Chap. 110.—-An ACT to amend and re-enact Section 46 of the Code of Vir-
ginia, as heretofore amended, relating to lands of churches and other like
organizations, so as to authorize such land to be improved and encumbrances
thereon to be extended. [H B 230]

Approved March 12, 1938

1. Be it enacted by the General Assembly of Virginia, That section
forty-six of the Code of Virginia, as heretofore amended, 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 1n 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, extend encum-
brances, improve, or exchange the said land, or a part thereof; and
upon evidence being produced before the court, or the judge thereot
in vacation, that it is the wish of said congregation, or church or
religious denomination or society, or branch or division thereof, or
the constituted authorities thereof having jurisdiction in the premises,
to sell, exchange, encumber, extend encumbrances, or improve 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, encumbered, improved, or that
encumbrances thereon be extended, and in case of ‘sale, for the proper
investment of the proceeds. When any such religious congregation
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:filed either by the surviving trustee or trustees, should
there be any, by any one or more member or members of said con-
gregation, should there be any, or by the religious body which by the
laws of the church or denomination to which said congregation belongs
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 de-
nomination or religious body. The court, or the judge thereof in
vacation, may make such order as to ite costs in all these proceedings
as may seem proper. ,