Pennsylvania Act 1891-238 — CONCERNING REMOVAL OF DEAD BODIES FROM BURIAL GROUNDS

Act text

CONCERNING REMOVAL OF DEAD BODIES FROM BURIAL GROUNDS
                 Act of Jun. 16, 1891, P.L. 310, No. 238              Cl. 09
                               A SUPPLEMENT

     To an act, entitled "An act supplementary to an act relative to
        burial grounds and cemeteries situated in incorporated
        boroughs, approved the nineteenth day of May, one thousand
        eight hundred and seventy-four, changing the title of said
        act and authorizing the court to make orders and decrees
        required by the act, and to enforce the same by process,"
        approved the thirteenth day of May, one thousand eight
        hundred and seventy-six, further empowering courts to direct
        removal of remains in boroughs and cities, from burial
        grounds where interments have ceased and such remains
        interfere with religious buildings or trusts," approved the
        eighteenth day of April, Anno Domini one thousand eight
        hundred and seventy-seven, further empowering courts to
        authorize removal of remains in cities or boroughs, from
        burial grounds held or owned by gift or grant from the
        Commonwealth in all cases where interments therein have
        ceased, to such suitable place as may be provided: And
        provided, That such real estate may be held, leased, sold,
        let on ground rent or mortgaged and the same and the proceeds
        thereof be held for other religious or charitable purposes.

        Section 1.  Court of quarter sessions may, upon petition of
     majority of managers of burial grounds, in certain cases,
     authorize removal of the dead bodies
        Wherever, by virtue of any gift or grant from the
     Commonwealth, any real estate in cities or boroughs is owned by
     any church or religious society, or is vested in trustees of,
     for or representing any church or religious society, for the
     purpose of a burial ground, or in trust for such purpose, the
     courts of quarter sessions of the several counties of this
     Commonwealth, upon petition of a majority of the managers,
     officers or trustees of such church or society, or of the
     trustees in whom the legal title of such burial ground shall be
     vested, setting forth that any such burial ground has ceased to
     be used for interments, shall have and exercise the jurisdiction
     conferred upon them by the act approved april 18th, 1877, which
     is hereinafter published at length, and, upon proceedings duly
     instituted and prosecuted in accordance with the provisions of
     said act, but without requiring any averment or proof other than
     that such burial ground has ceased to be used for interments,
     may, after a full hearing of the parties, their proofs and
     allegations, authorize and direct the removal of the remains of
     the dead from any such burial ground in such manner and to such
     suitable place as said church, society or trustees shall
     provide.  1891, June 16, P.L. 310, Sec. 1.
        Section 2.  Disposition of land and of the proceeds thereof
     after court authorizes removal of remains
        In any and every case where the proper court of quarter
     sessions shall authorize the removal of the remains of the dead
     from any burial ground or burial grounds, under the provisions
     of the first section of this act, it shall be lawful for any
     church or religious society or trustees of, for or representing
     any church or religious society, or the trustees in whom the
     legal title to such burying ground is vested, to hold, lease,
     sell, let on ground rent or to mortgage such real estate, and
     the same and the proceeds thereof to hold for any religious or
     charitable purposes, objects, works or trusts of such church or
     religious society.  And full power and authority is hereby
     conferred upon and granted to any such church, religious society
     or trustees, their successors or successor and survivors and
     survivor, and the heirs and assigns of such successor or
     survivor, to sell any and all such real estate and any and all
     parts or parcels thereof in fee simple and free, clear and
     discharged of and from all trusts and restrictions, and of and
     from all reversionary rights now subsisting in the Commonwealth,
     either at public or private sale, the trusts hereby limited and
     declared for the other religious or charitable purposes, objects
     or trusts of such church or religious society to attach to and
     only to the proceeds of such sale or sales: Provided, however,
     That out of the proceeds of any such sale or sales any sum which
     may be necessary for the purpose shall be reserved and applied
     to meet and make all lawful requirements and disbursements for
     the costs and expenses of the proceedings, and for the removal
     of the remains of the dead and the provision of a suitable place
     for their reinterment.  1891, June 16, P.L. 310, Sec. 2.