Theodore R. McKeldin, Governor                    1031

been sold therein and deeds or other written instruments have been
executed or issued to the purchasers of such lots without provision
having been made for the perpetual care and maintenance of such
lots, has been abandoned or is or becomes a menace or detrimental to
the public health, safety, security or welfare, anyone having a prop-
erty right in such cemetery or burial ground or any public agency
having an interest in the elimination or abatement of the conditions
in such cemetery or burial ground which are or become a public
nuisance shall have the right to file a bill of complaint in either one
of the equity courts of Baltimore City setting forth the aforegoing
facts, and setting forth the names of the owners of lots in such ceme-
tery or burial ground or their assignees so far as the same may be
known, and upon the filing of such bill of complaint the court shall
order notice by publication in one or more daily newspapers published
in the City of Baltimore, or the court may, in its discretion, order
notice to be given by posting the premises at the points thereon and
in such form as may be designated by the court for such period of
time as the court may direct but such posting shall not be less than
twelve (12) weeks before the day fixed for the appearance of the
parties, and if notice is given by publication, it shall be in such form
as may be designated by the court and shall be published for such
number of times as the court may direct but such notice shall not be
published less than once each week for four (4) successive weeks
prior to a date at least eight (8) weeks before the day fixed for the
appearance of the parties, warning all of the lot owners, their
assignees or other persons in interest, residents or non-residents,
adults, infants and other persons under any legal incapacity, to
appear in court on or before the day fixed in said notice, to show
cause, if any they may have, why the relief prayed for should not
be granted. Upon a failure of appearance by any of said lot owners,
or any other party having an interest in any of said lots, by the time
limited in said notice, the court may order testimony to be taken
ex parte, in accordance with the usual practice in equity in cases of
default for non-appearance. Upon testimony being taken in the
cause ex parte, or otherwise, if it is made to appear to the satisfac-
tion of the court that all or more than 75% of the acreage of the
particular cemetery or burial ground involved has been abandoned
or has become a menace or is detrimental to the public health, safety,
security or welfare, the court may forthwith pass a decree ordering
the sale of the entire land or property and each and every burial lot
contained in such cemetery or burial ground and each and every in-
terest therein upon such terms, conditions and notice as the court
may deem proper and appoint a trustee to so do. The proceeds
derived from such sale shall be collected by the said trustee and shall
be used, distributed and paid over by the trustee in the order, for
the purposes, in the manner, to the extent and to the persons herein-
after mentioned, as follows: 1st, for the removal and reinterment of
any and all bodies that with reasonable care can be definitely located
in such cemetery or burial ground, and for the purchase of a lot
in any other cemetery, burial ground or other appropriate place of
sepulture in which to reinter such bodies, and to pay any and ail
expenses incurred for or in connection with the disinterment and
reinterment of such bodies; 2nd, in the event any lot in such ceme-
tery or burial ground has been and is being maintained in good order
and condition, and any monument or marker situate on such lot that
has been and is being maintained in good order are not damaged but
are in good condition, then a lot shall be purchased in any other