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Addolorata Cemetery Ordinance (Cap. 18) Consolidated

CHAPTER 18

ADDOLORATA CEMETERY ORDINANCE*

To make certain provisions respecting the Cemetery of the Addolorata.

26th July, 1 870

ORDINANCE II of 1870, as amended by O rdinances V of 1876 and XIX

of 1921; Legal Notice 4 of 1963; and Acts XI of 1977, XIII of 1983, XIII of

2005 and Legal Notice 407 of 2007.

1. The short title of th is Ordinance is the Addolorata

Cemetery Ordinance.

2. Every corpse conveyed to the Santa Maria Addolorata Ce m e ter y fo r b u r i al w ith o u t th e l i cen ce o f th e P o li ce, s h all b e placed in the ro om appointed f o r the pu rpos e, and s h all, u n less othe rwise orde red by the Po lice or by a court of jus tic e, be ke pt u n d e r th e car e o f th e ch ap l a in o r o t h e r p e rs o n em p l o y e d in t h e cemetery, until the said licence be ob tained.

3. Such licence shall contain the following particulars: (a) the date of the licence;
(b) the name, surname, profession, trade or other status,
and the age, place of birth, and that o f the last abode of the deceased;
(c) the name and surname of each of the parents of the deceased, and wh ether they are living or dead;
(d) the n ame and surname of the husband or wife of the deceased, and whether th e deceased was married or was a widower or a widow;
(e) the hour, the day, the mon th, and the year when, and the place where, the deceased died;
(f) the cause of the death;
(g) whether the co rpse is to b e bu ried in a common or in a private grave, with an indication, in the latter case, of the number of the grave, and the division, section, and comp artment of the cemetery where such grave is situated , and of the title of the deceased to be buried in it:
Pro vid ed that, before issuing the said licence, the Po lice may ask the applicant to produce a written statement showing such title.
4. For the purpose of co llecting or ascertaining the particulars me nt ioned in the la st pre ce ding sec tion, the offic er ch arged with the duty of giving out the licence, shall have the same powers as are unde r a rti cl e 302 of th e Civil Code v es ted in th e o ffi cer ch arge d with th e duty of drawing up acts of d eath.

Short title.

Corpses conveyed to cemetery for burial without licence.

Powers of officer issuing licence.

Cap. 16.

*See also the Burials Ordinance (Chapter 17) and Part VI of the Code of Police Laws

(Chapter 10).

Where officer fails to obtain satisfactory information as to any particular.

5. If, after a careful inquiry, th e officer charged with the duty of giving o ut the licence, fails to obtain satisfactory information as to any of th e particulars mentioned in article 3, he shall state in the proper place in the said licence, that su ch particular is not known to him:

P rovide d tha t in s u c h ca s e he s h a ll, w ithin twe n ty-f our hour s from the drawing up of the act of d eath, transmit a copy of such act t o th e o fficer of th e cemet ery who shall hav e receive d th e li cence aforesaid.

Right of sepulture.

Amended by: XIII. 2005.11.

Cap. 17.

6. Respecting the righ ts of a deceased over a priv ate grave, t he fol lowin g p ro visio ns sh all, i n d efa ult of proo f t o t he co nt rary, be observed:

(a) all descendants of the person to wh om a grave in a church or chapel was granted and for which , according to the provisions of the Burials O rdinance, another grave in the cemetery has been substituted, shall be presumed to po ssess an equal right to be buried in the latter;
(b) every person is presumed to possess the rig ht to be bu ried in the grave which has been substituted for another existing in a church or chapel, and in wh ich any one of his blood relations, as of his own righ t, was bu ried;
(c) a wife or a husband may be buried in the grave of his or h er family, or in that o f the respective spouse or of his or her family.

Graves substituted for others unnumbered. Amended by: XIX.1921.3.

Certificate proving title.

Amended by:

V.1876.1.

Signing of certificate.

7. A perso n having a righ t over a private grave which was su bstitu ted for anot her existin g in a ch urch or chap el, b ut with out ind ication of the n umb er of the latter, shall be buried in one of the g raves situated in th e western division, section Z, compartment A, of the said cemetery, and marked with numbers 1 to 30, or in one of the gra v es a ppointed by th e S u pe rinte ndent of Public He alth for such pu rpose.

8. (1) A certificate from the p arish priest or other superior of a chu rch o r ch ape l de claring th e de ceased to b e a descen dan t o f a p erson to whom a particular grave had been granted in that church o r chap el, or a b lo od re lati on of a person bu ri ed in that ch urch or c hap el , an d in whi ch th e n umb er o f such g ra ve is i nd ica ted , o r in wh ich it is st ated th at such g ra ve is n ot nu mb ere d, o r, a s th e case m a y be, that it i s n o t certain in w h ich p a rticu l ar gr ave the s a id re lation wa s buried, sh all be deem ed s u fficie nt f o r the P o lice to indicate in the licence, according to the provisions of the foregoing sect ion s, the grave in the c emetery i n whi ch t he d eceased is to be bu ried.

(2) Th e certificate mentioned in subarticle (1) shall not have the require d effec t as re ga rds the c onsa nguinity of the de c ea se d p erson with the perso n to whom a grave had b een gran ted, or who was bu ried in a chu rch or chap el, un less su ch certificate is sig ned o r countersigned by a parish priest o r other ecclesiastic having the cure of souls.

9. In default of the certificate aforesaid, or of other proofs of the right over a private grav e, the deceased shall be buried in one of the common graves:

Provided that in such case, it shall be lawful for any person, wit hout the ne c e s s i t y of de c l a r i ng h i s own int e re s t , a n d upon de pos i ting, in the offic e of the s a id S upe rinte nde nt of P ubl ic He a l t h , the s u m of s i xt e e n e u ros a nd t h irt y -one c e nts (16 . 31) (re pre s e n t i ng the c o s t of t h e g r a v e a nd the not a r ia l a nd o t he r e x pe nse s in c onnec t ion with the a cquisi ti on th e re o f), to de ma nd that the corpse be provisionally buried in a particular grave not yet granted to others; and if, within two y ears from the d ay of burial, it shall, at the suit of the said person, be declared by the court that the d eceased h a d a r i g h t to b e b u r ied in a p riv ate g rav e, th e co rp s e shall, upon the d emand and at the exp ense of the said person, be, at the pro per time, removed to such grave.

Default of proof of title.

Amended by:

XIX.1921.2, 3; XIII.1983.5;

L.N. 407 of 2007.

10. Upon the removal of the corp se as provided in the last pre c e di ng s e c tio n, th e de p o s i t o r m a y wi thd r a w from t h e Sup erintendent of Public Health the sum as above deposited.

11. Where the declaration of the cou rt as to the right o f the d eceas ed o v er a p r iv ate g r av e as p r o v i d e d in ar ticle 9 is n o t obtained within the time established in that section, or, where such declaration having been obtained, the corpse is not removed to such grave within o ne month from th e day of the said declaration, or, in case such declaration is obtained before th e ex piration of o ne year from the da y of the buria l, within one month fr om the date of a notific a tion by t h e S u pe rinte nde nt o f P ublic He a lth, the s u m de pos ite d s h a ll be fo rfe ite d in fa vour of the Go ve rnm e nt, a s c o m p e n s a tion for th e gr a v e oc c upie d a s pr ovide d in the s a id section:

Provid ed that in such case, the grave shall be con sidered as if it ha d b e en a cq u ire d b y the pe rs on ma kin g the de p o sit, w ho s h a l l h ave a ri gh t to d eman d th at th e re qu isit e a ct of g ran t o f th e same grave be made.

Withdrawal of deposit. Amended by: XIX.1921.3.

When deposit lapses. Amended by: XIX.1921.3.

12. Where, for the reason stated in article 12(2) of the Burials Ordinance, a corpse h as been put in d eposit in th e p lace appo inted by th e Governme nt for th e purpose, the Su pe ri nten de nt of Pu bl ic Health, when the time has come for the corpse to be removed to its own grave, shall give notice thereof to any of the relatio ns or heirs of th e de ce a se d, at hi s c hoic e; and if the re la tion or he ir fa il s to effect the removal of the corpse within on e month from the d ate of s u c h n o tic e , i t sh a ll be la wf ul f o r t h e S upe r i nte n de nt of P u b lic Health to order its removal at the expen se of th e Government, an d th e Superint end ent o f Pub lic Healt h shal l claim reimb ursemen t o f su ch e xpe ns e fr om the pe rson to w hom the notic e a for es a id h as be en addre ss ed, s aving al wa ys th e right of the latter to ha ve the a m ou nt re fun d e d t o h i m by t h e he i r s o f th e d e c e a s e d , or, if he himself be one of the h eirs, by his co-heirs.

13. If a person possesses rig hts over two or more private graves, the select ion o f th e grave in wh ich h e desires to be b uried may be mad e even orally ; and on his death, such selection sh all be

Removal of

corpses from place of deposit to respective graves.

Amended by: XIX.1921.3. Cap. 17.

Choice of grave by person having rights over two or more graves.

Disposing of right of sepulture in a particular grave.

de e m e d t o be p r ove d e v e n b y the m e re o r a l de c l a ra t io n of th e h usb an d or wife, the parent, the son or daug hter, or any other near re la ti on of th e dec ea sed , or by a si milar de cl aration made by the eccl esiastic o r p hysician by wh om the person afo resaid shall have been assisted during his last illness.

14 . A person having a rig ht of sepultu re in a particular grave, may demand that any dispo siti on made by h im respecting the said rig ht, whether such dispositio n is to the effect th at no o ther co rpse of any other person should be buried in that grave, or that his right s hould, a fte r his dea th, pas s to the pe rsons a ppoint ed by him , be registered in the boo ks kept in the cemetery or in any oth er public office, in wh ich private graves are registered.

Exceptions. 15 . (1) Any disposition as provided in the last preceding section shall have no effect unless it be made by pu blic deed.

(2) It shall neith er have effect, if, the grave being possessed by two or more persons, it is not made by all of such persons.

In the absence of special provision, right of sepulture

to pass, on death of owner, to his blood relations.

Power of Minister responsible for public health to make regulations. Amended by:

L.N. 4 of 1963; XI.1977.2.

Cap. 17.

Penalties. Amended by: XI.1977.2; XIII.1983.5;

L.N. 407 of 2007.

Cap. 9.

16 . In default of any other special prov ision, the right of se pu ltu re in a parti cul ar grav e, p asses, on th e d eat h o f th e p erson h avin g th at rig ht, to his b lood rel ation s i n the ord er in which they are called by law to succeed ab intestato, notwithstanding that they be not h is heirs.
17 . The Minister responsible for public health may make regulations respecting the time and mann er of conveying corpses to the c e me t e ry, re sp e c ting the b u ria l of c o rp se s, a nd for the good o rder i n su ch cem etery, p ro vi de d t hat n ot hin g in suc h reg ul ati on s c o n t ai n e d s h all b e co n t ra r y to th e p r o v is io n s co n t ai n e d i n th i s Ordinance or in the Burials O rdinance.
18 . (1) Any person who shall infrin ge any regulation made u nd er the last p re cedin g se ctio n, sh all be l iabl e, o n co nv icti on , to the p uni s h m e nt s e s t a bl is h e d in th e C r im in al Co d e fo r contraventio ns.
(2) Where the offence is committed in the cemetery by a person u nd er fou rt een ye ars of ag e, wh o shal l h av e en tered th e ce metery un der the care o f another person over eighteen years of age, it shall b e lawful for t he cou rt, in respect of such o ffence, to sen tence the lat ter to a fin e (ammenda) n ot exceed ing two euros and thirty-three cents (2.33).
(3) Any person who signs or produces to the Police any statement req uired under the provisio n of the proviso to article 3(g) k n o w in g th at s u ch s t at em en t is fa l se o r th at it co n t ain s a fa l se d eclar atio n s h a ll b e liab l e, o n co nv ictio n, to a f i ne (mu lta) n o t exceeding four hundred and sixty-five euros and eigh ty-seven cents (46 5.87 ) o r to imp riso nmen t fo r a term n ot exceed ing six mo nth s, or to both such fin e and imprison ment.