Chap. 47.—An ACT in relation to Cemeteries and Cemetery Associa-
tions.

Approved February 10, 1876.

1. Beit enacted by the general assembly of Virginia, That
it shall be lawful for incorporations of towns, counties, mag-
isterial districts, cemetery associations, and acclesiastical, or
other societies, to own real estate tor burial grounds, and
may appoint superintendents and sextons for their cemete-
ries, who shall have the exclusive right to direct as to the:
opening of graves; and'no grave shall be opened in such
cemetery except with the consent of said superintendents or
sextons, or the owners, under a penalty of ten dollars, to be
recovered by the owners of the cemetery.

2. Such owners may enact by-laws providing for the care
and management of all burial lots, and the protection of all
shrubs, trees, fences, and ornaments thereon, and may pro-.
vide a hearse for the burial of the dead, and procure and hold
lands for burial grounds.

3. The owner of any cemetery, who wishes to enlarge its
limits by adding land, the title of which he cannot otherwise
acquire, may present a petition to the county court, or the
judge thereof in vacation, of the county in which the exist-
ing cemetery is situated, and said court or judge may appoint
twelve disinterested freeholders, who after examining the
premises and notifying the land-owner that he may be heard
by them, and after hearing the parties, shall report to said
court as to the necessity and propriety of such enlargement,
and as to the quantity, boundaries, and value of the land
which they may deem proper to be taken for that purpose,
and the damages resulting from the same. And if said com-
mission shall report that said enlargement is necessary and
proper, and the court shall approve the said report, the deci-
sion of such court shall have the effect of a judgment, and
execution may be issued thereon accordingly, in favor of the
person to whom damages may be assessed, for the amount
thereof and costs; and on payment thereof, the title to the
land for such purpose only shall be vested in the petitioner;
but such land shall not be taken until such damages and costs
shall be paid to such owner, or deposited with the treasurer
of the county for the use of the land owner, which shall be
thus paid within thirty days after the said report shall be
approved and confirmed. If said application shall be ordered,
the owner of the land shall recover costs of the applicant, to
be taxed by the court, which may issue execution therefor.

4, The county court of any county, on the petition of any
ten citizens, may cause to be condemned for any burying
‘ground, any amount of land not exceeding two acres, in any
magisterial district, and in the mode prescribed by section
three of this chapter.

5. No land shall be condemned under the provisions of
this act within the corporate limits of any city or town, or
within four hundred yards of any residence outside of the
corporate limits of any city or town, without the consent of
the owner of such residence.

6. The provisions of this act shall be subject to amendment
or repeal by the general assembly.

7. This act shall be in force from its passage.