Delaware General Assembly


CHAPTER 67

FORMERLY

SENATE BILL NO. 141

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT AUTHORIZING THE DISINTERRING AND REINTERRING OF BODIES IN A CEMETERY LOCATED ON THE SOUTH SIDE OF EAST PINE STREET IN GEORGETOWN, DELAWARE, BELONGING TO THE RECTOR, WARDEN AND VESTRY OF ST. PAUL'S EPISCOPAL CHURCH, GEORGETOWN, DELAWARE.

WHEREAS, in The Town of Georgetown in Sussex County, Delaware, there is a small and old cemetery on the property of and belonging to the Rector, Warden and Vestry of St. Paul's Episcopal Church, Georgetown, Delaware; and

WHEREAS, part of the building of St. Paul's Episcopal Church has recently been victimized by a tragic fire; and

WHEREAS, in the reconstruction of the building destroyed by fire, it may be advantageous and in the best interest of St. Paul's Episcopal Church, Georgetown, Delaware, to enlarge that part of the building which is to be reconstructed; and

WHEREAS, if the building is so enlarged, it will be necessary to move certain graves located immediately adjacent to the site of such enlargement; and

WHEREAS, it is the desire of the Rector, Warden and Vestry of St. Paul's Episcopal Church, Georgetown, Delaware, to relocate in another portion of the cemetery under the control and perpetual care of St. Paul's Episcopal Church, Georgetown, Delaware, those bodies which it is necessary to disinter;

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE;

Section 1. The Rector, Warden and Vestry of St. Paul's Episcopal Church, Georgetown, Delaware, be and it is hereby authorized and fully empowered carefully and properly to disinter and remove all the bodies from the said cemetery located on the south side of East Pine Street in The Town of Georgetown, Sussex County, Delaware, and carefully and properly to reinter the same bodies in another part of the cemetery under the control of St. Paul's Episcopal Church, Georgetown, Delaware, where perpetual care is provided.

Section 2. The cost of the disinterring and reinterring of the bodies from the cemetery herein described shall be at the cost and expense of St. Paul's Episcopal Church, Georgetown, Delaware.

Section 3. Before removing any of the said bodies which removal is necessary because of the church building being destroyed by fire, the Rector, Warden and Vestry of St. Paul's Episcopal Church, Georgetown, Delaware, shall first make a reasonable effort to give notice in writing to descendants of the said deceased persons whose bodies are there and buried and which bodies are proposed to be removed by advertising in two (2) weekly newspapers in Sussex County for three (3) successive weeks and if, after such advertising, the Rector, Warden and Vestry received no objection from any descendant of any person whose body is to be disinterred and reinterred, then and in such event, the Rector, Warden and Vestry may proceed to disinter and reinter those bodies which it is necessary to disinter and reinter in order for the church building destroyed by fire to be enlarged.

Approved June 29, 1987