Chap. 64.—An ACT to amend and re-enact section 5161 of the Code of Virginia, as
amended by an act approved March 20, 1923. [H B 2)

Approved February 27, 1924.

1. Be it enacted by the general assembly of Virginia, That section
fifty-one hundred and sixty-one of the Code of Virginia, as amended by
an act approved March twentieth, nineteen hundred and twenty-three,
be amended and re-enacted to read as follows:

Section 5161. Sale and leasing of contingent and other estates;
procedure; validating proceedings and sales in certain suits in equity
heretofore instituted.— Whenever property, real or personal, is held by
an adult person with remainder or limitation over contingent upon any
event, or for his life or for the life of another, and there is limited thereon
any other estate, vested or contingent, such adult person holding the
property so subject to remainder or limitation over or for his own life,
or his committee, or, if the estate so held be for the life of another, then
his heir or personal representative, as the case may be, may, for the
purpose of obtaining a sale or leasing of the fee simple interest, or abso-
lute estate in such property, if the sale or leasing thereof is not pro-
hibited by the instrument creating the estate and the remaindermen,
or any of them, are, from any cause, incapable of giving their assent,
or the remainder or limitation over is contingent or defeasible, file a
bill in equity in the circuit court of the county, or the circuit, corpora-
tion or any city court having equity jurisdiction, of the city, in which the
estate proposed to be so'd or leased or some part thereof may be, stating
plainly the property to be sold or leased, and all facts calculated to show
the propriety of such sale or lease. A like bill may be filed in the like
court for the sale or leasing of the remainder in such estate, by a remain-
derman, his guardian or committee. The bill shall be verified by the
oath of the plaintiff, and all persons interested in the property, presently
or contingently, other than the plaintiff, shall be made defendants; and
if it be clearly shown, independently of any admissions in the pleadings,
that the interests of the plaintiff will be promoted and the rights of no
other person will be violated thereby, the court may decree a sale or
leasing of the said property, or any part thereof, or of the remainder
therein, taking for the purchase money, in case of a sale on credit, ample
security, and if such sale be of real estate, retaining a lien thereon. The
decree rendered in such suit shall be binding upon all persons who may
be born thereafter and become interested in the said estate, in like
manner and to the like extent, as it is upon the parties to the said suit.
The procedure in such suit and the investment of the proceeds of sale
shall be in accordance with sections fifty-three hundred and thirty-
seven, fifty-three hundred and thirty-nine, fifty-three hundred and forty-
one and fifty-three hundred and forty-two of the Code of Virginia, so
far as the same can be made applicable. In the case of a lease, however,
the rents may be made payable direct to the person or persons entitled
thereto for the time being.

2. Anemergency existing, this act shall be in force from its passage.