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Where burial of person not belonging to United Church of England and Ireland takes place in burial ground of such Church, priest, &c. of other denomination may perform service. 1. Whenever any person who at the time of his or her death shall not have been a member of and in communion with the United Church of England and Ireland shall be buried, as of right, within any churchyard or graveyard the soil or freehold whereof shall be vested in any rector, vicar, or other incumbent, it shall be lawful for the priest or minister of the religious denomination to which such person shall have belonged at the time of his or her death, and he is hereby empowered, to attend such burial, and to read such prayers or perform such burial service at the grave in such churchyard or graveyard as is usual and customary at burials of persons belonging to such religious denomination; and any person wilfully obstructing such prayers or burial service shall be deemed guilty of a misdemeanor: Provided always, that such prayers shall not be read or such burial service performed either wholly or in part during the time of the celebration of divine service or any rite or ceremony of the said United Church or during the catechising or other instruction of children or young persons in the church or chapel to which such churchyard or graveyard belongs, nor within half an hour before the commencement or after the conclusion of any such celebration, catechising, or instruction, nor during the time at which the incumbent or minister of such church or chapel, or any other minister or other ecclesiastical person, shall be performing the burial service in such churchyard or graveyard, nor during the performance of any other burial service therein: Provided always, that nothing in this Act shall confer any right of burial where no such right already exists, or shall affect the rights or privileges of any ordinary, rector, vicar, or other incumbent.
© 1868 Crown Copyright
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