Chapter 577.

An act providing for the removal of human remains from cemeteries in any city or city and county in this state and repealing all acts in conflict therewith.  {Approved April 24, 1911.]

The people of the State of California, represented in Senate and Assembly, do enact as follows:

     Section 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.