The trustees, treasurer or other proper officers of any church, congregation, presbytery or other church organization, owning real estate used as a burying ground, may, whenever so desired by a majority vote of such church, congregation or church organization, owner or owners as aforesaid, apply by petition to the court of common pleas of the county wherein such real estate may be located, for leave to abandon such burying grounds, remove and reinter the bodies of deceased persons therein buried, and to sell such real estate in fee, clear of all restriction. Upon presentation of such petition, the court shall make such order relating to publication and notice to parties in interest as may seem meet and proper, and, after final hearing of all parties in interest, may make such decree relating to the abandonment of such grounds for burial purposes, the removal of bodies therefrom and the sale thereof, as may be just and equitable; and when no person in interest can be found, said bodies to be removed and separately reinterred in some suitable burying ground, and each grave to be properly marked by head stone, et cetera, (provided such grave was so marked before removal), by the trustees, treasurer or other proper officer or officers of the church, congregation, presbytery or other church organization owning the real estate so used as a burying ground: Provided, That no such petition shall be granted except upon condition set forth in the decree requiring the petitioners to purchase the rights of all lot holders in such burying grounds and to secure the consent in writing of the near relatives of decedents, whenever such relatives shall appear as parties to such proceedings.
9 P.S. § 2