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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 185

Provisions of Act extended to additions to existing burial grounds.

185. When any burial ground not being attached or contiguous to any such
church, chapel, or place of worship, nor situate, as aforesaid, is without any
sufficient fence, or is not kept in decent order, the burial board for the
district within which such burial ground shall be situated may, by notice in
writing to the owner of such burial ground, require him properly to fence the
same or put the same in decent order within a time to be specified in such
notice, not being less than six calendar months, and if such notice be not
complied with within the time specified in such notice, the said burial board
may securely fence such burial ground, and put the same into decent order, and
the expense thereof shall be deemed part of the expenses incurred by the
burial board in the execution of this Act; and whenever it shall be necessary
for obtaining convenient access for the purposes aforesaid, the said owner, or
the burial board, and all persons authorised by them, may for the purpose of
such access enter upon any lands adjoining the burial ground, doing no
unnecessary damage, and any person injured by such entry shall be compensated
in the manner provided by this Act in that behalf: Provided always, that if
any dispute shall arise between the burial board and the owners as to the
necessity of such notice, or the sufficiency of his compliance with the same,
or upon any ground connected with the work so required to be done, such
dispute shall be referred to the Local Government Board, whose decision shall
be final.


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