I am interested in the history and development of a certain section of Virginia
cemetery law. The section, § 57-23, provides that "on the application of the
governing body of a city or town, the attorney for the Commonwealth of a
county, ten citizens of a magisterial district, or the proper authorities of any
such association or society, for whose use such cemetery is held, the circuit
court of the county in which the cemetery is situated may, from time to time,
appoint, change, and remove the trustees, as provided in § 57-8, whenever it
may seem to the court proper to effect or promote the purposes of the trust."
1. Just what is meant by "the proper authorities of any such association or
society?" Does this provision require that the membership of the association
or society authorize (by a meeting properly called) trustees or officers to
petition the circuit court? Is this provision derived from a similar one governing
the appointment of church trustees?
2. What about the part of the provision that says the circuit court "may"
appoint trustees. What is the sense of that usage? 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.
3. Is there a place where one can trace the statute back from 1919? Are
there prior codifications of the Virginia Code at the Library of Virginia? How
are these accessed?
4. Finally, are there persons who could be called on for help in tracing the
origin and development of this Code section - either at the Library of Virginia
or in academia?
Thank you.
R. Browne
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