Necropolis Act of 1867 No 14a (NSW)

N o. 14.	sr VIC.	1867.
Necropolis.

No. XIV.

Necbopolis. A n A ct to regu late th e N ecropolis. \2^rd D e­

cember, 1867.]

PreamUe. TTTH EU EA S it has become expedient to make provision for the

burial of the dead in some place situated at a distance from Sydney And whereas certain land consisting of two hundred acres or thereabouts at Haslem’s Creek has been purchased and become vested in Her Majesty the Queen and has by notification in the Gazette been designated the Necropolis And whereas it is desirable by legislative enactment to dedicate and set apart such land for the purpose of the same being used as a Cemetery for burying the dead And whereas it is expedient that one portion of the said land be set apart for a general Cemetery and that other portions of the said land be set apart for certain denominations of religious faith for the purpose of being used as a Burial Ground for burying the dead of such denomi­ nations respectively and that such portions he respectively vested in separate bodies of Trustees with perpetual succession who shall have power to regulate the use thereof and to do and cause to be done all such acts matters and things as may be requisite and proper for the preservation of such portions of such Cemetery and all buildings and erections thereon and for ornamenting the grounds thereof in a suitable manner Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—

T T

The Governor may

dedicate land at	1. I t shall be lawful for the Governor with the advice of the Executive Council by Proclamation to be published in the Government Gazette to dedicate and set apart the said land at Haslem’s Creek for the purpose of the same being used as a Cemetery under the name and designation of Necropolis.
Haslem’s Creek
Governor to vest
certain portions in	2. I t shall be lawful for the Governor with the like advice and in Schedule A hereto annexed a separate portion of the said land for the purpose of the same being used as a Burial Ground for burying the dead of such denomination and as to each of the said portions of land to appoint Trustees of the same such Trustees not being fewer than five in number and being members of the denomi­ nation for whose use the portion of land is set apart.
Trustees for the	in like manner to set apart for each of the denominations mentioned
denominations.
The residue to be

appropriated for 3. I t shall be lawful for the Governor with the like advice

burials of those other ' and in like manner as hereinbefore mentioned to set apart a portion

denom'nTvoiT land to be Called “ The General Cemetery ” such portion to

"	be used as a Burial Ground for burying the dead for whose burial none of the several portions of land set apart as in the said last section mentioned may from any cause whatever be applicable And to appoint Trustees of the said portion of land such Trustees not being fewer
‘	than five in number.

Nature of trusts. 4. Each body of Trustees appointed as aforesaid and their successors shall by virtue of this Act have vested in them the legal estate in and shall hold for ever the portion of land in respect of which they shall be appointed Trustees as aforesaid respectively for a Burial Ground for burying the dead as hereinbefore mentioned and the land so vested in them together with all erections thereon and the rights

easements

1867.	sr VIC.	N o. 14.
Necropolis.

easements and appurtenances to the same belonging shall remain vested in the said Trustees and their successors for ever upon the trusts and purposes and subject to the provisions of this Act.

5. I t shall be lawful for the Governor with the like advice to Trustees may be

remove from the said respective trusts any Trustee appointed as hereinbefore provided and upon the death rt;signation or removal of any such Trustee to appoint another in his place and stead.

0. Each body of Trustees appointed as aforesaid shall subject to Orounds to belaid

the approval of the Governor and Executive Council lay out the portion of land vested in them in such manner as may be most convenient for the hurial of the dead and may embellish the same Avith such walks avenues roads trees and shrubs as may to them seem fitting and proper and enclose the same with proper and sufficient palisades gates and entrances and preserve maintain and keep in a cleanly and orderly state and condition and cause to be so maintained and kept the said land and its palisades gates and entrances and all monuments tombstones enclosures buildings erections and shrubberies thereon and belonging thereto.

7. Any recognized minister of the denomination for AA'hich Spiritual functions

any portion of the Cemetery shall be set apart as hereinbefore provided	®	'
shall at all times have free access and admission to such portion of
the Cemetery and also to the General Cemetery and shall freely exercise his spiritual functions therein in connection with the burial of the dead without any hindrance or disturbance Provided hoAvever that no such minister shall be entitled to recede any fee in respect of any service he may so perform unless Avith the sanction of the Trustees of that portion of the Cemetery Avithin Avhich the same shall be performed.

8 . Each body of Trustees appointed as aforesaid may in respect Tnistces may sell

of the portion of the Cemetery vested in them and under such restric- bmiai vTuitf rua

tions and conditions as they think proper such restrictions and condi-*'t=;''‘ ‘oerc<='‘mo“'i-

tions having been previously approved by the Governor and Executive	‘
Council sell and grant the exclusive right of burial either in perpetuity
or for a limited period and also the right of constructing any Amult or place of burial Avith the cxcIusIa'c right of burial therein in perpetuity or for a limited period and also the right of erecting and placing any monument gravestone tablet or monumental inscription and such exclusive rights as aforesaid AA'hethcr granted in perpetuity or for a limited time shall be considered as the personal estate of the grantee and may lie assigned in his lifetime or bequeathed by his will.

9. Each body of Trustees appointed as aforesaid may in respect Trustees to fix

and in (‘onncction Avith the interment of bodies and the exclusive expend the same,

right of burial either in perpetuity or for a limited period and the

right of constructing any \"ault or place of burial Avith the exclusive

right of burial therein in perpetuity or for a limited period and the

right of erecting and placing any monument gravestone tablet or

monumental inscription such fees and charges as shall be fixed by

them and be approved of by the Governor and Executive Council

and notified in the Govermnent Gazette And a tabic sheAAung such

fees and charges shall be affixed and at all times continued in a con­

spicuous part of that portion of the Cemetery to Avhich the same are

applicable Provided always that the Trustees of any portion of the

of tlie portion of the Cemetery vested in them charge and receive for b"tcTmentr&c'’ana”’̂ person in such portion free of any charge whatsoever.

10. Each body of Trustees appointed as aforesaid may in the Monuments to bo

portion of the Cemetery vested in them take down and remove any	'
monument gravestone tablet or monumental inscription Avhich
shall have been erected or placed contrary to the rules and con­

ditions

N o. 14.	31̂ ̂ VIC.	1867.
Necropolis.

ditions upon Avhicla permission to erect or place the same was granted or in case such rules or conditions or the regulations of that portion of the Cemetery shall not have been complied wntli.

Vaults &c. to 1)6

kept exclusively for 11. No body shall be buried in any place wherein any exclusive

purchasers of

right of burial shall have been granted as hereinbefore provided except

exclusive right.

with the consent in writing of the ownier for the time being of such

exclusive right of burial.

appointed for the12. Each body of IVustees of any portion of the Cemetery set	Chaplains may he
pOTtions set apart for apart for a particular denomination appointed as aforesaid may appoint the denominations. ^ duly rccognizcd minister of such denomination to perform the burial

service within such portion according to the rites of such denomination

■ and may allow to such minister such annual stipend not exceeding two hundred and fifty ])Ounds per annum as to them shall seem proper

. Provided that wdiere no such minister is so appointed the minister performing the burial service in respect of any dead body brought to such portion of the Cemetery to be buried shall be entitled to receive such fee for every such interment as shall subject to the approval of the Governor and Executive Council be fixed by the Trustees of the portion of the Cemetery within which such interment shall take place.

servicrin̂ Gene”̂ ^̂̂ minister performing the burial service in respect of

Cemetery to receive any interment in the General Cemetery shall be entitled to receive

a fee. " such fees as shall be fixed by the Trustees of tlie General Cemetery

and approved of by the Governor and Executive Council.

Applications hy

Trustees of fees	14. Each body of Trustees appointed as aforesaid shall subject to the provision hereinafter contained in reference to the building of mortuary churches or chapels apply the fees and charges and other income arising from the portion of the Cemetery vested in them in the following manner (that is to say) in the first place in and towards defraying their expenses as Trustees under this Act in the next place in and towards maintaining the portion of the Cemetery vested in them and so fenced and laid out as hereinbefore mentioned and all erections thereon in complete repair in the next place in the case of the Trustees of any portion of the Cemetery set apart for a particular denomination in and tow^ards paying the stipend of the minister appointed by them to perform tbe burial service in the portion of the Cemetery vested in them or in case no such appointment is made and also in the case of the Trustees of the General Cemetery in and towards paying the fees of any minister jjerforming the burial service in respect of any interment in such portion of the Cemeteiy in and towm'ds paying the salary of any Secretary Clerks and other Officers who may be appointed to carry out this Act and in the last place in and towards laying out and embellishing the portion of the Cemetery vested in them.
and charges.
Mortuary chapels
may be erected.	15. Each body of Trustees appointed as aforesaid may build within the portion of the Cemetery vested in them a suitable mortuary church or chapel for the performance therein of the rites and cere­ monies in the burial of the dead which may under the provisions of this Act be performed within such portion of the Cemetery and the said Trustees may borrow any money required for such purpose and charge the fees and charges payable and to be received by them respectively under this Act with the payment of such money and interest Provided that the plans specifications elevations and models of any such mortuary church or chapel shall be first submitted to and approved by the Governor and Executive Council.
Appointment of
Secretary.	16. The Governor with the advice of the Executive Council may appoint a Secretary and such Clerks as may be necessary for the business and general management of the affairs of the Cemetery.
Duties of the
Secretary.	17. The Seeretary shall have an office in Sydney and shall answer all inquiries and give all the necessary information as to the

Cemetery

1867.	31" VIO.	N o. 14.
Necropolis.

Cemetery and shall subject to the regulations to be made’ hy

each body of Trustees under the powers liereinafter given make .

all arrangements necessary for carrying into effect the provisions

of this Act and shall receive all fees charges and sums of money

payable under the Act for and on account of each body of Trustees	.
respectively and shall make such payments as may be authorized
by them resj^ectively and shall keep a separate and distinct book
on account of each body of Trustees in which shall he entered a
full and particular account in writing of all fees charges and sums of
money received and all sums of money expended hy each body of
Trustees respectively for and on account of the purposes of this Act
and, of all liabilities incurred hy them for such purposes and of the	'
several purposes for which such sums of money are paid and such
liabilities incurred and an abstract of such respective accounts made
up from the first day of January to the thirty-first day of December
both inclusive in the year next preceding shall be transmitted to the
Minister of Lands in the month of January in each and every year
and published in the Govermnent Gazette and every such account shall
he verified by a solemn declaration to he made and subscribed hy the

Secretary in the form and to the effect required hy the Act of Council

.

ninth Victoria number nine aftd any Justice of the Peace is hereby authorized to take such declaration Provided however that in any matter arising with respect to interments in any of the portions of the Cemetery set apart and granted as aforesaid and which is not provided for by this Act or the regulations to he. made hereunder the Secretary shall have power to act under the direction of the body

_ of Trustees or the majority of them in whom that portion of the

\ Cemetery shall be vested.

18. Each body of Trustees appointed as aforesaid may in respect angulations to be

of the portion of the Cemetery vested in them make such rules and

regulations such rules and regulations having been previously approved

•

of by the Governor and Executive Council and do and cause to l)e done all such acts matters and things as may be necessary for carrying out the purposes of this Act and for determining and directing the formation order and jmsition of all graves and vaults to he made in such portion of the Cemetery and also for protecting the buildings monuments shrubberies plantations and enclosures in the same from destruction or damage and may prosecute all persons who shall do or cause to he done any damage to the buildings monuments tombstones shrubberies plantations or enclosures in the same Provided never­ theless that it shall not he lawful for any body of Trustees hy any rule or regulation or any other act matter or thing at any time to interfere directly or indirectly with the performance of any religious ceremony in the hurial of the dead according to the rites of the denomination for which the land is vested in' them.

19. Each body of Trustees appointed as aforesaid shall m e e t Meetings of Trustees

at least once in every three mouths at the office of the Secretary or

some other convenient place according to a rule to be adopted hy them	•	'
for that purpose and every such meeting shall be presided over by a
Chairman to he chosen at such meeting and all (questions matters
and things which shall he considered at any such meeting shall he
determined by the majoiaty in number of the Trustees then present

Provided that it shall not he competent for the said Trustees to	•
proceed to business unless there he at least three of them present And a book shall he opened and kept in which shall be entered a minute of the proceedings of the Trustees at every such meeting which minute shall ho read and confirmed at the next subsequent meeting and shall

he signeJ hy the Chairman of such meeting Provided also that any .

. two of tiK̂ same body of Trustees may by writing under their hands

summon

N o. 14. 31° V IC . 1867.

Necropolis.

summon with at least forty-eight hours notice a meeting of such body for any special pm-pose mentioned in such writing and to meet at such time as shall be appointed therein.

Penalty on persons

committing	20. Whosoever shall play at any game or sport or discharge fire-arms save at a military funeral in the Cemetery or shall wilfully and unlawfully disturh any persons assembled in the Cemetery for the purpose of burying any body therein or shall commit any nuisance within the Cemetery shall forfeit and pay any sum not exceeding five pounds.
nuisances.
Penalty for injuring	21. Whosoever shall wantonly or wilfully do or cause to bo done any damage to any monument vault tombstone building erection railing shrubbery tree or plant in the said Cemetery shall forfeit and pay any sum not exceeding twenty pounds And whosoever shall do or cause to be done any injury to any such monument vault tombstone building erection railing shrubbery tree or plant whether the same shall have been done wilfully or wantonly or otherwise shall be also liable to pay damages and compensation therefor according to the amount of damage sustained either at the suit of the body of Trustees in whom is vested that portion of the Cemetery wherein is situated the property so injured or of the persons entitled to sucli
monuments.
property. •
Apprehension of	22. Any person who may be found committing any offence against this Act and who shall refuse being thereunto required by any person to give his name and place of abode may be thereupon appre­ hended by such person and taken to and detained at the nearest lock-up until he can be taken before a Justice of the Peace to be dealt with as hereinafter mentioned Provided that any Justice of the Peace Sub-Inspector or Senior-Sergeant of Police may liberate such person so apprehended on his giving reasonable bail for his attendance before a Justice of the Peace to answer for the offence for which he was appre­ hended.
offenders by any
person.
Penalty for giving	23. If any person being reqmred as in the last preceding section hereof is provided to give his name and place of abode shall give a false or fictitious name or place of abode he shall for every such offence forfeit and pay any sum not exceeding ten pounds.
false name.
Summary	24. All penalties imposed by this Act may be recovered before any Justice of the Peace in a summary way and if the same shall not be paid either immediately or within such time as such Justice may appoint for such payment not exceeding fourteen days after conviction then the person so convicted shall hy warrant under the hand of the convicting or of any other Justice of the Peace be imprisoned with or without hard labor for any period not exceeding three calendar months unless the same be sooner paid.
convictions.

Short title. 25. This Act shall be styled and may be cited as the “ Necropolis

Act of 1867.” '

SCHEDULE A.

Names of Denominations.

Church of England.

Eoman Catholic.

Presbyterian.

Wesleyan.

Independent.

Jews.

No. XV.