Chap. 59.—An ACT to amend and re-enact section 2564 of the Code of
Virginia, as amended by an act approved March 6, 1900. (S. B, 84.)

Approved February 17, 1916.

1. Be it enacted by the general assembly of Virginia, That
section two thousand five hundred and sixty-four of the Code
of Virginia, as amended by an act approved March sixth, nine-
teen hundred,.be amended and re-enacted so as to read as fol-
lows:

Sec. 2564. When partition cannot be made, there may be
allotment or sale; proceedings in case of sale; how proceeds
distributed or invested; effect of sale on right of dower or cur-
tesy—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 pend-
ing or hereafter brought, in which partition cannot be conveni-
ently made, if the interests of those who are entitled to. the sub-
ject, 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 or in-
sane person, may order such sale or such sale and allotment,
and make distribution of the proceeds and sale, according to
the respective rights of those entitled, taking care, when there
are creditors of any deceased person who was a tenant in com-
mon, joint tenant, or coparcener, to have the proceeds of such
deceased person’s part applied according to the rights of such
creditors. And when there are liens by judgment or otherwise
on the interest of any party, the court may, on the petition of
any person holding a lien, ascertain the liens, and apply the divi-
dend of such party in the proceeds of sale to the discharge
thereof, so far as the same may be necessary. The court mak-
ing an order for sale, shall, when the dividend of a party ex-
ceeds three hundred dollars, if such party be an infant or in-
sane, order the same to be invested as the proceeds of a sale
under chapter one hundred and seventeen are required to be
invested. If such dividend does not exceed three hundred dol-
lars, the same shall be paid to the guardian of such infant or
committee of such insane person, the court being first satisfied
that such guardian or committee has given bond in sufficient
penalty and with sureties sufficient for the security of the same;
but if the interest of any person be held in trust, the dividend
of such person, whether greater or less than three hundred
dollars, shall be paid to the trustee, upon his giving bond as
trustee, with sufficient surety, to be held by him upon the same
trusts as the interest of such person in the land was held. A
sale of land so made by order of the court shall operate to bar
the contingent right of dower of the wife in the share of her
husband in the land so sold, and to bar the right of curtesy of
the husband in the share of his wife in the land so sold, whether
said wife in the first instance or the husband in the second in-
stance, be made party to the suit or not.