Cemeteries (1847) (WA)

10 VICTORIA No. 12

Cemeteries

WESTERN AUSTRALIA

ANNO DECIMO

VICTORLE REGLNE

No. 12

An Ordinance to provide for the establishment of proper

places for the Burial of the Dead.

[Assented to 12th August, 1847.

HEREAS it is expedient that proper places should be set apart by His Excellency the Governor of Western Australia and its Depen- dencies, by and with the advice and consent of the Legislative Council thereof, that it shall be lawful for His Excellency the Governor in Executive Council from time to time to appoint by proclamation such place or places in each district as shall be deemed expedient to be reserved for the burial of the dead. Governor may

W	for the purpose of interring the dead ; Be it therefore enacted	appoint burial
places
No body to be

2. And be it enacted, that any person who shall assist at the burial of any dead body in any place in or within one mile of a town site

buried within(MC mile of a.

town site unless

in such burial

in which any burial place shall have been appointed as aforesaid other

place if ap-

than in such burial place shall forfeit and pay for every such offence

not exceeding

pointed. Penalty

any sum not exceeding fifty pounds.

£60

3. And be it enacted, that every person who shall bear or other- wise convey any dead body, or who shall dig a grave for the purpose of

Definition of

person assisting

at burial

burial contrary to this Ordinance, or who shall direct or procure any such burial, or shall officiate at any such burial as clergyman or minister of any persuasion or as clerk shall be deemed to `assist' at such burial within the meaning of this Ordinance, and to be subject to the penalties thereof.

4. And be it enacted, that it shall be lawful for any Justice of the Peace to cause the disinterment of any body buried contrary to the

Any Justice may

order disinter-

ment of body

provisions of this Ordinance, and its burial in such place as he may

to law

buried contrary

deem expedient consistently with this Ordinance.

5. Provided nevertheless that it shall be lawful for His Excellency the Governor to give order or permission by writing under his hand

Governor may permit burial

elsewhere

for the burial of bodies in other places within the said limits when- soever a special occasion shall arise which shall be deemed by him to justify the same.

6. And be it enacted, that all informations and proceedings for offences against this Ordinance shall be commenced within three

proceedingsLimitation of

three moieties

calendar months after the offences thereby respectively charged shall

have been committed, and shall be heard and determined, and the

forfeitures and penalties in respect of the same shall be awarded, en-

Mode of pro.

feeding

forced and appropriated in a summary manner before any two Justices of the Peace, according to the provisions of an Act passed in the seventh year of the reign of Her present Majesty, entitled An Act to regulate summary proceedings before Justices of the Peace.'

FREDERICK CHIDLEY IRWIN,

GOVERNOR AND COAIMANDER-IN-CHIEF.