296 - Abandonment of cemeteries.

§  296.  Abandonment of cemeteries. Upon a verified petition presented  to a judge of a court of record by any supervisor of any  town  in  this  state,  the judge to whom said verified petition is presented shall make  an order to show cause, returnable before him at a time and place within  the county in not less than twenty days from the date of presentation of  said petition, why the remains of any deceased person buried in potter's  field, or in any neglected or abandoned cemeteries in which no  deceased  person  shall  have  been  interred  within  twenty years, should not be  removed to and reinterred in a properly kept  incorporated  cemetery  in  the  same  town  or  in  a  town or city adjoining the town in which the  remains of each deceased person or persons are buried, and  to  fix  the  amount  of  expenses  for such removal and reinterment, and the order to  show cause shall provide for its  publication  in  a  newspaper,  to  be  designated in the order, which is published nearest to the cemetery from  which  the  removal  is to be made, once in each week for two successive  weeks. The verified petition presented to the judge shall show that  the  petitioner is a supervisor of the town in which said cemetery is located  and  (1)  the  name  of the deceased person or persons whose remains are  sought to be removed, if  known;  (2)  the  name  and  location  of  the  cemetery  in  which he is interred and from which removal is asked to be  made; (3) the name and location of the incorporated  cemetery  to  which  the  remains  are  desired  to  be removed and reinterred; (4) the facts  showing the reasons for such removal. Upon the return day of  the  order  to show cause and at the time and place fixed in said order, upon filing  proof  of  publication  of the order to show cause with the judge, if no  objection is made thereto, he shall make an order directing the  removal  of  the  remains  of  said  deceased  person  or persons to the cemetery  designated in the petition within the town or  city  or  within  a  town  adjoining  the  town  or  city  in which the remains are then buried and  shall specify in the order the amount of the expenses of  such  removal,  which  expenses of removal and reinterment, including the expense of the  proceeding under this section, shall be a charge upon the town in  which  the  cemetery  is  situated  from  which  the  removal  is made and such  expenses shall be a town charge and audited by the town board  and  paid  in  the  same manner as other town charges. On and after the removal and  reinterment of the remains  of  any  deceased  person  or  persons,  the  expenses  for  annual  care  of  the  grave in the cemetery to which the  removal is made shall be annually provided by  the  town  in  which  the  remains  were  originally  buried at a rate not to exceed twenty dollars  per grave, and shall be  paid  annually  to  the  incorporated  cemetery  association  to which the remains of each deceased person may be removed  or reinterred. Any town owning a lot or lots in a cemetery maintained by  an incorporated cemetery association in which the  remains  of  deceased  persons  have  been  or may be buried pursuant to this section, however,  may pay such association an amount sufficient to provide perpetual  care  therefor.  The  petition  and order shall be filed in the county clerk's  office of the county in which the remains of the  deceased  person  were  originally  interred,  and  the service of a certified copy of the final  order upon the cemetery association shall be made prior to any  removal.  Any  relative  of  the  deceased  person  or the officer of any cemetery  association in which the remains of the deceased person were  originally  interred  may  oppose  the  granting  of  said order and the judge shall  summarily hear the statement of the parties and make such order  as  the  justice  and  equity  of the application shall require. Any headstone or  monument which marks the grave of the deceased person shall  be  removed  and reset at the grave in the cemetery in which the removal is permitted  to  be made and in each case the final order shall provide the amount of  the expenses of such removals  and  reinterment  and  resetting  of  theheadstone  or  monument, including the expenses of the proceedings under  this section; except that where provision  is  otherwise  made  for  the  purchase or erection of a new headstone, monument or marker at the grave  in  the  cemetery to which such removal is permitted, such old headstone  or monument need not be so removed and reset, in which case  such  final  order  shall  not  provide for the expense of resetting. The order shall  designate the person or  persons  having  charge  of  the  removals  and  reinterments.  Upon completion of the removal, reinterment and resetting  of the headstones or monuments, the person or persons having  charge  of  the  same  shall  make a verified report of the removal, reinterment and  resetting of the headstone or  monument  and  file  the  report  in  the  clerk's office of the proper county.    After said bodies shall have been removed and reinterred in the manner  prescribed by said order, said lands in which such deceased persons were  originally  interred shall be available for and subject to such uses for  town purposes as the town board of such town may determine  and  may  be  conveyed  or  otherwise  disposed  of  in  the same manner as other town  lands.