§ 164. Abandonment of cemeteries in cities of less than one million.\nUpon a verified petition presented to a judge of a court of record by\nthe common council of any city of less than one million, the judge to\nwhom said verified petition was presented shall make an order to show\ncause, returnable before him at a time and place within the county in\nnot less than twenty days from the date of presentation of said\npetition, why the remains of any deceased person buried in potters\nfield, or in any neglected or abandoned cemeteries in which no deceased\nperson shall have been interred within twenty years, should not be\nremoved to and reinterred in a properly kept incorporated cemetery in\nthe same city or in a town or city adjoining the city in which the\nremains of each deceased person or persons are buried, or in lands owned\nby said city for cemetery purposes, and to fix the amount of expenses\nfor such removal and reinterment and the order to show cause shall\nprovide for its publication in a newspaper, to be designated in the\norder, which is published nearest to the cemetery from which the removal\nis to be made, once in each week for two successive weeks. The verified\npetition presented to the judge shall show that the petitioner is the\ncommon council of the city in which said cemetery is located and (1) the\nname of the deceased person or persons whose remains are sought to be\nremoved, if known; (2) the name and location of the cemetery in which he\nis interred and from which removal is asked to be made; (3) the name and\nthe location of the incorporated cemetery to which the remains are\ndesired to be removed and reinterred; (4) the facts showing the reasons\nfor such removal. Upon the return day of the order to show cause and at\nthe time and place fixed in said order, upon filing proof of publication\nof the order to show cause with the judge, if no objection is made\nthereto, he shall make an order directing the removal of the remains of\nsaid deceased person or persons to the cemetery designated in the\npetition within the city or within a town or city adjoining said city in\nwhich the remains are then buried and shall specify in the order the\namount of the expenses of such removal, which expenses of removal and\nreinterment, including the expense of the proceeding under this section,\nshall be a charge upon the city in which the cemetery is situated from\nwhich the removal is made and such expenses shall be a city charge and\naudited and paid in the same manner as other charges. On or after the\nremoval and reinterment of the remains of any deceased person or\npersons, the expenses for annual care of the grave in the cemetery to\nwhich the removal is made shall be annually provided by the city in\nwhich the remains were originally buried at a rate not to exceed fifty\ncents per grave, and shall be paid annually to the incorporated cemetery\nassociation to which the remains of each deceased person may be removed\nor reinterred unless said remains have been removed to lands owned by\nsaid city for cemetery purposes, in which case such payment shall be\nmade under the provisions of the city ordinance providing for the care\nand upkeep of said cemetery lands owned by said city. Any city owning a\nlot or lots in a cemetery maintained by an incorporated cemetery\nassociation in which the remains of the deceased persons have been or\nmay be buried pursuant to this section, however, may pay such\nassociation an amount sufficient to provide perpetual care therefor.\nThe petition and order shall be filed in the county clerk's office of\nthe county in which the remains of the deceased person were originally\ninterred, and the service of a certified copy of the final order upon\nthe cemetery association shall be made prior to any removal. Any\nrelatives of the deceased person or the officer of any cemetery\nassociation in which the remains of deceased person were originally\ninterred may oppose the granting of said orde
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