Chap. 51.—An ACT amending and re-enacting section 5, chapter 124 of
the Code.

Parsed February 21, 1866.

1. Be it enacted by the general assembly, That the third
section of chapter one hundred and twenty-four of the Code
of Virginia (edition of cighteen hundred and sixty) be
amended and re-enacted so as to read as follows:

Ҥ 3. When partition cannot be conveniently made, the
entire subject may be allotted to any party who will accept
it, and pay therefor to the other parties such sums of money
as their interest therein may entitle them to; or in any case
now pending or hereafter brought, in which partition cannot.
be conveniently made, if the interests of those who are enti-
tled to the subject, or its proceeds, will be promoted by a
sale of the entire subject, or allotment of part and sale of the
residue, the court, notwithstanding any of those entitled may
be an infant, insane person or married woman, may order
such sale, or such sale and allotment, and make distribution
of the proceeds of sale, according to the respective rights of
those entitled, taking care, when there are creditors of any
deceased person who was a tenant in common, joint tenant or
coparcener, to have the proceeds of such deceased person’s part
applied according to the rights of such creditors. But when
the case is in a county or corporation court, if such court
dcem a sale of the real estate, or part thereof, proper, and
the dividend of any party, in its opinion, exceed the value of
three hundred dollars, the case, before any order for sale
therein, shall by said court be removed to the circuit court
of the county or corporation. The court making an order
for sale shall, when the dividend of a party exceeds the value
of three hundred dollars, if such party be an infant, or insane
person, or a married woman, require security for the faithful
application of the proceeds of his interest, in like manner as
if the sale were made under chapter one hundred and twenty-
eight.”
2. This act shall be in force from its passage.

Chap. 51.—An ACT amending and re-enacting section 5, chapter 124 of
the Code.

Parsed February 21, 1866.

1. Be it enacted by the general assembly, That the third
section of chapter one hundred and twenty-four of the Code
of Virginia (edition of cighteen hundred and sixty) be
amended and re-enacted so as to read as follows:

Ҥ 3. When partition cannot be conveniently made, the
entire subject may be allotted to any party who will accept
it, and pay therefor to the other parties such sums of money
as their interest therein may entitle them to; or in any case
now pending or hereafter brought, in which partition cannot.
be conveniently made, if the interests of those who are enti-
tled to the subject, or its proceeds, will be promoted by a
sale of the entire subject, or allotment of part and sale of the
residue, the court, notwithstanding any of those entitled may
be an infant, insane person or married woman, may order
such sale, or such sale and allotment, and make distribution
of the proceeds of sale, according to the respective rights of
those entitled, taking care, when there are creditors of any
deceased person who was a tenant in common, joint tenant or
coparcener, to have the proceeds of such deceased person’s part
applied according to the rights of such creditors. But when
the case is in a county or corporation court, if such court
dcem a sale of the real estate, or part thereof, proper, and
the dividend of any party, in its opinion, exceed the value of
three hundred dollars, the case, before any order for sale
therein, shall by said court be removed to the circuit court
of the county or corporation. The court making an order
for sale shall, when the dividend of a party exceeds the value
of three hundred dollars, if such party be an infant, or insane
person, or a married woman, require security for the faithful
application of the proceeds of his interest, in like manner as
if the sale were made under chapter one hundred and twenty-
eight.”
2. This act shall be in force from its passage.