Sydney Necropolis Act 1847 No 11a (NSW)

N o o X I o

An Act for tlie establisliinent and regulation by syDNEŶ ôrous.

Trustees of a General Cemetery near to tlie City of Sjulney to be called “ The Necropolis.” [24 /̂i August, 1847.]

A IT lIE l lE A S the Cemeteries or Burial Grounds w ithin the City of r.cambie.

TT Sydney and the sidnirhs thereof are oi‘ limited extent and

insufficient for the increased and increasing population ther('of and it is intended hy H er Majesty the Queen to grant certain land in tin; neighhourhood of the City of Sydney for the purposes of a General Cemetery for burying the dead of all denominations of religious faith to be called “ The Necropolis” and it is expedient tha t the same should be vested in Trustees with p(;rpetual succession who shall have power to regulate the use thereof and to do and cause to he done all such acts m atters and things as may he requisite or proper for the preservation of such Cemetery and all huildings and erections thereon and of orna­ m enting the grounds thereof in a suitable m anner Be it thei'cfore enacted Trustees to be ap-

hy Ilis Excellency the Governor of New South "Wales with the advitte and consent of the Legislative Council thereof That after the passing of this Act Trustees not fewer than three in number to he appointed by the Governor for the time being of the said Colony and their successors to he appointed as hereinafter is provided shall have power to hold for Trustees may boui

ever all such lands as by H er Most Gracious Majesty the Queen may

be conveyed to them hy deed of grant from the Crown for such general	'	^ '
Cemetery as aforesaid upon such trusts as in the said deed of grant shall be declared and tha t thereupon the land so granted together with all erections tliereon and the rights easements and appurtenances to the same belonging shall he and become remain and continue vestt'd in the said Trustees and their successors in the said trust for cv('r upon the trusts iu the said deed of grant to ho declared and sul)ject to the provisions of this Act.

2. AVhereas hy a certain Act of the Governor and Council of New South AVales passed in the sixth year of the reign of His late Majesty King George tlie Eourth intituled “ An A ct fo r better regu- c Gcd	iv, No	21.
“ lating and iweserving and otlicr registers o f liirths diaptisms “ 3Iarrlages and Burials in New South JNales and its Dependencies ‘̂ including T'an Dienieti’s B and'’ \i \‘i other things enacted th a t no burial shall take place in any Burial G round within the limits of any town otherwise than in any Burial Ground wliich may be set apart for such ])urpose and which Burial Ground m ust he distant one mile at the least from any town or township And it is expedicait to except any land set a]>art lor the pur])oscs of this Act from the oj)cra-

tion of tlic said Act as respects the distance from tlie City of Sydniw Sect. lO n fc G c o . iv .

Be it enacted That nothing in tlie said Act contained shall be deemed Bmbii oiouiKi3''‘°

n — V O L . 3. to

1680 No. 11. i r VIC. 1847.

Sydney Necropolis.

within one mile of a to prevent tlic usc of aiiv land conveyed to the said Trustees for the

tiv^as” oland'se'r P̂ î’poscs of tliis Act notwithstanding tha t the said land or any part

apart for a Burial thcrcof may 1)6 within the distance of one mile from the boundaries of

Gronnd for Sydney,

The Governor to 3. And he it cnactcd That the Groveriior foi* the time being of nToWnglnŷ Tl'rstee the Colonv sliall liavc power from time to time to remove from the said and of appointing to tru s t any Trustee of the said Cemetery as and when he shall th ink "Vfl08<DC IC >5 ^ ^

■

proper and also upon the death resignation or removal of any Trustee

appointed under this Act to ayipoint another in his place and stead.

Trustees to have d. And he it cnacted That the Trustees of the said Cemetery power to lay out the shall have powci* to lav out the said land so to he granted as aforesaid crvonn/ia itt rnf* mncT J- «-

giUllJlU.9 ill LillC lllUoL • .| J_1 1 1

convenient manner	in such manlier as may be most convenient tor the burial ot tlie dead
waik7avenue7&c'''̂	emhellisli the same w ith such walks avenues roads trees and shrubs as may to them seem fitting and proper and to enclose the same w ith proper and sufficient walls rails fences palisades gates and entrances and to preserve m aintain and keep in a cleanly and orderly state and condition and cause to he so maintained and kept the whole of the said Cemetery and its walls and fences and all monuments tomb-stones enclosures huildings erections walls sliruhheries therein and belonging thereto and shall lay out and expend all moneys to be received hy them under this Act in and about the m atters aforesaid and in ornam enting the said Cemetery w ith trees shrubs and plants and in the erection of such buildings and improvements in and to the said Cemetery from time to time as they the said Trustees shall think proper.
Trustees to liave

power to make rules5. And be it enacted That the Trustees of the said Cemetery

and̂ V̂ uiatimis* ami sliall liavc powei’ and autlioi’itv to make such rules and regulations and

to do and perform all aiid ncrfoi’m and causG to hc doiic Biid performed all such acts

purposes of the

m atters and things as may he necessary or proper lor any oi the pur-

Cemetery.

poscs aforesaid and also for determining and directing the order and position of all graves and vaults to he made in the said Cemetery and for protecting the huildings monuments shrubberies plantations and enclosures therein and thereof from destruction or damage and shall have power to prosecute all persons who shall or may at any time do or cause to be done any damage to any such buildings monu-

Proviso Tiiat T in s -meuts tomh-stones shrubberies plantations or enclosures Pro-

o7o\hMwisrii]terfCT̂ nevertheless th a t the said Trustees shall not hy any rule or

with any religions regulation 01’ any act m atter or th ing at any time interfere directly

thrm^gî uils-**’ indirectly with the performance of any religious ceremonies in

tribntion of the land the hui’ial of the dead according to the usage of the communion

r̂ gionŝ denombâ 'to wliicli the deceased may have belonged or ivith the original

tions- distribution of the said land made or intended to he made hy

the grant thereof to and amongst separate and distinct religious denominations or communions Provided further tha t no' rite or ceremony shall he performed in any portion of such Cemetery set apart for any particular denomination except according to the usage of such denomination and hy a duly recognized M inister of the same.

Spiritual functions of G. Provided always and he it enacted That it shall and may be

dcLminatTon may l^^^ful for tlic M inisters of any denomination for which any portion of

be exercised without sucli Cemctei’y sliall bc Specially set apart to have free access and

hinderance by

Trustees.	admission to such portion of the said Cemetery at all times as they respectively shall th ink tit and freely to exercise their sjiiritual functions therein w ithout any hindcrance or disturbance of the Trustees of the said Cemetery or any person whatsoever.
Trustees to permit

vaults to be dug 7. And be it enacted That it shall and may bc lawful for the

aud monuments or	Trustees of the said Cemetery to perm it any vault to he dug and made
tomb-stones to be
erected on paym ent	in the said Cemetery and any monument or tomh-stone to bc erected
of oliarges.	or placed in such parts of the said Cemetery as they may think proper upon payment to them by the person or persons* desiring to dig and

make

1847. ir VIC. No. Jl. 1681

Si/diicy Nec7̂02)olis.

make sucli vault or to erect and place such monument or toml)-

stonc of sucli eliart>-cs as sliall from time to time bc established and

varied by the said Trustees with the conciimmcc and approval of -

l l is Excellency the Governor and published in the JVeio South JVolcs Govei'nment Gazette and th a t any person or persons so digging and m aking such vault or erecting and placing such monument in such Cemetery by and with such permission aforesaid and upon payment of the charges aforesaid shall bc entitled to have m aintain and keep up such vault monument or tomb-stone according to the terms of such permission to and for the sole and separate use of such jierson or persons and his and their heirs and near relations for ever Provided always th a t a plan of every monument proposed to be erected rio v iso T hat plans

and idaced shall be exhibited to the said I ’nistccs before such permis- '’f injm'iments be Sion as aioresaid is given and that ilie said Trustees shall bc at liberty to ImToit permission wdthhold such permission and prevent tlic erection of any monument

w hich sliall appear to them inapjiropriate or unhecoming and shall determine and hx the position of any unobjectionable monument wdiich may bo projiosod to bc erected according to the description size and character thereof having referenee to their general jilans for

ornam enting the said Cemetery in an appropriate m anner Provided rroviso Trustees

always tha t nothing herein contained shall bc deemed to prevent the to brb'uno(ffWo

said Trustees from allowing the burial of the body of any jioor person ofciiaigc.

in such Cmnctery free of any charge whatsoever.

8. And be it enacted That it shall bc lawful for the said Trus- Trustees may take

down and remove

tees to take down and remove any monuments cenotaphs tablets or iiionimicnts Vc.

other erection which shall have been erected or built contrary to the which are contrary

term s and conditions upon wdiich permission to erect or construct the

same was granted or in case such terms and conditions as w'cll as the

regulations of the said Cemetery shall not have been complied wdth.

9. And bc it cnacted That if any person or persons shall injuring monuments

w^antonly or wdlfullv do or cause to be done anv damage to anv momi- *':• a >nistiemcanor » O tz ITKVV 1)0 c o i l "

m ent vault tomb-stone building erection railing shrulibery tree or victed before any two

plant in the said Cemetery he shall bc guilty of a misdemeanor and

convicted thereof before any two or more Justices of tlie Peace of the City of Sydney (w ho arehcreliy authorized to hear and determine

in a summary iray any complaint thereof made by the said Trustees

.

or by any officer or servant employed by them in the said Cemetery) or by any jierson or persons to whom the burial place may belong shall be liable for every such offence to a penalty not exceeding twenty pounds or to bc committed by such Justices at their discretion to any gaol or house of correction in the said city there to remain for a reasonable time not exceeding three months and any person or jier- sons who shall do or cause to bc done any injury to any such monu­ m ent vault tomh-stone building erection railing shrulibery tree or plant whether the same shall liaA'C been done Avilfully or wantonly or otherAvise hoAvsocA'er shall he liable to pay a reasonable sum of money by AA'ay of damages and compensation therefor Avhich said sum of money shall be recoverable in the Supreme Court of the Colony or in the Court of llcquests in the Cit of Svdnev according to the amount of damage sustained cither at the suit of the said Trustees or by the person or persons entitled to any vault or monument or other such erection so injured under the provisions of this Act.

10. And bo it enacted Tliat tlic said Trustees shall and may Permission to bo

alloAV any body of Christians at their OA\m expense to erect and biiihl .a™'*' Avithiu such part of said Cemetery as shall bc specially set apart Aiortuarv Chmcii or for th a t denomination a suitable ]\Iortuary Church or Chapel for the

performance of the rites and ceremonies in the burial of the dead

according to the usages of such denomination ProA'ided th a t the Proviso T hat plan

plans spcciiications elevations and models with such lodges and other approved of by

buildings Xrustees.

1682 N o . 1 1 . ir YIC. 1847.

Syclnetj Necropolis.

buildings and conveniences thereto shall be first submitted for the

approval of the said Trustees and shall be approved by them.

Before burial is 11. And bc it cnacted That before any corpse shall be perm itted

mli“TbLI™sfied\hat^ ̂

interred in any vault brick grave or in any place of burial the be lawful for the said Trustees or any officer employed by them to require and they or ho shall he entitled to have produced to them or him satisfactory evidence th a t the person for the time being entitled as owner to the exclusive right of hurial or interm ent in such vault brick grave or other hurial place has consented or would not object to such interm ent taking place therein.

the owner of the

exclusive lig h t of burial or interm ent wherein shall liave been sold or

fhcreto'!''* consented	jjy	Trustees as a family or private burial place it shall
Mode of jD-oviding

against offenders. 12. And be it enacted That in all cases in which Justices of the Peace haA'e jurisdiction under the foregoing or other provisions of this hiAV it shall be lawful for any Justice of the Peace before Avhom com­ plaint on oath shall be made to summon before any two Justices the party complained against and on proof of the service of such summons it shall he lawful and they are hereby empowered to hear and determine in a summary Avay the m atter of such complaint and on proof of the offence to convict the offender and to adjudge him to pay a penalty or commit him to prison although no information in Avriting shall have been exhibited before such Justices and all such proceedings bv summons AAithout information in Avriting shall- be as good valid and effectual to all intents and purposes as if an information in writing had been exhibited Provided tha t in eA’ery such summons the general natu re of the complaint shall be succinctly stated.

Offenders may 1

arrested and de­

13. And be it cnacted That it shall be lawful for anyTru,stec or any ofllcer or servant of said Trustees and all such persons as he shall call to llis assistance to seize and detain any person aaJ i o shall commit or be in the act of committing an offence against this Act and Avhose name and place of abode shall be unknoAvn to such Trustee officer or servant and to convey him or her before some Justice of the Peace Avithout any other Avarrant or authority than this Act and in case such offender refuses to satisfy the said Justice as to his name and residence such Justice is hereby empoAvered and required either to proceed immediately to the hearing and determining the complaint in the same m anner as if heard by summons before tAvo or more Justices or to order such offender to he detained in custody until brought before tAvo or more Justices to bc dealt A\ ith in the ordinary course.

tained.

quarherfOT^vailt of ouacted That no proceeding in pursuance of this

form.

A ct shall be quashed for want of form or be removed by certiorari or

Certiorari taken

away.

by any other Avrit or process Avhatsoever into the Supreme Court or

other superior Court.

te c s ’r a c t 'b u t . ^ '" ' ' , enacted That it shall not be lawful for the said

meetings to bo'con- Irustccs to act uuless at a meeting to bc convened according to a rule w u ifn ffcrto '’be‘‘"™ adopted by them for such purpose and CA'ery such meeting shall

established.	bc presided over by the senior Trustee present such seniority being
Regulations as to	determined by the order in AÂ hich the respective names of such Trustees
jii oceedings a t such	shall stand in their commission or commissions of appointment and
meetings.	all questions m atters and things Avhich shall be discussed or considered at any such meeting shall be decided and determined by the majority in number of the Trustees then present ProAuded tha t the said Trustees shall not be competent to proceed to Imsiness unless there be at least three of them present and that a book be opened and kept in which shall be entered a ]\Iinute of the proceedings of the Trustees at every such meeting AA'hich M inute shall be read and confirmed at the next subsequent meeting and shall be signed by the Chairman who shall haA"e presided at the time such proceedings Avere held.

16,

1847. ir^ VIC. No. 12. 1683

Colonicd Distillation.

16. And bc it enacted That a book shall bc opened and kept by Tmsipc^ to keep

the said Trustees in Avliich shall bc entered a full and particular account in w ritiii”- of all sums of money which shall bc received and expended by the said Trustees and an abstract of such account made up from the first day of January to the thirty-first day of December both inclusive in the year next ])receding shall bc transm itted to the Colonial Secretary for the said Colony for the tim e being in the month of January in each and every year and shall be by him forthwith inserted and published in the New South IFules Govcriiment Gazette and every such account shall bc verified by a declaration to bc made Accounts tobc veri-

and subscribed by such Trustees in the form or to the clFcct pcquircd by a certain Act of the said Governor and Council passed in the n inth year of the reign of H er Majesty Queen Victoria intituled “ Au Act ‘‘‘‘fo r the more effectual aholition o f Oaths and Affirmations taken and “ made in carious departments o f the Gocernment o f New South JDales “ and to sid)stitute Declarations in lieu thereof and fo r the suppression “ o f roluntarij and extra-judicial Oaths and Affidavits'^ and any Justice of the Peace is hereby emjtowered and ret^uired to administer such declaration and if any Trustee or Trustees shall Avilfully make a falsc statem ent in any such declaration to any material m atter in such account he or they shall be deemed guilty of a misdemeanor.