found. But by the Burial Laws Amendment Act 1880, the
bodies of persons entitled to be buried in parochial burial grounds,
whether churchyards or graveyards, may be buried there, on proper notice
being given to the minister, without the performance of the service of the
Church of England, and either without any religious service or with a
Christian and orderly religious service at the grave, which may be
conducted by any person invited to do so by the person in charge of the
funeral. Clergymen of the Church of England are also by the act allowed,
but are not obliged, to use the burial service in any unconsecrated burial
ground or cemetery, or building therein, in any case in which it could be
used in consecrated ground. In cases where it may not be so used, and where
such is the wish of those in charge of the service, the clergy may use a
form of service approved by the bishop without being liable to any
ecclesiastical or temporal penalty. Except as altered by this act, it is
still the law that "the Church knows no such indecency as putting a body
into consecrated ground without the service being at the same time
performed"; and nothing in the act authorizes the use of the service on the
burial of a _felo de se_, which, however, may take place in any way allowed
by the act of 1880. The proper performance of the burial office is provided
for by the Public Worship Regulation Act 1874. Statutory provision is made
by the criminal law in this act for the preservation of order in burial
grounds and protection of funeral services.

3. Fees are now payable by custom or under statutory powers on all burials.
In a churchyard the parson must perform the office of burial for
parishioners, even if the customary fee is denied, and it is doubtful who
is liable to pay it. The custom must be immemorial and invariable. If not
disputed, its payment can be enforced in the ecclesiastical court; if
disputed, its validity must be tried by a temporal court. A special
contract for the payment of an annual fee in the case of a non-parishioner
can be enforced in the latter court. In the case of paupers and shipwrecked
persons the fees are payable by the parish. In other parochial burial
grounds and cemeteries the duties and rights to fees of the incumbents,
clerks and sextons of the parishes for which the ground has been provided
are the same as in burials in the churchyard. Burial authorities may fix
the fees payable in such grounds, subject to th