40:60-25.37 - Proceedings where church or other corporation controlling cemetery is unable or refuses to convey
40:60-25.37.Ā Proceedings where church or other corporation controlling cemetery is unable or refuses to convey
In case the application is made by the board of health, as provided in section two, and the church or other corporation controlling such burying ground or cemetery shall refuse or neglect to execute such deed, or is unable to convey the whole or any part of such burying ground or cemetery by reason ofĀ having conveyed lots or plots or some interest therein to private persons, thenĀ it shall be lawful for the said board or body having charge or control of theĀ finances of such municipality or the said board of education to bring an actionĀ in the Superior Court to obtain permission for said municipality or the boardĀ of education thereof to take possession of said burying ground or cemetery andĀ to cause the bodies in said burying ground or cemetery to be disinterred and toĀ be removed to some suitable place either within or without the limits of saidĀ municipality.Ā The court may proceed in the action in a summary manner orĀ otherwise.
L.1948, c. 80, p. 468, s. 5.Ā Amended by L.1953, c. 37, p. 709, s. 202, eff. March 19, 1953.
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In case the application is made by the board of health, as provided in section two, and the church or other corporation controlling such burying ground or cemetery shall refuse or neglect to execute such deed, or is unable to convey the whole or any part of such burying ground or cemetery by reason ofĀ having conveyed lots or plots or some interest therein to private persons, thenĀ it shall be lawful for the said board or body having charge or control of theĀ finances of such municipality or the said board of education to bring an actionĀ in the Superior Court to obtain permission for said municipality or the boardĀ of education thereof to take possession of said burying ground or cemetery andĀ to cause the bodies in said burying ground or cemetery to be disinterred and toĀ be removed to some suitable place either within or without the limits of saidĀ municipality.Ā The court may proceed in the action in a summary manner orĀ otherwise.
L.1948, c. 80, p. 468, s. 5.Ā Amended by L.1953, c. 37, p. 709, s. 202, eff. March 19, 1953.
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