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obviated, by reason of no Provision having been made in the said Acts for the Election of Councillors or Magistrates in room of those whose Election may have been null or irregular, and it is expedient that this Defect should be supplied : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and 5 Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as
follows: On Elections I. In all Cases in which any Election of a Councillor or Counof Council. lors being
cillors in any of the Royal Burghs, Burghs, or Towns com- 10 found null, prehended in the said recited Acts, or either of them, shall have been Warrant to legally reduced or found to have been null, the Court of Session in
Scotland in either of its Divisions shall, on the Application by Election.
Petition on the Part of any one or more of the registered Electors
II. As soon as such Warrant shall have been granted the Principal Clerk of Session, being Clerk to the Petition on which it was granted, shall forthwith transmit a certified Copy thereof to the 30 Town Clerk of such Royal Burgh, Burgh, or Town, and such Town Clerk shall immediately on receipt of such certified Copy give Intimation of the Election thereby appointed by Notices to be affixed to the Door of the Parish Church or Churches in such Royal Burgh, Burgh, or Town ; and the acting Provost or senior Magis- 35 trate, or, failing there being at the Time any Provost or Magistrate, the Sheriff of the County or his Substitute, shall discharge the Duties and execute the Powers directed by the said recited Acts to be performed by the Provost or senior Magistrate at the annual Election of Councillors.
Expenses of III. The necessary Expenses incurred by any Elector or Electors Application in obtaining such Warrant for a new Election as aforesaid as the for Warrant to be same shall be taxed by the said Court shall be recoverable by
such Elector or Electors from the Treasurer of such Royal Burgh, Charge on
the Funds of Burgh, or Town, and when paid shall be chargeable by the Treasurer the Burgh. on the Funds thereof.
to elect a
IV. In all Cases in which the Election of a Councillor to the On Election
of Magistrate 5 Office of Provost or Magistrate, or the Election of any Councillor being found
have been thereafter appointed Provost or a Magistrate, null, Council shall have been legally reduced or found null, the Town Council Magistrate. shall at its First Ordinary Meeting thereafter, the full Number of the
Council being always complete, elect a Provost or Magistrate who
the same Situation as if he had been elected when the Provost or
V. It shall not be lawful nor competent to institute any Action NoChallenge
of Election 15 by way of Reduction, Declarator, Suspension, or otherwise for
to be made reducing any Election of a Councillor, Provost, or Magistrate, or after the for having the same found null, or for interdicting any Party who Lapse of a
Month. may have been elected Councillor, Provost, or Magistrate from acting
as such, nor to execute any Summons, nor intimate any Suspension
of his Election, and all such Summonses and Suspensions executed
Processes, and shall have Precedence as such in the Rolls of
25 VI. Be it enacted and declared, That the Acts and Proceed- Actings of
Council and any such Town Council prior to the Date when the Election
Magistrates of any of the Councillors thereof shall have been legally set aside or to be valid, found null shall be valid and effectual, notwithstanding the Nullity standing
or Irregularity of the Election of any One or more of the Councillors, Elections 30 and that the Actings of any Magistrate whose Election may be set being set
aside or found null prior to its being so set aside or found null shall
An Act for empowering Local Boards of Health to
provide Burial Grounds.
[Note.—The Clause and Words printed in Italics are proposed to be
inserted in Committee.]
HEREAS the Public Health Act, 1848, while it gives Preamble.
in Districts where it is applied, and where sufficient Means of Interment exist within a convenient Distance of such Burial 5 Grounds, confers no Powers for providing new Burial Grounds: And
whereas it is desirable that Local Boards of Health should possess such Powers, and that the providing and maintaining of Burial Grounds in Districts where the existing Burial Grounds or some of
them are insufficient or in a State dangerous' to Health should be 10 dealt with as One of the Purposes of the Public Health Act: Be it
therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
15 I. If upon such Representation of the Local Board of Health, and Local Board such Inquiry, Report, and Notification as are required by the Public
authorized to Health Act, 1848, before the issuing of a Certificate for the Prohibi- provide new tion of Interments in Burial Grounds within Districts where the said Burial
Grounds Act has been applied, it shall appear to the General Board of Health where re606.
that additional Burial Ground Accommodation is required for the
Burial II. Such Burial Ground or some Part thereof shall be consecrated, Ground or
and no Body shall be buried in any Part of such Burial Ground until 10 Part thereof to be con- after such Consecration shall have taken place, and until the whole secrated, &c. of the Land to be appropriated to the Burial of the Dead shall have
been properly enclosed, and the Byelaws approved and confirmed as herein-after provided ; and whenever any Body shall have been buried within such Burial Ground, the whole of such Enclosure shall thence- 15 forth be held to have been used for the Burial of the Dead.
Penalty on III. Any Person who shall cause or permit any Body to be buried Burials con within such Burial Ground contrary to the Provisions of this Act shall Act. be liable to a Penalty not exceeding Five Pounds.
trary to this
Power to make Byelaws.
IV. Wherever any Burial Ground shall have been provided under 20 the Powers of this Act, it shall be lawful for the Local Board of Health, subject to the Provisions of this Act, to make Byelaws for the Maintepance, Management, and Control of such Burial Ground, and for the conducting of Funerals of Bodies to be interred therein, and for securing Compensation to Ministers and others having Rights 25 in respect of Burials or other Rights in the Burial Grounds of the District in which Interment may be prohibited, either by Money or by the Substitution for such Rights of other Rights in the Burial Ground to be provided under this Act, and for fixing the Fees and Sums payable for Burials, Monuments, Vaults, and all Matters relating thereto; 30 and such Byelaws shall be held to be Byelaws framed under the Public Health Act, 1848, and shall be subject to the Provisions of the said Act with regard to Byelaws: Provided always, that all Provisions of such Byelaws concerning the Consecration of the Burial Ground to be provided, and the Burial of Members of the United Church of 35 England and Ireland, and the Compensation to be provided for Rights in respect of Burial and other Rights of Ministers of the said United Church, which may be affected by the Prohibition of Interment in any Burial Ground under this Act, shall be approved by the Bishop of the Diocese: Provided that, subject to the Provisions herein contained, the 40 Parishioners and Inhabitants of the several Parishes, Parts of the Parishes, and Places within the District for which a Burial Ground