Pennsylvania Act 1887-47 — SUPPLEMENTARY ACT, BURIAL GROUNDS

Act text

SUPPLEMENTARY ACT, BURIAL GROUNDS
                   Act of May 12, 1887, P.L. 96, No. 47               Cl. 09
                               A SUPPLEMENT

     To an act, entitled "An act supplementary to an act relative to
        burial grounds and cemeteries situated in incorporated
        boroughs," approved the nineteenth day of May, one thousand
        eight hundred and seventy-four, changing the title of said
        act, and authorizing the court to make orders and decrees
        required by the act, and to enforce the same by process,
        approved the thirteenth day of May, eighteen hundred and
        seventy-six, further empowering courts to direct removal of
        remains in boroughs, cities, and towns from burial grounds
        where interments have ceased or have become so neglected as
        to become a public nuisance, or such remains interfere with
        the improvements, extensions, and interests of such cities,
        boroughs, or towns.

        Section 1.  Removal of bodies from burial grounds which are a
     public nuisance, or land is required for other uses
        When by the growth of cities, towns, and counties of the
     second class, and the opening of incorporated or unincorporated
     cemeteries in cities, or in the vicinity thereof, and in
     counties of the second class, or from other causes, any burial-
     ground privately owned and in charge of no person or persons, or
     any burial-ground belonging to or in charge of any religious
     society or church directly, or through trustees thereof, or in
     charge of no person, persons, church or society, or belonging to
     or in charge of any municipality or county of the second class,
     has ceased to be used for interments, or has become so
     neglected, as in the opinion of the court, to become a public
     nuisance, or that the remains of bodies interred in any such
     neglected or disused cemetery in any city or county of the
     second class interfere with and hinder the improvements,
     extensions, and general progressive interests of any city or
     county of the second class; or when the said land shall be
     desired by the said municipality, or in the school district
     thereof, or by the county of the second class, for the erection
     thereon of any municipal or county school, or free public
     library building, or for use as recreation centres or municipal
     or county playgrounds, or the opening, laying out, or extension
     through said land of any street or highway, or for any other
     public purposes; the Court of Quarter Sessions of the several
     counties of this Commonwealth, upon petition of the managers,
     officers, county of the second class or municipality, or, on the
     petition of fifty or more citizens or residents in the vicinity,
     in case where such cemetery or graveyard is not in charge of any
     person, persons, church or society, or trustees of such society
     or church, setting forth that the erection, extension,
     improvements, and general progressive interests of such city or
     county of the second class are hampered and interfered with, and
     the welfare of such city or county is injured to the detriment
     thereof and of the public good, or, upon the petition of said
     county or municipality, or school district thereof, that the
     said land shall be desired by said municipality or the school
     district thereof or by the county of the second class for the
     erection thereon of any municipal, school, or free public
     library building, or for use as recreation centres or municipal
     or county playgrounds, or the opening, laying out, or extension
     through said land of any street or highway, or for any other
     public purposes, and after three weeks of advertisement or
     hearing in open court for the purpose, may, after a full hearing
     of the parties, their proofs and allegations, authorize and
     direct the removal of the remains of the dead from such burial
     grounds: provided, that no such application shall be made by the
     managers, officers, or trustees of such society or church,
     except in pursuance of the wishes of a majority of the members
     of such society or church, expressed at a meeting held for that
     purpose after two weeks' public notice.  After the removal of
     all dead bodies from such burial grounds, the said land shall
     cease to be a cemetery or burial ground for all and any purpose
     whatsoever, and may be acquired by the county of the second
     class, municipality or school district thereof as other lands
     are acquired for county, municipal or school purposes.  1887,
     May 12, P.L. 96, Sec. 1; 1909, April 29, P.L. 291, Sec. 1; 1925,
     April 27, P.L. 300, Sec. 1; 1931, May 21, P.L. 187, Sec. 1. as
     amended 1961, Sept. 14, P.L. 1293, Sec. 1.
        Section 2.  Removals regulated
        Such removal to be made by such managers, officers, or by the
     authorities of such city, county or any of the school districts
     thereof, when such burial-ground is not in the charge of any
     person, persons, church or society, trustees of such society or
     church, or under their direction, in a careful manner, at their
     own expense, to such other burial-ground or grounds they may
     select for said purpose; or, if desired by the relatives or
     friends of such dead, to some properly regulated burial-ground
     or cemetery in the immediate vicinity; and said courts may
     enforce, by proper process, orders and decrees made under this
     act: Provided, however, That before removing any of the said
     bodies, said managers, trustees, city or county authorities, or
     the authorities of said school district, shall publish, for two
     successive weeks in two daily or weekly newspapers of such city
     or county wherein such burial ground is located, a notice
     declaring their intention to remove said remains in pursuance of
     this act: and provided further, that relatives and friends of
     such dead shall have the right to so remove said remains, at any
     time during said proceedings, at their own expense, before
     actual removal by such managers, officers or trustees: and it is
     further provided, that all bodies, when so removed, shall be
     placed in separate caskets and graves, and the headstones,
     monuments, or other marks placed by the remains of said bodies,
     shall be taken, by the persons authorized to make such removal,
     and placed as near as can be in the same relative position as
     before removal.  1887, May 12, P.L. 96, Sec. 1., 1909, April 29,
     P.L. 291, Sec. 2. as amended 1961, Sept. 14, P.L. 1293, Sec. 2.