Cemeteries Act Amendment Act 1902 (WA)

atlesstern 2totralia.

ANNO SECUNDO

EDWARDI VII. REGIS.

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No. XLII.

AN ACT to further amend the Cemeteries

Act, 1897.

[Assented to, loth December, 1902.]

lative Assembly of Western Australia, in this present Parliament BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis-

assembled, and by the authority of the same, as follows :—

1.     THIS Act may be cited as the Cemeteries Act Amendment

Act, 1902, and shall be read as one with the Cemeteries Act, 1897, Short title. hereinafter referred to as the principal Act.

2.      THE trustees of any cemetery may, and at the request of

the trustees or recognised head of any religious denomination shall, .Poarytiboenssel acepm	arettefroyr
by an instrument in writing, set apart a portion of the cemetery for any religions
the burial of persons of the same religious denomination exclusively. denomination.

20 EDWARDI VII., No. 42.

Cemeteries Act—Amendment.

Form of instrument.

The instrument shall be in the form in the Schedule, or to the effect thereof, and may contain such other covenants and provisions as the parties thereto may agree upon and the Minister approve.

Appeal.

Either party may, in case of disagreement, appeal to the

Nlinister, whose decision shall be binding upon the parties, and final.

Amendment of 61 3. Ss E(T I.) N fourteen of the principal Act is amended by

Viet.. No. 23, sec. 14. inserting, after line sixteen,-

" For undertaking funerals, and prescribing the charges

to be made;

For the annual licensing of undertakers ;

Prescribing the license fee to be paid;

Prohibiting any unlicensed undertaker from undertaking

or conducting any funeral in the cemetery;

Regulating the charges of licensed undertakers for under-

taking and conducting funerals;

Enabling the trustees to cancel an undertaker's license for

breach of any by-law."

4.      SECTION twenty-nine of the principal Act is amended by " (1.) The Governor may direct that, out of any moneys appropriated by Parliament for the purpose, such sums of money as he may think fit shall be paid to the trustees of any cemetery for the establishment,- maintenance, and management thereof"

2Ardm""fsee' omitting subsection one, and inserting in place thereof-

Amendment of 5. SECTION thirty-two of the principal Act is amended by

sec. 32.

omitting the words " and the amount to be allowed as salary to the

trustees."

EVERY trustee may receive a fee of ten shillings and sixpence, or of such other amount, -not exceeding one guinea, as the trustees may prescribe, for his attendance at every ordinary meeting of trustees.

Trustees to receive 6.

fees.

Such fees may be paid out of any moneys at the disposal of the

trustees.

The yearly abstract of accounts rendered pursuant to section thirty of the principal Act shall state the fees paid to each trustee.

7.      THE trustees may, by order in writing, permit the exhuma-

Trustees may order tion Of any body buried in the cemetery, for the purpose of burial	exhumation and re•
burial of bodies. in another part of the cemetery.

2° EDWARDI VII., No. 42.

Cemeteries Act—Amendment.

8.      ANY Justice of the Peace may, in the case of any sudden,

violent, or apparently unnatural death, by warrant under his hand intermentf of/ ender 19

in the form prescribed by an Ordinance to facilitate inquiries in the Viet., No. 10.

nature of Coroner's Inquests, passed in the nineteenth year of Her

late Majesty and numbered ten, order the disinterment Of anybody.

9. NOTWITHSTANDING anything contained in the prin- grounds edds m b tanyi e

cipal Act to the contrary, the Governor may, with the consent of the

trustees, if any, of any disused burial ground appointed under an vested in trustees

Act passed in the fourth year of Herlate Majesty and numbered under principal Act.

six, by Order in Council vest any such disused burial ground in the

trustees of any public cemetery appointed under the principal Act.

10.       EVERY disused burial ground vested in trustees under this

Act shall be deemed a cemetery within the meaning of the principal gpriosuur d o"vested ted to

Act,- but no burial shall be permitted therein without the order of be deemed d a idsl come -

the Governor in each case. tery.

11.     THE Governor may direct that out of any moneys appro-

priated by Parliament for the purpose, such sum as to the Governor .1'1) 1;1 roypsr in areyd baen d

may seem fit may be paid to the trustees for the upkeep and repair applied for upkeep of

of any disused burial ground vested in them under, this Act. disused cemeteries

In the name and ou behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

2° EDWARDI VII., No. 42.

Cemeteries Act—Amendment.

THE SCHEDULE.

Section 2.

THIS INDENTURE, made the day of , 19 , between

[e.g., the Trustees of the Karrakatta Cemetery], incorporated under the Cemeteries

Acts of 1897 and 1899 (hereinafter called The Trustees"), of the one part, and

[e.g., the Diocesan Trustees of the Church of England in Western Australia, in-

corporated by the statute 52 Victoria, No. 2], hereinafter called

, of the other part.

WHEREAS the Trustees are trustees of the Public Cemetery at

and as such have vested in them Location

AND WHEREAS [the parties of the second part] have applied to the Trustees to specially set apart a portion of the said Cemetery for the burial of

persons belonging to and members of [e.g., the Church of England in Western Australia], which the Trustees have agreed to do on the conditions hereinafter

mentioned.

Now THIS INDENTURE WITNESSETH that the Trustees do hereby irrevoc- ably set apart for the burial of persons belonging to and members of [e.g., the

Church. of England in Western Australia], ALL THAT piece of land coloured

in the diagram indorsed on these presents, being a portion of the

Public Cemetery at , Location , together with

full right of way for purposes to and from such laud.

AND THE TRUSTEES, so far as they lawfully can and may, covenant with the said [the parties of the second part] not to permit

any person to perform or take part in any religious ceremony in the burial of the

dead ou the said portion of land set apart by these presents unless such person is

at Such time a member of and duly authorised by [the Trustees or recognised head of the religious denomination] to officiate at such

a ceremony.

AND the said [the parties of the second part] covenant

with the Trustees not to use the portion of land so set apart except for the purposes

and in the manner authorised by the said Acts.

AND IT IS HEREBY DECLARED that nothing herein contained shall prejudice or affect the right of the said [the parties of the second part] to build on the said portion of land a suitable mortuary, church or chapel,

subject to the conditions and permission prescribed by the said Acts.

IN WITNESS WHEREOF the parties hereto have hereunto set their common seals the day and year first before written.

The common seal of, etc.,

was affixed, etc. 1

By Authority : Wu. ALFRED WATSON, Government Printer, Perth.