26:6-5 - Cemeteries dangerous to public health;Ā action for relief; costs
26:6-5.Ā Cemeteries dangerous to public health;Ā action for relief; costs
When a cemetery or burial ground or part thereof for any reason has become dangerous to the public health and it shall be deemed inadvisable that any further interments be made therein, any municipal authority within whose limitsĀ the cemetery or burial ground is situate, or the State department or any localĀ board, may institute an action in the Superior Court, either in the name of theĀ State on the relation of the plaintiff or otherwise.
If the court shall determine that the cemetery or burial ground or any partĀ thereof is dangerous to the public health for any reason, or that furtherĀ interments therein would be inadvisable, the court may, by injunction orĀ otherwise, grant such relief as may be proper and necessary for the protectionĀ of the public health.
If the court shall determine that the plaintiff is not entitled to any relief, costs shall be awarded against the plaintiff, but only if it appears toĀ the court that no probable cause existed for bringing the action.
Amended by L.1953, c. 26, p. 478, s. 50.
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When a cemetery or burial ground or part thereof for any reason has become dangerous to the public health and it shall be deemed inadvisable that any further interments be made therein, any municipal authority within whose limitsĀ the cemetery or burial ground is situate, or the State department or any localĀ board, may institute an action in the Superior Court, either in the name of theĀ State on the relation of the plaintiff or otherwise.
If the court shall determine that the cemetery or burial ground or any partĀ thereof is dangerous to the public health for any reason, or that furtherĀ interments therein would be inadvisable, the court may, by injunction orĀ otherwise, grant such relief as may be proper and necessary for the protectionĀ of the public health.
If the court shall determine that the plaintiff is not entitled to any relief, costs shall be awarded against the plaintiff, but only if it appears toĀ the court that no probable cause existed for bringing the action.
Amended by L.1953, c. 26, p. 478, s. 50.
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