CHAPTER 444

An Act to amend the Code of Virginia by adding a section numbered
57-88.1, so as to provide for the removal of remains from abandoned
graveyards.

[H 738]

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
57-88.1, as follows:

§ 57-38.1. The owner of any land on which is located an abandoned
family graveyard, and there has been no reservation of rights in such
graveyard, and in which no body has been interred for twenty-five years
may file a bill in equity in the circuit court of the county or in the circuit or
corporation court wherein such land is located for the purpose of having
the remains interred in such graveyard removed to some more suitable
repository. To such bill all persons, known or unknown, other than the

laintiffs shall be duly made defendants. If any of such parties be un-
own, publication shall be had. Upon the case being properly matured
for hearing, and proof being made of the propriety of the removal, the
court may order the removal made and the remains properly deposited in
another place, at the expense of the petitioner. Such removal and reinter-
ment shall be done with due care and decency.

In determining the question of removal the court shall consider the

historical significance of such graveyard and shall consider as well the
wishes of the parties concerned so far as they are brought to its knowledge,
and so considering shall exercise a sound discretion in granting or refusing
the relief prayed for. ;

2. An emergency exists and this act is in force from its passage.