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28
Whereas the said Daniel Wilson as Vicar of the said Parish is the
Owner of the Churchyard attached to the Parish Church of Saint Mary
in the Upper Street of the said Parish within the meaning of an Act
passed in the 44th and 45th years of the reign of Her Majesty Queen
Victoria intituled " An Act to Amend the Metropolitan Open Spaces
" Act 1871." And whereas the said Churchyard was closed for Burials
by an Order of Her Majesty the Queen in Council dated the first day of
April One thousand eight hundred and fifty-three. And whereas by the
said Act of the 44tli and 45th years of the reign of Her Majesty Queen
Victoria it is provided "That the Owner of any Churchyard Cemetery
"or Burial Ground situate within the Metropolis and closed for burials
"either under an Order of Her Majesty the Queen in Council or other"wise
may convey the soil of such Churchyard Cemetery or Burial
"Ground or grant any term of years or other limited interest therein to
"or enter into any agreement with the Metropolitan Board or the Vestry
"or District Board of the Parish or District in which such Churchyard
"Cemetery or Burial Ground or any part thereof is situate for the
"purpose of giving the Public access to the said Churchyard Cemetery
"or Burial Ground and preserving the same as an open space accessible
"to the Public and under the control of such Board or Vestry and for
"the purpose of improving and laying out the same."
And Whereas on the Seventh day of March One thousand eight
hundred and eighty-four the said Vestry resolved that upon the Vicar
entering into an Agreement pursuant to the powers contained in the
last recited section they would upon obtaining the licence or Faculty
of the Right Reverend the Lord Bishop of London take over the control
of the said Churchyard and lay out and maintain the same in accordance
with the said recited section as an open space accessible to the Public.
Now it is hereby agreed between the said parties hereto for themselves
and their successors in office respectively that the said Churchyard shall
be for ever an open space accessible to the Public and under the control
of the Vestry and that the said Vestry shall be at liberty to and shall
improve and lay out the same at their own expense in accordance with
the plan hereto attached and pursuant to the provisions of the said
recited Act the licence or Faculty of the Right Rev. the Lord Bishop of
London having been first obtained by the said Vestry for that purpose.