a plan of co-operation in accordance with the provisions of this act and said act of Congress, such plan to become effective when approved by the governor of the State.

5. The State board designated to co-operate as aforesaid in the administration of the federal act, is hereby authorized and empowered to receive such gifts and donations, either from public or private sources, as may be offered unconditionally or under such conditions related to the vocational rehabilitation of persons disabled in industry or otherwise as in the judgment of the State board are proper and consistent with the provisions of this act. All the moneys received as gifts or donations shall be deposited in the State treasury and shall constitute a permanent fund to be called the special fund for the vocational rehabilitation of disabled persons, to be used by the said board to defray the expenses of vocational rehabilitation in special cases, including the payment of necessary expenses of persons undergoing training. A full report of all gifts and donations offered and accepted, together with the names of the donors and the respective amounts contributed by each, and all disbursements therefrom shall be submitted annually to the governor of the State by the State board. (1922, p. 901.)

Chap. 517 of Acts 1922.-An Act to grant jurisdiction to all courts of record to make binding declarations of rights and determine questions of construction, whether any consequential relief is or could be claimed or not, and to prescribe where, and how, and with what effect suits seeking the exercise of such jurisdiction shall be brought and conducted, and how this act shall be construed.

Approved March 28, 1922.

Be it enacted by the general assembly of Virginia:

Section 1. In cases of actual controversy, courts of record within the scope of their respective jurisdictions shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, claimed and no action or proceeding shall be open to objection on the ground that a judgment or order merely declaratory of right is prayed for. Controversies involving the interpretation of deeds, wills, other instruments of writing, statutes, municipal ordinances, and other governmental regulations, may be so determined, and this enumeration does not exclude other instances of actual antagonistic assertion and deaial of right.

Section 2. Declaratory judgments, orders and decrees may be obtained as other judgments, orders and decrees, and may be reviewed on writ of error or appeal.

Section 3. Further relief based on a declaratory judgment, order or decree, may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient the court shall, on reasonable notice, require an adverse party whose rights have

been adjudicated by the declaration of right, to show cause why further relief should not be granted forthwith.

Section 4. When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.

Section 5. In all such actions and suits in which the court has jurisdiction to hear and determine the cause, exclusive of the jurisdiction by this act conferred, the action or suit may be brought in any county or corporation in which it could be brought were no declaration of right or determination of a question of construction sought. Where the sole jurisdiction of the court to hear and determine the cause is that conferred by this act, such action or suit may be brought in any county or corporation:

First. Wherein any of the defendants reside.

Second. If a corporation be a defendant, wherein its principal office is or wherein its president, or other chief officer resides.

Third. If it be to declare a right under or determine a question of construction of a policy of insurance either upon property or life, wherein the property insured was situated at the date of the policy or the person whose life was insured resides at the time suit is brought or resided at the date of the policy.

Fourth. If it be to declare a right to, in or with reference to land or other real estate, or to construe any instrument of title to or contract concerning land or other real estate, wherein such land or other real estate or any part thereof may be; or if it be a will, wherein such will was admitted to probate; or if it be against a foreign corporation, wherein its statutory agent resides, or if it be against a defendant who resides without this State, wherein he may be found and served with process.

Fifth. If it be a cause to which subdivisions fifth, sixth, and seventh of section six thousand and forty-nine of the Code of Virginia of nineteen hundred and nineteen are applicable, wherein it is provided by said subdivisions of said section it shall be brought.

Section 6. The mere pendency of any action or suit brought merely to obtain a declaration of rights or a determination of a question of construction shall not be sufficient grounds for the granting of any injunction.

Section 7. The costs of such part thereof as the court may deem proper and just, in view of the particular circumstances of the case, may be awarded to any party.

Section 8. This act is declared to be remedial; its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an ordinary action therefor; and it is to be liberally interpreted and administered with a view to making the courts more serviceable to the people. (1922, p. 902.)

APPENDIX

CONTAINING CERTAIN STATUTES CONTINUED IN FORCE BY THE CODE OF 1919 BY REFERENCE, BUT NOT SET FORTH THEREIN, TO-WIT:

1. LAND REGISTRATION ACT.

2. OFFICERS' FEE BILL.

3. MILITARY LAWS.

LAND REGISTRATION ACT

(AS AMENDED)

Continued in force by section 5225 of the Code

Chap. 62 of Acts 1916.-An Act to provide for the settlement, registration, transfer, and assurance of titles to land, and to establish courts of land registration, with jurisdiction for said purposes, and to make uniform the laws of the States enacting the same. Whereas, section one hundred of the Constitution of Virginia provides that the general assembly shall have power to establish such court or courts of land registration as it may deem proper for the administration of any law it may adopt for the purpose of the settlement, registration, transfer or assurance of titles to land in the State, or any part thereof; and

Whereas, it is now desired to enact a law for said purpose and deemed proper to establish the courts hereinafter mentioned as courts of land registration for the administration thereof—

1. Be it enacted by the general assembly of Virginia, as follows:

Sec. I.

PART I.-PRELIMINARY PROVISIONS

Name of act.

This act may be cited as the Uniform Land Registration Act.

Sec. 2.

Definitions.

Words and phrases used in this act are to be construed as follows: (1) The words "voluntary transaction" mean all devises and all contractural or other acts or dealings, by any registered owner of any estate or interest in land with reference to such estate or interest, and to any statutory right or exemption claimed therein.

(2) The words "involuntary transaction" mean the transmission of registered land or any interest therein by descent, the rights of curtesy and dower, all equitable rights and claims, judicial proceedings or statutory liens or charges, the exercise of the right of eminent domain, the lien of delinquent taxes and levies, affecting registered land, or any interest therein.

(3) The phrase "writing, instrument, or record," means all transactions, whether voluntary or involuntary, as herein defined.

(4) The word "registrar" means the clerk of the court having jurisdiction of the cause within the county or city in which the land lies.

(5) The word "decree" means judgment, order, or decree.

(6) The word "appeal" means writ of error, supersedeas, or appeal. (7) Except where the context requires a different construction, the word "court" means the court having jurisdiction for the settlement, registration, transfer and assurance of titles to lands in the county or city where the land lies.

For the certain, cheaper, and more speedy settlement, registration, transfer and assurance of titles to land, there is hereby established a system of land title registration, having the following purposes in detail:

(1) To establish or designate courts of land registration.

(2) To provide for the appointment and duties of registrars of title. (3) To regulate proceedings to obtain registration of title.

(4) To authorize the adjudication of title.

(5)

To prescribe the nature of certificates of title.

(6) To provide for the registration of subsequent dealings with registered titles.

(7) To regulate sundry proceedings after registration of title. (8) To determine the legal effects of registration of title.

(9) To establish an assurance fund.

(10) And to regulate the fees for registration of title.

Sec. 4.

PART II.-COURTS OF LAND REGISTRATION

Courts of land registration.

The circuit courts for the counties, and city courts in the clerks' offices of which deeds are registered, for the cities, except for such counties and cities for which special courts of land registration shall be established, and such special courts of land registration as shall be established for any city and county or counties throughout those portions of the State specified in section eighty-nine of this act, and in those portions of the State which shall so elect as provided in said section, are hereby constituted or designated courts of land registration for the purpose of the settlement, registration, transfer and assurance of titles to land within their respective jurisdictions.

Such courts shall have exclusive, original, and general jurisdiction subject to the right of appeal hereinafter allowed.

(1) Of all petitions and proceedings for the registration of titles to land;

(2) And of all transactions affecting registered titles to lands lying within their respective jurisdictions.

Sec. 6. Powers.

Their powers shall include all the powers possessed by the circuit and corporation courts of the State, in law and equity, for the purpose of enforcing any of the provisions of this act.

Sec. 7. Sessions.

They shall be open as courts of land registration, except on Sundays and legal holidays; and their process as such may be issued at any time returnable as they may direct.

Sec. 8. Mode of trial.

The whole matter of law and fact in any case shall be heard and determined by the court; provided, however, that, on the motion of any person interested, the court shall direct and frame an issue or issues to be tried by jury.

Sec. 9. Proceedings to be in rem.

The proceedings under any petition for the registration of land, and all proceedings or transactions in relation to registered land, shall be proceedings in rem against the land, and the decrees of the court and registered transactions shall operate directly on the land, and shall vest and establish title thereto in accordance with the provisions of this act.

Sec. 10. Rules of court.

The supreme court of appeals shall, from time to time, make general rules and forms for procedure, subject to the provisions of this act and the general laws, and such rules and forms shall be uniform throughout the State.

Sec. 11. Petitions for rehearing, appeals, and bills of review.

A petition for rehearing or an appeal may be taken or a bill of review or bill of exceptions, or writ of certiorari may be filed, within ninety days, and not afterwards, from any decree of the court, under the same circumstances, in the same manner and on the same condition as if such decree had been rendered by a circuit court.

Said period may not be extended by any disability.

Sec. 12. Books and cases for records.

It shall be the duty of the supervisors of each county and the council of each city in which the office of a registrar of titles may be located to provide appropriate cases and other furniture for the safe and convenient keeping of all the books, documents and papers in the custody of such registrar, and also an official seal, and all necessary books and such printed blanks and stationery for use in registration in such county or corporation as may be ordered by the court.

Sec. 13. Court may be held by designated judge.

If the judge of the court, for any reason shall become disqualified or temporarily incapacitated, the court may be held by any other judge of a court of record designated according to law.