Pennsylvania Act 1955-366 — AUTHORIZING CEMETERY OWNERS TO IMPROVE NEGLECTED CEMETERIES

Act text

AUTHORIZING CEMETERY OWNERS TO IMPROVE NEGLECTED CEMETERIES
             Act of Feb. 28, (1956) 1955, P.L. 1187, No. 366          Cl. 09
                                  AN ACT

     Authorizing the owners of cemeteries, with the approval of the
        court of quarter sessions, to improve neglected cemeteries
        without the removal of the dead therefrom in certain cases,
        and conferring jurisdiction on courts of quarter sessions for
        such purposes.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Whenever any cemetery, or any part or section
     thereof, owned by any incorporated or unincorporated church,
     cemetery or burial association, shall become so neglected as, in
     the opinion of the court of quarter sessions of the county
     wherein such cemetery is situated, to become a public nuisance,
     such court, upon petition of the incorporated or unincorporated
     church, cemetery or burial association managing and conducting
     such cemetery and after such notice as is required in section
     four of this act, may authorize the management thereof at its
     cost and expense to improve the cemetery or any part or section
     thereof, without the removal of any dead therefrom, by the
     restoration, improvement or removal of some or all of the
     gravestones, posts, railings, fences or other structures or
     improvements thereon.
        Section 2.  If the court authorized the removal of
     gravestones, it shall direct the petitioner to erect and
     maintain at a prominent location in the cemetery a suitable
     memorial stone, bronze or similar material, having inscribed
     thereon the available names and dates of all persons buried in
     the cemetery or part or section thereof, the gravestones for
     whom have been authorized to be removed.
        Section 3.  The petition filed by the church, cemetery or
     burial association, shall set forth the proposed plans of
     petitioner for the improvements of the cemetery, part or section
     thereof, including, if it proposes to remove the gravestones, a
     description of the memorial it intends to erect, the known names
     and dates of the dead buried therein and the known names and
     addresses of the person or persons having rights of interment
     therein.
        Accompanying the petition shall be a scale drawing of the
     area to be improved, which shall show and designate the location
     of the graves from which the gravestones are to be removed. The
     drawing shall be filed and preserved by the court of quarter
     sessions, and a copy thereof shall be filed and preserved by the
     church, cemetery or burial association.
        Section 4.  Whenever a church, cemetery or burial association
     shall file a petition as hereinbefore provided, the court shall
     direct such notice of the filing of the petition and of a date
     fixed for hearing thereon to be given to the owners of rights of
     interment therein, and to the known descendants of the dead
     buried therein, in such manner as it shall deem appropriate. An
     opportunity to be heard shall be afforded to all such persons,
     if any appear, before the court shall make an order authorizing
     the petitioner to improve such cemetery, part or section
     thereof.
        Section 5.  This act shall take effect immediately.