Cemeteries Act Amendment Act 1957 (WA)

1957.] Cemeteries. [No. 26.

CEMETERIES.

6' Elizabeth II., No. XXVI.

No. 26 of 1957.

AN ACT to amend the Cemeteries Act, 1897- 1956, and where necessary for the purpose of Reprinting that Act, to Revise and amend certain of the Acts amending the Cemeteries Act 1897 (Act 61 Victoriae No. 23, 1897).

[Assented to 26th October, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Cemeteries Short title

Act Amendment Act, 1957.

No. 26.] Cemeteries. [1957.

Interpreta-

In this Act, unless the context requires other- wise, the expression

tion. (2)

"amending Acts" means Acts 62 Victoriae No. 25, 1898; 63 Victoriae No. 38, 1899; 2 Edwardi VII. No. 42, 1902 (as amended by Act No. 73 of 1956); and No. 22 of 1911;

"principal Act" means the Cemeteries Act,

1897-1956

Act 61 Victoriae No. 23, 1897, as amended by Acts 62 Victoriae No. 25, 1898; 63 Victoriae No. 38, 1899; 2 Edwardi VII. No. 42, 1902; No. 22 of 1911, No. 28 of 1946, No. 14 of 1955 and No. 73 of 1956.

Citation of	(3) The principal Act as amended by this Act
Act as

principal

amended by	may be cited as the Cemeteries Act, 1897-1957.
this Act.
S. 3 am.

Section three of the principal Act is amended one, the passage, "Except to the extent mentioned in sections forty-one A, forty-one B and forty-one C of this Act, nothing".

I Cf. 2 2.

Edw. VII,

No. 42,	by substituting for the word, "NOTHING" in line
ss 9, 10
and 11..)

S. 17 am. 3.

Section seventeen of the principal Act is

amended by adding after the word, "by" in line

one, the words, "or pursuant to".

S 4. Section forty-four of the principal Act is amended by substituting for the passage, "Schedule to the Shortening Ordinance, 1853," in lines one and two, the passage, "Second Schedule to the Interpretation Act, 1918,"

Revision	5. (1) By way of revision, for the purpose of
and

amendment reprinting the principal Act, the provisions of the am ending

Acts	amending Acts are amended to the extent specified
Schedule.	in the Schedule to this Act.

Acts.

1957.] Cemeteries. [No. 26.

(2) The provisions of subsection (1) of this section shall not be construed as affecting the provisions of the Amendments Incorporation Act, 1938.

S. 5.

SCHEDULE.

Amending Act.

Item Amendment.

No. of Act. Short Title. No.

62 Viet, No. Cemeteries Act, 1. Section one is amended

26. 1897, (a) by adding after the section

Amendment	number "1", the following
Act, 1898.	passage

The Cemeteries Act, 1897, is amended by add- ing after section eleven as section eleven A, the fol- lowing:—;

(b) by substituting for the pas- sage, "the Cemeteries Act, 1897," in lines four and five, the words, "this Act".

63 Viet. No. Cemeteries Act, 2. The long title is amended by

38. 1899. adding after the word "ACT", the passage, "to amend the Cemeteries Act, 1897, and".

3. Section two is amended

(a) by adding after the section number, "2" the following passage

The Cemeteries Act, 1897, is amended by add- ing after section ten as ing:—;

section ten A, the follow- by substituting for the pas- sage, "the Cemeteries Act, 1897," in line two, the words, "this Act".

(b)

No. 26.] Cemeteries. [1957.

SCHEDULE—continued.

Amending Act. Item Amendment.

No. of Act. I Short title. No.

63 Vict. No Cemeteries Act, 4. Section three is amended

38 1899 (a) by adding after the section The Cemeteries Act, 1897, is amended by add- ing after section fourteen as section fourteen A, the following—;

(contd.). (contd.). number, "3" the following passage

(b)	by substituting for' the pas- sage, "the said Cemeteries Act, 1897," in lines one and two, the words, "this Act";
(c)	by substituting for the words, "the said Act" in line three, the words, "this Act".

2 Edw. VIE. No. 42 (as Cemeteries Act 5. Section two is amended

Amendment (a) by adding after the section

amended	Act, 1902.	number, "2" the following The principal Act is amended by adding after section fifteen as section fifteen A, the following—;
by No. '73	passage
of 1956).

(b) by adding before the word, "Schedule" in line five, the word, "Third".

6. Section six is amended

(a) by adding after the section number, "6" the following passage

The principal Act is amended by adding after section thirty as section thirty A, the following—;

(b) by substituting for the words, "the principal" in the last line, the word, "this".

7. Section seven is amended by adding after the section number, "7" the following passage

The principal Act is amended

by adding after section forty as

section forty A the following—.

1957.] Cemeteries. [No. 26.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short title. No.

2 Edw. VII. Cemeteries Act 8. Section eight is amended

No. 42 (as Amendment (a) by adding after the section

amended	Act, 1902	number "8" the following
by No. 73	(contd.).	passage

of 1956) The principal Aet is

(contd.). amended by adding as section forty B the follow- ing—;

(b)	by adding after the word, "form" in line three, the passage, "of warrant to exhume a body for the pur- pose of an inquest,";
(c)	by substituting for the pas- sage, "an Ordinance to facilitate inquiries in the nature of Coroner's Inquests, passed in the nineteenth year of Her late Majesty and numbered ten" in lines three, four and five, the passage, "the Coroners Act, 1920".

9. Section nine is amended

(a) by adding after the section number, "9" the following passage

The principal Act is amended by adding after section forty-one as &co- tton forty-one A, the fol- lowing—;

(b) by substituting for the words, "the principal" where they occur in lines one and two and in the last line, the word, "this".

10. Section ten is amended

(a) by adding after the section number, "10" the following passage

The principal Act is amended by adding as section forty-one B, the following—;

No. 26.] Cemeteries. [1957.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short title. No.

2 Edw. VII. Cemeteries Act 10. (contd.)

No. 42 (as Amendment (b) by adding after the word,

amended	Act, 1902	"under" in line one the
by No. 73	(contd.).	passage, "the provisions of
of 1956)	section forty-one A of";

(contd.). (c) by substituting for the words, "the principal" in line two the word, this".

11. Section eleven is amended

(a) by adding after the section number, "11" the following passage

The principal Act is amended by adding as section forty-one C, the following—;

(b) by adding after the word, "under" in the last line, the Passage, "the provisions of section forty-one A of".

12. A section is added after sec-

tion eleven as follows

Schedule 12. The principal Act is

acme& amended by adding after the Second Schedule a Third Schedule as fol- lows:—

Sec.15A. SCHEDULE III.

Form of Instrument Setting apart portion of Ceme- tery for Burial of Per- sons of same Religious Denomination.

THIS INDENTURE, made

day of

19 between

(e.g. the Trustees of the

Karrakatta Cemetery) in-

corporated under the Ceme-

teries Act, 1897, as amended

(hereinafter called "the

Trustees"), of the one part,

and (e.g. The Perth Diocesan

Trustees, incorporated by

Act 52 Victoriae No. 2 as

the

1957.] Cemeteries. [No. 26.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short title. No.

2 Edw. VII. Cemeteries Act 12. (contd.)

No. 42 (as	Amendment	amended by Act No. 34 of
amended	Act, 1902	1918) hereinafter called

by No. 73 (contd.). of the

of 1956)

other part:

(contd.).

WHEREAS the Trustees are trustees of the public cemetery at

and as such have vested in

them

Location

AND WHEREAS (the par- ties of the other part) have applied to the Trustees to specially set apart a portion of the said cemetery for the burial of persons who be- long to and are members of (e.g. the Church of England in Western Australia) which the Trustees have agreed to do subject to the covenants and other matters herein- after mentioned:

NOW THIS INDENTURE WITNESSETH that t h e Trustees do hereby irrevoc- ably set apart for the burial of persons who belong to and are members of (e.g. the Church of England in Western Australia) ALL THAT piece of land col- oured in the diagram indorsed on these presents. being a portion of the pub- lic cemetery at

Location , together with full right of way for all purposes to and from such land.

AND THE TRUSTEES, so far as they lawfully can and may, covenant with the said (the parties of the other part) not to permit any

No. 26.] Cemeteries. [1957.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short Title. No.

2 Edw. VII. Cemeteries Act 12. (contd.)

No. 42 (as	Amendment	person to perform or take.
amended	Act, 1902	part in any religious cere-
by No. 73	(contd.).	mony in the burial of the
of 1956)	dead in the said portion of
(contd.).	land set apart by these presents unless such person is at such time a member of and duly authorised by (the Trustees or the recognised head of the religious de- nomination) to officiate at such a ceremony.
AND the said (the parties of the other part) covenant with the Trustees not to use the portion of land so set apart except for the pur- poses and in the manner authorised by the said Act as amended.
AND IT IS HEREBY DECLARED that nothing herein contained shall pre- judice or affect the right of the said (the parties of the other part) to build on the said portion of land a suit- able mortuary, church or chapel, subject to the condi- tions and permission pre- scribed by the said Act as amended.
IN WITNESS WHEREOF the parties hereto have hereunto affixed their com- mon seals the day and year first before written.
The Common Seal of etc. was affixed etc.

1957.] Cemeteries. [No. 26.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. I Short Title. No. 13. The Schedule is deleted.

No. 22 of Cemeteries 14. Section two is amended by

1911.	Amendment	adding after the section number
Act, 1911.	"2" the following passage

The principal Act is amended by adding after section thirty-four as sec- tion thirty-four A, the following—.

15. Section three is amended

(a) by adding after the section number "3" the following Passage

The principal Act is amended by adding as section thirty-four B, the following—;

(b)

by substituting for the

words, "the principal" where

they occur in line five and

in line seven, the word,

"this";

(c)

by substituting for the words, "hereinafter men- tioned" in paragraph (b), the passage, "referred to in section thirty-four E of this Act".

16. Section four is amended

(a) by adding after the section number "4" the following passage

The principal Act is amended by adding as section thirty-four C the following—;

(b) by substituting for the

words, "the said section

thirty" in line one the words, "section thirty of this Act";

No. 26.] Cemeteries. [1957.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short Title. No.

No. 22 of Cemeteries 16. (contd.).

1911 Amendment (c) by deleting the word, "said"

(contd.).	Act, 1911	occurring before the word,
(contd).	"account" in the last line;

(d) by substituting for the words, "the said section thirty" in the last line, the words, "that section."

17. Section five is amended

(a) by adding after the section number "5" the following passage

The principal Act is amended by adding as section thirty-four D, the following—;

(b) by substituting for the words, "the said section thirty or of section four" in line two, the passage, "sec- tion thirty or section thirty-four C".

18. Section six is amended

(a) by adding after the section number "6" the following passage

The principal Act is amended by adding as section thirty-four E, the following—;

(b) by substituting for the words, "contributions to be made as hereinbef ore pro- vided" in lines two and three of subsection (1), the passage, "such amounts as are from time to time applied in payment to the fund in accordance with the provisions of section thirty-four B of this Act".

1957. ] Cemeteries. [No. 26.

SCHEDULE—continued.

Amending Act.

Item Amendment.

No. of Act. Short Title. No.

No. 22 of Cemeteries 19. Section seven is repealed and

1911

Amendment

re-enacted as follows

(contd.).

Act, 1911

Section 7. The principal Act is

(contd.).

34F

added.

amended by adding as sec-

tion 34F, the following-

Sections

MA, 34)3, 34F. Sections thirty-

a40, 341) four A, thirty-four B,

and ME

retro-	thirty-four C, thirty-
spective.	four D and thirty-four E of this Act have effect as if they had formed part of this Act as originally enacted.