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Burial Grounds (Scotland). shall be provided in the same Manner as if an old Burial Ground had been closed by Order in Council.
X. Whenever any Burial Ground shall have been closed by When Burial Order in Council, the Parochial Board shall forthwith proceed to Grounds are provide a suitable and convenient Burial Ground for the Parish, closed by Order and to make Arrangements for facilitating Interments therein ; Board to proand in the event of a suitable Burial Ground not being provided vide suitable by the Parochial Board within Six Months after such Order or Burial Grounds, Requisition as aforesaid, it shall be lawful for such Board, or for &c. any Ten or more Persons assessed for Relief of the Poor' in the Parish, or any Two or more Members of the Parochial Board, to apply by summary Petition to the Sheriff to have a suitable Portion of Land designated for the Purpose of a Burial Ground; and the Sheriff shall examine such Witnesses and make such Inquiry as he shall think proper, and shall keep a Note of such Evidence as may be adduced, and, if he thinks fit, shall thereupon proceed to designate and set apart such Portion as he may deem necessary of any Lands in such Parish suitable for the Purpose, not being Part of any Policy, Pleasure Ground, or Garden attached to any Dwelling House : Provided always, that due Intimation shall have been given of not less than Ten Days to the Owner of such Lands, that he may be heard for his Interest before such Designation is actually made, subject always to an Appeal to any of the Lords Ordinary of the Court of Session, whose Decision shall be final, such Appeal always being presented within F'ourteen Days of the Date of the Sheriff's Judgment; and provided also, that no Land shall be so designated nearer than one hundred Yards to any Dwelling House without the Consent in Writing of the Owner of such Dwelling House ; and on such Land being so designated the Parochial Board shall proceed to acquire the same in manner herein-after provided.
XI. Any Burial Ground may be provided under this Act either ConsentofOwn. within or without the Limits of the Parish for which the same ers of Houses is provided; but no Ground not already used as or appropriated Grounds, where for a Cemetery shall be appropriated as a Burial Ground, or as
necessary. an Addition to a Burial Ground, under this Act, nearer than One hundred Yards to any Dwelling House, without the Consent in Writing of the Owner, Lessce, and Occupier of such Dwelling Ilouse.
XII. For the providing such Burial Ground, it shall be lawful Board may purfor the Parochial Board of the Parish to contract for and pur- chase Land for chase or take any Lands and Buildings thereon for the Purpose
contract with of forming a Burial Ground, or for making Additions to any Burial Cemetery CoinGround to be formed or purchased under this Act, as such Board panies. may think fit, or to purchase from any Company or Persons entitled thereto any Cemetery or Cemeteries, or Part or Parts thereof, subject to the Rights in Vaults and Graves and other subsisting Rights which may have been previously granted therein: Provided always, that it shall be lawful for such Board, in lieu of providing any such Burial Ground, to contract with any such Company or Persons entitled as aforesaid for the Interment in such Cemetery or Cemeteries, and either in any allotted Part of such 18 & 19 Vict.
Burial Grounds (Scotland).
Cemetery or Cemeteries or otherwise, and upon such Terms as the Parochial Board may think fit, of the Bodies of Persons who would have had Rights of Interment in the Burial Grounds of such
Parish. Certain Pro- XIII. “ The Lands Clauses Consolidation ( Scotland) Act, 1845," visions of except the Provisions of that Act “ with respect to the Provi8 & 9 Vict.c.19. “ sions to be made for affording Access to the Special Act by incorporated with this Act.
“ all Parties interested,” shall be incorporated with this Act; and, for the Purposes of this Act, the Expression “ the Promoters of the Undertaking,” wherever used in the said “ Lands Clauses Consolidation (Scotland) Act, 1845," shall mean any Parochial Board under this Act : Provided always, that the Provisions in the said Act "with respect to the Purchase and taking “ of Lands otherwise than by Agreement” shall have Effect only in respect of such Lands as the Sheriff of the County shall have designated as fitting for a Burial Ground in manner aforesaid : Provided further, that the Provisions in the said Act“ with “ respect to Lands acquired by the Promoters of the Undertaking “ under the Provisions of this or the Special Act, or any Act “ incorporated therewith, but which shall not be required for the “ Purposes thereof,” shall be held to apply only to such Lands or Portions thereof in which no Burial shall have taken place, and such Provisions shall not be restricted in operation to any fixed
Period after the Purchase of such Lands. Parochial XIV. The Parochial Boards of any Parishes which shall have Boards may respectively resolved to provide Burial Grounds under this Act concur in pro-, may concur in providing One Burial Ground for the common viding a Burial Use of such Parishes, in such Manner, not inconsistent with the common Use of Provisions of this Act, as they shall mutually agree on, and may their Parishes. agree as to the Proportions in which the Expenses of such Burial
Ground shall be borne by such Parishes ; and the Proportion of each of such Parishes of such Expenses shall be raised by Assessments in manner after mentioned ; and, according and subject to the Terms which shall have been so agreed on, the Parochial Boards for such Parishes respectively shall, for the Purpose of providing and managing such One Burial Ground, and taking and holding Land for the same, act as One joint Board for all such Parishes, and may have a joint Office, Clerk, and Offices, and all the Provisions of this Act shall apply to such joint Board accord
ingly. Burial Grouud XV. When any Burial Ground shall have been provided in to be the Burial Terms of this Act, such Burial Ground shall, from and after such Ground of the Time as the Sheriff of the County shall appoint, be deemed the rishes for which Burial Ground, or Part thereof, of the Parish for which the same it is provided.
is provided ; and where the same is provided for Two or more Parishes such Burial Ground shall be in Law as if such Parishes were One Parish, and as if such Burial Ground were the Burial Ground of such One Parish ; and the Parishioners and Inhabitants of such Parish, or of each of such Parishes, shall have the same Rights of Sepulture in such Burial Ground as they respectively would have had in the Burial Ground or Burial Grounds in and
Burial Grounds (Scotland).
for their respective Parish, subject to the Provisions herein contained.
XVI. Where any Burial Ground shall be closed in Terms of Liabilities of this Act, and a new Burial Ground provided in place thereof, old Burial the whole Burdens upon, and Liabilities attaching to, the Burial Grounds transGround so closed, shall be transferred to, and become Burdens ferred to new
Burial Grounds. upon, the Burial Ground provided in room thereof; and the Revenues of the new Burial Ground shall be liable for the same, in like Manner as the Revenues of the Burial Ground so closed were liable.
XVII. The general Management, Regulation, and Control of Management to the Burial Grounds provided under this
, subject to the be vested in PaProvisions of this Act and the Regulations to be made thereunder, rochial Boards, be vested in and exercised by the respective Parochial Boards providing the same.
XVIII. Any Parochial Board, under such Restrictions and Boards may sell Conditions as they think proper, may sell the exclusive Right of exclusive Burial, either in perpetuity or for a limited Period, in such Parts Rights of Bu. of any Burial Ground provided by such Board as may with the rial, and Right Sanction of the Sheriff be appropriated to that Purpose, and also
ments, &c. the Right of constructing any Chapel, Vault, or Place of Burial, with the exclusive Right of Burial therein in perpetuity or for a limited Period, and also the Right of erecting and placing any Monument, Gravestone, Tablet, or Monumental Inscription in such Burial Ground ; provided always, that such exclusive Rights shall not extend in all to a Space greater than One Half of such Burial Ground.
XIX. Any Parochial Board may make such Arrangements as Boards may they may from Time to Time think fit for facilitating the Con- make Arrangeveyance of the Bodies of the Dead from the Parish or the Place ments for faciof Death to the Burial Ground which shall be provided under litating the Conthis Act, or to any other Place of Burial, subject to the Provisions veyance of Boof this Act and the Regulations to be made thereunder ; and it Grounds. shall be lawful for any of the aforesaid Cemetery Companies to undertake any such Arrangement, and to carry the same into effect, subject to the Provisions and Regulations as aforesaid.
XX. It shall be lawful for any Parochial Board, subject to the Places may be Provisions of this Act and the Regulations to be made thereunder, provided for Re. to hire, take on Lease, or otherwise to provide fit and proper ception of BoPlaces in which Bodies may be received and taken care of previously to Interment, and to make Arrangements for the Reception and Care of the Bodies to be deposited therein, and for providing such Places such Boards may exercise the Powers vested in them under this Act for providing Burial Grounds.
XXI. It shall be lawful for One of Her Majesty's Principal Secretary of Secretaries of State, from Time to Time, to make such Regula- State may make tions in relation to the Burial Grounds and Places of Reception of Regulations as
to Burial Bodies previous to Interment which may be provided under this
Grounds, &c. Act, as to him may seem proper for the Protection of the Public Health and the Maintenance of Public Decency ; and the Parochial Boards and all other Persons having the Care of such Burial
Burial Grounds (Scotland).
Grounds and Places for the Reception of Bodies shall conform to
and obey such Regulations. Exemption of XXII. No Funeral Procession, or Carriage in such Procession, Burials from and no Foot Passenger, shall, while going to or returning from the Toll.
Place of Interment on the Occasion of any Interment, be liable in
any Toll or Pontage. Board may lay XXIII. It shall be lawful for any Parochial Board to enclose, out, &c. Burial lay out, and embellish any Burial Ground provided by such Board Ground.
in such Manner as may be fitting and proper. Board to fix XXIV. Every Parochial Board under this Act shall, subject to Payments for the Approval of the Sheriff of the County, fix and receive such Interments in
Fees and Payments in respect of Interments in any Burial Ground Burial Ground.
provided by such Board as they shall think fit, and from Time to Time revise and alter such Fees and Payments, and a Table showing such Fees and Payments shall be printed and published, and shall be affixed and at all Times continued on some conspicuous
Part of such Burial Ground. Certain Provi- XXV. The Provisions of “ The Cemeteries Clauses Act, 1847," sions of 10 & with respect to the Protection of the Cemetery, shall be incorpo11 Vict. c. 65. rated with this Act, and be applicable to any Burial Ground incorporated.
provided under this Act, and "the Company" in these Clauses
shall signify the Parochial Board under this Act. Expenses to be XXVI. The Expenses incurred by the Parochial Board of any paid by Assess- Parish in carrying this Act into execution, in so far as the Sums ments.
received for exclusive Right of Burial or as Fees or other Payments in respect of Interments shall be insufficient, shall be raised by Assessment, to be levied in the same way as that which may be in force for the Time being for the Relief of the Poor within the Parish ; and the Parochial Board shall have like Powers for the levying of such Assessments as Parochial Boards have for the
levying of Assessments for the Relief of the Poor. Power to bor- XXVII. Provided always, That it shall be lawful for the row Money. Parochial Board to borrow any Money required for providing and
laying out any Burial Ground under this Act, and to charge the future Assessments under this Act with the Payment of such Money and Interest thereon : Provided that there shall be paid in every Year, in addition to the Interest of the Money borrowed and unpaid, not less than One Twentieth of the Principal Sum
borrowed, until the whole is discharged. The Public XXVIII. The Commissioners for carrying into execution an Works Loan Act of the Session of Parliament holden in the Fourteenth and Commissioners Fifteenth Year of Her Majesty, Chapter Twenty-three, "to may advance Money for the
“ authorize for a further Period the Advance of Money out of the Purposes of “ Consolidated Fund to a limited Amount for carrying on Public this Act. “ Works and Fisheries and Employment of the Poor,” and any
Act or Acts amending or continuing the same, may from time to Time make to the Parochial Board of any Parish, for the Purposes of this Act, any Loan, under the Provisions of the recited Act or the several Acts therein recited or referred to, upon Security of
the Assessments for the Relief of the Poor of the Parish. Minutes of Pro- XXIX. Minutes of all Proceedings of the Parochial Board, ceedings of under this Act, with the Names of the Members who attend each
Meeting, Burial Grounds (Scotland).
Meeting, shall be kept ; and the Parochial Board shall provide Board to be enand keep Books in which shall be entered true and regular Accounts tered in a Book. of all Sums of Money received and paid for or on account of the Board to keep Purposes of this Act in the Parish, and of all Liabilities incurred Accounts, which by them for such Purposes, and of the several Purposes for which shall be open to such Sums of Money are paid and such Liabilities incurred; and
Inspection. all such Books shall at all reasonable Times be open to the Examination of every Member of the Parochial Board and Ratepayer, without Fee, and they may take Copies of or Extracts from such Books or any Part thereof, without paying for the same.
XXX. The Parochial Board may appoint and may remove, at Board may appleasure, a Clerk and such other Officers and Servants as shall be point and renecessary for the Business of the Board in presect of and for the move Officers, Purposes of their Burial Ground, and may appoint reasonable &c. Salaries, Wages, and Allowances for such Clerk, Officers, and Servants, and, when necessary, may hire a sufficient Office for transacting their Business.
XXXI. All Burials within any Burial Ground provided under Register of Buthis Act shall be registered in a Register Book to be provided by rials to be kept the Parochial Board providing such Ground, and kept for that in every Ground Purpose ; and such Register Book shall be so kept by some Officer this Act.
provided under appointed by the said Board to that Duty ; and in such Register Books shall be distinguished in what Parts of the Burial Ground the several Bodies (the Burials of which are entered in such Register Books) are buried ; and in case such Burial Ground has been provided for more than One Parish, such Register shall be kept or indexed so as to facilitate Searches for Entries in such Books in respect of Bodies from the several Parishes ; and such Registers to be Register Books, or Copies or Extracts purporting to be thereof, Evidence. shall be received in all Courts as Evidence of the Burials entered therein.
XXXII. No Interlocutor or Deliverance of a Sheriff under Sheriff's Decithis Act, excepting as herein provided, shall be in any way subject sions to be final. to Review, or to be set aside by reason of any Defect of Form therein or in the Procedure on which it followed.
Roads leading from the City of Dublin and on the Turn-
[16th July 1855.] :W THEREAS, under the Provisions of the Acts recited in the
Schedule (A.) to this Act annexed, Trustees were appointed for the Management and Maintenance of the Roads
next herein-after mentioned, with Power to levy Tolls thereon : . And whereas Her Majesty was, on the Thirteenth Day of June ' in the Year One thousand eight hundred and fifty-four, pleased • to issue a Commission under the Great Seal to certain Persons