The people of the State of California, represented in Senate and
Assembly, do enact as follows:
1. The governing or legislative body of any city, or
city and county, in this state may, by ordinance duly passed, and under
such lawful rules and regulations which it may adopt, provide for the
exhuming, taking up, and removal from cemeteries within the boundary
lines of such city, or city and county, or from cemeteries owned and
controlled by such city, or city and county, that may have been located
without its boundaries (and in which such cemeteries no interments of
human remains have been made for a period of not less than five years),
of any or all the human remains interred in such cemeteries.
Sec. 2. Any person claiming
ownership of any cemetery lot may file in the office of the county
recorder, in which such cemetery is situated, a verified statement
describing the lot so claimed by him, together with a statement of his
name and of the place at which the notice referred to in section three
of this act may be served upon him. No fee shall be charged by the
county recorder for filing such statement.
Sec. 3. In the rules and
regulations provided for in section one of this ct, it shall, among the
other matters therein set forth, be provided that no human remains shall
be exhumed, taken up, or removed from any such cemetery unless notice of
the intended action shall have been given to the person claiming
ownership of the cemetery lot in which said human remains are interred,
by serving such notice upon him personally in the same manner as summons
in a civil action is served.
Sec. 4. If no person has
filed the statement provided for in section two of this act, or if the
person who has filed such statement can not be found at the place
therein designated by him, or if said notice is served, and the person
so notified does not within thirty days, after the service of said
notice, complete the removal of said human remains, the persons in
charge of said cemetery may without cost to the owner of said lot,
remove said human remains and reinter the same in a careful and
respectful manner, at a place to be designated in the rules and
regulations aforesaid, and the remains of no more than one person shall
be interred in one grave, and headboard shall be placed on said grave.
Sec. 5. Immediately after
said remains are so interred, the person causing the same to be done
shall file in the office of the coroner of said city and county, or of
the county in which said city is situated, a statement of the name of
the person whose remains are so removed, together with all other data
available concerning said remains, and also a description of the place
where said remains are reinterred.
Sec. 6. Nothing herein
contained shall authorize the taking of private property without due
compensation first made.
Sec. 7. All acts or parts of
acts in conflict herewith are hereby repealed.