Copies of entries in register. Trespass &c. sheets, shall be made by the sexton immediately after the burial to which it refers shall take place, and such entry shall then and there be signed by the Chaplain or Minister or authorised person, of any dissenting body as the case may be, officiating at such burial and in the case of burials which are not solemnised, the entries shall be signed by the sexton, and the chaplain or minister or authorised person as aforesaid shall annex to his signature the name or style of the church, denomination, congregation or society to which he belongs, and the entries in the register shall be made in progressive numbers, the first entry in each year to be distinguished by number one, and so on with progressive numbers to the end of the year; and every entry shall be made in a fair and legible hand, and it shall be the duty of the sexton and he is hereby requir ed to lodge in the office of the Colonial Secretary not later than the thirty first day of January in each year the sheets containing the duplicate registers of burials made in the previous year as aforesaid, under a penalty not exceeding ten pounds recoverable in a summary manner by the Colonial Secretary before a Police Magistrate and to be paid into the public treasury to the credit of the general revenue. 34. Certified copies of entries from the register of burials, shall be given by the Chairman of the Board to any person applying for the same on payment of a fee to be fixed by any rule or regulations framed under this Act. 35. If any person shall have committed any irregularity, tresspass, or any other wrongful proceeding in the execution of au this Act, or by virtue of any power or thority hereby given, and if before action brought in respect thereof, such party make tender of sufficient amends to the party injured such last mentioned party shall not recover in any such action, and if no such tender have been made, the defendant by leave of the Court where such action is pending, may at any time before issue join Clerk. ed, pay into Court such sum of money as he thinks fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court. 36. The Board may sue and be sued in The Board may the name or names of any one of the mem- sue and be sued in bers of the Board, or of their clerk for the the name of any time being, and no action or suit to be member or of their brought or commenced by, or against the Board, by virtue of this or any other Act of this Island, in the name of any one of such members of the Board, or their Clerk, shall abate or be discontinued by the death or removal of such member of the Board, or Clerk, or either of them, or by the act of such member of the Board, or either of them without the consent of the Board, but any one of the members of the Board or the Clerk for the time being to the Board, shall always be deemed to be the Plaintiff or Defendant (as the case may be) in every such action or suit; Provided always that every such member of the Board, or the Clerk thereof, shall be reimbursed and paid out of the moneys to be received by the Board by virtue of this Act, all such costs, charges, and expenses as he shall be put unto, or become chargeable with, or liable to by reason of his being so made plaintiff or defendant, except penalties, or forfeitures incur Recovery of penal. ties. red by the Board, or any member thereof, by virtue of this Act, for acts or things done without the sanction of the vestry. 37. All fees, payments, and sums of money accruing under, or penalties imposed by this Act for the recovery and disposition of which no other provision is made by this Act may be recovered on the complaint of any member of the Board, or their Clerk, for the time being, or of any member of the vestry of St. Michael in a summary manner, before a Police Magistrate and such penalties shall be paid to the Board for the upkeep of the Cemetery. Repeal. 38. The several Acts mentioned in the schedule to this Act are hereby repealed, to the extent mentioned, provided that (1) Any rule, order or bye-law now in force whether made under any enactment hereby repealed or not shall continue in force until otherwise provided; and (2.) Any officer appointed under any enactment hereby repealed shall continue and be deemed to have been duly appointed under this Act; and (3.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer to this Act or to the corresponding enactment in this Act. (4.) This repeal shall not affect (a.) The past operation of any enactment hereby repealed nor anything duly done or suffered under any enactment hereby repealed; or (b.) Any right, privilege, obligation, or liability acquired, accrued or incurred under any enactment hereby repealed; or (c.) any penalty, forfeiture or punishment. incurred in respect of any offence committed against any enactments hereby repealed; or (d.) any investigation, legal proceeding or remedy in rerpect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding and remedy may be carried on as if this Act had not passed; or (e.) any Act in which the enactments hereby repealed have been applied, incorporated or referred to, (5.) This repeal shall not revive any enactment, right, office, privilege, matter or thing not in force or existing at the passing of this Act. |