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Burial Grounds (Scotland) Act 1855

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4 Proceedings on complaints of danger to health. E+W+S+N.I.

It shall be lawful for any two members of the parochial board of any parish in Scotland, or for any ten [F1[F2persons (being ratepayers or persons liable to pay council tax)] residing] within such parish, or for any two householders residing within one hundred yards of any burial ground or proposed burial ground, to present a petition to the sheriff of the county within which such burial ground or proposed burial ground is situated, setting forth that a burial ground within such parish or such distance is or would be dangerous to health, or offensive or contrary to decency; and the sheriff shall thereupon fix a day, being not less than ten nor more than twenty days after such petition is presented, for inquiring into the allegations contained therein, and shall appoint intimation thereof to be made by advertisement in the Edinburgh Gazette, and in such newspapers of local circulation as he shall deem fitting, and on hearing the petition shall permit all parties whom he shall judge to have an interest to appear and be heard in such manner as he shall deem fitting; and if on such hearing he shall be of opinion that any of the aforesaid allegations are true, he shall pronounce an interlocutor to such effect, and shall transmit a copy thereof to one of her Majesty’s Principal Secretaries of State: Provided, that it shall not be competent to present any such petition to the sheriff, except with concurrence of the procurator fiscal, till after the lapse of five years from the date of any petition to the like effect having been dismissed.

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F1Words substituted by S.I. 1952/1334 (1952 II, P. 2029)

F2Words in s. 4 substituted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 3(2); S.I. 1994/2850, art.3(c)

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