Chap. 23.—An ACT to amend and re-enact section 1423 of the Code of Vir
ginia.

Approved February 17. 1906.

1. Be it enacted by the general assembly of Virginia, That sectior
fourteen hundred and twenty-three of the Code of Virginia he amender
and re-enacted so as to read as follows:
$1423. Appointment of trustees to hold such gifts, etcetera; suits by
and against them; settlement of their accounts and enforcement of the
execution of the trust.

When any such gift,.grant or will is recorded, and no trustee has been
appointed, or the trustee dies or refuses to act, the circuit court of the
county, or the circuit or corporation court of the corporation in which
the trust subject, or any part thereof is, in the case of a gift or grant.
or in which the will is recorded, may, on the motion of the attorney for
the Commonwealth in such court (whose duty it shall be to make such
motion), appoint one or more trustees to carry the same into execution.
The trustees, whether appointed by, under, or by authority of such in-
strument, or under a charter of incorporation granted for the purpose of
carrying out its provisions, or under this section, may sue and be sued
in the same manner as if they were trustees for the benefit of a certain
natural person, or as such charter of incorporation may provide; and
said trustees shall annually render and state before the commissioner of
accounts for the county or corporation wherein the trust subject, or the
greater part thereof, is situated, an account showing the investment of
the trust funds, the receipts from such investment, or from other sources:
and the disbursements of the same, in like manner as is required of every
personal representative, guardian, curator, or committee, under chapter
one hundred and twenty-one of this Code. And in enforcing the execu-
tion of any such trust a suit may be maintained against the trustees in
the name of the Commonwealth where there is no other party capable of
prosecuting such suit. The term “trustees” as herein used shall be con-
strued to mean the persons, or governing body, charged with the execu-
tion of the trust. whether designated as “trustees,” “directors,” or other-
wise.