Chap. 261.—An ACT to amend the Code of Virginia by adding thereto a new
section, designated Section 38-a, further prescribing the powers, rights and
duties of religious sects, societies and denominations, and of the ecclesiastical
officers thereof, with respect to the acquisition, holding, transfer and descent and
distribution, of property, and validating certain transactions relating thereto.

[S B 170]
Approved March 18, 1942

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section, designated
section thirty-eight-a, as follows:

Section 38-a. How Property Acquired, Held, Transferred et
cetera by Certain Ecclesiastical Officers, et cetera——Whenever the laws,
rules or ecclesiastic polity of any church or religious sect, society or
denomination commits to its duly elected or appointed bishop, minister
or other ecclesiastical officer, authority to administer its affairs, such
duly elected or appointed bishop, minister or other ecclesiastical officer
shall have power to acquire by deed, devise, gift, purchase or otherwise,
any real or personal property, for any purpose authorized and permitted
by its laws, rules or ecclesiastic polity, and not prohibited by the laws
of Virginia, and the power to hold, improve, mortgage, sell and convey
the same in accordance with such laws, rules and ecclesiastic polity, and
in accordance with the laws of Virginia. In the event of the transfer,
removal, resignation or death of any such bishop, minister or other
scclesiastical officer, the title and all rights with respect to anv such
cH. 261] ACTS OF ASSEMBLY IOI

property shall pass to and become vested in his duly elected or appointed
successor immediately upon election or appointment, and pending elec-
ion or appointment of such successor, such title and rights shall be
vested in such person or persons as shall be designated by the laws, rules
or ecclesiastic polity of such church or religious sect, society or denomi-
nation.

All deeds, deeds of trust, mortgages, wills or other instruments
heretofore made to or by a duly elected or appointed bishop, minister or
other ecclesiastical officer, who, at the time of the making of any such
deed, deed of trust, mortgage, will or other instrument, or thereafter,
had authority to administer the affairs of any church or religious sect,
society or denomination under its laws, rules or ecclesiastic polity, trans-
ferring property, real or personal, of any such church or religious Sect,
society or denomination, are hereby ratified and declared valid. All trans-
fers of title and rights with respect to property, prior to the effective
date of the ratification of this section, from a predecessor bishop, minis-
ter or other ecclesiastical officer who has resigned or died, or has been
transferred or removed, to his duly elected or appointed successor, by
the laws, rules or ecclesiastic polity of any such church or religious sect,
society or denomination, either by written instruments or solely by virtue
of the election or appointment of such successor, are also hereby ratified
and declared valid.

No gift, grant, bequest or devise hereafter made to any such church
or religious sect, society or denomination or the duly elected or appointed
bishop, minister or other ecclesiastical officer authorized to administer
its affairs, shall fail or be declared void for insufficient designation of the
beneficiaries in, or the objects of, any trust annexed to such gift, grant,
bequest or devise; but such gift, grant, bequest or devise shall be valid,
provided that whenever the objects of any such trust shall be undefined,
or so uncertain as not to admit of specific enforcement by the chancery
courts of the Commonwealth, such gift, grant, bequest or devise shall be
held, managed, and the principal or income appropriated, for the re-
ligious and benevolent uses of such church or religious sect, society or
denomination by its duly elected or appointed bishop, minister or other
ecclesiastical officer authorized to administer its affairs.

This section shall not be construed, however, so as to authorize any
parish or congregation of such church to hold more than four acres of
land in any one site or place, at any one time, in any incorporated city o1
town, or more than seventy-five acres outside of a city or town and
within the same county; provided, however, that the rights created and
remedies provided herein shall be construed as cumulative and not
exclusive.

This section shall not affect rights or litigation vested or pending or
or before the day upon which this section becomes effective, nor shall i
be so construed as to effect an implied repeal of any other provisions of
chapter seven of the Code of Virginia.

2. An emergency exists and this act is in force from its passage