Chap. 33.—An ACT to quiet the title to that certain lot in the city of Win-
chester, known as the old Catholic cemetery, and to provide for the removal
of the remains interred therein and the sale of said lot.

Approved January ll, 1900.

Whereas it has been represented to the general assembly of Vir-
ginia, that all that certain lot in the city of Winchester, Virginia, long
since known as the old Catholic cemetery, fronting on East lane one
hundred and ten feet, more or less, and extending east two hundred
feet, more or less, to the line of the lot known as the Baker lot—being
bounded on the west by East lane, on the north by the Berryville turn-
pike, on the east by the Baker lot, and on the south by the old Baptist
cemetery—was dedicated about one hundred years ago by one Edward
McGuire, as a burial-place for the use of the congregation of the Roman
Catholic church of said city; and the said lot of land has, since that
time, been exclusively and continuously used as a burial-place by the
congregation of the said religious denomination, and no adverse right
or ownership therein has been asserted; and

Whereas it is asserted that the records of the courts of Winchester
and Frederick county afford no information as to the title or owner-
ship of said lot of land; and

Whereas the present congregation of the Roman Catholic church of
the Sacred Heart, in said city of Winchester, have recently acquired a
lot of land in another part of said city which has been dedicated as a
burial-place, and desire to discontinue the use of the old burial-place
and to have the remains interred therein removed to a more suitable
repository; therefore,

1. Be it enacted by the general assembly of Virginia, That the dedica-
tion aforesaid of the said lot of land as a burial-place for the use of the
congregation of the Roman Catholic church in the city of Winchester
is valid, and that the state of Virginia doth release all rights, if any it
has, to said realty, and that the title to said lot of land be, and the same
is hereby, vested in Right Reverend Augustus Van DeVyver, bishop of
the Roman Catholic church of the diocese of Richmond, in the state of
Virginia, and his successors, for the use of the congregation of the Ro-
man Catholic church of the Sacred Heart, in the city of Winchester,
Virginia.

2. Whenever the said congregation shall deem that their interest will
be promoted by the sale of said lot of land, it shall be lawful for any
member of said congregation, in his name, and on behalf of the other
members of said congregation, to file a bill in equity in the circuit or
corporation court of said city wherein said lot of land is, praying
the court to decree the removal of the remains interred in said ceme-
tery to some more suitable repository to be provided by them, and
a sale of the land thus vacated and the payment of costs of removal and
interment, and the costs of suit out of the proceeds of the sale thereof,
and for such other relief as is proper in the premises. To such suit in
equity the said Augustus Van DeVyver, bishop of the Roman Catholic
church of the diocese of Richmend, in whom the legal title is, or his
successors shall be made a party defendant. The bill shall show the
title of said land, the interest of the parties, and the specitic and gen-
eral relief sought for, and that the same is practicable. ‘The said suit
shall proceed in the manner prescribed by law for suits in equity; and
upon the case being properly matured for hearing and proof being pro-
duced, showing the propriety of the removal of the remains interred
in said burial-place, the court shall decree that the removal shall be
made and the remains properly reinterred in another place, and shall
decree the sale of the land vacated by said removal in the manner in
which lands are sold in suits in equity, and shall order the costs of
removal and reinterment to be paid out of the proceeds of sale; and a
deed of conveyance made in the manner prescribed in the decree of sale
shall pass a valid title to the purchaser of said lot of land. But the court
shall not order such removal and reinterment until due and suflicient
guaranty be given that the proceeds of the sale of the land proposed to
be sold will be sufhcient to meet all costs that may be incurred, unless
some party to the cause or other persun shall give due security to make
good any deficit. ‘Che court shall cause notice of the objects of said
suit to be published for four successive weeks in some newspaper pub-
lished in Winchester, Virginia, which said publication shall have been
completed at least thirty days before the entering of any decree of re-
moval or sale; and in determining the question of removal of said re-
mains the court shall consider the interests of all parties concerned, so
far as they may be brought to its attention by petition in writing filed
in said cause, as well as by proof, and shall exercise a sound discretion
in granting or refusing the relief prayed for. Any surplus of the pro-
ceeds of sale of said lot remaining after payment of all costs of suit and
expenses of said removal and sale, the court shall order to be paid to the
owners of said land as their interest may appear.
3. This act shall be in force from its passage.