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breach of
6.-(1.) Every person who shall contravene any such Penalties for regulation as aforesaid, or shall knowingly carry out or Regulations, procure or take part in the burning of any human remains, e except in accordance with such regulations and the provisions of this Ordinance, shall (in addition to any liability or penalty which he may otherwise incur) be liable, on summary conviction, to a penalty not exceeding $500 : Provided that any person aggrieved by any con- viction may appeal therefrom to the Supreme Court.
(2.) Every person who shall wilfully make any false false declaration or representation, or sign or utter, any certificate, with a view to procuring the burning of any human remains, shall (in addition to any penalty or liability which he may otherwise incur) be liable to imprisonment, with or without hard labour, for a term not exceeding 2 years.
(3.) Every person who, with intent to conceal the com- mission or impede the prosecution of any offence, procures or attempts to procure the cremation of any body, or, with such intent, makes any declaration or gives any certificate under this Ordinance, shall be liable to conviction on indictment to imprisonment for a term not exceeding 5 years with
hard labour.
7. The burial authority may demand payment of any such charges, or fees, for the burning of human remains in any crematorium provided by them as may be authorised by the Governor, and such charges or fees, and any other expenses properly incurred in or in connection with the cremation of a deceased person, shall be deemed to be part of the funeral expenses of the deceased.
Fees.
Saving for Coroners.
50 & 51 Vict.
S. Nothing in this Ordinance shall interfere with the jurisdiction of any Coroner in this Colony and nothing in this Ordinance shall authorise the burial authority or any c 71. person to create or permit a nuisance.
9. In any table of fees respecting burials to be made or Fes may be approved by the Governor, a fee may be fixed in respect ficu.
of a burial service before, at or after cremation and, if no
fee is fixed, the fee, if any, in respect of a burial service shall apply.
Objects and Reasons.
'
The disposal of human remains by cremation is practice which is already by no means unknown in the Colony.
The cremation of the dead is an essential feature of some religious communities whilst, apart from this fact, this method of dealing with human remains appears to be growing in favour amongst other scetions of the public.
The attention of Government having been drawn, owing inter alia to applications for permission to erect crema- · toria, to the absence of satisfactory local legislation dealing with the question of the regulation of this prac- tice, the present Bill has been introduced in order to provide for the proper regulation of the burning of human remains and to enable the establishment of crematoria Whilst on the under suitable supervision and control. one hand it seems very important that the total destruction of any human body should not be capable of being conducted without such proper cheeks as may reasonably ensure that there has existed no irregular motives in the disposal of a corpse, on the other hand it is equally desirable that the wish of any deceased person, testament- arily or otherwise expressed, that his remains should be cremated should be capable of belag respected and carried out in a proper and seemly manner.
It is with these objects that the present Bill is introduced. It provides that the powers of any burial authority shall include the provision and maintenance of crematoria of a character to be approved by proper authority. The Bill gives power to the Governor-in-Council to make regula- tions as
to the maintenance and inspection of these
1.