Pennsylvania Act 1913-354 — BURIAL GROUNDS, CONVEYANCE

Act text

BURIAL GROUNDS, CONVEYANCE
                 Act of Jun. 25, 1913, P.L. 551, No. 354              Cl. 09
                                  AN ACT

     To authorize incorporated or unincorporated churches,
        cemeteries, or burial associations, owning burial-grounds
        located wholly or in part in any city, township, or borough
        of this Commonwealth, to purchase other grounds, and to sell
        and convey in fee simple such portions of their land, not
        used or conveyed by them for burial purposes, or which may
        have been reconveyed to them or shall have reverted or become
        acquired by them, under the terms hereof, or otherwise; and
        providing for and authorizing the several courts of quarter
        sessions of the several counties of this Commonwealth, upon
        petition of the managers, officers, and other persons vested
        with the management of said burial-ground, to make orders and
        decrees for the removal of all bodies interred in such
        burial-grounds or cemeteries belonging to any incorporated or
        unincorporated church, cemetery, or burial association; and
        to provide for the purchase of new lots, the cost of the
        removal of such bodies, and compensation to the owners of the
        lot or lots therein, the sale of the ground, and disposition
        of the proceeds derived from such sale.

        Section 1.  Be it enacted, &c., That whenever any
     incorporated or unincorporated church, cemetery, or burial
     association own burial grounds, wholly or in part in any city,
     township, or borough in this Commonwealth, and by reason of the
     growth thereof, as well as for sanitary purposes, it is deemed
     necessary or desirable, in the opinion of the said church,
     cemetery, or burial association, to change the location thereof;
     or if, by reason of the opening of streets, roads, or public
     passages around or through the same, a portion of the property
     has become angular and partly surrounded by improvements; or if,
     by reason of the proximity of adjacent property, the interment
     of the dead may, in the interest of public health, be prohibited
     in any part or parts of the ground belonging to any incorporated
     or unincorporated church, cemetery, or burial association
     aforesaid; or, from other causes, any burial-ground, belonging
     to or in charge of any incorporated or unincorporated church,
     cemetery, or burial association, has ceased to be used for
     interments, and has become so neglected as to become a public
     nuisance; or that the remains of bodies interred in any such
     neglected or disused cemetery, in any city, township, or
     borough, interfere with and hinder the improvements, extensions,
     and general progressive interest of any city, township, or
     borough,--it shall be lawful for such incorporated or
     unincorporated church, cemetery, or burial association, and they
     are hereby authorized and empowered, to purchase new and more
     suitable grounds in the vicinity of such city, township, or
     borough, of such extent and area as they shall deem expedient;
     or to purchase lots or sections in other properly regulated
     burial-ground or cemetery in the vicinity of such city,
     township, or borough, for the burial of the dead; and to
     purchase from the holders of lots in their own grounds the said
     lots, whether interments have been made in them or not, and
     provide for the reinterment of bodies that may be buried in any
     of the lots so purchased by them. And the board of managers,
     trustees, or other officials in whom is vested the management of
     the affairs of such incorporated or unincorporated church,
     cemetery, or burial association, are also hereby authorized and
     empowered to contract and agree with the owners of the lots in
     which interments have been made to remove from said lots the
     dead, to such new locations, upon such terms as may or can be
     mutually agreed upon. And in case any bodies have been interred
     in lots in such cemetery or cemeteries, and the owners of the
     lots in which the interments are made cannot, after diligent
     search by the board of managers, trustees, or other officials,
     be found, such bodies may be removed by the aforesaid managing
     officials to lots in such grounds, so purchased by said
     incorporated or unincorporated church, cemetery, or burial
     association, or to lots or sections in other properly regulated
     burial-ground or cemetery in the vicinity of such city,
     township, or borough, and interred therein; the expense of such
     removal and interment, enclosures and improvements to be borne
     by such incorporated or unincorporated church, cemetery, or
     burial association; and, upon such removal being made, the
     ground from which the bodies are so removed shall be deemed and
     considered vacated for burial purposes, and revert to and become
     the property of such incorporated or unincorporated church,
     cemetery, or burial association making such removal, and be
     taken and considered the same as if said lot or lots had never
     been sold by the said church, cemetery, or burial association,
     for the purpose of interment or any other purpose whatsoever.
     And in case the holders of lots in which no interments have been
     made cannot, after diligent search by the managing officials
     above mentioned, be found, then the managing officials may, in
     their discretion, assign to said owner parts of the ground so
     purchased, equal in value to the said lots the owners of which
     cannot be found; or assign to such owners lots of equal value in
     other properly regulated burial-ground or cemetery in the
     vicinity of such city, township, or borough; or the said
     managing officials may set apart or hold in trust, for the
     owners of said lots who cannot be found, a sum of not less than
     the original price paid for said lots by the owner, and shall
     hold and securely keep the said sum so set apart, for the
     benefit of the said owners, and pay to them whenever they may
     call for the same; and thereupon, whenever lots of equal value
     shall have been set apart, on the books of said incorporated or
     unincorporated church, cemetery, or burial association, as
     having been assigned to said owners who cannot be found, in the
     new and more suitable ground so purchased, or in a properly
     regulated burial-ground or cemetery in the vicinity of such
     city, township, or borough; or as soon as the said managing
     officials shall set apart a sum equal to the price paid for said
     lots, the owners of which cannot be found, for the benefit of
     said owners,--then, and in that case, the lots heretofore held
     by said owners shall revert to and become the property of said
     incorporated or unincorporated church, cemetery, or burial
     association, in whose ground the same are located, as if the
     same had never been sold for the purpose of interment or any
     other purpose whatsoever; and such incorporated or
     unincorporated church, cemetery, or burial association is hereby
     further authorized and empowered to sell and convey in fee
     simple, and unrestricted as to use, all such portions of their
     land not used or conveyed by them for burial purposes, or which
     shall have been reconveyed to them, or which have reverted to or
     become acquired by them as hereinbefore authorized, and from
     which all bodies shall have been removed; and to make, grant,
     and deliver in the customary form a deed or deeds for the same
     to the purchaser or purchasers, free, clear, and discharged of
     any use, trust, or limitation whatsoever.
        Section 2.  (2 repealed Aug. 11, 1959, P.L.676, No.223)
        Section 2.1.  The courts of quarter sessions of the several
     counties of this Commonwealth, upon petition of the proper
     officials in whom is vested the management of the affairs of any
     incorporated or unincorporated church, cemetery or burial
     association, setting forth any one or more of the following
     reasons:
        (1)  That due to the opening of streets, roads or public
     passages around or through the same, a portion of the property
     has become angular and partly surrounded by improvements; or
        (2)  That due to the proximity of adjacent property, the
     interment of the dead may, in the interest of public health, be
     prohibited in the ground belonging to any such church, cemetery
     or burial association aforesaid; or
        (3)  That from other causes, any burial ground belonging to
     or in charge of any such incorporated or unincorporated church,
     cemetery or burial association, has ceased to be used for
     interments and has become so neglected as to become a public
     nuisance; or
        (4)  That the remains of such bodies interred in any such
     neglected or disused cemetery in any city, township or borough
     interfere with and hinder the improvements, extension and
     general progressive interest of the Commonwealth or any city,
     borough, town or township; and after three weeks of
     advertisement of hearing in open court, for the purpose, are
     hereby vested and empowered with full power and authority, after
     full hearing of the parties therein, proofs and allegations, for
     any one or more of the above reasons, to authorize and direct
     the removal of the remains of all of the dead from the whole or
     any part of such cemetery or burial ground to another portion of
     the said cemetery or burial ground or to such other suitable
     ground as said officials may have procured in the vicinity for
     the reinterment of the bodies, or to such lots or sections in a
     properly regulated burial ground in the vicinity, and to order
     and decree that the ground from which the bodies have been
     removed shall be forever vacated for burial purposes.
        (2.1 added Aug. 11, 1959, P.L.676, No.223)
        Section 3.  After the removal of the bodies, as provided for
     in section 2.1, the said court of quarter sessions may, upon
     petition of the said managers, trustees, or other officers
     referred to in said section, and upon being satisfied that the
     order of the court has been duly complied with, authorize and
     empower the said managers, trustees or other officers, in whom
     is vested the management of such incorporated or unincorporated
     church, cemetery, or burial association, to sell said burial
     ground at public or private sale, either as a whole or divided
     into lots, as they may deem most advisable and most likely to
     realize the most money, and to make, execute, and deliver to the
     purchasers a deed or deeds therefor, which deed or deeds shall
     vest in said purchaser or purchasers a perfect and indefeasible
     fee simple title, free and clear from all claims or interest of
     said incorporated or unincorporated church, cemetery, or burial
     association, and of all owner or owners of lot or lots in said
     burial-ground, the proceeds thereof being substituted in all
     respects for said ground.
        (3 amended Aug. 11, 1959, P.L.676, No.223)
        Section 4.  The proceeds of such sale or sales shall be
     applied and distributed by said managers, trustees, or other
     officers, in whom is vested the management of such incorporated
     or unincorporated church, cemetery, or burial association, as
     follows: (1) to the payment of the expenses of removing said
     bodies and the monuments or tombstones erected or maintained in
     such cemetery, including the purchase of new grounds or new lots
     in a properly regulated burial-ground or cemetery, in the
     vicinity of such city, township, or borough; (2) to the
     compensation or payment to lot owners in said burial-ground, in
     which no bodies have been interred; and (3) the residue, after
     defraying all necessary expenses incident to the removal of said
     bodies and interring the same in a careful manner, to be held in
     trust for lot owners who cannot be found after diligent search,
     and for such other uses, objects, and purposes as said
     incorporated or unincorporated church, cemetery, or burial
     association may order, direct, and appoint.