162 CHANCERY—JURISDICTION. [ART 16.

or other persons in interest, residents or non-residents, adults or
infants, to appear in court on or before the day fixed in said
notice, to show cause why the relief prayed for should not be
granted; and said notice shall be such 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 upon a failure of appearance by any of said
lot owners, or any party in interest by the time limited in said
notice, the court may order testimony to be taken ex parte,
according to the usual course in equity in cases of default for
non-appearance; and upon testimony taken in the cause exparte,
or otherwise, if it is made to appear to the satisfaction of the
court that it is expedient or would be to the interest and advan-
tage of the parties concerned that the said burial ground should
be sold, the court may forthwith pass a decree for the sale of said
ground upon such terms and notice 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; and before making said distribution the court may
order and direct that so much and such part of said proceeds of
sale, as shall be necessary for the purpose, shall be set aside and
applied to the removal and burial of any dead that may lie in
said burial ground, in the purchase of a lot in any cemetery,
graveyard, or other appropriate place of sepulture, and in the
expense of disinterment and re-interment of said dead; and any
decree passed in a proceeding for a sale of a burial ground, as
hereinbefore provided for shall be valid to pass to the purchaser
or purchasers of said burial ground the title of the same free,
clear and discharged of, and from the claims of the corporation
or trustees who may hold the same, their successors or assigns,
and of all persons in interest as lotholders in such ground,
whether they are entitled as original lotholders, and whether they
be residents or non-residents, adults or infants.

1886, ch. 151.

93. In cases where proceedings have been or shall be insti-
tuted for the renewal of a lease containing a covenant for
renewal, the court may pass a decree for the renewal of such
lease, which shall be binding upon all persons who shall have