Chap. 443.—An ACT to amend section 5281 of the Code of Virginia. [H B 84]
Approved March 27, 1922.

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

Section 5281. When partition cannot be made, there may be
sale of all or part; proceedings in case of sale; how proceeds dis-
tributed or invested; effect of sale on right of curtesy and dower.

In any case now pending or hereafter brought, when it shall
appear to the satisfaction of the court that partition of the entire
subject, or of any distinct or independent part thereof, cannot be
conveniently made to advantage, the court, notwithstanding the fact
that some of those entitled may be infants or insane persons, may
order a sale of the entire subject, or of such distinct or independent
part thereof as cannot be so partitioned, as the case may be, 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 co-parcener, 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 of
such liens so far as may be necessary for that purpose.

When any such sale shall be so made and the dividend of any
infant or insane party shall exceed the sum of five hundred dollars,
the court shall order the same to be invested as the proceeds of sale
under chapter two hundred and seventeen are required to be invested.
If such dividend does not exceed five hundred dollars, the same shall
be paid to the guardian of such infant or to the committee of such
insane person, the court being first satisfied that such guardian or
committee has given bond in sufficient penalty and with sureties
sufficient for the security of the same; or the court may, 1n its dis-
cretion, and without the intervention of a guardian, cause the divi-
dend of any infant, when such dividend does not exceed five hundred
dollars, to be paid direct to such infant, or to one of its parents or
to some other person for its benefit, under the provisions of section
fifty-three hundred and forty-three.

If the interest of any person be held in trust, the dividend of such
person, whatever amount it may be, shall be paid to the trustee upon
his giving bond as such trustee, with sufficient surety, to be held
by him upon the same trust as the interest of such person in the
land so sold, was held.

A sale of land so made by order of the court shall operate to
extinguish the contingent right of dower of the wife in the share
of her husband in the land so sold, and to extinguish the contingent
right of curtesy of the husband in the share of his wife in the land
so sold, whether such wife or husband, as the case may be, be made
party to the suit or not.