CHAPTER 33

TITLE TO CEMETERY IN WILMINGTON

AN ACT AUTHORIZING "CATHEDRAL CEMETERY COMPANY OF WILMINGTON, DELAWARE", TO DISINTER AND REMOVE FROM THE OLD AND LONG UNUSED CEMETERY LOCATED AT TWELFTH AND MADISON STREETS IN WILMINGTON THE BODIES PRESENTLY BURIED THEREIN AND TO REINTER SAID BODIES IN OTHER CEMETERY PROPERTY OF "CATHEDRAL CEMETERY COMPANY OF WILMINGTON, DELAWARE".

Be it enacted by the General Assembly of the State of Delaware:

Section 1. "Cathedral Cemetery Company of Wilmington, Delaware", a corporation organized and existing pursuant to an Act of the General Assembly, passed at Dover, March 10, 1881, the said Act being of record in the Office of the Secretary of State of Delaware, be and it is hereby authorized and fully empowered to carefully and properly disinter and remove all of the bodies presently buried in the cemetery located at Twelfth and Madison Streets in the City of Wilmington, and to reinter said bodies in other cemetery property of "Cathedral Cemetery Company of Wilmington, Delaware".

Section 2. Before removing any of the said bodies from said cemetery as aforesaid "Cathedral Cemetery Company of Wilmington, Delaware", shall first make reasonable effort to obtain the consent in writing of relatives of said deceased persons whose bodies are buried in said cemetery, and which bodies are proposed to be removed; and if said "Cathedral Cemetery Company of Wilmington, Delaware" is unable to find such relatives and procure the express consent in writing to the removal of said bodies, then said "Cathedral Cemetery Company of Wilmington, Delaware" shall advertise in at least one newspaper of general circulation in New Castle County for three successive weeks that said "Cathedral Cemetery Company of Wilmington, Delaware" proposes to remove said bodies in accordance with this Act; and if after such advertising said "Cathedral Cemetery Company of Wilmington, Delaware" is unable to find and obtain the written consent to the removal of the bodies, and no objection is made to removal by any child, grandchild, great grandchild, or other lineal descendant, then and in such event the said "Cathedral Cemetery Company of Wilmington, Delaware" shall be presumed to have secured the implied consent of any and all such relatives and shall thereupon proceed to carry out the purposes of this Act.

Section 3. The provisions of this Act shall be final and exclusive authority and shall be in lieu of any individual permit or permits or writs required from any agency of the State of Delaware, or of and from any agency of any municipality located therein, or of any agency of any other geographical subdivision of the State of Delaware.

Section 4. All Acts or parts of Acts inconsistent with the provisions of this Act be and the same are for the purpose of effectuating the objectives of this Act hereby repealed to the extent and only to the extent of such inconsistency.

Approved April 9, 1953.