Montour American. (Danville, Pa.) 1866-1920, 1907-07-18
COURT ORDERS
REMOVAL Of BODIES


the dead from the old cemetery on
Bloom street in pursuance of the hear
ing held in the court house on Satur-
day. July 9Th, on which occasion a
petition was presented from the trus-
tees of the Grove Presbyterian church
asking for the legal abandonment of
the cemetery.
The petition, set forth that no in
terments had been made in the oeme-
terry for years, that the burial ground
was wholly abandoned and neglected,
and had become a public nuisance A
number of leading citizens testified at
the hearing. corroborating the allega-
tions made by the petitioners as to the
neglected condition of the cemetery
and the extent to which it was a det-
riment to the borough.
LOT OWNERS HAVE NO TITLE,
Borough Solicitor E. S. Gearhart
cited authorities to show that the own
ers of lots have no real claim or title
to the land that in purchasing a lot
they merely brought grant or license
to bury on the ground and if at any
time. owing to change of conditions,
1t became necessary to legally abandon
the cemetery the most that they could
ask was due notice and sufficient time
to enable them to remove their dead.
provided they did not wish to leave
the disposition of remains to the petit
tioners asking for abandonment
In disposing of the matter there.
fore, about all that devolved on the
court was to empower and direct the
removal of such bodies as remain at
the present day. When the remains
are removed pursuant to the decree the
old cemetery will cease to exist as a
cemetery and will be wholly at the
disposal of the trustees, the petition
ers in the case, to which BODY the
ground was transferred during the
eighteenth century. AS is generally
known the distinct understanding is
that the trustees will present the
abandoned site of the burial ground
to the borough, which will grade the
spot and use it as public park.
FINAL DECREE OF COURT
to the court that due and legal notice
of this hearing has been given as here
tofore directed in such behalf, and af-
ter a full hearing of the parties, their
proofs and allegations the court is
clearly of the opinion that the within
described cemetery or burial ground
has long ceased to be used for inter,
ments and that the same has come to
be so neglected as to become public
nuisance and that the remains of the
bodies inferred therein seriously in
terfere with and hinder the improve
ments, extensions and general progress
sive interests of the said borough of
Danville, and that. therefore, the court
do hereby authorize, empower, order
and direct the removal of such remains
of the dead as can yet be found therein
from the said cemetery or burial
ground by the within named trustees
and petitioners in careful manner at
their own expense to such other burial
ground or grounds as they may select
for such purpose. and, if desired by
the relatives or friends of such dead,
to some properly regulated burial
ground or cemetery in the immediate
and the court do hereby fur
ther order and direct that before re-
moving any of the said bodies the said
trustees shall publish for two consecu-
tive weeks in two daily or weekly
of the said borough of Dan
Vile a notice declaring their inten-
tion to remove said remains in pursu-
ance of this act and it is hereby fur
ther ordered and directed that rela-
tives and friends of such dead shall
have the right to so remove said re-
mains at any time during said pro-
ceedings at their own expense before
actual removal by the said trustees
and it is hereby still further ordered
and directed that all bodies when so
removed shall be placed in separate
caskets and graves and the headstones,
or other marks placed by
the remains Of said bodies shall be
taken by the said trustees and placed
as near as can be in the same relative
position as before removal. By the
court,
CHARLES @. EVANS, P. J.
HEALTH BOARD YIELDS POINT.
In view of the above decree the re-
moval of the bodies, which has been
going on steadily, will no doubt re-
ceive fresh impetus. Under the state
law disinterments are not permitted
during the months of June. July,
August and September, but owing to
the exceptional conditions the board
of health has suspended the law as far
as it relates to the old cemetery on
Bloom street and will permit the re-
moval of bodies during all the sum
mer months.
FRED Held will leave today for Wap-
wallopen, where he will be employed
by the Danville Foundry & Machine