Pennsylvania Act 1877-54 — SUPPLEMENTARY ACT, CEMETERIES

Act text

SUPPLEMENTARY ACT, CEMETERIES
                  Act of Apr. 18, 1877, P.L. 54, No. 54               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, eighteen
        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 and cities, from burial grounds where interments
        have ceased and such remains interfere with religious
        buildings or trusts.

        Section 1.  Bodies may be removed from burial grounds by
     order of court to permit new buildings
        When, by the growth of cities and the opening of incorporated
     cemeteries in the vicinity thereof, or from other causes, any
     burial ground belonging to or in charge of any religious society
     or church directly or through trustees therefor, has ceased to
     be used for interments, the courts of quarter sessions of the
     several counties of this Commonwealth, upon petition of the
     managers, officers or trustees of such society or church,
     setting forth that the erection, extension or improvement of
     buildings for religious purposes of such society or church are
     hampered and interfered with, and the welfare of such religious
     society or church is injured to the detriment thereof and of the
     public good, and after four weeks' advertisement of hearing in
     open court for the purpose, may, after a full hearing of the
     parties therein, proofs and allegations, authorize and direct
     the removal of the remains of the dead from so much of such
     burial ground as may be needed for buildings for religious
     purposes only by the managers, officers or trustees of such
     society or church: 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 church
     election held for that purpose after two weeks' public notice.
     1877, April 18, P.L. 54, Sec. 1.
        Section 2.  Course to be pursued relative to removal of
     bodies from burial grounds
        Such removal to be made by such managers, officers or
     trustees of such society or church in careful manner, at their
     own expense, to other parts of the same burial ground, or if
     desired by the relatives or friends of such dead, to some other
     properly regulated burial ground or cemetery in the vicinity;
     and said courts may enforce by proper process orders and decrees
     made under this act: Provided, However, that before removing any
     of said bodies, said managers, officers or trustees shall
     publish for four consecutive weeks in two newspapers of such
     city a notice declaring their intention to remove said remains
     in pursuance of this act: And provided further, That relatives
     or friends of such dead shall have the right to so remove said
     remains at any time during the said proceedings, before actual
     removal by such managers, officers or trustees, said court to
     have authority to allow a reasonable compensation to said
     relatives for the expense of said removal or removals.  1877,
     April 18, P.L. 54, Sec. 2.