618

LAWS OF MARYLAND.

city or county in which said burial ground is
situated, setting forth the aforegoing facts, and
containing the names of the lot owners or their
assignees so far as known, the court shall order

Order notice.

notice by publication in one or more newspapers
published in the county or city where such
burial ground is situated, warning all the lot
holders 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 fail-
ure 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 ex parte,
or otherwise, if it is made to appear to the satis-
faction of the court that it is expedient or would
be to the interest and advantage 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 dis-

Court to dis-
tribute pro-
ceeds.

tribute 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 dis-
interment 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.

shall be valid to pass to the purchaser or pur-
chasers of said burial ground the title of the
same free, clear and discharged of, and from
the claims of the corporation or trustees