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POLLARD'S SUPPLEMENT

1922

PART I

CONTAINING ANNOTATIONS TO VA. CODE 1919 COLLECTED SINCE THAT PUBLICATION AND ALL AMENDMENTS TO THE SECTIONS OF THE SAME PASSED AT THE SESSION OF 1922 AND PREVIOUS SESSIONS, AND REFERENCES TO ALL ACTS REPEALING SECTIONS OF THE CODE.

NOTE.-Numbers of sections not appearing in this Part have neither been amended repealed nor construed since the Code of 1919 took effect.

All new Acts of a general and permanent nature, which do not in terms amend statutes appearing in the Va. Code 1919, are printed in PARTS II, III, IV and V hereof.

Sec. 5. Where petition for writ of error is presented on same day of same month as that on which judgment was awarded during preceding year, the writ will be dismissed, the petition, under this section, restoring Code 1904, section 5, as it read prior to amendment by Acts 1916, chapter 290, not having been presented within a year after date of judgment required by Code 1919, sections 6337, 6355. School Board of Harrisonburg v. Alexander, 126 Va. 470, 101 S. E.

349.

Where judgment was awarded February 14, 1918, petition for writ of error presented February 14, 1919, was presented within the year from date of judgment required by Code 1919, sections 6337, 6355 under Code 1904, section 5, as amended by chapter 290 of Acts 1916. School Board of Harrisonburg v. Alexander, 126 Va. 407, 101 S. E. 349.

Acts 1916, chapter 290, page 508, amending section 5, Code 1904, excluding the first day in computation of time, has been repealed, and the provision of section 5, Code 1904 restored. School Board v. Alexander, 126 Va. 407, 101 S. E. 349.

Sec. 6. Despite Code Va. 1919, section 6, held that Act March 14, 1914, (chapter 100 of Acts 1914) repealing chapter 235 of Acts 1912, making deeds recorded prior to 1865 prima facie evidence that all requirements had been complied with, destroyed any rights which a purchaser during the life of the Act of 1912 from one claiming under deeds recorded prior to 1865 might have acquired; the legislature being entitled to change rules of presumption, and this section protecting only substantive rights, etc. Virginia & West Virginia Coal Co., v. Charles, 254 Fed. 379.

Sec. 34. For article on "Religious Belief as Excuse for Failure to Furnish Medical Attendance," see 6 Va. Law Reg. (N. S.) 651.

Sec. 38. The General Assembly of Virginia passed and act (Acts 1912, page 111), providing that the county of Rockingham should be capable, through its board of supervisors, "to accept any donation or any trust made for benevolent or charitable objects of a public nature, not religious or sectarian, within its external territorial limits, and to perform such conditions and execute such trusts as may be imposed upon it by the terms of the instrument by which the donation is made or the trust is created." Subsequent to this act a testator by his will directed that his estate should be converted into money and gave

the proceeds to the county of Rockingham on condition that said county should forever pay interest, at the rate of four per cent, per annum on the amount received by it to the Rockingham Memorial Hospital, the hospital to apply the interest or income to the support or maintenance in its hospital of indigent patients from the county of Rockingham and the town of Harrisonburg. It was held that though this bequest might not be technically a trust, it was a donation to the county, upon condition, while the interest thereon when paid by the county to the hospital constituted a trust fund of which the Rockingham Memorial Hospital was the trustee. The general purpose of the act is the aid of benevolent and charitable objects of a public character within the territorial limits of the county of Rockingham, and the county is enabled by the act to effectuate this object, either by the acceptance of donations or the execution of trusts committed to it. Pirkey v. Grubb's Exor. 122 Va. 91, 94 S. E. 344. For note on "Public Charitable Trusts in Virginia," see 4 Va. Law Reg. (N. S.) 21.

Sec. 42. Suits by and against trustees.

The said trustees, and such as are mentioned in sections forty-nine, fifty and fifty-one, may, in their own names, sue for and recover any real or personal estate held by them respectively in trust, or damages for injury thereto, and be sued in relation to the same. Such suit, notwithstanding the death of any of the said trustees, or the appointment of others, shall proceed in the names of the trustees by or against whom it was instituted.

In any case where such trustees shall have given any deed of trust, or encumbered such real or personal estate in any manner to secure any debt, and such trustees have since died, and such religious congregation or organization has become extinct, or has ceased to occupy said property, so that it may be regarded as abandoned property, the beneficiary entitled to the debt secured by such deed of trust or encumbrance, may for the purpose of subjecting said estate to the payment of such lien, institute a suit in equity in the circuit or corporation court of the county or city in which said property or the greater part thereof is, against the members of such religious congregation or organization as parties unknown, proceeding by order of publication as provided by chapter two hundred and fifty-three. (1920, p. 9. In force February 4, 1920.)

Sec. 43. For note on "Public Charitable Trusts in Virginia,' Law Reg. (N. S.) 21.

Sec. 46.

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see 4 Va.

EDITOR'S FORMS FOR ENCUMBERING CHURCH PROPERTY
IN THE MATTER OF THE RELIGIOUS CONGREGATION OF THE...
To the Honorable Judge of the Circuit Court of the County of

Your petitioners,.

religious congregation of the.

court entered..

Virginia:

CHURCH

represent that they are trustees for the Church, appointed by the order of this and recorded in O. B.............page....

that your petitioners hold the legal title to certain real estate situated in.. in the County of.... Virginia, which said property is held for the use and benefit of the said religious congregation as a place of public worship; that it is the wish of said congregation that the said property be encumbered by a deed of trust as will appear from a duly authenticated copy of a resolution passed by said congregation, which resolution is verified by affidavit and is herewith filed and marked "Exhibit A. with the petition of the Trustees of ..Church," and prayed to be read as a part of this petition; that the

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said resolution describes in full the said property and sets out in words and figures all of the terms and conditions of the deed of trust under which it is the wish of said congregation to encumber said property.

Your petitioners therfore pray this Honorable Court to enter its order in pursuance of Section 46 of the Code of Virginia and acts amendatory thereof, authorizing and directing your petitioners to sign, seal and deliver the said deed of trust encumbering said property as aforesaid.

And your petitioners will ever pray.

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at

19......, at.........o'clock P. M. at which meeting

First, That it is the wish of this congregation to encumber its real estate

in the County of....

Virginia, in the manner and upon the terms and conditions set out in the following deed of trust, to-wit...

(Here insert deed of

trust.)
Second, That the said trustees be instructed to petition the Circuit Court
of the County of............ Virginia, or the Judge thereof in vacation for
authority to sign, seal and deliver said deed of trust for and on behalf of this
congregation.

Third, That the said trustees be authorized to sign, for and on behalf of this congregation, the notes described in the foregoing deed of trust.

A True Copy.

Chairman.

Secretary.

State of Virginia,

to-wit:

County of...

..and..

This day.. whose names, as chairman and secretary respectively, are signed to the foregoing writing, personally appeared before me in my said county and made oath before me that the foregoing is a true copy of the minutes of the meeting of the congregation of the.....

duly called and held on the...

..Church,

...day of....................................... 19, at which meeting

there was a quorum present.

Given under my hand this.......day of.

19.......

In the matter of the Religious Congregation of the..

N. P.

...Church

Order: This day came.. trustees of the religious congregation of the Church, and filed their petition and exhibit therewith setting forth that there is vested in them legal title to certain real estate lying in the County of.................., Virginia, which property is held for the use and benefit of the said religious congregation as a place of public worship, and that it is the wish of said congregation to encumber said property by a deed of trust filed with said petition, which said deed of trust is in the following words and figures, to-wit:

(Here insert deed of trust.) And it appearing to the court from a resolution passed by said congregation at a meeting duly called and held, a copy of which said resolution properly authenticated and verified by affidavit, was filed as an exhibit with said petition, that it is the wish of the said congregation to encumber the said property in the manner set forth in said deed of trust,

The court in pursuance of the statutes in such cases made and provided, doth hereby authorize and direct said trustees to sign, seal and deliver said deed of trust.

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Sec. 47. For note on "Public Charitable Trusts in Virginia," see 4 Va. Law Reg. (N. S.) 21.

Sec. 48. For note on "Public Charitable Trusts in Virginia," see 4 Va. Law Reg. (N. S.) 21.

Sec. 49. For an act in relation to tax on incorporated school leagues, see chapter 243 of Acts 1918, herein.

Sec. 59. What disposition of property for maintenance or care of cemeteries, etc., valid; who may hold title.

No disposition of property heretofore or hereafter made for the maintenance or care of any cemetery, burial ground, burial lot in a cemetery, or monument, or other erections about such cemetery or burial lot, shall fail by reason of such disposition having been made in perpetuity, but shall be valid. Any cemetery company chartered under the laws of this State, or the trustees of a church, or any trustees holding title to a cemetery, or burial ground, may take and hold any property granted, bequeathed, devised, or given upon trust to apply its income to the improvement, repair, or embellishment of the cemetery, or any burial lot or monument or tomb or vault or other erections in such cemetery, according to the terms of such grant, bequest, devise, or gift. No gift, grant, devise or bequest from any one person for any and all of the purposes named in this section shall exceed ten thousand dollars in value or amount (and any such gift, grant, devise or bequest heretofore made not in excess of ten thousand dollars shall be valid); nor shall the aggregate amount and value of all gifts, grants, devises and bequests which may be held for the improvement, repair or embellishment of any single lot in any cemetery or burial ground, including the monuments, tombs and vaults therein, exceed ten thousand dollars at any one time. All gifts, grants, devises and bequests for such purposes in excess of the amount herein named shall be void. The board of directors of any incorporated cemetery company may by by-law establish a trusteeship for holding and administering all funds paid to said cemetery company for the perpetual care of any lot or lots in the cemetery conducted by said company, and said trusteeship, once established, shall only be revoked, annulled or modified by and with the consent of the circuit. court of the county or corporation court of the city within whose jurisdiction the said cemetery is situated. Nothing herein contained shall be construed as limiting the amount which may be given, bequeathed or devised to defray the original cost of the cemetery, burial lot, monument, vault or other like erection or structure, nor shall this section be construed as affecting any estate that has been distributed or settled on the basis of the law then existing.

(1920, p. 9. In force February 4, 1920.)

See also chapter 48 of Acts 1918 herein, and revisors' note under Va. Code 1919.

Sec. 78. When members of the House of Delegates elected; apportionment therefor.

The members of the House of Delegates shall be elected on the Tuesday succeeding the first Monday in November, nineteen hundred

and twenty-three, and biennially thereafter on the Tuesday succeeding the first Monday in November, and be distributed and apportioned as follows:

Accomac shall have one delegate.

Albemarle, Charlottesville and Greene shall have two delegates. Alexandria city shall have one delegate.

Arlington shall have one delegate.

Alleghany and Clifton Forge shall have one delegate.

Amherst shall have one delegate.

Appomattox and Buckingham shall have one delegate.

Nottoway and Amelia shall have one delegate.

Augusta and Staunton shall have two delegates.
Bedford shall have one delegate.

Bedford, Franklin and Floyd shall have one delegate.
Botetourt and Craig shall have one delegate.

Brunswick shall have one delegate.

Cumberland and Prince Edward shall have one delegate.

Campbell shall have one delegate.

Caroline and King George shall have one delegate.

Carroll shall have one delegate.

Charlotte shall have one delegate.

Chesterfield and Powhatan shall have one delegate.

Clarke, Frederick and Winchester shall have one delegate.

Orange and Madison shall have one delegate.

Dinwiddie shall have one delegate.

Elizabeth City and the city of Hampton shall have one delegate.

Fairfax shall have one delegate.

Fauquier shall have one delegate.

Franklin shall have one delegate.

Giles and Bland shall have one delegate.

Gloucester and Mathews shall have one delegate.

Goochland and Fluvanna shall have one delegate.

Grayson shall have one delegate.

Halifax shall have two delegates.

Hanover and King William shall have one delegate.

Henrico shall have one delegate.

Henry shall have one delegate.

Isle of Wight shall have one delegate.

King and Queen, Essex and Middlesex shall have one delegate.
Lancaster and Richmond counties shall have one delegate.

Lee shall have one delegate.

Loudoun shall have one delegate.

Louisa shall have one delegate.

Lunenburg shall have one delegate.

Lynchburg shall have one delegate.

Rappahannock and Culpeper shall have one delegate.

Mecklenburg shall have one delegate.

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