Consecration of Churchyards Act, 1867

Exclusive right of burial in a portion of the land added to a churchyard may be secured to the giver thereof.

9. Whenever any land shall be so added to a consecrated churchyard, and such land shall have been the gift of any person, whether resident or not in the parish or ecclesiastical district in which such churchyard is situated, it shall be lawful for the giver of such land to reserve the exclusive right in perpetuity of burial and of placing monuments and gravestones in a part of the land so added, not exceeding [1 one sixth part] of the whole of the said land; and the part in which such exclusive right is reserved shall be shown and coloured on the plan endorsed on the instrument declaring or recording the consecration of the land added to the churchyard; and a memorandum in the form following shall be written on the said instrument, and signed by the incumbent and churchwardens of the parish or ecclesiastical district in which the same is situated :

We, A.B., [Rector, Vicar, or Incumbent,] and C.D. and E.F. Churchwardens, of             , declare the piece of land [here insert the description and measurement], and coloured              on this plan, to be the burial place of G.H., the giver of the land added to the churchyard of                 , his heirs and assigns.

Signed         A.B.,

C.D.,

E.F.,

in the presence of J.K.

Dated this              day of          .

And the memorandum so signed shall, after such land shall have been declared to have been consecrated, operate as an exclusive right in perpetuity in the land therein referred to; and the expenses of preparing and executing such memorandum shall be borne by the person by whom the reservation is made.

[1 Words in brackets substituted for “fifty square yards or one-sixth,” by 31 & 32 Vict. c. 47. s. 1.]