Chap. 260.—An ACT to Amend and Re-enact Section 5 of Chapter 178 of
the Code of Virginia, (1860) as to the Appointment of Trustees.

Approved March 29, 1871.

1. Be it enacted by the general assembly, That the fifth sec-
tion of chapter one hundred and seventy-eight of the Code of
Virginia (1860), be amended and re-enacted so as to read as
follows :

Ҥ 5. In a suit in equity in which it appears that a trustee
has died, although the heirs of such trustee be not parties to
the suit, yet if his personal representative, and the other per-
sons interested, be parties, the court may appoint another trus-
tee in the place of him who died, to act either alone or in con-
junction with any surviving trustee, as the case may require ;
and in any case when a trustee, or when there is more than
one, all the trustees in any deed of trust shall have died or
removed beyond the limits of the state, or shall decline to ac-
cept the trust,-any person interested in the execution of the
deed may apply, by motion, to the circuit, county or corpora-
tion court of any county or corporation in which such deed
Is recorded, who may appoint a trustee or trustees in
the place of the trustee or trustees named therein; and
the trustee or trustees so appointed and accepting the same,
shall be substituted to all the rights, powers, duties and
responsibilities of the trustee named in said deed: provided,
that the grantor and grantee in said deed, their heirs or per-
sonal representatives, the creditor, surety, or other persons
intended to be secured thereby, or their personal representa-
tives, shall have ten days’ notice of such motion. The mode
of serving which, shall be as prescribed in the first and second
sections of chapter one hundred and sixty-seven.”

2. This act shall be in force from its passage.