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. > > > > > > > ______________________________________ > To subscribe, change options, or unsubscribe please see the instructions at > http://listlva.lib.va.us/archives/va-hist.html ______________________________________ To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-hist.html