Perhaps a further clarification of reading code citations would be helpful.
The current Virginia code is the "Code of Virginia," or the "Code." It was
designated by the General Assembly as the "code" in 1950, so any code
citations such as Virginia code section 57-23 would refer to the Code of
1950, not for example, the Code of 1919. In their written opinions, courts
will generally refer to code § 57-23, without further description, because
it is understood that the reference is to the code of 1950. In more formal
citations, it might be written as § 57-23, Virginia code 1950, as
annotated. If one referenced section 57-23, one would find it had been
adopted in 1919, and had not been amended since that time. For
illustration, if we turn to the previous section, 57-22, we find that
section was adopted in 1919, but amended in 1997. However, our citation
refers to Virginia code 1950, § 57-22. In some cases, one might clarify the
citation by adding "Cum. Supp 1997,"or "as amended." When the amendments
are made to a section of the code, the amended section is absorbed so it is
not possible to know the nature of the amendment, unless you go to the
annotated references which are printed after the section. The online
version of the statute is the current version and these annotations to the
previous statute are not available. Sometimes, it is necessary to have
access to a hard copy of the prior statute to understand exactly what the
amendment was. Using our example of the amendment of 57-22 in 1997, if the
annotation were not clear, it might be necessary to actually review the
1919 code for comparison. Most libraries will not have copies of these
codes back to the revised code of 1819, while the large Bar Association
libraries do have these old codes and certainly the Library of Virginia
would. The codes of Virginia were adopted in 1819, 1849, 1860, 1873, 1887,
1919, 1942 and 1950. There was a code revision authorized by the General
Assembly in 2006, but this has not yet been funded.
Richard E. Dixon
Editor, Jefferson Notes
Thomas Jefferson Heritage Society
4122 Leonard Drive
Fairfax, Va 22030
703-691-0770 fax 703-691-0978
> [Original Message]
> From: Langdon <[log in to unmask]>
> To: <[log in to unmask]>
> Date: 1/13/2009 11:28:49 AM
> Subject: Re: [VA-HIST] history of virginia cemetery law
>
>
> 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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