Chap. 517.—An ACT to grant jurisdiction to all courts of record to make
binding declarations of rights and determine questions of construction,
whether any consequential relief is or could be claimed or not, and to
prescribe where, and how, and with what effect suits seeking the exercise
of such jurisdiction shall be brought and conducted, and how this act shall
be construed. (S B 103]

Approved March 28, 1922.

Re it enacted by the general assembly of Vitginia:

Section 1. In cases of actual controversy, courts of record within
the scope of their respective jurisdictions shall have power to make
binding adjudications of right, whether or not consequential relief
is, or at the time could be, claimed and no action or proceeding shall
be open to objection on the ground that a judgment or order merely
declaratory of right is prayed for. Controversies involving the inter-
pretation of deeds, wills, other instruments of writing, statutes,
municipal ordinances, and other governmental regulations, may be
so determined, and this enumeration does not exclude other instances
of actual antagonistic assertion and denial of right.

Section 2. Declaratory judgments, orders and decrees may be
obtained as other judgments, orders and decrees, and may be reviewed
on writ of error or appeal.

Section 3. Further relief based on a declaratory judgment, order
or decree, may be granted whenever necessary or proper. The ap-
plication shall be by petition to a court having jurisdiction to grant
the relief. If the application is deemed sufficient the court shall,
on reasonable notice, require an adverse party whose rights, have
been adjudicated by the declaration of right, to show cause why
further relief should not be granted forthwith.

Section 4. When a declaration of right or the granting of further
relief based thereon shall involve the determination of issues of fact
triable by a jury, such issues may be submitted to a jury in the
form of interrogatories, with proper instructions by the court, whether
a general verdict be required or not.

Section 5. In all such actions and suits in which the court has
jurisdiction to hear and determine the cause, exclusive of the juris-
diction by this act conferred, the action or suit may be brought
in any county or corporation in which it could be brought were no
declaration of right or determination of a question of construction
sought. Where the sole jurisdiction of the court to hear and deter-
mine the cause is that conferred by this act, such action or suit may
be brought in any county or corporation:

First. Wherein any of the defendants reside.

Second. If a corporation be a defendant, wherein its principal
office is or wherein its president, or other chief officer resides.

Third. If it be to declare a right under or determine a question
of construction of a policy of insurance either upon property or life,
wherein the property insured was situated at the date of the policy
or the person whose life was insured resides at the time suit is brought
or resided at the date of the policy.

Fourth. If it be to declare a right to, in or with reference to
land or other real estate, or to construe any instrument of title to or
contract concerning land or other real estate, wherein such land or
other real estate or any part thereof may be; or if it be a will,
wherein such will was admitted to probate; or if it be against a
foreign corporation, wherein its statutory agent resides, or if it be
against a defendant who resides without this State, wherein he may be
found and served with process.

Fifth. If it be a cause to which subdivisions fifth, sixth, and
seventh of section six thousand and forty-nine of the Code of
Virginia of nineteen hundred and nineteen are applicable, wherein
t is provided by said subdivisions of said section it shall be brought.

Section 6. The mere pendency of any action or suit brought
merely to obtain a declaration of rights or a determination of a
question of construction shall not be sufficient grounds for the grant-
ing of any injunction. ,

Section 7. The costs of such part thereof as the court may
deem proper and just, in view of the particular circumstances of the
case, may be awarded to any party.

Section 8. This act is declared to be remedial; its purpose is to
afford relief from the uncertainty and insecurity attendant upon con-
troversies over legal rights, without requiring one of the parties
interested so to invade the rights asserted by the other as to entitle
him to maintain an ordinary action therefor; and it is to be liberally
interpreted and administered with a view to making the courts more
serviceable to the people.