Maryborough Cemetery Act of 1921 (12 Geo v No. 21) (Qld)

II. LOCAL AND PERSONAl.. ACTS OF THE PARLIAMEK'r OF QUEENSLAND. 12° G EORG11 V. CEMETERIES. An Act to provide for the Resumption of a certain 12 Geo, V, Disused Cemetery at Maryborough and for the No T . H 2 E 1. Conversion of the same to other Public Uses. BOMRAORUYG-H CEMETERY [ASSENTED TO 11TH NOVEMBER, 1921.] ACT OF 1921. W HEREAS a certain piece or parcel of land situated Preamble. in the county of March, parish and city of Mary- borough, containing three acres one rood seven perches and three-fourths of a perch, more or less, being part of the land described in deed of grant numbered 24979, and being that portion of section 39 referred to in *" The Maryborough Cerneter£es Sale Act of 1882" as having been enclosed and used as a cemetery at the date of a certain Proclamation of the seventh day of June, one thousand eight hundred and seventy-three, in the said Act mentioned, was by the said Proclamation directed to be closed as a cemetery, and the same has from the fourteenth day of June, one thousand eight hundred and seventy-three, accordingly remained so closed, and has not been u~ ed for the purpose of a cemetery nor have any burials been made therein: And whereas the Council of the city of Maryborough, a Local Authority duly constituted under and for the purposes of t" The Local Author#ies Acts, 1902-1920," within whose Area the said piece or parcel of land is situated, is desirous that the same should be resumed from the respective trustees or other the persons having in law possession of the same and that the subsisting trusts thereof should be determined and that the same * 46 Vie., supra, page 370L t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq., 5653. 5918, 8304, and 9571.

9806 CEMETERIES. Maryborough Cemetery Act. 12 GEO. V. No. 21, should be placed under the control of the said Council for the purposes of a public park under and subject to the provisions of the last-mentioned Acts, and is willing to perform and abide by the terms and conditions in that behalf hereinafter provided by this Act, and it is to the public interest that the said piece or parcel of land should be dealt with accordingly: Be it therefore enacted by the King's Most Excellent ~ \ Tajesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queens- land in Parliament assembled, and by the authority of the same, as follows :- Short title. 1. This Act may be cited as "The M arybor01lgh Cemetery Act of 1921." Intel'preta- tion. 2, In this Act-- The term "Minister" means the Secretary for Public Lands; The term "Couneil" means the Council of the .City of Maryborough; The term "Disused cemetery" means the said piece or parcel of land hereinbefore referred to, and which is more particularly described in the Schedule to this Act. Notice of 3. (1.) The Council shall publish once in each month resumption. for three consecutive months, in a newspaperornewspapers published in Maryborough and Brisbane in the State of Queensland, and in Sydney in the State of New South Wales, a notice to the satisfaction of the Minister of its desire that the disused cemetery shall be resumed and placed under the control of the 'Council, and stating the rights and conditions of removal of tombstones and remains as hereinafter set forth. Resumption (2.) Upon being satisfied that the notice prescribed of c.emetery. by the last preceding subsection hereof has been duly advertised, and upon hearing any objections to such resumption which may be lodged with him at any time not later than thirty days after the last publication of such notice, the Minister may by notice published in the Gazette declare that the disused cemetery has been resumed under this Act, and thereupon the disused cemetery shall be resumed from the respective trustees or other the persons having in law possession of the same, and the subsisting trusts thereof shall be determined.

CEMETERIES. 9807 1921. .LWaryborough Oemetery Act. (3.) Forthwith upon such resumption in .manner Crown land aforesaid, the disuse? cemetery s~ all become Crown land : ~~: Ved. and shall be dealt wIth under thIS Act, and the deed of grant numbered 24979, and every other deed· of grant and certificate of title issued in respect of the disused cemetery, shall be cancelled so far as it relates to the disused cemetery. (4. ) The' said parcel of Crown land shall be reserved Control of for the purposes of a public park under *" The Land City Council. Acts, 1910 to 1920," and shall as such be placed under the control of the Council. 4. Forthwith upon such resumption, all assets and ~ ss~ ~ s. and liabilities of or attaching to the trustees or other the liablbtles. persons having been theretofore in possession of the disused cemetery in connection with the same shall be divested from them and each of them and shall pass to and be vested in and shall be discharged by the Council. 5. (1.) The Council, upon the application of any of Right to the relatives of any deceased persons who have been ~ em~ v:o interred in the disused cemetery made within twelve a~r: t r!m~ f~ 3. months after the said resumption, shall exhume the remains of such deceased persons (so far as such remains can by reasonable diligence be discovered), and remove the same together with any monuments, tombstones, or other memorials of such deceased persons to the cemetery at present being used for the city of Maryborough, and shall there cause such remaIns to be re-interred in such situations as may be desired by siIch relatives; such plain caskets as may be necessary for the decent inter- ment of such remains shall be provided by the Council, and the said monuments, tombstones, and memorials, if damaged owing to such removal, shall be repaired by the Council and be re-erected at the place of re-interment of the remains: Provided that the relatives of any such deceased person may at their own expense remove the remains of such deceased person, together with any monument, tombstone, or memorial, to any cemetery. (2.) The Council shall, before· exhuming any such remains, cause a proper survey of the disused cemetery to be made, showing, as far as may be reasonably possible, the situation and identity of all remains, and shall keep a plan of such survey as a record. * 1 Geo. V. No. 15 and amending,Acts, 8upra, pages 8775, 9171, and 9180.

9808 CEMETERIES. - -~ - - ~- - -- ~ -- ~ ~- - - Maryborough Cemetery Act. 12 GEO. V. No. 21, 1921. (3.) The.. Council shall keep an accuratf) record of- (a) The names of the deceased persons whose remains are removed; (b) The names of the relatives by whom or on, whose application any remains are removed; (c) The position of the place of re-interment; (d) All monuments, tombstones, and memorials removed, and the disposition thereof; (e) So far as practicable, the names of deceased persons whose remains are not removed from the disused cemetery, and the position of the respective graves. Safe custody (4.) The Council shall store all monuments, tomb- ~ ~ mbstones, stones, or memorials now upon the disused cemetery &c. and not dealt with as provided in subsection one in a suitable part of the cemetery at present being used for the city of Maryborough, which shall be fenced off by the Council, and which the trustees of the said cemetery are hereby authorised and required to set apart for that purpose. The Council shall arrange with the said trustees for the safe custody of such monuments, tombstones~ and memorials until they are claimed by the persons entitled to them. Expenses. 6. The expenses incurred in carrying' out the pro- visions of this Act shall be borne by the Council, which expenses the CouncU is hereby authorised to incur and to payout of the City Fund. SCHEDULE. Description. County of March, parish of Maryborough, town of Maryborough; allotment 19 of section 39; Area, 3 acres 1 rood 7'75 perches. Commencing at the intersection of the north-western side of _ Tooley street with the north-eastern side of Kent street, and bounded thence on the south-east by the first-named street north-easterly five chains eighty-four links, on the north-east by a street north-westerly five chains sixty-five links, on the north-west by Prospect street south- westerly five chains eighty-four links, and on the south-west by Kent street south-easterly five chains sixty-five links to the point of com- mencement.