CHAP. 181.—An ACT for the relief of Mrs. Frances McAllister.

Approved March 4. 1890.

Whereas it appears from the petition of Mrs. France
McAllister, of Albemarle county, and from the affidavit:
of John Ward and Robert B. Blackwell, and the certificat
of Arfield Shiflett, justice of the peace, filed therewith
that said Mrs. Frances McAllister is the widow of Benja
min F. McAllister, who was a member of company H
fifty-sixth Virginia regiment, and a citizen of Virginia

18a :
and who was killed in the battle of Fort Donaldson in
February, eighteen hundred and sixty-two; and it further
appears from said petition, affidavits, and certificates that
the said Mrs. Frances McAllister is in all respects enti-
tled, and has ever since the passage of the act to give aid
to disabled soldiers and soldiers’ widows, in March,
eighteen hundred and eighty-eight, been entitled to re-
ceive the aid provided by said act for the widows of sol-
diers, but has been and is unable to attend the county
court of Albemarle for the purpose of getting the court’s
certificate; therefore,

1. Be it enacted by the general assembly of Virginia,
That the auditor of public accounts be, and he is hereby,
directed to draw his warrant on the state treasurer in favor
of said Frances McAllister for the sum of sixty dollars,
the amount of arrears of pension due her under the pro-
visions of an act entitled an act to give aid to soldiers,
sailors, and marines of Virginia, maimed or disabled in
the war between the states, and to the widows of Virginia
soldiers, sailors, and marines who lost their lives in said
war in the military service, approved March five, eighteen
hundred and eighty-eight. And the said auditor shall
also place the name of said Frances McAllister on the
list of those entitled to receive aid under said act or any
amendment thereof.

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

CuHaP. 182.—An ACT providing for the removal of remains
interred in graveyards and sale of land vacated by such removal.

Approved March 4, 1890.

1. When the owners of a graveyard, or the trustees of a
graveyard left in trust by reason of the infancy or the disa-
bility of any of them, or by reason of their being numer-
ous or partly unknown, or of the residence of any of them
being unknown, cannot, or, cannot conveniently, unite in
making disposition of the same, any one or more of such
owners or trustees may file a bill in equity in the circuit
court of the county or in the circuit or corporation court
of the corporation wherein the graveyard may lie, for the
purpose of having the remains interred in such graveyard
removed to some more suitable repository, and the land
thus vacated sold, and the costs of removal and interment,
and the costs of suit, paid out of the proceeds of the sale.
To such bill all owners of the graveyard, or of any person
having right therein other than the plaintiffs, shall be
duly made defendants. The bill shall show the title of
the land, the interests of al] parties, and the reasons why
relief is sought, and that it is practicable. And upon the
case being properly matured for hearing, and proofs being
adduced of the propriety of the removal, the court shall
have power to have the removal made and the remains
properly deposited in another place, and to make sale of
the grounds vacated by the removal, and to have the costs
of removal and re-interment, including the costs of the
new place of interment and of putting it in all respects
in suitable condition, and erecting upon it suitable memo-
rials, and cost of suit, paid out of the proceeds of the
sale. Such removal and re-interment shall be done with
due care and decency. But the court shall not order such
removal and re-interment until due and sufficient guar-
anty be given it that the proceeds of sale of the grounds
proposed to be sold will be sufficient to meet all the costs
that may be incurred,‘unless some party of the cause or
other person shall give due security to make good any
deficit. In determining the question of removal, the
court shall consider as well the wishes of the parties con-
cerned, so far as they may be brought to its knowledge, as
the proofs, and, so considering, shall exercise a sound dis-
cretion in granting or refusing the relief prayed for. Any
eurplus of the proceeds of sale the court may distribute,
according to their rights, among the owners of the ground
sold, or the parties entitled thereto. No graveyard to
which there is no right of way except over or through
some person’s land shall be sold hereunder without the
consent of such person.
2. This act shall be in force from its passage.