Balmain Cemetery Act of 1881 No bca (NSW)

An Act to enable certain persons carrying on business under the name of the Balmain Cemetery Company to inter the dead in any part of the land near the Balmain Road belonging to them and now used as a Cemetery. [16th December, 1881.]

l ands as and for a publ ic bur ia l -ground or place for t he i n t e rmen t of t h e dead and before and since t h e incorporat ion of t h e said Borough or Munic ipa l Distr ic t of Le ichha rd t and before and since t h e m a k i n g of t h e present by- laws of the said Borough or Munic ipa l Dis t r ic t t he said Company have sold to var ious persons por t ions of t he said Cemetery for t h e purpose of b u r y i n g the i r dead the re in and in m a n y cases such persons

WH E R E A S Barbara P a t t e n Francis George P a t t e n and W i l l i a m P a t t e n ( the

J a m e s M a r t y n Combes A lexande r H e n r y Brown a n d

said Barbara P a t t e n Francis George P a t t e n and Wi l l i am P a t t e n being

the Trus tees a n d execut r ix and executors of t h e will of W i l l i a m P a t t e n deceased) are t h e presen t owners and proprietors of t he lands s i tua te in t h e Borough or Munic ipa l Dis t r ic t of Le i chha rd t and k n o w n as t h e

B a l m a i n Cemetery A n d whereas t h e said James M a r t y n Combes

Alexander H e n r y Brown a n d Barba ra P a t t e n Francis George P a t t e n

a n d W i l l i a m P a t t e n have for m a n y years and before t h e incorporat ion

of t he Borough or Mun ic ipa l Dis t r ic t of Le ichha rd t carr ied on business

unde r t he n a m e of t h e Ba lma in Cemetery Company and used t h e said

persons have erected upon t h e said por t ions of land vaul ts in which to in te r and place the i r dead and in m a n y of t h e said port ions of g round and vaul t s no bodies have yet been in ter red and in others the re are in te r red there in a smaller n u m b e r of bodies t h a n can be in te r red

there in A n d whereas by the by-laws of t he said Borough or Munic ipa l

Dis t r ic t it is provided tha t " E v e r y grave or vau l t shall be of t h e dep th of seven feet a t t h e least and not less t h a n seven feet d is tant from any o ther grave or vau l t and not more t h a n two adul ts shall be in terred in one grave wi th in t h e said Munic ipa l D i s t r i c t " and also t h a t " N o body shall be in ter red wi th in t he distance of one hundred feet from any publ ic bu i ld ing place of public worship school-room dwell ing-house publ ic pa thway road or place whatsoever wi th in the said Munic ipa l Dis t r i c t " Be i t therefore enacted by t h e Queen ' s Mos t Exce l l en t Majesty by and wi th the advice and consent of the Legislat ive Counci l and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t h e same as follows:—

1. I t shall be lawful for t h e said Company on each day be tween t h e hours of e ight in t h e m o r n i n g and five in t he afternoon to in ter t h e dead in any p a r t of t h e said land s i tuated near the Ba lmain road wi th in t h e said borough of Le ichha rd t now be longing to t h e said Company a n d which has been heretofore used as a cemetery save and except a space of s ixty feet f rom t h e boundar ies thereof Provided t h a t every grave or vaul t shal l be of t he depth of seven feet a t t he least a n d no t more t h a n one adul t shall be in terred in each grave unless t hey be member s of t he same family w h e n two adul ts may be so bur i ed and each grave shall no t be less t h a n three feet la teral ly from any other grave Provided fu r ther t h a t t he said res t r ic t ion as to inter­ men t s wi th in sixty feet from t h e boundar ies of t h e said land a n d as to i n t e rmen t s wi th in three feet la teral ly from any other grave shall no t apply to any land wi th in t h e said Cemetery which was before t h e first day of A u g u s t one thousand e ight hund red and e ighty-one pur ­ chased by a n y person or persons from the said Company for t h e purpose of i n t e r r i ng the i r dead there in and which is now enclosed or shall be enclosed wi th in six m o n t h s after the pass ing of this Act .

2. This A c t m a y b e cited as t he " B a l m a i n Cemetery Ac t of

1 8 8 1 . "