Consecration of Churchyards Act, 1867

4 & 5 Vict. c. 38.

12 & 13 Vict. c. 49.

School Sites Acts to apply to conveyances of land for enlargement of churchyards or burial grounds under this Act.

4. And whereas by the School Sites Act, 1841, and by the School Sites Act, 1849, powers are given to persons being seised in fee simple, fee tail, or for life of and in any manor or lands of freehold, copyhold, or customary tenure, and having the beneficial interest therein, to grant, convey, or enfranchise, by way of gift, sale, or exchange, in fee simple or for term of years, any quantity not exceeding one acre of such land as a site for a school; and it is expedient that the same powers should be extended to persons willing to grant land for the enlargement of churchyards or burial places in England or Wales: Be it therefore enacted, that the said Acts shall be deemed to apply to all persons desirous of granting land for the purpose of such enlargement, in the same way as if the said land had been granted as a site for a school: Provided nevertheless, that no such grant shall be made otherwise than in fee simple, and may be made in the form herein-after provided; and that every such grant made by any person seised only for life shall be valid without the concurrence therein of the person next entitled in remainder in fee simple or fee tail, and such conveyance shall be good and valid without any licence or writ of ad quod damnum, the Statutes of Mortmain, or any other statute or law, to the contrary notwithstanding.