KlNGSTON AND ST. ANDREW (CEMETERIES) 1
THE KINGSTON AND SAINT ANDREW
ARRANGEMENT OF SECTIONS
1. Short title.
Cemeteries in Kingsfon and Sf. Andrew
4. May Pen, vested in the Corporation to be held as a cemetery.
5. Duties and power of the Corporation generally.
6. Assignment of portions of the cemetery to churches or wn-
I. Power to allot residue.
8. Boundary marks to portions assigned.
9. Power to churches to build chapels on portions assigned to them.
10. Who may perform burial services on the portions assigned
11. Formation of a fund to pay prties officiating under previous
12. Burial ground for Kingston.
13. Power to appoint a keeper and other officers and servants.
14. Power to sell rights of burial and rights to build vaults, moau-
15. Power to fix and receive and revise fees for burial and special
16. How fees and other moneys to be acoounted for.
17. Plan of the cemetery, what it shall show.
18. Restrictions as to burials, etc., on assigned portions, or where
19. Management of cemetery.
20. Power to Minister to make regulations and to give special orders.
ments, tablets, etc.
Book to be kept showing portions assigned. and special rights.
exclusive right of burial acquired.
me inclusion of this page is authorized by L.N. 480119731
2 KINGSTON AND ST. ANDREW (CEMETERIES)
21. Restrictions on removal of bodies interred.
22. Registry of burials.
23. Destroying or injuring register, or falsifying same, and analogous
offences, how punishable.
24. Expenses of carrying out the Act.
25. Power to advane moneys from Treasury.
Amunts as to same bow to be kept.
26. How accounts of cemetery to be kepf and audited.
27. Power to the Corporation to frame rules for certain purposes.
28. How penalties, etc., to be paid and applied.
Other Burial Grounds in Kingston and St. Andrew
29. Power to order discantinumm of burials in any burial plans in
30. Penalty on burials contrary to such orders.
31. The Corporation to keep in order burying places so closed.
Kingston and St. Andrew.
PART 11. Vesting of Abandoned Cemeteries
33. Part to apply to cemeteries disused for 20 years.
34. Minister to make provisional order.
35. Plan. etc.. of cemetery to be prepared and recorded.
36. Scheme for use of cemetery to be submitted U, Minister.
37. Scheme to be considered.
38. Approval or modification of scheme.
39. Final order.
40. Power to rescind final order.
41. Effect of final order.
42. Evidence of 6nal order.
[The inclusion of th is page is authorized by L.N. 480119731
KINGSTON AND ST. ANDREW (CEMETERIES) 3
42 of 1969
THE KINGSTON AND SAINT ANDREW
(CEMETERIES) ACT Arts
iI6Zh September, 1874.1 $,:;;2
1. This Act may be cited as the Kingston and Saint Shorttiflc.
Andrew (Cemeteries) Act.
2. In this Act- Interm
tation. ‘Corporation” means the Kingston and St. Andrew Cor-
poration, created by the Kingston and St. Andrew
“Corporate Area” means the Corporate Area as defined
by the Kingston and St. Andrew Corporation Act.
Cemeteries in Kingston and St. Andrew
“cemetery” means the cemetery or burial ground, and the
works connected therewith by this Part authorized to be
3. In this Part- Intcmre
4. The lands and hereditaments called May Pen, formerly M a y ~ c o .
vested in l h o
orporatioo situated in the parish of Saint Andrew and containing one
hundred and eighteen acres two roods and thirty-three
perches, and of the shape delineated and abutting as shown cemetery
in the diagram thereof, annexed to a certain deed of con-
veyance in trust, recorded in the Record Office, libro 903
folio 132, are hereby vested in the Corporation, to be held
and used as a cemetery for the parish of Kingston, and all
existing estates, interests, rights, uses, and trusts in any
way affecting the same are hereby determined.
~~ - _ _ -
~ ~ l u s i o n d ~ - ~ k ~ - & - ~ & L . N . 95js99n-
4 KINGSTON A N D ST. ANDREW (CEMETERIES)
& e ~ o r .
5.41) The Corporation shall enclose the cemetery by a
wall or railing or other fence of such material and dimen-
sions as shall be approved by the Minister and they shall
make all necessary and proper sewers and drains in and
about the cemetery for draining and keeping the same dry,
and may from time to time, as occasion requires, aker any
such sewer or drain, or open out any existing sewer.
(2) The Corporation may-
(a) provide fit and proper places in which bodies may
be received and taken care of previously to inter-
ment, and make arrangements for the reception
and care of the bodies to be deposited therein;
(b ) subject to the approval of the Minister, lay out and
embellish the ground of the cemetery in such man-
ner as they think fit;
(c) build on any portion of the cemetery, not specially
set apart as herein provided, a dwelling-house and
offices for the keeper thereof. And they shall keep
the cemetery and buildings and fences thereof in
proper repair and in good order and condition
out of the money to be received by them under
Assignment 6. Subject to the approval of the Minister, the Corpora-
tion on the application of any church or congregation, of portions of the
cemetewto made by a minister duly authorized to officiate in such
congrega- church or congregation, or recognized as such by the
religious community or society to which he belongs, or tlom.
by any body of trustees or other persons who may be
authorized to represent such church or congregation, shall
set apart a portion of the cemetery to be used as a burial
ground for purposes of interment according to the rites
of such church or congregation; and any portion so set
apart may be consecrated or dedicated according to the
rights of the church or congregation to which it shall be
KlNGSTON AND ST. ANDREW (CEMETERIES)
assigned, and shall be used only for burials according to
the rites of such church or congregation :
Provided that the portion of the ground which shall be
shown to the satisfaction of the Corporation to have been
consecrated by the Bishop of Jamaica in the year 1854,
shall be deemed to have been already set apart for buriaIs
according to the rites of the Church in Jamaica in the Pro-
vince of the West Indies.
7. The Corporation may from time to time allot such Powerto
allot portion or portions of the cemetery as shall not be set rcsldue
apart as aforesaid in such manner and in such portions
and for such purposes of interments as may be sanctioned
by the Minister.
marks, to be approved by the Minister, every portion of port,on3
the cemetery set apart for any particular church or congre-
gation, and shall from time to time repair and renew such
8. The Corporation shall define, by suitable boundary Boundary
9. It shall be lawful for the members of any church or Ponerta
congregation to build, on the portion of the cemetery bulldchapls
assigned to such church or congregation, a chapel for the 2,KZg
performance of burial service according to the rites of *em.
such church or congregation; or for the members of any
two or more churches or congregations to join in building
on a part of the cemetery, being within the portions or
one of the portions assigned to such churches or congre-
gations respectively, a chapel for the common use of the
members of such churches or congregations in the perform-
ance of burial service according to the respective rites of
such churches or congregations; and any chapel which may
be so built for the performance of burial service may be
consecrated or otherwise dedicated according to the rites
of the church or congregation, or of the churches or con-
gregations building the same :
[The mdusiun of ibis page 15 authorized by L.N. 480/1973]
6 KINGSTON A N D ST. ANDREW (CEMETERIES)
Provided that the plan and site of every such chapel
shall be subject to the approval of the Minister.
10. Any duly qualified person, being a minister of any
church or congregation, duly authorized to officiate in such
church or congregation or recognized as such by the reli-
gious community or society to which he belongs, and being
either elected to officiate in the cemetery by the members
of such church, or congregation attending any church,
chapel, or place for the performance of divine worship
within the parish of Kingston, or otherwise duly appointed
thereto according to the usages of such church or congrega-
tion, may either himself, or by such duly qualified person
as he may authorize, perform burial services according to the
rites of the church or congregation to which he beIongs
in the portion of the cemetery assigned to such church or
11. The Corporation may appropriate a portion of the
moneys to be received under this Part to form a fund for
the payment of such stipends, fees, or other remuneration
as the Minister shall approve of, to any person or persons
who may from time to time, under section 10 be authorized
to officiate in the performance of burial services in any
part or parts of the cemetery.
12. The cemetery shall be the burial ground of the parish
of Kingston, and the parishioners and inhabitants of the
said parish shall have the same rights of sepulchre in the
cemetery as they have heretofore had in the burial ground
of the said parish.
13. 'The CorDoration may aDDoint a keeper of the cema
of a fund to
Power to - _ - -
keewerand tery and other officers and servants necessary for the care
Other and servants. Officers and use of the cemetery, and may pay them such salaries,
wages and allowances as they may think fit, out of the
me inclusion of this page is authorized by L.N. 480119731
KINGSTON AND ST. ANDRLW (CEMETERIES)
moneys to be received under this Part and may remove them
or any of them at pleasure.
14. The Corporation, under such restrictions and con- Powerto
scll rightsof ditions as they think proper, may sell the exclusive right urml and
of burial either in perpetuity or for a limited period in
any part of the cemetery, and also the right of constructing monumenta.
any vault or place of burial, with the exclusive right of
burial therein in perpetuity or for a limited period, and
also the right of erecting and placing any monument,
grave-stone, tablet or monumental inscription in the ceme-
15. The Corporation may fix, settle, and receive such powerto
fees and payments in respect of interments in the cemetery rece,yc.
as they shall think fit, and also the sums to be paid for t & t r
the exclusive right of burial either in perpetuity or for a $ 2 2 d
limited period in the cemetery, and also for the right of nghts .
constructing any vault or place of burial with the exclusive
right of burial therein in perpetuity or for a limited period,
and also for the right of erecting or placing any monument,
grave-stone, tablet, or monumental inscription in the said
cemetery, and may from time to time revise or alter such
fees, payments, or sums as aforesaid, and a table of such
fees, payments, and sums. and all other fees and payments
in respect of interments in the cemetery, together with the
name or names of the person or persons authorized to
receive the same on behalf of the Corporation, shall be
printed and at all times kept conspicuously exhibited at or
near each gate of the cemetery.
16. The fees and all other moneys which shall be paid H ~ ~ K ~ ~
to the keeper or such other person or persons as the y';$yo
Corporation shall authorize by writing to receive the same, be afurunkd
and all fees and moneys collected shall be accounted for
8 KINGSTON AND ST. ANDREW (CEMETERIES)
and paid over to the Corporation in such manner and at
such times as the Corporation shall prescribe, and every
keeper or other collector of fees omitting so to account
or pay over such fees and moneys shall, for each day
during which such neglect shall continue, forfeit a sum
not exceeding one thousand dollars.
17. The Corporation shall cause a plan of the cemetery
to be made upon a scale sufficiently large to show the
situation of every portion of the cemetery set apart for
any particular church or congregation, and also the
situation of every burial place in which an exclusive right
of burial has been granted, and all such portions, so set
apart, shall be clearly delineated on the said plan, and
all such burial places shall be numbered. A book shall
be kept in which shall be entered the names and d&p-
tions of the churches or congregations for which such por-
tions shall be set apart respectively, and the names and
descriptions of the several persons to whom the exclusive
right of burial in any such place of burial has been granted
by the Corporation, and every place of burial with exclu-
sive right of burial therein, shall be marked out on such
plan, and a corresponding entry made in the said book,
and the said plan and book shall be kept in the office of
Plan of the
what i t
Book to be
18. No body shall be buried in any place wherein the
exclusive right of burial shall have been acquired under
this Part, except with the consent of the owner for the
time being of such exclusive right of burial, and no right
shall be acquired under this Part to bury, within the por-
tion of the cemetery assigned to any particular church
or congregation, the body of any person not entitled to
be buried in such portion according to the rites and usage
of such church or congregation, or to place any monument,
grave-stone, tablet, or monumental inscription respecting
any such body within such portion of the cemetery.
F e incIn6im of #& page is au(hmImd by L.N. 95/19971
KINGSTON AND ST. ANDREW (CEMETERIES) 9
19. The general management, regulation, and control E;$-
of the cemetery shall, subject to this Part, be vested in and cemetery.
exercised by the Corporation.
20. The Corporation may from time to time make such
regulations, in relation to the cemetery, and to places for tomake
the reception of bodies previous to interment, which may andtogive
be provided under this Part as to the Corporation may seem orders.
proper for insuring that all burials within the cemetery shall :9;.’”’
be conducted in a decent and solemn manner, and, for the
protection of the public health, and the maintenance of
public decency, and may from time to time order all such
acts to be done by such persons as may have the care of any
vaults or places of burial for preventing them from becom-
ing or continuing dangerous or injurious to the public health,
as the Cororation may think fit and all other persons having
the care of the cemetery, and of such places for the recep-
tion of bodies, such vaults or places of burial, shall conform
to and obey such regulations, and do or cause to be done
all acts ordered as aforesaid, and any such person who shall
violate or wilfully neglect to observe such regulations or to
obey such orders, shall, on summary conviction, forfeit and
pay any sum not exceeding ten thousand dollars.
3911995 s. 3.
21. It shall not be lawful to remove any body which Restriction#
on removal shall have been interred in the cemetery except by licence orhadies
under the hand of the Chairman of the Local Board ~$$j
of Health and with such precautions as the Local Board S. * (a).
of Health may prescribe as the condition of such licence; S. (b),
and any person who shall remove any body without
such licence, or who shall neglect to observe the precau-
tions prescribed as the condition of the licence for
removal, shall, on summary conviction of, be liable to pay 26,,993
for such offence a s u m not exceeding ten thousand dollars S. 2 k ) .
or in default of payment thereof to be imprisoned with or s.3.
without hard labour for a term not exceeding six months.
10 KINGSTOh' AND ST. ANDREW (CEMETERIm
Rem*Tyof 22. All burials within the cemetery shall be registered
in register books to be provided by the Corporation by
some officer appointed by the Corporation to that duty,
and such register book shall distinguish the part of the
cemetery in which the several bodies (the burials of which
are entered in such register books) are buried, and in case
portions of the cemetery shaU be set apart as aforesaid
to be the burial grounds of particular churches and con-
gregations respectively, such register shall be so kept and
indexed as to facilitate searches for entries in such books
in respect of bodies interred in the several portions SO set
apart, and such register books, or copies or extracts there-
from, shall be received in all courts as evidence of the
burials entered therein, and copies of transcripts of such
register books, verified and signed by such officer as afore-
said, shall be transmitted to the Registrar-General at sucb
times and in such manner, and shall be by him so kept
and recorded as required by law; and the said register
books, so far as respects searches to be made therein, and
copies and extracts to be taken therefrom, shall be subject
to the same regulations as are provided for by law, so far
as such regulations relate to register books of burials.
23. Every person who shall wilfully destroy or injure,
or cause to be destroyed or injured, any register book of
burials kept according to the provisions of this Part, or
any part or certified copy of any part of any such register,
or shall falsely make or counterfeit, or cause to be falsely
made or counterfeited any part of any such register, or
certified copy thereof, or shall wilfully insert, or cause to
be inserted in any register book, or certified copy thereof,
any false entry of any burial, or shall wilfully give any
false certificate, or shall certify any writing to be a copy
or extract of any such register book, knowing the same
to be false, or any part thereof, shall be guilty of felony,
and, being convicted thereof, shall be liable, to be hp r i -
soned for ten years with or without hard labour.
42"969 3rd SCB
@inclusion af this is authorized by L.N 95 119971
KINGSTON A N D ST. ANDREW (CEMETERIES) 11
24. The expenses incurred by the Corporation in carry- ~~~~~~~~~f
ing this Part into execution shall be chargeable upon and $ ~ ~ ~ g ' " ' *
Sch. paid out of the Corporation Rate.
25. The Minister may, upon application by the Corpora- Power 10
tion order that the whole or a n y part of the moneys moneysrram
required to be expended in the construction and main- Treasury.
tenance of any works by this Part authorized to be
constructed, shall be advanced to the Corporation by
the Accountant-General, in such manner, by such instal-
ments, and at such periods as the Minister shall think
fit, and the Accountant-General shall open and keep in Accountsar
the Treasury books a separate account with the Corpora- h ow 10 be
tion of the sums advanced, and of all interest thereon,
and payments or credits in respect thereof, and the
Corporation Rate fund shall be liable to the repayment of ~ 1 9 5 2
all such advances with interest thereon respectively at the
rate of five dollars per centurn per annum, which shall be
written up at the close of each financial year.
26. The Corporation shall keep a distinct account of all How
sums of money received and paid for the purposes of this as;;$::
Part, and such account shall be audited in the same manner be kept and
as other accounts of the receipts and expenditure of the
Corporation, and any surplus of the moneys raised under
this Part, and of the income of the cemetery provided by
means of moneys raised or paid under the provisions of
this Part, which may remain after payment of the expenses,
and moneys to be defrayed or paid under this Part, shall
be applied in aid of the Corporation Rate. Sch.
27.-(1) It shall be lawful for the Corporation from time Powerlathe
to time to make, alter, and rescind rules for the general ~ ; ~ ~ t i o n
management, regulation, and controI of the cemetery, :$?
and for the care and protection thereof. PUTpo8Co. --
fncluion dlbia mgaB nu&mizd WLN. 451 19911
etc.. to be
of burials in
KINGSTON AND ST. ANDREW (CEMETERIES)
(2) The power to make rules pursuant to this section
shall be subject to the provisions of section 223 of the
Kingston and St. Andrew Corporation Act.
(3) Any breach of any rule for the time being in
force shall be pmishable by a court of summary jurisdic-
tion by a penalty not exceeding ten thousand dollars, or in
default of payment thereof, by imprisonment for a period
not exceeding two months.
(4) If any damage be done by any person in breach
of any such rule he shall be liable to pay, in addition to such
penalty, the amount of such damage, or, in default of pay-
ment forthwith, to imprisonment for a period not exceeding
28. All penalties, damages, and other moneys recovered
under this Part, shall be paid to the Accountant-General
to the credit of the Corporation Rate.
Other Burial Grounds in Kingszon and St. Andrew
29. In case it shall appear to the Minister, upon repre-
sentation of the Central Board of Health, that for the pro-
tection of the public health, burials in any part or parts
of the parishes of Kingston and Saint Andrew or in any
burial ground or place of burial in the said parishes should
be wholly discontinued, or should be discontinued subject
to any exception or qualification, it shall be lawful for the
Minister to order that after a time mentioned in the order,
burials in such part or parts of the said parishes or in such
burial ground or place of burial, shall be discontinued
wholly, or subject to any exception or qualifications men-
tioned in such order, and so from time to time as circum-
stances may require:
Provided that notice of such representation shall be pub-
lished in the Gazefie, and shall be affixed on the doors of
the churches and chapels of the said parishes one calendar
month before such representation is considered.
-inclusion of Ibh pas4H aubhorizcd by L.N. SS/lW7l
KINGSTON AND ST. ANDREW (CEMETERIES) 13
30. It shall not be lawful, after the time mentioned in Penalwon
any such order for the discontinuance of burials, to bury arnmtc
the dead in any church, chapel, churchyard or burial place Orders
or elsewhere within the part or parts of the parishes of
Kingston and Saint Andrew or in any burial ground or
place of burial (as the case may be), in which burials have,
by any such order, been ordered to be discontinued, except
as in such order excepted, and every person who shall,
after such time as aforesaid, bury any body, or in any-
wise act or assist in the burial of any body, contrary to
this Part, shall be guilty of an offence, and shall, upon
summary conviction, be liable to pay a sum not exceeding
twenty thousand dollars, or in default of payment thereof to 3911m
be imprisoned with or without hard labour for a term not
exceeding one year.
31. In every case when any order by the Minister has n o
been issued for the discontinuance of burials in any church- to rccp
yard or burial ground of the said parishes, the Corporation burying
shall maintain such churchyard or burial ground in decent z!zso
order, and also do the necessary repair of the walls and
other fences thereof, and the costs of such maintenance
and repair shall be paid by the Corporation out of the
moneys to be received by them under the provisions of
Vesting of Abandoned Cemeteries
tntcrpw 32. In this Part- tation.
“cemetery” means any cemetery, burial ground or place of
burial within the Corporate Area whether or not an
order under Part I shall have been made for the dis-
continuance of burials therein but shall not include any
burial ground in which burials are confined to members
of a family, nor any Church, Chapel or other place used
as a place of worship, nor to the yard or burial ground
me hclusim of M s pageka~osb5by LN. 95/19!37l
R I G 3 9
14 KINGSTON A N D ST. ANDREW (CEMETERIES)
adjacent or attached to any Church, Chapel or place
of worship in actual use as Church, Chapel or place of
worship at the date of any application by the Corpora-
tion under section 33.
33. Whenever burials in any cemetery shall have been
wholly discontinued for a period of twenty years it shall
be lawful for the Corporation, after giving notice of its
intention so to do by publication in the Gazette and in at
least one daily newspaper circulating within the Corporate
Area once a week for not less than three months, to apply
to the Minister for an order directing that the provisions
of this Part shall apply to the cemetery mentioned and
described in the said publication.
34. The Minister, after consideration of the application
and of any objections or protest which may be made in
writing by or on behalf of any person within one month of
the appearance of the last of the advertisements directed
by section 33 may make an order (hereinafter called “a
provisional order”) directing that the provisions of this Part
shall apply to the said cemetery.
35. Within six months after the making of a provisional
order the Corporation shall cause a Commissioned Land
Surveyor to make an accurate survey of the said cemetery,
and to prepare a plan or diagram thereof to a scale of not
less than 100 feet to 1 inch showing thereon the correct
position of all tombstones or monuments distinguishing the
same by numbers or symbols and an accurate copy of all
legible inscriptions upon any of such tombstones or monu-
ments identifying the tombstones or monuments upon which
the same appear by the same numbers or symbols, and shall
cause such plan or diagram and copy of inscriptions to be
recorded in the Record OEce.
dG pagois authoriesd by L.N. 951 19971
KINGSTON A N D ST. ANDREW (CEMETERIES) 15
36. After such plan and copy of inscriptions shall have Schemefor
been duly recorded the Corporation may submit for the
approval of the Minister a scheme for the use and the 2:;-
management of the cemetery for some public purpose or toMinim.
37. Upon the submission of such scheme the Minister ~ d ~ ~ ~ b ~
shall 6x a date after which the scheme shall be taken into con5idcrcd.
consideration by him, and shall direct notice of such scheme
and date to be advertised and published in such manner
and served upon such persons as he may think fit, and the
Corporation shall cause such notice to be advertised and
published and served as directed.
38. After the date fixed as mentioned in section 37 here- A ~ P ~ ~ ~ P ~ or
modification of and upon being satisfied that the notice has been pub- ofrchcmc.
lished and served as directed, the Minister may approve
of the said scheme with or without modification, or may
require the Corporation to submit another scheme, and
may, upon the submission of such other scheme and after
such notice thereof (if any) as he may consider necessary,
approve the same with or without modification.
39. Upon such approval as mentioned in section 38 ~ d ~ k ~ .
hereof the Minister may make an order (hereinafter called
“a final order”) vesting the cemetery mentioned therein
in such person or body as he may think fit for the purposes
of such scheme as may have been approved as aforesaid,
40. The Minister shall have power, from time to time, powerto
upon the application of the Corporation, to rescind any finalorder.
existing final order and after such notice or advertise-
ment (if any) as he may deem necessary to make another
final order substituting another scheme and vesting the
cemetery in such person or body as he may think fit for the
purposes of such new scheme.
inclusion ofthis page is authorid by L.N. 951 199‘11
16 KINGSTON A N D ST. ANDREW (CEMETERIES)
ER cet of 41. Every final order shall vest in the person or body
mentioned therein the fee simple in possession of and in the
lands described therein as the cemetery upon trust for the
purposes of the scheme set out therein, and such estate
shall not be liable to defeasance except as may be mentioned
in the final order or by the making of another final ordeT
under this Part.
Esy$$f 42. The publication in the Gazette of a final order shall
be conclusive evidence that all the provisions of this Part
have been complied with and that the scheme is one
authorized by this Part.