Chap. 242,—An ACT to amend the Code of Virginia by adding a new section num-
bered 58-a, relating to removal of remains interred in certain graveyards and
disposal of lands vacated thereby; and to repeal Section 58 of the Code of Vir-
ginia and Chapter 182 of the Acts of Assembly of 1889-90, approved March 4,
1890, as amended by Chapter 312 of the Acts of Assembly of 1918, approved
March 16, 1918, relating to the same matters. [S B 216]

Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a new section
numbered fifty-eight-a, as follows:

Section 58-a. When the owners of a graveyard, or the trustees of
a graveyard left in trust, by reason of the infancy or the disability of
any of them or by reason of their being numerous 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, or, in any event, any city of this State, if a
private graveyard be within its corporate limits and not connected with
any church or church property and be in a condition of neglect or disuse,
or, in any event, any county having a population of more than one thous-
and a square mile as shown by the last preceding United States census
in which a private graveyard is located and is not connected 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 is located
for the purpose of having the remains interred in such graveyard re-
moved 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 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 prop-
erly 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, in-
cluding the costs of the new place of interment, and of puting 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 or county, 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 gives due security to make good any deficit. In determining
the question of removal the court shall consider as well the wishes of
the parties concerned so far as they are brought to its knowledge as the
proofs, and so considering shall exercise a sound discretion in granting or
refusing the relief prayed for, except that in case the bill be filed by a city
or county, the court shall be guided by considerations of public welfare.
Any surplus of the proceeds of sale the court may distribute according
to their rights among the owners of the ground sold or the parties en-
titled 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 con-
sent of such person.

2. Section fifty-eight of the Code of Virginia and chapter one
hundred eighty-two of the Acts of Assembly of eighteen hundred-nine-
ninety, approved March four, eighteen hundred ninety, as amended by
chapter three hundred twelve of the Acts of Assembly of nineteen hun-
dred eighteen, approved March sixteen, nineteen hundred eighteen, are
hereby repealed.