ART. 16.] CHANCERY.

25

lotholders or their assignees 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 pub-
lished 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 lotholders shall not appear
at the time stated in , such notice a commission to take

testimony may be issued by the complainant ex parte.
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

Testimony
ex parte.

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 accord-
ing to their several interests as the same shall be shown
to the court. A decree passed in a proceeding for the
sale of a burial ground shall be valid to pass the title
to the purchaser 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 successors or
assigns and of all persons having an interest as lothold-
ers in such ground whether they are entitled as origi-
nal lotholders and whether they be residents or non-
residents, adults or infants.

In force and approved March 28, 1868.

Decree of court.