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BURIAL (IRELAND) ACT 1868 - SECT 1

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.


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