Burial of Drowned Persons Acts 1808 and 1886

Burial of Drowned Persons Act 1808

Act of Parliament
Parliament of the United Kingdom
Long title	An Act for providing suitable Interment in Church-yards or Parochial Burying Grounds in England, for such dead Human Bodies as may be cast on Shore from the Sea, in Cases of Wreck or otherwise.
Citation	48 Geo. 3. c. 75
Territorial extent	England and Wales
Dates
Royal assent	18 June 1808
Repealed	10 August 1872
Other legislation
Amended by	Burial of Drowned Persons Act 1886 Statute Law Revision Act 1872 (No. 2) Summary Jurisdiction Act 1884 Statute Law Revision Act 1888
Repealed by	National Assistance Act 1948
Status: Repealed

The Burial of Drowned Persons Act 1808, also known as Grylls' Act, is an Act of the Parliament of the United Kingdom (48 Geo. 3. c. 75). The act provides that unclaimed bodies of dead persons cast ashore from the sea should be removed by the churchwardens and overseers of the parish, and decently interred in consecrated ground.

The passage of the 1808 act was one of the consequences of the wreck of the Royal Navy frigate HMS Anson in Mount's Bay in 1807. Prior to the passage of this act it was customary to unceremoniously bury drowned seamen without shroud or coffin, in unconsecrated ground. However, the burial in this manner of the many dead from the Anson, and the length of time that many of the bodies remained unburied, caused controversy and led to a local solicitor, Thomas Grylls, drafting a new law to provide more decent treatment for drowned seamen. This law was introduced to parliament by John Hearle Tremayne, Member of Parliament for Cornwall, and was enacted in 1808. ^[1]

A monument to the drowned sailors, and to the passing of Grylls' Act, stands above Loe Bar, near Porthleven, Cornwall. The construction of nearby Porthleven harbour was another of the consequences of the loss of the Anson. ^{[2] [3]}

Burial of Drowned Persons Act 1886

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to amend the Law in respect to the Discovery and Interment of Persons drowned.
Citation	49 & 50 Vict. c. 20
Territorial extent	England
Other legislation
Amends	Burial of Drowned Persons Act 1808
Repealed by	National Assistance Act 1948
Status: Repealed

This act was amended by the Burial of Drowned Persons Act 1886 (49 & 50 Vict. c. 20), to extend its applicability to bodies found in, or cast on shore from, all tidal or navigable waters. ^[4] This was needed following the case of the wreck of the Princess Alice , when various parishes refused to pay the cost of interment. ^[5] The parish was responsible for burial, under the Burial of Drowned Persons Act, and a fee of 5 shillings (a crown) was also paid by the parish for the recovery of drowned bodies.

References

1. Hitchins, Fortescue (1824). Samuel Drew (ed.). The history of Cornwall: from the earliest ..., Volume 2. William Penaluna. p. 607. Retrieved 4 September 2009.
2. Schofield, Edith (2009). Cornwall Coast Path (third ed.). Trailblazer Publications. ISBN   978-1-905864-19-5.
3. "History of Porthleven in Cornwall". www.porthleven-online.com. Neil Smith. Archived from the original on 3 October 2009. Retrieved 4 September 2009.
4. Little, James Brooke (1902). The Law of Burial: Including All the Burial Acts as Modified Or Affected by ... Shaw. Retrieved 4 September 2009.
5. "The Collision On The Thames". Times [London, England]. 1 October 1878. p. 7 – via The Times Digital Archive.