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40:60-25.37 - Proceedings where church or other corporation controlling cemetery is unable or refuses to convey

40:60-25.37.  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 of  having conveyed lots or plots or some interest therein to private persons, then  it shall be lawful for the said board or body having charge or control of the  finances of such municipality or the said board of education to bring an action  in the Superior Court to obtain permission for said municipality or the board  of education thereof to take possession of said burying ground or cemetery and  to cause the bodies in said burying ground or cemetery to be disinterred and to  be removed to some suitable place either within or without the limits of said  municipality.  The court may proceed in the action in a summary manner or  otherwise.

     L.1948, c. 80, p. 468, s. 5.  Amended by L.1953, c. 37, p. 709, s. 202, eff. March 19, 1953.
 

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