J. MILLARD TAWES, Governor 115

have been sold therein and deeds or other written instruments have
been executed or issued to the purchasers of such lots without pro-
vision having been made for the perpetual care and maintenance of
such lots, has been abandoned or is or becomes a menace or detri-
mental to the public health, safety, security or welfare, anyone
having a property 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 be-
come a public nuisance shall have the right to [file a bill of com-
plaint] commence an action in accordance with the Maryland Rules.
[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 cemetery or burial ground or their assignees so far
as the same may be known, and upon 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such notice shall not be published less than once each week for four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
nonresidents, adults, infants and other persons under any legal in-
capacity, 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 nonappearance. Upon testimony being taken
in the cause ex parte, or otherwise, i] If it is made to appear to the
satisfaction 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 interest 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 hereinafter 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 all expenses incurred for or in connection
with the disinterment and reinterment of such bodies; 2nd, in the
event any lot in such cemetery or burial ground has been and is being