diseases from being brought into churches under the control of such ecclesiastical authority and situated within the municipality. While such prohibition is in force, the bodies of persons who Conveyance have died of such diseases shall be conveyed directly from the direct to house to the place of interment. 51-52 V., c. 48, s. 9. place of burial. authorities. 3468. In the absence of such proclamation, the local or dio- Rights of the cesan ecclesiastical authority may, at any time, forbid the ecclesiastical bringing of corpses into the churches, under the control of such ecclesiastical authority, when it deems that the bringing of such corpses into the churches may be prejudicial to the public health. 51-52 V., c. 48, s. 10. 3469. Any person having in his possession or custody any Clothes of clothes or linen, used by any one attacked by epidemic typhus, sick persons asiatic cholera, small-pox, or typhoid fever, scarlet fever, diphtheria or measles, shall, without delay, burn the same or disinfect them according to the directions of the Provincial Board of Health. 51-52 V., c. 48, s. 11. 3470. Any person committing any infraction, or contri- Penalty. buting to the commission of any infraction of any of the provisions of this subsection, shall incur a penalty not exceeding three hundred dollars, which shall be recoverable with costs, within the ensuing six months, by suit before the Circuit Court of the district or before any other competent court of civil jurisdiction. Whosoever shall take the proceedings, the penalty shall belong to the Government. 51-52 V., c. 48, s. 12. 3471. The Lieutenant-Governor may, by proclamation, Other diseas declare that articles 3463, 3464, 3465, 3467, 3468, 3469 and 3470 es declared shall apply, throughout the whole Province or in certain localities epidemic. only, to any other disease which he shall mention in such proclamation, and which, according to the report of competent persons, he shall deem to possess a dangerous or epidemic character. 51-52 V., c. 48, s. 13. 3472. In any new parish the site for the cemetery shall be Cemeteries chosen, as much as possible, beyond the probable limits of the in new parishes town or village, on elevated land inclining in a direction oppo- where to be site to the site of the dwellings, so that drinking water shall situated. not be contaminated by its drainage. The same rule shall also be applied in parishes already established where a removal of the cemetery is to be made. 51-52 V., c. 48, s. 14. . 3473. When any disease is epidemic in any local munici- Medical inpality, the council of such municipality may appoint one or spectors. more physicians as medical inspectors, to establish the causes of death of any person who shall have died of such disease. Notice shall be given of the appointment of such medical Notice of ment. their appoint- inspectors in the municipality, in the same manner as notices respecting the ordinary affairs of the municipality. 51-52 V., c. 48, s. 15. Order required to bury before the 24 hours. Case where there is no medical inspector. Continuation to bury in cemeteries may be prohibited. 3474. After such notice, the burial of any person who has died of such disease in the municipality shall not be performed before the expiration of the usual delay of twenty-four hours, without the order of the medical inspector, or of one of them, if there be more than one, under pain of the penalty imposed by article 3459. 51-52 V., c. 48, s. 15. 3475. In the absence of a health officer or inspector appointed by the council, when a disease is epidemic, the order for the burial, before the expiration of the delay of twenty-four hours, of persons who have died of such diseases, may be given by the curé or officiating minister of such persons and one municipal councillor, or by two municipal councillors in the absence of the curé or minister. 51-52 V., c. 48, s. 16. 3476. The superior or diocesan ecclesiastical authority may, whenever deemed desirable in the interests of decency or of the public health, prohibit interments in any cemetery or church under its control, under the penalty imposed by article 3470. 51-52 V., c. 48, s. 17. SECTION II. "Cemetery." Churchwardens." Order for inter given by a judge of Superior Court. DISINTERMENTS. $1.-Interpretative Provisions. 3477. In this section the expression "cemetery" shall apply to any portion of a cemetery to be removed; and the words church-wardens" shall include any officers of a church or congregation having the management of its cemetery, by whatever name they may be known. 51-52 V., c. 48, s. 27. $2.-Procee lings for Disinterments. 3478. On a petition being presented to any judge of the leave to dis- Superior Court, either in term or in vacation, by any person praying for leave to disinter a body or bodies buried in any church, chapel or cemetery, with a view to the erection, repair or sale of a church, chapel or cemetery, or with a view to re-interment of the said body or bodies, in another part of the same church, chapel or cemetery, or with a view to the reconstruction or repair of the tomb or coffin in which a body has already been buried, and indicating, in the case of a proposed removal of any body or bodies, the part of the same church, chapel or cemetery, to which it is proposed to effect the removal, and, on proof being made on oath to his satisfaction of the truth of the allegations contained in such petition, such judge may order, or permit, that the body or bodies shall be disinterred as prayed for. 2. Such order, sealed with the seal of the Superior Court, Such order to be sufficient and signed by the prothonotary, being duly served upon or authority for presented to the person owning or having the legal charge or such disintercustody of such church, chapel or cemetery, shall be a sufficient ment. authority for the disinterment prayed for, and shall hold harmless every person concerned or taking part in any such disinterment. 51-52 V., c. 48, s. 19. contagious 3479. The body of any person who died of a contagious In case of disease shall not be disinterred until after the expiration of five death from years from the interment of such body or of such period as may disease. be fixed by the Provincial Board of Health. 51-52 V., c. 48, s. 21. be moved 3480. Whenever it is determined by competent ecclesiastical Bodies may authority to remove an old cemetery, or to open a new cemetery, from an old within any parish or mission, any judge of the Superior Court to a new may, on a petition being presented by the parish priest or mis- cemetery, permission sionary, and by the majority of the church-wardens of the being obtainchurch or congregation to which such old cemetery belongs, ed from a or to whose use it is applied, grant them permission to cause or to allow all or any of the bodies buried in such old cemetery to be removed to such new cemetery. 51-52 V., c. 48, s. 22. judge. wardens to removed. 3481. Such parish priest, minister or church-wardens, as Parish priest the case may be, shall cause a register to be kept of all bodies or churchremoved from such old cemetery, shewing, as far as may be keep a regispossible, the names and surnames of the deceased whose bodies ter of bodies are so removed, and also the names and surnames of those who applied for such removal, or shewing that they were removed by order of such priest, minister or missionary, and of the churchwardens of such church or congregation. 51-52 V., c. 48, s. 23. 3482. Such register shall be certified by such priest, minister Register to be or missionary ministering to the church or congregation to certified. which such old cemetery belongs. 51-52 V., c. 48, s. 24. ment to be 3483. No application, made to any such priest, minister or Application missionary, or to any such church-wardens, for the removal of for disinter any particular body, shall be granted, unless accompanied by accompanied an affidavit as required by article 3478. 51-52 V., c. 48, s. 25. by affidavit. 3484. Such affidavit may be sworn to before a judge or How the afficommissioner for receiving affidavits, or before the priest, minister davit shall be or missionary, or before any of the said church-wardens, all of sworn to. whom are hereby empowered to administer the requisite oath. 51-52 V., c. 48, s. 26. 3485. Before proceeding to any disinterment in any Roman Permission of Catholic church, chapel or cemetery, under this section, permis- ecclesiastical sion to that effect shall also be obtained from the superior authorities required in ecclesiastical authority of the diocese, in which the same is certain cases. situate. 51-52 V., c. 48, s. 20. CHAPTER FIFTH. GOOD ORDER IN AND NEAR PLACES OF PUBLIC WORSHIP, AND SECTION I. "Church." Church-war prosecute offenders. GOOD ORDER IN AND NEAR CHURCHES. $1.-Interpretative Provisions. 3486. In this section, the word "church" means any church, chapel or other building or place used for public worship. C. S. L. C., c. 22, s. 1. §2.-Duties of Church-Wardens. 3487. It is the duty of the church-wardens in office in each dens to main- parish or locality in the Province, under a penalty of not less tain good order, and to than two dollars, and not exceeding eight dollars for every neglect or refusal to perform the duties so imposed upon them by this section, to maintain good order in and about the church of such parish or locality, as well within as without such church, and in the public-hall attached or adjacent to the parsonage house or presbytery, as also in the roads and publie places adjoining the same, and to enforce this section, and to prosecute offences committed against the same. C. S. L. C. c. 22, s. 2. Persons caus ing disturb ance or behaving irre arrested by church wardens. 3488. Any person who causes any disturbance in the church, in any parish or locality, during divine service, or in any wise indecently or irreverently conducts himself in or verently to be about such church, or resists the church-wardens, or any person in the execution of the duties imposed on him by this section, or insults them or any of them, shall be forthwith arrested by any of the said church-wardens, or by any constable or peace officer, and be conducted before a justice of the peace; and upon the oath of any such church-warden, constable or peace officer, or of any one credible witness, that such person has caused any such disturbance, or conducted himself indecently or irreverently, or otherwise misdemeaned himself as aforesaid, or on confession of the offender,the said justice of the peace shall fine such person in a sum not exceeding eight dollars, or less than one dollar, and, if such person be unable forthwith to pay such fine, he shall, by warrant under the hand and seal of such justice of the peace, be committed to the common gaol of the district where the offence was committed, there to remain for the space of fifteen days, unless such fine be sooner paid. Penalty. about 2. Any person who remains or loiters without any such Persons church or place used for public worship, or in the highways and loitering in or public places adjacent thereto, or in the public-hall attached or churches to be adjacent to the parsonage house or presbytery, or who so arrested. remaining or loitering without the said church, or in the highways and public places adjacent thereto, and upon being directed to retire or to enter the said church during divine service, refuses or neglects to do so, shall be arrested by any or either of the said church-wardens, and be conducted before a justice of the peace; and on oath made by such church-wardens or either of them, or of one or more credible witness or witnesses, that such person has loitered without any such church, or has refused, in manner aforesaid, to retire or to enter such church, or on confession of the offender, such justice of the peace shall fine such person in a sum not exceed- Penalty. ing four dollars, nor less than one dollar; and if such person be unable forthwith to pay such fine, he shall, by warrant under the hand and seal of such justice of the peace, be committed to the common gaol of the district where such offence was committed, there to remain for the space of eight days, unless such tine be sooner paid. C. S. L. C., c. 22, s. 3. $3.-Powers of Peace Officers. of church 3489. All officers of the peace in each parish, seigniory, Peace officers township or locality or other extra-parochial place, shall have have powers the same powers as those delegated to the church-wardens by wardens this section, in the execution of the duties imposed upon them. under this C. S. L. C., c. 22, s. 4. $4.-Penalties. section. tippling in service. 3490. Every peace officer shall cause to be arrested and Persons carried before any justice of the peace, every person whom he loitering or finds on any Sunday or holiday, during divine service, loitering taverns duror tippling in any house of public entertainment, or in any other ing divine place of public resort, whether within doors or in the open air, where any ale, wine, spirits or strong drink are sold or distributed on a Sunday, or holiday, during divine service as aforesaid, within the limits of his parish or locality, and also every person whom he finds cursing and swearing or provoking to fight, drunk, or using violence in the streets, highways or other public places; and such person so conducted before such justice of the peace, may be condemned to pay a fine not exceeding four dollars, nor less than one dollar; and if such person be unable to pay such fine forthwith he shall be committed, by Penalty. warrant under the hand and seal of such justice, to the common gaol of the district in which such offence was committed, there to remain for the space of eight days, unless such fine be sooner paid. C. S. L. C., c. 22, s. 5. 3491. Any person attending, as well in going to as returning Penalty on from divine service, at any such church, who, on approaching persons rid |