Commentary

36 Discontinuance of burials and closing of disused burial grounds

BURIAL AND CREMATION vol 6(1)

36 Discontinuance of burials and closing of disused burial grounds

H: CLOSING OF BURIAL PLACES AND DISPOSAL OF LAND

36 Discontinuance of burials and closing of disused burial grounds

From the wording of the statutes relating to the acquisition of land for burial, as well as from the nature of the user, it is clearly contemplated that such land is to be used for burials forever, and where land has been consecrated, this presumption is strengthened by the legal effect of consecration, which is to set the land apart from all secular uses forever1. However, many Orders in Council have been made discontinuing burials in burial grounds of all kinds,

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