456.23 Unused burial rights; sale on non-payment of assessment; reconveyance.

292 words·~1 min read·/mi/chapter-456/456-23

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Sec. 23.

Any corporation organized under this act may be authorized by the circuit or district court of the county, upon the like petition as is required in the twenty-first section of this act, and after 6 months from the filing of such petition, to redispose of unused burial rights on which assessment shall have remained unpaid for 7 years or more: Provided, That if personal service is not made on the owner or owners of the burial right then the same procedure as is provided by law for substituted service in circuit courts shall be used.

At any time during the period of 2 years from and after the entering of the order of termination and forfeiture, the owner of any burial space or spaces shall be entitled to a reconveyance to him by the board of trustees on the payment of the costs and expenses incurred in said proceeding, and not exceeding $15.00 for the care and maintenance of such space or spaces. If such reconveyance is not sought and obtained during said 2 year period, then and thereupon the board of trustees shall be authorized and empowered to offer such spaces for sale in accordance with the rules and regulations of said board governing the sale of lots and spaces in the cemetery concerned.

The proceeds derived therefrom shall be used to defray the expenses incurred in accordance with the provisions of this act.

History: 1855, Act 87, Imd. Eff. Feb. 12, 1855 ;-- CL 1857, 1739 ;-- CL 1871, 3396 ;-- How. 4750 ;-- CL 1897, 8384 ;-- CL 1915, 11144 ;-- CL 1929, 10423 ;-- Am. 1947, Act 153, Eff. Oct. 11, 1947 ;-- CL 1948, 456.23