumbent.                                                                                56. If any incumbent of any parish or district in respect of which sums are payable by the company by virtue of the special Act ceases to be incumbent, by cession, death, or otherwise, between the said two half-yearly days of payment, such incumbent shall be entitled to receive so much of the sum payable at the half-yearly day which happens next after he ceases to be incumbent as has accrued from the last preceding half-yearly day, or from the time when such incumbent became first entitled to receive the fruits of his living, as the case may require, up to the day at which he ceased to be incumbent, and the incumbent of any parish or district who receives from the company any sum to a part of which any preceding incumbent is entitled under the provisions herein contained shall pay such part to him, his executors or administrators, accordingly; and the company shall not be answerable to any person, other than the actual incumbent for the time being, for the payment of any sums by virtue of this or the special Act.

Prescribed sum payable to parish clerk.                                                                                57. The company shall, on the burial of every body within the consecrated part of the cemetery, except where the body is buried at the expence of any parish or ecclesiastical district, or union of parishes for the relief of the poor, pay to the parish clerk of the parish or ecclesiastical district from which such body has been removed for burial, if he held the office of parish clerk of such parish or ecclesiastical district at the time of the passing of the special Act, but not otherwise, such sum, if any, as shall be prescribed for that purpose in the special Act.

Protection of cemetery.
And with respect to the protection of the cemetery, be it enacted as follows:
Penalty for damaging the cemetery.                                                                                58. Every person who shall wilfully destroy or injure any building, wall, or fence belonging to the cemetery, or destroy or injure any tree or plant therein, or who shall daub or disfigure any wall thereof, or put up any bill therein or on any wall thereof, or wilfully destroy, injure, or deface any monument, tablet, inscription, or gravestone within the cemetery, or do any other wilful damage therein, shall forfeit to the company for every such offence a sum not exceeding five pounds.

Disturbances and nuisances in cemetery.                                                                                59. Every person who shall play at any game or sport, or discharge firearms, save at a military funeral, in the cemetery, or who shall wilfully and unlawfully disturb any persons assembled in the cemetery for the purpose of burying any body therein, or who shall commit any nuisance within the cemetery, shall forfeit to the company for every such offence a sum not exceeding five pounds.

Annual accounts.                                                                                60. And with respect to the accounts to be kept by the company, be it enacted, that the company shall every year cause an account to be prepared, showing the total receipt and expenditure of all monies levied by virtue of this or the special Act for the year ending on the thirty-first day of December, or some other convenient day in each year, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account, certified by the chairman of the company, and duly audited, and shall send a copy of the said account, free of charge, to the clerk of the peace for the county in which the cemetery is situated, on or before the expiration of one month from the day on which such accounts end, which last-mentioned account shall be open to the inspection of the public at all reasonable hours, on payment of the sum of one shilling for every such inspection; and if the company omit to prepare or send such account as aforesaid, they shall forfeit for every such omission the sum of twenty pounds.

Recovery of damages and penalties.
[S. 61. rep. 57 & 58 Vict. c. 56. (S.L.R.)]
And with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other mater referred to justices, be it enacted as follows:
Railways Clauses Consolidation Act. 8 & 9 Vict. c. 20., incorporated as to damages, &c.                                           62. The clauses of the Railways Clauses Consolidation Act, 1845, with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any other matter referred to justices, shall be incorporated with this and the special Act; and such clauses shall apply to the cemetery and to the company respectively.

[S. 63. rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Powers of justices.                                                                                64. All things herein or in the special Act, or any Act incorporated therewith, authorized or required to be done by two justices may and shall be done by any one magistrate having by law authority to act alone for any purpose with the powers of two or more justces.

False evidence.                                                                                65. Every person who upon any examination upon oath under the provision of this or the special Act, or any Act incorporated therewith, shall wilfully and corruptly give false evidence shall be liable to the penalties of wilful and corrupt perjury.

Access in special Act.
And with respect to affording access to the special Act, be it enacted as follows:
Copies of special Act to be open to inspection.                                                                                66. The company shall at all times after the expiration of six months after the passing of the special Act keep in their principal office of business a copy of the special Act, printed by the printers to her Majesty, or some of them, and shall also within the space of such six months deposit in the office of the clerk of the peace of the county in which the cemetery is situated a copy of such special Act, so printed as aforesaid; and the said clerk of the peace shall receive, and he and the company respectively shall keep, the said copies of the special Act, and shall allow all persons interested therein to inspect the same, and make extracts or copies therefrom, in the like manner, and upon the like terms and under the like penalty for default, as is provided in the case of certain plans and sections by the Parliamentary Documents Deposits Act, 1837.

7. Will. 4. & 1 Vict. c. 83.
Penalty on company failing to keep or deposit such copies.                                                                        67. If the company fail to keep or deposit any of the said copies of the special Act, as herein-before mentioned, they shall forfeit twenty pounds for every such offence, and also five pounds for every day afterwards during which such copy shall be not so kept or deposited.

Saving as to future Acts.                                                                                68. Nothing herein contained shall be deemed to exempt the company from any general Act relating to burials in towns or populous places which may be passed in the same session of Parliament in which the special Act is passed, or any future session of Parliament.

[S. 69 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
SCHEDULES to which the foregoing Act refers.
Form of Grant of Right of Burial.
Sect. 42 .
By virtue of [here name the special Act], we [here state the name or description of the company], in consideration of the sum of to us paid by , of , do hereby grant unto the said the exclusive right of burial [or the right of burying bodies, as the case may be,] [or the right of placing a monument, tablet, or gravestone,] in [here describe the ground intended for the exclusive burial, or for placing a monument, tablet, or gravestone, as the case may be, so as to identify the same, and if a place of exclusive burial, add “numbered on the plan of the cemetery, made in pursuance of the said Act,”] to hold the same to the said in perpetuity [or the period agreed upon] for the purpose of burial [or as the case may be.]

Given under our common seal, [or under our hands and seals, as the case may be,] this day of in the year of our Lord .

Form of Assignment of Right of Burial.
Sect. 45 .
I, A.B., of , in consideration of the sum of paid to me by C.D., of , do hereby assign unto the said C.D. the exclusive right of burial in [here describe the place], and numbered on the plan of the cemetery made in pursuance of the said Act, which was granted to me [or unto A.B. of ] in perpetuity [or as the case may be] by [here state the name of the company], by a deed of grant bearing date the day of , and all my estate, title, and interest therein, to hold the same unto the said C.D. in perpetuity [or, as the case may be, for the remainder of the period for which the same was granted by the said company] subject to the conditions on which I held the same immediately before the execution hereof.

Witness my hand and seal, this day of
[1 Short title, “The Cemeteries Clauses Act, 1847.” See s. 4.]


[Preamble.]
Certain documents purporting to be sealed, signed, &c. to be received in evidence without proof of seal or signature, &c. of person signing the same, where the original record could have been received.  [1.] Whenever by any Act now in force of hereafter to be in force any certificate, official or public document, or document or proceeding of any corporation of joint stock or other company, or any certified copy of any document, bye law, entry in any register or other book, or of any other proceeding, shall be receivable in evidence of any particular in any court of justice, or before any legal tribunal, or either House of Parliament, or any committee of either House, or in any judicial proceeding, the same shall respectively be admitted in evidence, provided they respectively purport to be sealed or impressed with a stamp or sealed and signed, or signed alone, as required, or impressed with a stamp and signed, as directed by the respective Acts made or to be hereafter made, without any proof of the seal or stamp, where a seal or stamp in necessary, or of the signature or of the official character of the person appearing to have signed the same, and without any further proof thereof, in every case in which the original record could have been received in evidence.

Courts, &c. to take judicial notice of signatures of equity or common law judges, attached to decrees, &c.                                                                                2. All courts, judges, justices, masters in chancery, masters of courts, commissioners judicially acting, and other judicial officers, shall henceforth take judicial notice of the signature of any of the equity or common law judges of the superior courts at Westminster, provided such signature be attached or appended to any decree, order, certificate, or other judicial or official document.

Queen’s printers copies of private Acts, &c. admissible.                                                                                3. All copies of private and local and personal Acts of Parliament not public Acts, if purporting to be printed by the Queen’s printers, and all copies of the journals of either House of Parliament, and of royal proclamations, purporting to be printed by the printers to the crown or by the printers to either House of Parliament, or by any or either of them, shall be admitted as evidence thereof by all courts, judges, justices, and others without any proof being given that such copies were so printed.

Persons forging seal, stamp, or signature of certain documents, or printing any private Act, &c. with false purport, guilty of felony.                                                                     Documents received in evidence under this Act may be impounded until further order, at request of party against whom admitted, &c.

4. Provided always, that if any person shall forge the seal, stamp, or signature of any such certificate, official or public document, or document or proceeding of any corporation or joint stock or other company, or of any certified copy of any document, bye law, entry, in any register of other book, or other proceeding as aforesaid, or shall tender in evidence any such certificate, offical or public document, or document or proceeding of any corporation or joint stock or other company, or any certified copy of any document, by law, entry in any register or other book, or of any other proceeding, with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, whether such seal, stamp, or signature be those of or relating to any corporation or company already established, or to any corporation or company to be hereafter established, or if any person shall forge the signature of any such judge as aforesaid to any order, decree, certificate, or other judicial or official document, or shall tender in evidence any order, decree, certificate, or other judicial or official document, with a false or counterfeit signature of any such judge as aforesaid thereto, knowing the same to be false or counterfeit, or if any person shall print any copy of any private Act or of the journals of either House of Parliament, which copy shall falsely purport to have been printed by the printers to the crown, or by the printers to either House of Parliament, or by any or either of them, or if any person shall tender in evidence any such copy, knowing that the same was not printed by the person or persons by whom it so purports to have been printed, every such person shall be guilty of felony, and shall upon conviction be liable to transportation for seven years . . . Provided also, that whenever any such document as before mentioned shall have been received in evidence by virtue of this Act, the court, judge, commissioner, or other person officiating judicially who shall have admitted the same shall, on the request of any party against whom the same is so received, be authorized, at its or at his own discretion, to direct that the same shall be impounded, and be kept in the custody of some officer of the court or other proper person, until further order touching the same shall be given, either by such court, or the court to which such master or other officer belonged, or by the persons or person who constituted such court, or by some one of the equity or common law judges of the superior courts at Westminister, on application being made for that purpose.

Extent of Act.                                                                                5. This Act shall not extend to Scotland.

[Ss. 6, 7 rep. 38 & 39 Vict. c. 66. (S.L.R.)]


13 G. 3. c. 63.
Powers of the recited Act, as to the Examination of Witnesses in India, extended to the Colonies, &c. and to all Actions in the Courts at Westminster.

‘Whereas great Difficulties and Delays are often experienced, and sometimes a Failure of Justice takes place, in Actions depending in Courts of Law, by reason of the Want of a competent Power and Authority in the said Courts to order and enforce the Examination of Witnesses, when the same may be required, before the Trial of a Cause: And whereas by an Act passed in the Thirteenth Year of the Reign of His late Majesty King George the Third, intituled An Act for the establishing certain Regulations for the better Management of the Affairs of the East India Company, as well in India as in Europe, certain Powers are given and Provisions made for the Examination of Witnesses in India in the Cases therein mentioned; and it is expedient to extend such Powers and Provisions;’ Be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all and every the Powers, Authorities, Provisions, and Matters contained in the said recited Act, relating to the Examination of Witnesses in India, shall be and the same are hereby extended to all Colonies, Islands, Plantations, and Places under the Dominion of His Majesty in Foreign Parts, and to the Judges of the several Courts therein, and to all Actions depending in any of His Majesty’s Courts of Law at Westminster, in what Place or Country soever the Cause of Action may have arisen, and whether the same may have arisen within the Jurisdiction of the Court to the Judges whereof the Writ or Commission may be directed, or elsewhere, when it shall appear that the Examination of Witnesses under a Writ or Commission issued in pursuance of the Authority hereby given will be necessary or conducive to the due Administration of Justice in the Matter wherein such Writ shall be applied for.

Judges to enforce the Attendance of Witnesses.                                                                            II. And be it further enacted, When any Writ or Commission shall issue under the Authority of the said recited Act, or of the Power herein-before given by this Act, the Judge or Judges to whom the same shall be directed shall have the like Power to compel and enforce the Attendance and Examination of Witnesses as the Court whereof they are Judges does or may possess for that Purpose in Suits or Causes depending in such Court.

Costs to be in the Discretion of the Court.                                                                               III. And be it further enacted, that the Costs of every Writ or Commission to be issued under the Authority of the said recited Act, or of the Power herein-before given by this Act, in any Action at Law depending in either of the said Courts at Westminster, and of the Proceedings thereon, shall be in the Discretion of the Court issuing the same.

Witnesses to be examined by an Officer of the Court, if within its Jurisdiction: otherwise by Commission.                 IV. And be it further enacted, That it shall be lawful to and for each of the said Courts at Westminster, and also the Court of Common Pleas of the County Palatine of Lancaster, and the Court of Pleas of the County Palatine of Durham, and the several Judges thereof, in every Action depending in such Court, upon the Application of any of the Parties to such Suit, to order the Examination on Oath, upon Interogatories or otherwise, before the Master or Prothonotary of the said Court, or other Person or Persons to be named in such Order, of any Witnesses within the Jurisdiction of the Court where the Action shall be depending, or to order a Commission to issue for the Examination of Witnesses on Oath at any Place or Places out of such Jurisdiction, by Interrogatories or otherwise, and by the same or any subsequent Order or Orders to give all such Directions touching the Time, Place, and Manner of such Examination, as well within the Jurisdiction of the Court wherein the Action shall be depending as without, and all other Matters and Circumstances connected with such Examinations, as may appear reasonable and just.

Compelling Attendance of Witnesses, or Production of Documents.                                                           V. And be it further enacted, That when any Rule or Order shall be made for the Examination of Witnesses within the Jurisdiction of the Court wherein the Action shall be depending, by Authority of this Act, it shall be lawful for the Court, or any Judge thereof, in and by the first Rule or Order to be made in the Matter, or any subsequent Rule or Order, to command the Attendance of any Person to be named in such Rule or Order for the Purpose of being examined, or the Production of any Writings or other Documents to be mentioned in such Rule or Order, and to direct the Attendance of any such Person to be at his own Place of Abode, or elsewhere, if necessary or convenient so to do; and the wilful Disobedience of any such Rule or Order shall be deemed a Contempt of Court, and Proceedings may be thereupon had by Attachment (the Judge’s Order being made a Rule of Court before or at the Time of the Application for an Attachment), if, in addition to the Service of the Rule or Order, an Appointment of the Time and Place of Attendance in obedience thereto, signed by the Person or Persons appointed to take the Examination, or by One or more of such Persons, shall be also served together with or after the Service of such Rule or Order: Provided always, that every Person whose Attendance shall be so required shall be entitled to the like Conduct Money and Payment for Expences and Loss of Time as upon Attendance at a Trial: Provided also, that no Person shall be compelled to produce, under any such Rule or Order, any Writing or other Document that he would not be compellable to produce at a Trial of the Cause.

Payment of Expences.
Proviso as to Production of Documents.
Examination of Prisoners.                                                                                VI. And be it further enacted, That it shall be lawful for any Sheriff, Gaoler or other Officer having the Custody of any Prisoner, to take such Prisoner for Examination under the Authority of this Act, by virtue of a Writ of Habeas corpus to be issued for that Purpose, which Writ shall and may be issued by any Court or Judge under such Circumstances and in such Manner as such Court or Judge may now by Law issue the Writ commonly called a Writ of Habeas corpus ad testificandum.

Examinations of Witnesses to be taken upon Oath.                                                                          VII. And be it further enacted, That it shall be lawful for all and every Person authorized to take the Examination of Witnesses by any Rule, Order, Writ, or Commission made or issued in pursuance of this Act, and he and they are hereby authorized and required to take all such Examinations upon the Oath of the Witnesses, or Affirmation in Cases where Affirmation is allowed by Law instead of Oath, to be administered by the Person so authorized, or by any Judge of the Court wherein the Action shall be depending; and if upon such Oath or Affirmation any Person making the same shall wilfully and corruptly give any false Evidence, every Person so offending shall be deemed and taken to be guilty of Perjury, and shall and may be indicted and prosecuted for such Offence in the County wherein such Evidence shall be given or in the County of Middlesex if the Evidence be given out of England.

Persons giving false Evidence to be deemed guilty of Perjury.

Persons appointed for taking Examinations to report to the Court upon the Conduct or Absence of Witnesses, if necessary.  VIII. And be it further enacted, that it shall and may be lawful for the Master, Prothonotary, or any other Persons to be named in any such Rule or Order as aforesaid for taking any Examination in pursuance thereof, and he and they are hereby required, to make, if Need be, a special Report to the Court touching such Examination, and the Conduct or Absence of any Witness or other Person thereon or relating thereto; and the Court is hereby authorized to institute such Proceedings and make such Order and Orders upon such Report as Justice may require, and as may be instituted and made in any Case of Contempt of the Court.

Costs of the Order for Examination may be made Costs in the Cause.                                                        IX. And be it further enacted, That the Costs of every Rule or Order to be made for the Examination of Witnesses under any Commission or otherwise by virtue of this Act, and of the Proceedings thereupon, shall (except in the Case herein-before provided for) be Costs in the Cause, unless otherwise directed either by the Judge making such Rule or Order, or by the Judge before whom the Cause may be tried, or by the Court.

Restriction as to the reading of Examinations or Depositions without Consent of the Party.                                X. And be it further enacted, That no Examination or Deposition to be taken by virtue of this Act shall be read in Evidence at any Trial without the Consent of the Party against whom the same may be offered, unless it shall appear to the Satisfaction of the Judge that the Examinant or Deponent is beyond the Jurisdiction of the Court, or dead, or unable from permanent Sickness or other permanent Infirmity to attend the Trial; in all or any of which Cases the Examinations and Depositions certified under the Hand of the Commissioners, Master, Prothonotary, or other Person taking the same, shall and may, without Proof of the Signature to such Certificate, be received and read in Evidence saving all just Exceptions.

Proviso as to Judges of Durham.                                                                                XI. Provided always, and be it further enacted, That no Order shall be made in pursuance of this Act by a single Judge of the Court of Pleas of the said County Palatine of Durham, who shall not also be a Judge of one of the said Courts at Westminster.


11 Anne 2.
Rescuers of distress on conviction committed and fined, 8 G. 1. 2.

if fine not paid in a month, sent by sheriff to the workhouse.

WHEREAS in and by an act of Parliament made in the eleventh year of the reign of her late Majesty Queen Anne, intituled, An act for the more effectual preventing of frauds committed by tenants, it is enacted, That in all cases between “landlord and tenant from and after the twenty fifth day of March one thousand seven hundred and twelve, as often as it shall happen, that more than one half year's rent shall be in arrear, and the landlord or lessor, to whom the same is due, hath right by law to re-enter for the non-payment thereof, such landlord or lessor shall and may without any formal demand or re-entry serve a summons in ejectment for the recovery of the demised premisses; which summons in ejectment shall stand in the place and stead of a demand and re-entry; and in case of judgment against the casual ejector, or nonsuit for not confessing lease, entry, and ouster, it shall be made appear to the court, where the said suit is depending, by affidavit or be proved upon the tryal, in case the defendant appears, that more than half a years rent was due before the said summons was served, and that no sufficient distress was to be found on the demised premisses countervailing the arrears then due; and that the lessor or lessors in ejectment had power to re-enter, then and in every such case the lessor or lessors in ejectment shall recover judgment and execution in the same manner, as if the rent in arrear had been legally demanded, and a re-entry made: and whereas several artifices have been made use of to evade and elude the design and intent of the said act, and tenants have, by putting goods liable to distress on the lands demised to them, countervailing the rent and the arrears then due, deprived the landlords of the remedy intended them by the said act; and when the landlords have distrained the same, the tenants have caused the distress so taken to be rescued: and whereas such rescues have been usually committed by obscure and unknown persons, by means whereof many riots and other great disorders have happened: for remedy whereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present Parliament assembled, and by the authority of the same, That from and after the twenty fifth day of December in the year of our Lord one thousand seven hundred and seventeen, where any distress shall be taken by landlord or lessor, having lawful authority to distrain, or by any person or persons by such landlord or lessor impowered or authorized; if such distress or any part thereof be rescued, every person so rescuing, being lawfully convict thereof, shall be committed in execution by the court, before whom such conviction shall be had, for such fine as the court shall think reasonable to impose on such offender or offenders; and in case the party so convicted shall not pay to the sheriff of the county such fine, as shall be imposed on him for such rescue, within one month after such commitment; the party so convicted, on default of such payment, shall be conveyed by the sheriff of the county to the house of correction, or some workhouse in the said county, and there detained and kept at hard labour for any time not less than three months, nor exceeding six months, according to the discretion of the judges or justices before whom such offender shall be convicted as aforesaid.


[Preamble refers to the expediency of a system of registration of such marriages as are not within the provisions of 7 & 8 Vict. c. 81.]

Short title.                                                                                1. This Act may be cited for all purposes as “The Registration of Marriages (Ireland) Act, 1863.”

[S. 2 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Interpretation of terms.                                                                                3. The following words and expressions in this Act shall have the meanings hereby assigned to them; that is to say,
“General search” shall mean a search during any number of successive days, not exceeding six, without stating the object of search:
“Particular search” shall mean a search over any period not exceeding five years for any given register of marriage.

Extent of Act.                                                                                4. This Act shall extend to Ireland only.

[S. 5 rep. 38 & 39 Vict. c. 66. (S.L.R.)]
Register books and forms to be provided.                                                                                6. The Registrar General shall cause to be provided such number of register books and forms as shall be necessary to the execution of this Act; and the said register books shall be of durable materials, and in them shall be printed on each side of every leaf the heads of information herein required to be known and registered in respect of marriages; and every page of each of such books shall be numbered progressively from the beginning to the end of the book, beginning with number one, and every place of entry shall be also numbered progressively from the beginning to the end of the book, beginning with number one, and every entry shall be divided from the following entry by a printed line; and the Registrar General shall furnish for the use of the registrars a sufficient number of register books of marriages and such other forms as may from time to time be required for the purposes of this Act.

Districts under 26 & 27 Vict. c. 11. to be districts for this Act.                                                                    7. The several superintendent registrars and registrars districts which shall from time to time be made under the provisions of the Registration of Births and Deaths (Ireland) Act shall be the superintendent registrars and registrars districts for the purposes of this Act.

Alteration of boundaries of districts, &c. 7 & 8 Vict. c. 81.                                                                         8. The Lord Lieutenant, or the Registrar General with his approbation, shall have power, from time to time as may be deemed expedient, to alter the boundaries of the districts formed under the provisions of the Marriages (Ireland) Act, 1844, and to form new districts, and in the event of any new district being so formed to appoint fit persons to be registrars for such districts; and every such registrar shall hold his office during the pleasure of the Registrar General.

Registrar of marriages may, subject to approval of Registrar General, appoint a deputy.                                               9. Every registrar of marriages appointed under the said recited Act or this Act shall have the power, subject to the approval of the Registrar General, to appoint, by writing under his hand, a fit person to act as his deputy in case of the illness or absence of such registrar; and every such deputy registrar while so acting shall have all the powers and duties and be subject to all the provisions and penalties declared by the said recited Act and this Act concerning registrars of marriages, and in case of the death of the registrar shall act as registrar until another be appointed; and every registrar shall be civilly responsible for the acts and omissions of his deputy.

Registrars for purposes of this Act.                                                                                10. The several superintendent registrars and registrars of the several districts, and their respective deputies, appointed from time to time and acting under the provisions of the said last-recited Act, shall from time to time be the superintendent registrars and registrars of their respective districts for the purposes of this Act, if they think fit to accept such office; and in the event of their refusal to act, the guardians of the union shall appoint a person, with such qualifications as the Registrar General may declare to be necessary, to be the superintendent registrar or registrar under this Act; and every such superintendent registrar and registrar shall hold his office during the pleasure of the Registrar General.

Provision for marriages not within provisions of 7 & 8 Vict. c. 81.                                                                   11. In all cases of marriages which may be legally solemnized in Ireland, and which do not come within the provisions of the Marriages (Ireland) Act, 1844, or any Act amending the same, the parties about to contract any such marriage shall produce to the clergyman celebrating the marriage a certificate according to the form A. in the schedule hereunto annexed, which certificate shall be procured by the parties contracting the marriage, previous to its solemnization, from the registrar of the district appointed under this Act within which such marriage is intended to be solemnized, who shall be bound, as far as possible, without fee or reward, to fill up the said schedule, and it shall be signed by the parties contracting the marriage and by the witnesses present thereat, not being less than two, and also by the said clergyman; and the parties contracting the marriage shall within three days thereafter either deliver or send by post such certificate to the registrar of marriages appointed under this Act for the district wherein the marriage was solemnized; and the husband shall, in case of failure so to deliver or send such certificate, be liable in a penalty not exceeding ten pounds, to be recovered as herein-after provided.

Persons unable to write may sign by making a cross.                                                                                12. In case of the inability to write of any person whose signature is required or necessary under this Act, it shall be lawful for such person to make such signature by making a cross or other mark, which shall be made in the presence of the clergyman or two witnesses, who shall attest the same; and such mark shall be in all respects as binding and effectual as the signature of such person, if capable of writing, would have been.

Particulars of certificates to be entered in register books.                                                                          13. Every registrar, on receipt of any such certificate, shall forthwith enter the particulars thereof in the register book: Provided always, that if any error shall be discovered to have been committed in the entry of marriage in any register, the person discovering the same shall forthwith give information thereof to the justice or justices at the petty sessions of the district within which such marriage shall have been solemnized, or, if within the Dublin Metropolitan Police District, to a divisional justice or justices within the said district; and it shall be lawful for the said justice or justices, and they are hereby authorized and required, thereupon, or upon otherwise coming to the knowledge of such erroneous entry, to summon before them the person who made and any person concerned in making such erroneous entry or having any knowledge regarding the same, and also any person interested in the effect of such erroneous entry, and to examine all such persons on oath; and if the said justice or justices shall be satisfied that any error has been committed in any such entry, such justice or justices shall, by authority in writing under his or their hands, direct the registrar to correct the erroneous entry; and it shall be lawful for the registrar, and he is hereby required, thereupon to correct the erroneous entry according to the truth of the case by entry in the margin, without any alteration of the original entry; and such marginal entry shall contain a reference to the deposition upon which the said justice or justices directed the correction to be made, and shall be dated on the day on which it is made, and signed by the parties applying for the correction and by the registrar; and in every case the registrar shall make the like alteration in the certified copy of the register book to be made by him as herein-after provided; provided, that in case such certified copy shall have been already made, he shall make and deliver in like manner a separate certified copy of the original erroneous entry and of the marginal correction therein made.

Correction of erroneous entries.
Returns.
Certified copies of entries of marriages to be sent quarterly, and the register books, when filled, to the superintendent registrar.  14. In the months of April, July, October, and January, on such days as shall from time to time be appointed by the Registrar General, every registrar shall make and deliver to the superintendent registrar of his district, on durable materials, a true copy, certified by him under his hand, according to the form B. in the schedule to this Act annexed, of all the entries of marriages made during the quarter of a year last preceding the first day of each of the several months herein-before mentioned respectively in the register books kept by him, . . . and the superintendent registrar shall examine the same, and if found to be correct shall certify the same under his hand to be a true copy: If there shall have been no marriages registered since the delivery of the last certificate, the registrar shall certify the fact, and such certificate shall be delivered to the superintendent registrar as aforesaid, and be countersigned by him: The registrar shall keep safely the register book furnished to him as herein-before mentioned until it shall be filled, and shall then deliver it to the superintendent registrar, to be kept by him with the records of his office.

Superintendent registrars to send certified copies of registers of marriages to Registrar General.                                    15. Every superintendent registrar shall four times in every year, on such days as shall be named for the purpose by the Registrar General, send to the Registrar General all the certified copies of the registers of marriages which he shall have received from the registrars of marriages as aforesaid for the quarter of a year last preceding the first day of each of the several months herein-before mentioned respectively in the form B. in the schedule to this Act annexed; and the Registrar General, if it shall appear, by interruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, shall procure, as far as possible, consistently with the provisions of this Act, that the same may be remedied and supplied. The certified copies so sent to the general register office shall be thereafter kept in the said office in such order and manner as the Registrar General, under the direction of the Lord Lieutenant, shall think fit, so that the same may be most readily seen and examined.

Abstract of registers to be laid annually before Parliament.                                                                          16. The Registrar General shall once in every year transmit to the Lord Lieutenant a general abstract of the numbers of marriages registered during the foregoing year in such form and at such date as the Lord Lieutenant shall from time to time prescribe; and every such annual general abstract shall be laid before Parliament within one month after receipt thereof, or, if Parliament shall not be then sitting, within one month after the commencement of the next session.

Indexes to be kept at general register office.                                                                                17. The Registrar General shall cause indexes of all the registers herein mentioned to be made and kept in the general register office; and every person shall be entitled to search the said indexes between the hours of ten in the morning and four in the afternoon of every day, except Sundays, Christmas Day, and Good Friday, and to have a certified copy of any entry in the said registers; and for every general search of the said indexes the sum of twenty shillings, and for every particular search the sum of one shilling, and for every such certified copy the sum of two shillings and sixpence, shall be paid to the Registrar General or such other officer as shall be appointed to receive such fees on his account, in addition to the stamp duty of one penny imposed by [1] an Act passed in the twenty-third year of Her Majesty, chapter fifteen.

Searches to be allowed, and certified copies to be given.
Indexes to be made at every superintendent registrar’s office, and persons to be allowed to search them.                              18. Every superintendent registrar shall cause indexes of the register books in his office to be made and kept with the other records of his office. Every person shall be entitled, on such days and at such reasonable hours as shall be directed by the Registrar General, to search the said indexes, and to have a certified copy of any entry or entries in the said register books, under the hand and seal of the superintendent registrar, on payment of the fees herein-after mentioned; that is to say, for every general search the sum of five shillings, and for every particular search the sum of one shilling, and for every certified copy the sum of two shillings and sixpence, in addition to the stamp duty of one penny imposed by [1] an Act passed in the twenty-third year of Her Majesty, chapter fifteen.

Persons entitled to search register books.                                                                                19. Every person shall be entitled, on such days and at such reasonable hours as shall be directed by the Registrar General, to search such entries in the register books in the custody of the registrars as shall not have been included in the last preceding return made by such registrar to his superintendent registrar, and to have a certified copy of any such entry or entries, under the hand and seal of the registrar, on payment of the fees here in-after mentioned; that is to say, for every such search the sum of sixpence, and for every certified copy the sum of two shillings and sixpence, in addition to the stamp duty of one penny imposed by [1] an Act passed in the twenty-third year of Her Majesty, chapter fifteen.

Fees.
Superintendent registrars to be paid for the certified copies sent to general register office.                                        20. Every superintendent registrar shall make out an account four times in every year, on such days and for such periods as shall from time to time be appointed by the Registrar General, of the number of entries in such certified copies so sent by him to the Registrar General, as provided by this Act, and shall send the said account to the Registrar General. If on examination, and comparision with the certified copies of the registers or certificates received by the Registrar General, such account shall be found correct, the superintendent registrar shall be entitled to receive twopence from the Registrar General for every entry in such certified copies of registers of marriages, which shall be charged by the Registrar General to the general expenses of his office.

Registrars to make out an account of number of marriages four times yearly.                                                           21. Every registrar shall make out an account four times in each year, on such days and for such periods as shall from time to time be appointed by the Registrar General, of the number of marriages which he shall have registered in pursuance of the provisions of this Act; and the superintendent registrar shall verify and sign the same. The guardians of the union in which he shall be registrar, on production of the said account so verified and signed, shall pay to the said registrar, out of the monies in their hands or power as such guardians, at the rate of sixpence for every entry of marriage included in such account, and the same shall be charged to the union at large; and such guardians shall be and they are hereby empowered to levy off the union at large such sums so paid by them; and such sums shall be included in the rates which such guardians are by law empowered to levy and raise.

Persons making false statements for entry on register to be subject to penalties for perjury.                                         22. Every person who shall wilfully make or cause to be made, for the purpose of being inserted in any register of marriages, any false statement touching any of the particulars herein required to be known and registered, shall be subject to the same pains and penalties as if he were guilty of perjury.

24 & 25 Vict. c. 98. ss. 36, 37, incorporated.                                                                                23. The 36th and 37th sections of the Forgery Act, 1861, shall be incorporated with and form part of this Act.

Penalty for neglect of registrar to register marriage, &c.                                                                            24. Every registrar who shall refuse or without reasonable cause omit to fill up the certificate of marriage or register any marriage of which he shall have received a certificate, and every person having the custody of any register book or any part thereof who shall carelessly lose or injure the same, or carelessly allow the same to be injured whilst in his keeping, shall forfeit a sum not exceeding ten pounds for every such offence.

Penalty for omission to deliver registers to superintendent registrar or Registrar General.                                           25. Every person who under the provisions of this Act is required to deliver the registers of marriages or copies of such registers to any superintendent registrar or to the Registrar General, and who, after being duly required to deliver such register or copies as aforesaid, shall refuse or during one calendar month neglect so to do shall be liable for every such offence to forfeit a sum not exceeding ten pounds.

Penalties how recoverable.                                                                                26. Any penalty recoverable under the provisions of this Act shall be recoverable in a summary way, with respect to the police district of Dublin Metropolis, subject and according to the provisions of any Act regulating the powers and duties of justices of the peace for such district or of the police of such district, and, with respect to other parts of Ireland, before a justice or justices of the peace sitting in petty sessions, subject and according to the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act amending the same.

14 & 15 Vict. c. 93.
Saving of marriage law.                                                                                27. Nothing in this Act contained shall affect the law of marriage in Ireland.

Schedule
Form A.
Sect. 11 .
18 .—Marriages solemnized at the Roman Catholic chapel of ( ), in the registrar’s district of ( ), in the union of ( ), in the county of ( ).

No.  Married.      Name and Surname.  Age.          Condition.  Rank or Profession.  Residence at the Time of Marriage.  Father’s Name and Surname.  Rank or Profession of Father.

1    27 March 18.  Patrick Donovan.   Of full age.  Bachelor    Carpenter            3, South Street.                    Peter Donovan.              Upholsterer
Mary O’Brien.      Minor         Spinster    –                    17, High Street.                    Laurence O’Brien.           Butcher.

Married in the Roman Catholic chapel of ( ), according to the rites and ceremonies of the Roman Catholic church,
By me, [William Jackson.]
Form B.
Sect. 14. .
I ( ), registrar of births, deaths, and marriages in the district of ( ), in the union of ( ), in the county of ( ), do hereby certify, that this is a true copy of the registrar’s book of marriages within the said district from the entry of the marriage of ( ), No. ( ), to the entry of the marriage of ( ), No. ( ).

Witness my hand, this day of 18 .
( ) Registrar.
[The particulars in this schedule to be entered according to the fact.]

[1 23 & 24 Vict. c. 15. (except ss. 4–6) is rep. 33 & 34 Vict. c. 99. See that Act.]