17-1345.   Disorganization of township cemetery and formation ofdistrict; petition; transfer of property.Whenever a petition setting forth a proposed cemetery district (whichincludes territory wherein an existing township cemetery is located) and aproposal to disorganize the existing township cemetery, signed by not lessthan fifty-one percent of the qualified electors of said proposed district,to be determined by an enumeration taken and verified for this purpose bysome qualified elector of said proposed district, shall be presented to theboard of county commissioners of the county in which lies the greatestportion of the territory comprising said district, in favor of suchpetition together with a resolution unanimously adopted and signed by themembers of the township board of the township having such township cemeterywhich is to be disorganized stating that said township board agrees andconsents to the disorganization of said township cemetery, it shall be theduty of the board of county commissioners at its next regular meeting toexamine said petition and resolution and, if it finds that said petitionand resolution are regular and in the form herein prescribed and that thereis no outstanding indebtedness against said township cemetery district andthat said township board is willing to convey all right, title and interestof said township in and to said cemetery to the proposed new cemeterydistrict, it shall enter an order in its proceedings disorganizing saidtownship cemetery district and establishing said proposed cemeterydistrict.

      Thereupon, the township board of the township shall convey all right,title and interest in and to said township cemetery to the newly organizedcemetery district. Such conveyance shall be made by a deed signed andacknowledged by the township trustee. Immediately upon the selection andqualification of the treasurer of the new cemetery district, the townshiptreasurer shall pay over to such cemetery district treasurer all funds andmoneys in his hands together with all moneys and funds in the countytreasury which have been collected for cemetery purposes by such township.

      History:   L. 1943, ch. 330, § 1; June 28.