Chap. 372.—An ACT to amend and re-enact section 46 of the Code of Virginia,
which is in chapter 7 of said Code relating to church property, benevolent as-
sociations and objects. [S B 322]

Approved March 20, 1924.

1. Be it enacted by the general assembly of Virginia, That section
forty-six of the Code of Virginia, be amended and re-enacted so as to
read as follows:

Section 46. Proceeding 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 thirty-
eight, may file their petition in the circuit court of the county or the
circuit or corporation court of the city wherein the land, or the greater
part thereof held by 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 con-
gregation, or church or religious denomination or society, or branch or
division thereof, or the constituted authorities thereof having jurisdic-
tion in the premises, 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 investment of the proceeds. When any such religious congre-
gation has become extinct or has ceased to occupy said property as a
place of worship, so that it may be regarded as abandoned property, the
petition may be prescribed 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 belong
has the charge or custody of said property, or in which it may 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 the proceeds in accordance with the laws 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 re-
ligious 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.