Chap. 312.—An ACT to amend and re-enact an act entitled an act providing
for the removal of remains interred in grave-yards and sale of land
vacated by such removals, approved March 4, 1890. {H B 301]

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That
in act entitled an act providing for the removal of remains in grave-
yards and sale of land vacated by such removals, approved March
fourth, eighteen hundred and ninety, be amended and re-enacted so
is to read as follows: ,

2. When the owners of a graveyard, or the trustees of a grave-
yard left in trust by reason of the infancy or the disability of any
»f them by reason of their being numerous or partly unknown, or of
he residence of any of them being unknown, cannot or cannot con-
‘eanientiv nnite in making disnosition of the same. anv one or more
of such owners or trustees, or, in any event, any city of this State,
if a private graveyard be within its corporate limits and not con-
nected with any church or church property and be in a condition
of neglect or disuse, 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 _inter-
ment and the costs of suit paid out of the proceeds of the sale. To
such bill all owners of the graveyards 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 all parties,
so far as known, 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
memorials, 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, unless the bill be filed by a city, the court shall not
order such removal and re-interment until due and sufficient guaranty
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 corfcerned
so far as they may be brought to its knowledge as the proofs, and
so considering shall exercise a sound discretion in granting or re-
fusing the relief prayed for, except that in case the bill be filed by
a city, the court shall be guided by considerations of public welfare.
Any surplus of the proceeds of sale the court may distribute accord-
ing 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 here-
under without the consent of such person.