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Removal and re-interment of remains, removal of monuments, etc.
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3.—(1) Before any part of the cemetery is applied or used by the Company for any purpose, the remains of all deceased persons interred therein shall be removed and re-interred in accordance with the provisions of this section.
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(2) Before the remains of any deceased person are removed from the cemetery under this section the Company shall publish a notice on three successive days in three daily newspapers circulating in Dublin, and the notice shall have embodied in it the substance of subsections (3), (4), (5), (6), (8) and (11) of this section.
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(3) Within two months after the date of first publication of the notice required to be published by subsection (2) of this section a person who is an heir, executor, administrator or relative of any deceased person whose remains were interred in the cemetery may give notice in writing to the Company of his intention to undertake the removal of the remains and, subject to the provisions of subsection (4) of this section he shall thereupon be at liberty within two months after the date on which notice is given by him under this subsection, to cause the remains to be removed from the cemetery and to be re-interred in any other consecrated burial ground or cemetery in which interments may lawfully take place.
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(4) If any person giving notice under subsection (3) of this section fails to satisfy the Company that he is such heir, executor, administrator or relative of a deceased person as he claims to be, the question shall be determined by the High Court on the application of either party in the above recited proceedings and the High Court shall have power to make an order specifying by whom and the period within which the remains in respect of which notice is given shall be removed and re-interred and providing for such other matters as may be appropriate.
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(5) The expense of any removal and re-interment under subsections (3) or (4) of this section (not exceeding in respect of remains so removed from any one grave the sum of fifty pounds) shall be defrayed by the Company, and in case two or more remains are so removed from any one grave that sum shall be apportioned equally according to the number of remains so removed.
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(6) Not less than two months after the date of first publication of the notice required to be published by subsection (2) of this section, the Company shall remove or cause to be removed from the cemetery the remains of all deceased persons interred therein other than remains in respect of which notice has been given under subsection (3) of this section and cause them to be re-interred in accordance with the rites of the French Reformed Church in a plot of ground in Mount Jerome Cemetery consecrated in accordance with the rites of the French Reformed Church or in a plot of ground so consecrated as aforesaid in such other burial ground or cemetery within the City of Dublin wherein interments may lawfully take place as shall be approved by the Trustees in writing and to be purchased by the Company in accordance with paragraph 4 (a) of the proposal.
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(7) The Trustees shall provide out of the purchase money for the perpetual care of the plot purchased in accordance with subsection (6) hereof.
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(8) In case a person gives notice to the Company under subsection (3) of this section in respect of the remains of a deceased person and fails to cause the remains to be removed and re-interred within the period specified in that behalf in this section or in any order of the High Court, the Company may remove or cause to be removed from the cemetery the remains and cause them to be re-interred, in case a consecrated burial ground or cemetery is specified for re-interment of the remains in any such order, in that consecrated burial ground or cemetery, or in any other case, in such other consecrated burial ground or cemetery wherein interments may lawfully take place and the Trustees consider suitable.
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(9) The exhumations shall be carried out under the supervision of an officer of the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin and in accordance with such directions as the Dublin Chief Medical Officer may give with respect to matters affecting or likely to affect the public health.
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(10) Each re-interment shall be carried out under the supervision of an officer of the sanitary authority in whose functional area the place of re-interment is situate and in accordance with such directions as the Chief Medical Officer or County Medical Officer for that area may give with respect to matters affecting or likely to affect the public health.
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(11) All monuments or tombstones relating to the remains of any deceased person removed under this section shall, at the expense of the Company, be removed and re-erected in the place of re-interment of the remains or in such other place as the High Court may direct on the application of the Company or any heir, executor, administrator or relative of the deceased person, or in case no such application is made, as the Trustees consider suitable.
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