Chap. 401.—An ACT to amend and re-enact Section 5365 of the Code of Vir-
ginia, as heretofore amended, relating to the distribution of estates of, and
sale of pre perty descending or passing from, persons presumed to be dead.
[S B 215]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion fifty-three hundred and sixty-five of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as fol-
lows:

Section 5365. Before any distribution of the proceeds of the
estate of such supposed decedent shall be made, and before sale of
any real or personal property passing in kind by persons claiming the
same as heits at law or devisees, the persons entitled to receive such
proceeds or|such property in kind, shall give a refunding bond with

surety to be approved by the court or judge, in such form as the court
or judge shall direct, and with condition that if the supposed decedent
shall in fact be alive at that time, they will respectively refund the
amounts received by each on demand, with interest thereon; but if
the person or persons entitled to receive the same is or are unable to
give the security aforesaid, then the money shall be invested under an
order of the court or judge in such manner as the said court or judge
may approve, which investment may be changed from time to time
as the court or judge may deem proper. The interest arising from
such investment shall be paid annually to the person or persons ap-
pearing to be entitled thereto, and such investment shall continue until
security is given, as aforesaid, or the court or judge, on application,
shall order it to be paid to the person or persons appearing to be
entitled to it. Provided, however, if the evidence shows the length
of absence of supposed decedent to be more than thirty years, the
court or judge shall not require surety on such refunding bond.