Chap. 210.—An ACT to amend chapter 77 of the Code, in relation to
Church Property.

Passed February 18, 1867.

1. Be it enacted by the general assembly of Virginia, That
the ninth section of chapter seventy-seven of the Code, (edi-
tion of eighteen hundred and sixty), be amended and re-
enacted so as to read as follows:

Ҥ9. The circuit court of the county or corporation
wherein there may be any parcel of such land, or the greater
part thereof, may, on application of the proper authorities of
such congregation, from time to time appoint trustees, either
where there were or are none, or in place of former trustees,
and change those so appointed, whenever it may seem to the
court proper to effect or promote the purpose of the convey-
ance, devise or dedication; and the legal title to such land
shall, for that purpose, be vested in the said trustees, for the
time being, and their successors. And whereas divisions have
occurred in some churches or religious societies to which
such religious congregations have been attached, and such
divisions may hereafter occur, it shall in any such case be
lawful for the.communicants and pew holders and pew
owners over twenty-one years of age, by a vote of a majo-
rity of the whole number, as soon as practicable after the
passage of this act, or whenever such division shall occur, to
determine to which branch of the church or society such
congregation shall thereafter belong; and which determina-
tion shall be reported to the said court, and if approved,
shall be so entered on the minutes, and shall be conclusive as
0 the title to and control of any property held in trust for
ach congregation, and shall be respected and enforced ac-
ordingly in all the courts of this commonwealth. And
vhereas there are churches or religious societies which are
nmtirely independent in their organization of any other
hurch or any general society in which divisions have
ecurred, or may occur, in case of division in any such inde-
endent church pr society, a majority of the members thereof
ntitled to vote by its constitution, as existing at the time
f such division, or where such church or society has no
ritten constitution, entitled to vote by the ordinary prac-
tice or custom of such church or society, shall decide the
right, title and control of all property held in trust for such
church or society, or the religious congregation connected
therewith, and their decision shall be reported to such court,
and if approved by it, shall be so entered on the minutes,
and shall be final as to such right of property so held.”

2. This act shall be in force from its passage.

-

rr re ee et ee