Wherever, by virtue of any gift or grant from the commonwealth, any real estate in cities or boroughs is owned by any church or religious society, or is vested is trustees of, for or representing any church or religious society, for the purpose of a burial ground, or in trust for such purpose, the courts of quarter sessions of the several counties of this commonwealth, upon petition of a majority of the managers, officers or trustees of such church or society, or for the trustees in whom the legal title of such burial ground shall be vested, setting forth that any such burial ground has ceased to be used for interments, shall have and exercise the jurisdiction conferred upon them by the act approved April 18th, 1877, which is hereinafter published at length, and, upon proceedings duly instituted and prosecuted in accordance with the provisions of said act, but without requiring any averment or proof other than that such burial ground has ceased to be used for interments, may, after a full hearing of the parties, their proofs and allegations, authorize and direct the removal of the remains of the dead from any such burial ground in such manner and to such suitable place as said church, society or trustees shall provide.
9 P.S. § 45