Section 295. Removal of remains of deceased members of armed forces  


Latest version.
  • Upon a
      verified petition presented to a judge of a court of record by any armed
      forces' organization in any town or city in this state by a majority  of
      its  officers,  or  a  majority of any memorial committee in any town or
      city where there are two or more veteran armed forces' organizations, or
      in  towns  or  cities  where  there  are  no   veteran   armed   forces'
      organizations,  upon  the petition of five or more veterans of the armed
      forces, the judge to whom said verified petition is presented shall make
      an order to show cause, returnable before him at a time and place within
      the county in not less than fourteen or more than twenty days  from  the
      date  of  presentation of said petition, why the remains of any deceased
      members of the  armed  forces  buried  in  potter's  field,  or  in  any
      neglected  or  abandoned  cemeteries,  should  not  be  removed  to  and
      reinterred in a properly kept incorporated cemetery in the same town  or
      city  or  in a town adjoining the town or city in which the remains of a
      deceased member of the armed forces are buried, and to fix the amount of
      the expenses for such removal and reinterment, and  the  order  to  show
      cause shall provide for its publication in a newspaper, to be designated
      in  the order, which is published nearest to the cemetery from which the
      removal is sought to be made, once  in  each  week  for  two  successive
      weeks.  The verified petition presented to the judge shall show that the
      petitioners are a majority of the officers of  a  veteran  armed  forces
      organization,  or  a majority of a memorial committee in towns or cities
      where two or more veteran armed forces organizations exist, or that  the
      petitioners  are  honorably  discharged  veterans of the armed forces in
      towns or cities where no veteran armed forces organization  exists,  and
      (1)  the  name  of  the  deceased member or members of the armed forces,
      whose remains are sought to be removed, and if known the unit  in  which
      he or they served; (2) the name and location of the cemetery in which he
      is interred and from which removal is asked to be made; (3) the name and
      location  of  the incorporated cemetery to which the remains are desired
      to be removed and reinterred; (4) the facts showing the reasons for such
      removal. Upon the return day of the order to show cause and at the  time
      and  place  fixed in said order, upon filing proof of publication of the
      order to show cause with the judge, if no objection is made thereto,  he
      shall  make  an  order  directing  the  removal  of  the remains of said
      deceased  member  or  members  of  the  armed  forces  to  the  cemetery
      designated  in  the  petition  within  the town or city or within a town
      adjoining the town or city in which the  remains  are  then  buried  and
      shall  specify  in the order the amount of the expenses of such removal,
      which expenses of removal and reinterment, including the expense of  the
      proceeding  under  this  section,  shall  be a charge upon the county in
      which the town or city is situated from which the removal  is  made  and
      such  expenses  shall  be  a  county  charge and audited by the board of
      supervisors of the county and paid in the same manner  as  other  county
      charges.  On and after the removal and reinterment of the remains of the
      deceased member or members of the armed  forces  in  the  armed  forces'
      plot,  the  expenses  for  annual care of the grave in the armed forces'
      burial plot to which the removal is made shall be annually  provided  by
      the  town  or  city  in which the remains were originally buried, at the
      rate of not to exceed twenty  dollars  per  grave,  and  shall  be  paid
      annually  to  the incorporated cemetery association to which the remains
      of each  deceased  member  of  the  armed  forces  may  be  removed  and
      reinterred.  The petition and order shall be filed in the county clerk's
      office of the county in which the remains of the deceased member of  the
      armed  forces  were  originally interred, and the service of a certified
      copy of the final order upon the  cemetery  association  shall  be  made
      prior  to any removal. Any relative of the deceased member or members of
    
      the armed forces, or the officer of any cemetery  association  in  which
      the  remains  of the deceased member or members of the armed forces were
      originally interred, or the authorities  of  the  county  in  which  the
      member or members of the armed forces were originally buried, may oppose
      the  granting  of  said  order  and  the  judge shall summarily hear the
      statement of the parties and make such order as the justice  and  equity
      of  the application shall require. Any headstone or monument which marks
      the grave of the deceased member of the armed forces  shall  be  removed
      and reset at the grave in the cemetery in which the removal is permitted
      to  be made and in each case the final order shall provide the amount of
      the expenses of such removals  and  reinterment  and  resetting  of  the
      headstone  or  monument, including the expenses of the proceedings under
      this section; except that where provision  is  otherwise  made  for  the
      purchase or erection of a new headstone, monument or marker at the grave
      in  the  cemetery to which such removal is permitted, such old headstone
      or monument need not be so removed and reset, in which case  such  final
      order  shall  not  provide for the expense of resetting. The order shall
      designate the person or  persons  having  charge  of  the  removals  and
      reinterments.  Upon completion of the removal, reinterment and resetting
      of the headstones or monuments, the person or persons having  charge  of
      the  same  shall  make a verified report of the removal, reinterment and
      resetting of the headstone or  monument  and  file  the  report  in  the
      clerk's  office  of  the  proper  county. The words "member of the armed
      forces" shall be construed to mean an honorably discharged member of the
      armed forces who served in the armed forces of the  United  States,  and
      the  words "armed forces plot" shall be construed to mean a plot of land
      in any incorporated cemetery set apart to be exclusively used as a place
      for interring the remains of deceased veterans of the  armed  forces  of
      the United States.