"A.D. 1884." 47 & 48 Vict. [Ch. 72.]

An Act for preventing the erection of Buildings on Disused Burial grounds. [14th August, 1884.]

Whereas an Act was passed in the session of Parliament holden in the fifteenth and sixteenth years of Her Majesty, chapter eighty-five, to amend the laws concerning the burial of the dead in the metropolis, and an Act was passed in the session holden in the sixteenth and seventeenth years of Her Majesty, chapter one hundred and thirty-four, “to amend the laws concerning the burial of the dead in England, beyond the limits of the metropolis, and to amend the Act concerning the burial of the dead in the metropolis”: And whereas, in pursuance of the provisions of the above recited Acts, numerous Orders in Council have been made for the discontinuance of burials in certain burial-grounds within the metropolis and elsewhere: And whereas it is expedient that no buildings should be erected on any burial-ground affected by any of such Orders in Council:

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows:

"Short title."1. This Act may be cited as the Disused Burial-Grounds Act, 1884.

2. "Interpretation clause Amended by 50 & 51 Vict. c. 32." In this Act a “disused burial-ground” shall mean a burial-ground in respect of which an Order in Council has been made for the discontinuance of burials therein in pursuance of the provisions of the said recited Acts.

3. "Amended by 50 & 51 Vict. c. 32." After the passing of this Act "No buildings to be erected upon disused burial-grounds for enlargement, etc." it shall not be lawful to erect any buildings upon any disused burial-ground, except for the purpose of enlarging a church, chapel, meeting-house, or other place of worship.

4. "Saving for buildings already sanctioned."Nothing in this Act shall prevent the erection of any building on a disused burial-ground, for which a Faculty has been obtained before the passing of this Act.

5. "Saving of burial-grounds already sold by Act of Parliament."Nothing in this Act contained shall apply to any burial-ground which has been sold or disposed of under the authority of any Act of Parliament.

And whereas it is expedient to confer further powers upon the Board for enforcing the due observance in the metropolis of the provisions of the Disused Burial Grounds Act, 1884:

56. "A.D. 1885.
Board to be the authority to enforce the Disused Burial-Grounds Act, 1884."The Board shall be and they are hereby constituted the authority for preventing the violation and for enforcing the due observance of the provisions of the Disused Burial-grounds Act, 1884, within the metropolis, and they may from time to time institute and prosecute all such legal proceedings and do all such acts, manners, and things as may in the opinion of the Board be necessary or expedient for preventing the violation by any person and for enforcing the due observance by all persons of the provisions of the said Act within the metropolis.

"A.D. 1887." [50 & 51 Vict.] Open Spaces Act, 1887.

An Act for extending certain Provisions of the Metropolitan Open Spaces Acts, 1877 and 1881, with Amendments, to Sanitary Districts throughout England, Wales, and Ireland; and for other purposes. [23rd August, 1887.]

"40 & 41 Vict. c. 35. 44 & 45 Vict. c. 34."Whereas by the Metropolitan Open Spaces Acts, 1877 and 1881 (herein called the principal Acts), certain facilities were provided for making available the open spaces and burial-grounds in the metropolis for the use of the inhabitants thereof for exercise and recreation, and it is expedient to provide facilities for making available open spaces and burial-grounds in all sanitary districts in England, Wales, and Ireland, for the like use of the inhabitants thereof, and to make other provisions for the "47 & 48 Vict. c. 72." purpose aforesaid, and also to amend the Metropolitan Open Spaces Act, 1881, and the Disused Burial-grounds Act, 1884:

Be it therefore enacted by the Queen’s most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

4. "Amendment of 47 & 48 Vict. c. 72." In the Disused Burial-grounds Act, 1884, and this Act, the expression “burial-ground” shall have the same meaning as in the Metropolitan Open Spaces Act, 1881, as amended by this Act, and the expression “disused burial-ground” shall mean any burial-ground which is no longer used for interments, whether or not such ground shall have been partially or wholly closed for burials under the provisions of any statute or Order in Council, and the expression “building” shall include any temporary or movable building.

11. "Power over open spaces already vested in sanitary authority." The Metropolitan Board^[10] or the sanitary authority may exercise all the powers given to them by the Metropolitan Open Spaces, 1881, or this Act respecting open spaces, churchyards, cemeteries, and burial-grounds transferred to them in pursuance of the said Act or of this Act in respect of any open spaces, churchyards, cemeteries, and burial-grounds transferred to them in pursuance of the said Act or of this Act in respect of any open spaces, churchyards, cemeterie, and burial-grounds of a similar nature which are or shall be vested in them in pursuance of any other statute, or of which they are otherwise the owners.

N.B. Clauses 2 and 3 in this Act, which also refer to burial-grounds, are incorporated in Appendix D.

In section one, the following words occurring in the definition of an “open space,” viz., “but shall not include any enclosed land which has not a public road or footpath completely round the same.”

In the same section, the following words occurring in the definition of a “burial-ground,” viz., “and in which interments have taken place since the year 1800.”

In the second paragraph of section five, the words, “but such Metropolitan Board,^[11] vestry, or district board shall not allow the playing of any games or sports therein.”