The writer asked about 57-23. This statute pertains to trustees and the authority of the circuit court to intervene in disputes. In 2009, Title 57 is: Religious and Charitable Matters; Cemeteries.
The 1860 code was organized by the date a statute was enacted. The 1919 Code rearranged the code by subject and logical order within the subject. The laws didn¢t necessarily change, but wording and title arrangement did. Title 57-23 dates to 1919, meaning there have been no changes since that date. Since the 1860 code states that cemetery associations are governed by general corporation law, as they are today, it seems no changes have taken effect since 1860, at least. [I¢m reluctant to say that conclusively, since sometimes laws are passed, repealed and then reinstated again.]
The reason Title 57 begins with the Virginia Act for Religious Freedom is that under common law, the Church of England parish church was responsible for burials. The religious freedom act gives us the official right to be buried with any denominational service we choose, or no religious service at all. Government keeps track of deaths, burials, and cemeteries, not exclusively the Church. Cemetery Associations are theoretically responsible to the local, state and federal governments.
Langdon Hagen-Long
--- On Mon, 1/12/09, sharpe <[log in to unmask]> wrote:
My copy of the Code of 1860 refers (ch. LXV, §4; 1852, c. 149) to
cemeteries.
.... [truncated]
This statute does NOT pertain to churches, but includes both for-profit and
non-profit, stock and non-stock -- telegraph companies, water companies,
gas light companies, hotels, as well as orphan asylums, hospitals,
acadamies, libraries, literary and building associations; but excludes
banks, insurance and roads.
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