Guildford Cemeteries Act 1936
Reprint 1: The Act as at 15 January 2010
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original Act are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the Act being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
Editorial notes show if something has been omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything omitted can be found in an earlier reprint (if there is one) or the Act as passed.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
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at 15 January 2010 |
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Western Australia
Guildford Cemeteries Act 1936
CONTENTS
1.Short title1
2.Lands revested in His Majesty2
3.Land revested to be reserved as cemetery2
4.Original owners of lands relieved of responsibility2
5.Preservation of existing burial rights3
Schedule
Notes
Compilation table5
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Reprinted under the Reprints Act 1984 as |
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at 15 January 2010 |
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Western Australia
Guildford Cemeteries Act 1936
An Act to revest certain lands in His Majesty and for other purposes relative thereto.
Preamble
Whereas the lands described in the first and second columns of the Schedule hereto are vested in the religious bodies or trustees set out in the third column of the said Schedule and are held and used as burial grounds but not as a public cemetery under and within the meaning of the Cemeteries Act 1897 2: And whereas it is deemed desirable and expedient that the said lands should become and be used as a public cemetery under the said Act in conjunction with reserve ↑1286 adjoining the said lands and now a public cemetery under the said Act:
Be it therefore enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: —
This Act may be cited as the Guildford Cemeteries Act 1936 1.
2.Lands revested in His Majesty
Subject to section 5, and from and after the commencement of this Act, all rights of property which may have at any time been vested by Statute or otherwise howsoever in the persons or corporations mentioned in the third column of the Schedule to this Act, or in any other person or corporation whatsoever in any part of the lands described in the first and second columns of the said Schedule, shall absolutely cease and determine, and all and singular the said lands and all the right and title thereto, either in law or in equity, shall be and the same are hereby vested in His Majesty, freed and released from all and every trusts or trust affecting the same.
3.Land revested to be reserved as cemetery
The said lands revested in His Majesty by section 2 shall forthwith be reserved as a site for a cemetery, and in conjunction with reserve ↑1286 adjoining the same shall forthwith be proclaimed as a public cemetery, under and in accordance with the provisions of the Cemeteries Act 1897 2; and, when so reserved and proclaimed as aforesaid, the said lands shall be vested in or placed under the control of trustees appointed under the provisions of the said Cemeteries Act 1897 2, as the Governor may think fit, for the purposes of a public cemetery.
4.Original owners of lands relieved of responsibility
When the said lands revested in His Majesty by section 2 have been reserved and proclaimed as a public cemetery as provided for in section 3, the persons and corporations mentioned in the third column of the Schedule to this Act and all other persons or corporations having prior to the commencement of this Act any duty, obligation, or responsibility in relation to the management, conduct, or control of the said lands or any part thereof as a burial ground, shall be freed and relieved from every such duty, obligation, and responsibility.
5.Preservation of existing burial rights
Notwithstanding anything to the contrary contained in section 2, every person holding at the commencement of this Act by virtue of any instrument of lease, licence, or other title then subsisting and in force any right of burial in respect of any area or piece of any of the said lands as specified in such instrument, shall, after the commencement of this Act, continue to hold and enjoy the benefit of such right of burial according to the tenor of the instrument aforesaid by which such right is conferred in respect of the area or piece of land specified in such instrument and forming part of the public cemetery proclaimed as provided for in section 3; and the trustees of such public cemetery shall be bound by and observe all the provisions and conditions of such instrument in all respects and to the same extent as if such instrument had originally been executed, and the right of burial granted thereby had originally been given to the holder thereof by such trustees.
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Land |
Instrument of Title |
Proprietors |
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Swan Location 1284 |
Certificate of Title vol. 34, folio 110 |
The Roman Catholic Bishop of Perth. |
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Swan Location 1286 |
Certificate of Title vol. 33, folio 318 |
The Diocesan Trustees of the Church of England. |
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Swan Location 1293 |
Certificate of Title vol. 35, folio 206 |
James Young Simpson, superintendent, Wesleyan Minister; George Shenton, merchant; Richard Watson Hardey, gentleman, all of Perth; John Henry Monger, merchant, of York, and Charles Crowther, merchant, of Geraldton, as Trustees for the Wesleyan Methodist Church. |
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Swan Location 1368 |
Certificate of Title vol. 216, folio 94 |
The Salvation Army (Western Australia) Property Trust. |
1This is a reprint as at 15 January 2010 of the Guildford Cemeteries Act 1936. The following table contains information about that Act and any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Guildford Cemeteries Act 1936 |
19 of 1936 |
11 Dec 1936 |
11 Dec 1936 |
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Reprint 1: The Guildford Cemeteries Act 1936 as at 15 Jan 2010 |
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2Repealed by the Cemeteries Act 1986.
By Authority: JOHN A. STRIJK, Government Printer