Whenever any burial ground shall have been closed by Order in Council, the parochial board shall forthwith proceed to provide a suitable and convenient burial ground for the parish, and to make arrangements for facilitating interments therein; and in the event of a suitable burial ground not being provided by the parochial board within six months after such Order of requisition as aforesaid, it shall be lawful for such board or for any ten or more [F1[F2persons (being ratepayers or persons liable to pay council tax)] residing] 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 F3. . . the Court of Session, whose decision shall be final, such appeal always being presented within fourteen days of the date of the sheriff’s judgement: F3. . . and on such land being so designated the parochial board shall proceed to acquire the same in manner herein-after provided.
Textual Amendments
F1Words substituted by S.I. 1952/1334 (1952 II, P. 2029)
F2Words in s. 10 substituted (S.) (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 3(2); S.I. 1994/2850, art.3(c)
F3Words in s. 10 repealed (S.) (4.1.1995) by 1994 c. 39, s. 180(1)(2), Sch. para. 3(3), Sch.14; S.I. 1994/2850, art.3(d)