Chap. 209.—An ACT to amend section 1406, as amended, in relation to proceed-
ings by trustees of a congregation, church, religious denomination, society, or
branch thereof, to sell, exchange or encumber the trust property.

Approved March 15, 1904.

1. Be it enacted by the general assembly of Virginia, That section four-
teen hundred and six of the Code of Virginia, in relation to the sale or
encumbering. or exchange of lands belonging to churches, and so forth,
as amended and re-enacted bv an act approved February twenty-seventh,
eighteen hundred and ninety-four, entitled an act to amend and re-enact
section fourteen hundred and six of the Code of Virginia, eighteen hun-
dred and: cighty-seven, in relation to the sale or encumbering of lands
belonging to churches, et cetera, be further amended and re-enacted so as
to read as follows: ,

§ 1406. Proceedings by trustees for similar purposes.—The trustees of
such congregation, or church or religious denomination, or society or
branch or division thereof, in whom is vested the legal title to such land
held for any of the purposes mentioned in section thirteen hundred and
ninety-eight, mav file their petition in the circuit court of the county or
the circuit or corporation court of the corporation wherein the land, or
the greater part thereof held bv them as trustees, lies, or before the judge
of said court in vacation, asking leave to sell, encumber, or exchange the
said land, or a part thereof; and upon evidence being produced before the
court, or the judge thereof in vacation, that it is the wish of said congre-
gation, or church or religious denomination or society, or branch or
division thereof, to sell, exchange, or encumber the said property, the
court, or the judge thereof in vacation. shall make such order as may be
proper, providing for the sale of such land, or a part, or that the same
may be exchanged or encumbered, and in case of sale, for the proper in-
vestment of the proceeds. And when any such religious congregation has
become extinct or has ceased to occupy said property as a place of wor-
ship, so that it may be regarded as abandoned property, the petition may
be presented either by the surviving trustee or trustees, should: there be
any, by any one or more member or members of said congregation, should
there be any, or by the religious body which by the laws of the church or
denomination to which said congregation helonged has the charge or cus-
tody of said. property, or in which it mav be vested by the laws of said
church or denomination ; and the court, or the judge thereof in vacation,
shall make a decree for the sale of said property, and the disposition of its
proceeds in accordance with the law of said denomination and the printed
acts of said church or denomination issued by its authority, embodied! in
book or pamphlet form, shall be taken and regarded as the law and acts
of said denomination or religious body. The court, or the judge thereof
in vacation, may make such order as to the costs in all these proceedings
as may seem proper.

2. The public interests requiring the immediate operation of this act,
the same shall be in force from its passage.