Chap. 811.—An ACT to amend and re-enact section 2564 of the code of Vir-
ginia, in relation to when partition cannot be made there may be allotment
or sale; proceedings in case of sale; how proceedings distributed or in-
vested, and effect of sale on right of dower.

Approved March 6, 1900.

1. Be it enacted by the general assembly of Virginia, That section
twenty-five hundred and sixty-four of the code of Virginia, be amended
and re-enacted so ag to read as follows: |

§ 2564. When partition cannot be made,there may be allotment or sale;
proceedings in case of sale: how proceeds distributed or invested; effect
of sale on right of dower.— When partition cannot be conveniently made,
the entire subject mav be allotted to any party who will accept it, and
pay therefor to the other parties such sums of money as their interest
therein may entitle them to: or in anv case now pending or hereafter
brought. in which partition cannot be conveniently made, if the in-
terests of those who are entitled to the subject, or its proceeds, will
be promoted by a sale of the entire subject, or allotment of part and
sale of the residue, the court, notwithstanding any of those entitled may
be an infant or insane person, may order such sale, or such sale and allot-
ment, and make distribution of the proceeds of sale, according to the
respective rights of those entitled, taking care, when there are creditors
of any deceased person who was a tenant in common, joint tenant, or
coparcener, to have the proceeds of such deceased person’s part applied
according to the rights of such creditors. And when there are liens
by judgment or otherwise on the interest of any party, the court may,
on the petition of any person holding a lien, ascertain the liens, and
apply the dividend of such party in the proceeds of sale to the discharge
thereof, so far as the same may be necessary. The court making an
order for sale shall, when the dividend of a party exceeds three hun-
dred dollars, if such party be an infant or insane, order the same to be
invested as the proceeds of a sale under chapter one hundred and seven-
teen are required to be invested. If such dividend does not exceed
three hundred dollars, the same shall be paid to the guardian of such
infant or committee of such insane person, the court being first satis-
fied that such guardian or committee has given bond in sufficient penalty
and with sureties sufficient for the security of the same; but if the
interest of any person be held in trust, the dividend of such person,
whether greater or less than three hundred dollars, shall be paid to
the trustee, upon his giving bond as trustee, with sufficient surety, to
be held by him upon the same trusts as the interest of such person in
the land was held. A sale of land so made by order of the court shall
operate to bar the contingent right of dower of the wife in the share
of her husband in the land so sold, whether she be a party to the suit or
not.
2. This act shall be in force from its passage.