Chap. 170.—An ACT to amend and re-enact section 5167 of the Code of
Virginia. . {S B 303]
Approved March 11, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion fifty-one hundred and sixty-seven of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 5167. Duties and compensation of trustees, and duties
of clerks upon recordation of trustees deeds——The trustee in any
such deed, except so far as may be therein otherwise provided, shall,
whenever required by any creditor secured, or any surety indemnified
by the deed,.or the personal representative of any such creditor or
surety, after the debt due to such creditor, or for which such surety
may be liable, shall have become payable and default shall have been
made in the payment thereof, or any part thereof, by the grantor,
sell the property conveyed by the deed, er so much thereof as may be
necessary, at public auction, for cash, having first given reasonable
notice of the time and place of sale, and shall apply the proceeds of
sale, first to the payment of expenses attending the execution of the
trust, including a commission to the trustee of five per cent on the
first three hundred dollars, and two per cent on the residue of the
proceeds, and then, pro rata (or in the order of priority, if any pre-
scribed by the deed), to the payment of the debts secured and the
indemnity of the securities indemnified by the deed, and shall pay
the surplus, if any, to the grantor, his heirs, personal representatative,
or assigns. The clerk of the court upon admitting to record the deed
of such trustee conveying property held in trust shall note a reference
to same on the margin of the deed book where the deed or other
writing conveying the property to such trustee in trust is recorded,
if the same can be found in his office.