Kingston and St. Andrew (Cemeteries) Act

Link to law: http://www.moj.gov.jm/laws/kingston-and-st-andrew-cemeteries-act

KINGSTON AND ST. ANDREW (CEMETERIES)

THE KINGSTON AND ST. ANDREW (CEMETERIES) ACT

ORDER
(under section 15)

The Imperial War Graves Commission Order, 1932 O.N. 801132
Vl&
LN. 104160

R m s
(under section 27)

The Kingston and St. Andrew (Cemetery) Rules. 1947 L.N. 8/47
Q.N. 276151

372161
L.N. 49 192

ORDER
(under section 29)

The Kingston and Suburban District of Saint Andrew Cemetery L . N . ~ ~ ~ ~ ~ ~
Order. 1971 311171

ORDERS
(under section 34)

ORDERS
(under section 39)

- -.
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KINGSTON AND ST. ANDREW (CEMETERIES)

THE KINGSTON AND ST. ANDREW CEMETERIES ACT

ORDER
(under section 15)

(Made by the Governor on the 4th day of November, 1932) G:N. 801132
Vzde
L.N. 104160

1. This Order may be cited as the Imperial War Graves Commission
Order. 1932.

2. The fee of ten cents per annum fixed by the Council of the
Kingston and St. Andrew Corporation shall be the fee payable by the
Imperial War Graves Commission in respect of a memorial wall and
head stone erected in the May Pen Cemetery to perpetuate the mern-
ory of soldiers who have fallen in the Great War.

mhe inclusion of this page is authorized by L.N. 112L19781

KZNGSTON A N D ST. ANDREW (CEMETERIES)

THE KINGSTON AND ST. ANDREW (CEMETERIES) ACT

RULES
(under section 27)

THB KINGSTON AND ST. ANDREW (CEMETERY) RULES, 1947

(Made by the Corporation on the 10th day of December, 1945 and L.N. 8/47
approved by the Governor on the 26th day of February, 1947) "G%:276/(1

327161
L.N. 49/92

1. These Rules may be cited as the Kingston and St. Andrew
(Cemetery) Rules, 1947.

2. In these Rules, unless the context otherwise requires-
"authorized gate" means any gate leading into the cemetery for

the use of the public to which is attached a notice stating
that it may be used for such purpose;

"the cemetery" means the cemetery provided and maintained in
pursuance or intended pursuance of the Act;

"child or children" means a person or persons not exceeding
eight years of age;

"City Treasurer" means the City Treasurer of the Corporation;
"the Corporation" means the Kingston and St. Andrew Corpora-

tion;
"the Council" means the Council of the Corporation;
"grave" means a burial place formed in the ground by excavation

and without any internal wall or brickwork, concrete, stone-
work or other artificial lining;

"Keeper" means the Keeper of the cemetery;
"Town Clerk" means the Town Clerk of the Corporation;
"vault" includes underground burial places of every description

except graves to which the word "grave" interpreted as
aforesaid applies.

3. The Keeper shall subject to the directions of the Council have
the general care of this cemetery and the general superintendence,
management and control of all the officers and servants appointed and
employed in connection therewith; and shall be specially charged with
the maintenance of good order and cleanliness and of the observance
of due respect and decency at the cemetery.

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THE KINGSTON AND ST. ANDREW (CEMETERY) RULES, I947

and graves for children shall be of such depth and dimensions as, in
the discretion of the Keeper, may be found necessary in each particular
case, and no body shall be buried in a grave in such a manner as
to require or allow any part of the coffin containing the body to be less
than 4 feet below the level of the surface of the ground adjoining the
grave.

11. In the case of graves for children, the person presenting the order
to the Keeper shall furnish him with the measurement of the length
of the coffin, and, in the case of graves for adult persons of an extra
size in width, notice of the same shall be given to the Keeper at the
time of the delivery of the order.

12. The part shaded green in the plan of the cemetery shall be set
apart for the burial of persons not belonging to, or not claimed by
any religious community or society.

13. The exclusive right of burial in any part of the cemetery and the
right of constructing any vault or place of burial, with the exclusive
right of burial therein, and the right of erecting and placing any
monument, gravestone, tablet or monumental inscription, in the
cemetery, may respectively, be purchased at such price as may from
time to time be fixed by the Corporation with the approval of the
Minister. The purchaser of any such right shall upon payment of such
price take the same to himself, his heirs or assigns, in perpetuity,
subject to these Rules or to any rules that may hereafter be lawfully
made under the Act or any enactment in amendment or in substitution
of the same.

14. All grants of such exclusive rights of burial in the cemetery shall
be made with respect to certain lots of ground. A lot shall comprise
a piece of land 10 feet by 9 feet and a half lot shall comprise 9 feet
by 6 feet and no one shall be at liberty to purchase any exclusive
right of burial with respect to less than one of such half lots.

15. The purchaser of every lot shall within 6 months after the
purchase of such lot either enclose the same with a wall or railing
or both in accordance with a plan and specification approved by
the Council or shall within the same time place stone blocks or
brick borders or other appropriate permanent marks to designate the
exact boundaries of the lot purchased.

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THE KINGSTON A N D ST. ANDREW (CEMETERY) RULES, 1947

4.-(i) The cemetery shall each day, including Sundays, Good Friday,
Christmas Day and public general holidays, be opened to the public
at 6 o'clock in the forenoon and be kept open until 7 o'clock in the
afternoon provided, however, that in urgent cases for burial and for
other special circumstances the cemetery may be opened earlier than
6 o'clock in the forenoon or closed later than 7 o'clock in the after-
noon.

(ii) Every person who, except with the permission of the Keeper
or in pursuance of some lawful duhy, shall be within the cemetery at
any time between 7.30 o'clock in the afternoon of one day and 6 o'clock
in the forenoon of the succeeding day shall be gulity of an offence
against these Rules.

5. All applications for interments shall be made to the Town Clerk
at his office and every such application shall be made by the applicant
filling up and delivering to the Town Clerk a form to be supplied by
the Town Clerk whereon the applicant shall write or cause to be
written the name in full, place of birth, residence (with the name of
the street or lane, and the number if any, of the house) sex, age
and cause of death of the person to be interred together with the
religious denomination to which such person belonged and also whether
such person was married or unmarried.

6. On the application being duly made and the proper fees thereon
being paid the Town Clerk shall deliver to the applicant an order on
the Keeper for the preparation of the grave.

7. Except in cases of emergency, orders for the preparation of graves
shall be left at the office of the Keeper, five hours at least before the
hour fixed for the interment.

8. All interments shall be subject to the payment of such fees as
may from time to time be h e d by the Corporation with the approval
of the Minister.

9. The space appropriated to each separate grave shall be not less
than 9 feet by 4 feet except in the case of graves for children in which
case it shall be left to the discretion of the Keeper to determine on
the space to be appropriated in each particular case.

10. All graves for adult persons shall be dug to a depth of 5 feet at
the least, and shall be 7 feet in length, and 2 feet 6 inches in width,

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THE KINGSTON AND ST. ANDREW (CEMETERY) RULES, 1947

(b) with good cement; or

(c) with good cement mixed with clean sharp sand.

20. Every person who, in any part of the cemetery, buries a body
in a vault shall, within a period of twenty-four hours after the
deposit in the vault of the coffin containing the body, cause the coffin
to be wholly and permanently embedded in and covered with a layer
or layers of good cement ooncrete, not less in any part than six
inches in thickness, or to be wholly and permanently enclosed in a
separate cell or receptacle which shall be constructed of slate or stone
flagging not less than two inches in thickness properly jointed in
cement or of good brickwork in cement and in such a manner as to
prevent as far as may be practicable the escape of any noxious gas
from the interior of the cell or receptacle.

21. The proprietor of each lot shall have the right to plant and
cultivate trees, shrubs and plants on the same; but no tree growing
within the lot or border shall be cut down or destroyed without the
consent of the Keeper.

22. If any tree or shrub situated on any lot or on the space appro-
priated to any grave shall by means of its roots, branches or otherwise
become injurious or detrimental to any adjacent lot, grave, pathway
or avenue or inconvenient to passengers or shall obstruct or mar the
effect and beauty of the cemetery, it shall be the duty of the Keeper
or other officers or servants under his direction to enter the said
lot and remove the said tree or shrub or such parts thereof as are
injurious, detrimental, unsightly or inconvenient as aforesaid.

23. Where an exclusive right of burial in a particular lot in the
cemetery has been sold by the Council the exercise of such right shall
be restricted to the burial of the proprietor or members of his family.
No proprietor of any such lot shall permit or suffer an interment to
be made in his lot of the remains of any person not being a member
of his family.

24. No transfer or assignment of any right with respect to any lot
or of any part thereof or of any interest therein, other than by devise,
shall be valid unless and until the consent in writing and under the
seal of the Corporation shall have been endorsed upon the document
of transfer or assignment and the same shall have been filed and
registered as hereinafter provided.

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THE KINGSTON A N D ST. ANDREW (CEMETERY) RULES, 1947

16. (a) Every person proposing to enclose any lot or to erect or
place any tomb, monument, gravestone, tablet or monumental inscrip-
tion on any lot or grave shall submit to the Corporation in duplicate
a plan and an exact specification of what is proposed to be erected
and the Comcil may-

(i) approve of such plan or specification as submitted; or
(ii) cause the same to be amended and approve of the

plan and specification as altered; or

(iii) if of opinion that what is proposed is unsightly, un-
suitable or likely to be flimsy or unstable refuse to
approve the plan or specification.

(b) A copy of the plan and specifications endorsed with the
decision of the Council and signed by the Town Clerk shall be delivered
to the applicant and shall be produced to the Keeper of the cemetery
on demand at all times during the performance of the works specified
therein.

17. No person shall erect in the cemetery any wall, fence, railing,
tomb, monument, gravestone, tablet or monumental inscription unless
a plan or specification shall have been approved by the Council and
except in exact accordance with the approved plan and specification
and the Council may cause to be removed any fence, railing, tomb,
monument, gravestone, tablet or monumental inscription erected with-
out such approval or otherwise than in accordance with such approval
and may recover from the person erecting the same the cost of such
removal.

18. On presentation to the Keeper of the receipt of the Town Clerk
for the sum paid for the purchase of the exclusive right of burial in
any lot of ground, or for the right of constructing any vault or place
of burial, or for the right of erecting or placing any monument, grave-
stone, tablet, or monumental inscription in the cemetery, the Keeper
of the cemetery shall cause the lot of ground to be measured and
marked out, or shall permit the construction or erection to be com-
menced or proceeded with, upon the spot indicated in such receipt.

19. Every person who, in any part of the cemetery, causes a vault
to be built for use as a burial-place, shall cause the vault to be
enclosed with walls constructed of good bricks, stone or other hard
and suitable material, properly bonded and solidly put together-

(a) with good mortar compounded of good lime and clean sharp
sand or other suitable material; or

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THE KINGSTON A N D ST. ANDREW (CEMETERY) RULES, 1947 11

31. No gardener employed by a proprietor of a lot shall be permitted
to work in the cemetery unless and until he obtains a licence card
from the Keeper.

32. The Keeper may issue licence cards to only such gardeners as
satisfy him by proof in writing of their employment by a proprietor
of a lot.

33. Every gardener employed to a proprietor of a lot shall while
in the cemetery and whenever required so to do by an officer of the
cemetery produce his licence card for inspection.

34. All rubbish or litter resulting from the work of a gardener shall
be removed by him immediately to a place of deposit provided for
such purpose.

35. No officer or domestic servant appointed or employed in con-
nection with the cemetery shall be interested directly or indirectly in
any business connected with the enclosure of lots, the building of
vaults or the erection of monuments, tombs or sepulchral structures.

36. No person shall smoke in the cemetery grounds or sit on any
tomb or leap or climb over any enclosure or write on any monuments
in the cemetery.

37. No person shall pluck, take away or remove any flower plant or
shrub or take away or remove any vase or any other article whatever
from the cemetery without the permission of the Keeper.

38. No dog shall be permitted in the cemetery nor any waggon or
cart unless by the permission of the Keeper and all goats and pigs
found within the cemetery shall be impounded or destroyed.

39. Vehicles driven into the cemetery whether attending funerals or
otherwise shall keep to the roads and the drivers thereof shall be
subject to all reasonable orders and directions of the Keeper. Drivers
of animal drawn vehicles shall not leave the same unattended while
in the cemetery.

40. No person may enter or leave the cemetery save through an
authorized gate.

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THE KINGSTON A N D ST. ANDREW (CEMETERY) RULES, 1947

25. The document of transler or assignment (other than by devise)
of the rights with respect to any lot shall be executed in duplicate
and the execution thereof shall be acknowledged or proved by the
subscribing witness before a Justice of the Peace in the same manner
as in the case of deeds executed in this Island and a duplicate thereof
shall be filed with the Town Clerk and shall be registered in the
books of the cemetery.

26. On the devolution by descent or devise of the rights with respect
to any lot the heir or devisee shall within five years after such devolution
give notice thereof in writing to the Town Clerk and shall furnish
proof of such devolution whenever required in writing so to do by
the Town Clerk. Should the heir or devisee fail to give the notice
provided in this rule or to furnish such proof as may be required of
him then the right to or interest in such lot shall revert to the Cor-
poration. The Town Clerk shall cause every such notice received
by him to be registered in the books of the cemetery.

27. Upon each transfer or devolution of the rights with respect to
any lot the person applying to have the same registered shall pay to
the City Treasurer such fee as may from time to time be fixed by the
Corporation with the approval of the Minister and no such transfer
or devolution shall be registered until such fee shall have been paid.

28, Upon the receipt given by the City Treasurer for the price paid
for the purchase of the exclusive right of burial in any lot of ground
there shall be printed rules 23, 24, 25 and 26.

29, (i) All workmen employed to enclose lots, construct vaults, erect
monuments or tombs, or to perform any other task in the cemetery
shall at all times be subject to the control and direction of the
Keeper. Masons and stone cutters shall, for the protection of the
paths in the cemetery, lay planks on such paths over which heavy
materials are to be moved.

(ii) Every workman who contravenes any of the provisions of
paragraph (i) shall be expelled from the cemetery and thereafter pro-
hibited from working therein.

30. Every workman shall upon completion of the work on which
he was engaged, clean the area within which he was working of all
scraps of material and rubbish and remove such scraps and rhbbish
to such place as shall be provided for the purpose.

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THE KINGSTON AND ST. ANDREW (CEMETERY) RULES, 1947

SCHEDULE

Fees

For the righk t6 erect or comtutnuut-
Adult vault ... ...
Child vault .. . ...
Addt gram . . . ...
Ohild grave ... ...
Tomb ... .. . ...
IMa~lsoleum or Monument ...
Double-dep~h vault

For the rigbit to reserve-
a grave (f hot) ... ...
a tat ... ... ...

(Rule 43)

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THE KINGSTON A N D ST. ANDREW (CEMETERY) RULES, 1947

41. Except for purposes of exhumation no grave shall be reopened
within a period of fourteen years after the date of the burial of a
body therein.

42. Every person who shall obtain from the Minister a licence for
the removal of any body which shall have been interred in the
cemetery shall-

'(a) deposit with the Town Clerk a copy of the licence together
with an application in writing stating the date of interment
and the exact position in the cemetery where the body was
buried and requesting that a date and time be fixed for the
removal of the body;

(6) pay to the Town Clerk at the time of depositing the applica-
tion the sum of $12.00;

(c) not without the written approval of the Keeper remove the
body except at the time fixed for the purpose by the Town
Clerk.

43. The fees mentioned and set out in the Schedule shall until
altered or varied by the Corporation with the aproval of the Minister
be the fees payable and shall be paid at the time of the application
in each particular matter to the City Treasurer.

44. The Keeper shall require any person offending against these
Rules or offending in any other manner against good order or
decency immediately to quit the cemetery and in the event of any
such person refusing or neglecting so to do he shall cause such person
to be forthwith removed from the cemetery.

45. A copy of these Rules printed in legible type shall be posted
in a conspicuous place at the office of the Corporation and also at
or near each gate of the cemetery.

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KINGSTON AND ST. ANDREW (CEMETERIES)

THE KINGSTON AND ST. ANDREW (CEMETERIES) ACT

ORDER
(under section 29)

(Made by the Minister on the 1st day of July, 1971) L.N. 287171
Amd :
L.N. 311171

1. This Order may be cited as the Kingston and Sub-Urban District
of Saint Andrew Cemetery Order. 1971.

2. From and after the 1st day of July, 1971. burials in the parish
of Kingston and in that part of the parish of Saint Andrew which
is by the Kingston and St. Andrew Corporation Act defined as the
Sub-Urban District of the said parish, shall be discontinued except
in such cemeteries as are set out in the Schedule, and in such areas of Schedule.
the King George VI Memorial Park as defined by section 2 of the
King George VI Memorial Park Act, as may from time to time
be reserved by the Council of the Kingston and St. Andrew Corpora-
tion for the burial of distinguished persons.

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THE KINGSTON AND SUB-URBAN DISTRICT OF SAINT ANDREW
CEMETERY ORDER, 1971

SCHEDULE, contd.
Owner or

Religieoue Body
in Occupation Name Boundaries

Bedwardites

Anglican Church

North by premises of Charles
Shea, south by premises of
Simon Mattick, east by road-
way, wzst by Mona lands.

North by premises of Gilbert
Smith, south by premises of
Dorabell White. east by
roadway, west by Kingston
and St. Andrew Corporation
lands and premises of Dora-
bell White.

North by St. John's Lane,
south by 3 Mannings Hdl
Road, east by Mannings Hill
Road, west by St. John's
Lane.

North by 54 Mannings Hill
Road and 3 and 5 Glenn
Lane, south by 48 and 50
Mannings Hill Road and
open lot, east by 6 Glenn
Lane, west by Mannings Hill
Road.

North by Molynes Road, south
by Ambrook Lane, east by
Old Court House, P.W.D.
premises and 6, 8, 10, 12
and 14 Hagley Park Road,
west by 1 Molyn-s Road and
part of 3 Molynes Road.

10. August
Town
Cemetery

August Town,
St. Andrew

August Town,
St. Andrew

11 st. Cyp-
rim's
Cemetery

7 Mannings Hill
Road, St.

12. St. John's
Cemetery

Anglican Church

Andrew

52 Mannings Hill
R'oad, St.
Andrew

Church of God 13. Church of
God
Cemetery

Halfway Tree Anglican Church 14. St. An-
drew's
Parish
Church
Cemetery

Constant Spring
Road

Baptist Church 15. Mamby
Park
Cemetery

North by premises of Erica
Perry, south by premises of
Ralph Lewis, Cyril Thomas,
Larry Lowe and Daniel
Gordon, east by church
lands, west by premises of
Allan Davis.

North by Brentford Road,
south by church lands, east
by Slipe Road and the back
of adjoining premises to cor-
ner of Slipe and Brenfford
Roads, west by church lands.

35 Slipe Road,
St. Andrew 16. Torrington Church

Christian Church
in Jamaica

Christian Church North by Hope Road, south
by lot situated between Nos.
69 and 71 Lady Musgrave
Road, 71 and 73 Lady
Musgrave Road, 10 and 12
Malvern Road and the lot
adjoining 10 Malvern Road.

49 Hope Road 17. King's Gate
Christian
Church
Cemetery

Kingston and
St. Andrew
Corporation

North by the sea, south by
the main road, east by the
Naval cemetery, west by
Parochial Lands.

Port Royal

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THE KINGSTON AND SUB-URBAN DISTRICT OF SAINT ANDREW
CEMETERY ORDER, 1971

SCHEDULE (Paragraph 2)

Owner or
Religious Body
in Occupation Address Boundaries -- Name -

1. Elletson Rd.
Jewish
Cemetery

North by Pine Street, south
by Windward Road, east by
part of la Windward Road,

, west by Elletson Road.

la Windward Rd.,
Kin,gston

United
Congregation
of Israelites

2. Jewish
Cemetery

Orange Street,
Kingston

North by 1596 Orange Street,
Joyceville, and 1. 3 and 5
Altonvilla Road, south by
Calabar Avenue, east by
Orange Street, west by Slipe
Pen Road.

United
Congregation
of Israelites

3. St. Patrick's
Cemetery

153 Windward
Rd., Kingston

North by 1 Wareika Road and
8, 8~ and 8~ St. Patrick's
Road, south by St. Patrick's
Church Yard, east by Ware-
ika Road, west by St. Pat-
rick's Church.

Anglican Church

4. Roman
Catholic
Cemetery

Lyndhurst Rd.,
St. Andrew

Roman Catholic
Church

North by Lyndhurst Road,
south by Corporation Poor
House Cemetery Lands, west
by Greenwich Park Road.

5. May Pen
Cemetery
and that
part of
Bumper
Hall used
as a Ceme-
tery

6. Chinese
Cemetery

Spanish Town
Road

Kingston and
St. Andrew
Corporation

North by Spanish Town Road,
south by Jamaica Govern-
ment Railway, east by King-
ston Pen Maragh, west by
part of Bumper Hall Hosr,~-
tal and Greenwich Farm
Lands.

Chinese
Benevolent
Society

19 Waltham
Park Road

North by Crescent Road and
31 Waltham Park Road,
south by 13f to 17 Waltham
Park Road, east by Waltham
Park Road, west by 225
Spanish Town Road.

7. Shortwood
congrega-
tional
Church
Cemetery

Congregational
Church

48 Shortwood
Road. Saint
Andrew

North by Markland Lane,
south by church lands, east
by premises of Herbert
Walker, west by church
lands.

Roman Catholic
Church

8. Alvernia
Cemetery

North by church lands, south
by church lands. east by
church lands, west by church
lands.

16 Old Hope
Road

Methodist
Church

9. Wesleyan
Methodist
Cemetery

132 Hope Road,
St. Andrew

North by Hope Road, south
by church lands, east by
134 Hope Road, west by
130 Hope Road.

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