--- On Sun, 1/11/09, Robert Browne <[log in to unmask]> wrote:
Just what is meant by "the proper authorities of any such association or
society?"... Is this provision derived from a similar one governing
the appointment of church trustees?...
2. Because this statute goes back to at least 1919, could it mean "authorized" to appoint? Or does, it mean that circuit court confirmation is not required....
*Proper Authorities* are those chosen by the society or organization when it was created or updated. People creating the organization determine how it will operate. If there is a problem, the Circuit Court has the authority to intervene, *if* petitioned.
Yes, Chapter 57-23 falls under the chapter of the Code on Freedom from and freedom of religion, [53-et seq.] and describes how the state will deal with church-state issues.
I doubt if there is much cemetery law prior to 1919, the year Virginia did a major codification of the laws in Virginia. Citing 1919 doesn’t necessarily mean there was any major revision of the laws governing cemeteries, which largely fell under common law. In fact, today the state has very little control over cemeteries. Most of the “control” is in supervising a corporation or society.
There is a set of reference books, the name of which elides me, at the Library of Virginia that describes the changes made in the revision of 1919.
Any law library, and some reference departments of community libraries, can easily help you trace the history of the law, at least back to a certain point in time. Most libraries don’t have staff who are expert in older laws, which was mostly common law, especially in the 19th century and earlier.
Langdon Hagen-Long
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