CHAPTER 70

DEPARTMENT OF HEALTH

DISINTERMENT AND REINTERMENT OF BODIES

AN ACT AUTHORIZING THE DISINTERRING AND REINTERRING UNDER THE SUPERVISION OF THE LEVY COURT OF SUSSEX COUNTY, OF BODIES BURIED IN PUBLIC OR PRIVATE BURYING GROUNDS WHICH HAVE BEEN PURCHASED BY THE LEVY COURT OF SUSSEX COUNTY FOR THE PURPOSES OF CONSTRUCTING AN AIRPORT; PROVIDING FOR MODIFY. ING AND RELAXING BY THE STATE BOARD OF HEALTH OF ITS REGULATIONS AND RESTRICTIONS RELATIVE TO THE DISINTERRING AND REINTER-RING OF DEAD BODIES.

WHEREAS, on the property recently purchased by the Levy Court of Sussex County, Delaware, for the purpose of constructing an airport, there is a very small and very old cemetery ; and

WHEREAS, the said cemetery has long been neglected and no bodies have been buried therein for more than a generation; and

WHEREAS, the Civil Aeronautics Administration by and through its proper agents, have expressed the desire to start immediately to construct said airport, because it is necessary for national defense and training purposes; and

WHEREAS, in the construction of said airport, it is necessary that said bodies be removed; and

WHEREAS, there are not more than twenty-five or thirty graves in the said cemetery, all very old and in which the bodies have been buried for many years ;

NOW THEREFORE, BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF DELAWARE IN GENERAL ASSEMBLY MET:

Section 1. That the Levy Court of Sussex County be an d it is hereby authorized and fully empowered to carefully and properly disinter and remove all of the bodies from the public or private burial grounds which have been purchased by the said Levy Court for the purpose of locating, building and constructing an airport, and carefully and properly reinter the said bodies in a public or private cemetery in Sussex County.

Section 2. That, before removing any of the said bodies from said public or private grounds, the said Levy Court shall first make a reasonable effort to notify the relatives of the said deceased persons whose bodies are therein buried and which bodies they propose to remove; and if said Levy Court are unable to find such relatives, or any of them, they shall advertise in at least one weekly newspaper in Sussex County, for two successive weeks that they propose removing said bodies in accordance with this Act; and if, after such advertising, or as a result of such advertising, the said Levy Court is not able to find said relatives or any of them, the said Levy Court shall be presumed to have notified any and all such relatives as provided for in this Act.

Section 3. That the State Board of Health is hereby authorized and directed to modify and relax its regulations and restrictions relative to the disinterring and reinterring of dead bodies, including the securing of separate disinterment and transfer permits of the bodies in those cases where bodies are in public or private burying grounds which have been purchased by said Levy Court of Sussex County for the purposes of locating, building and constructing an airport in Sussex County.

Section 4. That all acts or parts of acts inconsistent with the provisions of this Act be and the same are hereby repealed to the extent and only to the extent of such inconsistency.

Approved February 19, 1943.