THOMAS SWANN. ESQUIRE. GOVERNOR. 369

dedicated and used for the purposes of burial in which lots have been sold and deeds executed or certificates issued to the purchasers of such lots, provided such lots shall be no longer used for burial purposes, the court may order notice to be given by publication in one or more newspapers published in the city or county in which the ground to be sold may be situated, stating the sub- stance and object of the said bill, and containing the names of the original lotholders or their as- signees if known, warning all the lotholders, whether they be residents or non-residents, adults or infants to appear on or before a day fixed in such order and show cause why the relief prayed should not be granted, and such notice shall be published as the court may direct, not less however than once a week for four successive weeks, two months before the day fixed by such order for'the appearance of the parties, and if such Ibtholders shall not appear at the time stated in such notice
a commission to take testimony may be issued by the complainant ex parte. That after the return of such commission the court, upon being satisfied from the testimony, that it is necessary and would be for the interest and advantage of the parties interested that the ground should be sold, may forthwith pass a decree for the sale of the same upon such terms as it shall deem proper, and shall distribute the proceeds of sale among the parties interested according to their several interests as the same shall be shown to the court. That a de- cree passed in a proceeding for the sale of a burial ground shall be valid to pass the title to the pur- chaser or purchasers of the same or any part thereof free, clear and discharged of and from the claims of the corporation or trustees who may hold the same for the purposes aforesaid, their succes- sors or assigns and of all persons an interest as lot- holders in such ground whether they are entitled as original lot-holders and whether they be resi- dents or non-residents, adults or infants.	Testimony,
Sec. 2. And be it enacted, That this Act shall take effect from the date its passage. Approved March 28, 1868. 24	In force.