Chap. 118.—An ACT providing for the condemnation, by cities and towns,
of abandoned or unused and neglected burying grounds wholly or partly
within the limits of such cities and towns, and making disposition of the
remains interred in such burying grounds.

Approved March 10, 1910.

1. Be it enacted by the general assembly of Virginia, That whenever
a graveyard, wholly or partly within any city or town, has been aban-
doned, or is unused and neglected by the owners, and such graveyard is
necessary, in whole or in part, for municipal purposes, authorized by
the charter of such city or town, or by the general statutes providing for
the government of cities and towns, such city or town may acquire title
to such burying ground by condemnation proceedings, to be instituted
and conducted in the manner and mode prescribed in the statutes pro-
viding for the exercise of the power of eminent domain by cities and
towns: provided, however, that the court taking jurisdiction cr such case
may, in its discretion, require the city or town to acquire the whole bury-
ing ground, in which event the town may use such part thereof as may
be necessary for its purposes and sell the residue; but the court shall
direct that the remains interred in such graveyard, if possible so to do,
be removed to some respository used and maintained as a cemetery.

2. In the event that the proceeds from the condemnation are insuffi-
cient to defray the costs of the suit and removal, and reinterment of the
remains, then the additional amount necessary therefor shall be paid by
the city or town instituting the suit. If, after the payment of proper
costs, there be any residue, the same shall be paid to the parties entitled
thereto, and if there be any parties unknown who are entitled to such
proceeds, the city or town shall hold such amount in trust for the parties
80 entitled, but such city or town shall not be charged with any interest
on such amount so held: provided, however, that if the amount so held is
not claimed by or paid to the parties entitled thereto within seven years
from the date of sale of such burying ground, or part thereof, then such
amount shall pass to and become a part of the literary fund of the
State, as provided by the statutes of escheats: provided, this act shall not
apply to any graveyard or cemetery owned by a church, or controlled by
trustees, in which sections are sold.

3. An emergency existing, by reason of certain graveyards being
dangerous to health, this act shall be in force from its passage.