Sec. 6252. Section 6253 abolishing bills of exception was intended to simplify the procedure, and is very liberal in its provisions as to what shall constitute a sufficient certificate. While forms of certificates are prescribed by section 4 of the act, the next succeeding section declares "that in all cases it shall be sufficient that the trial judge, on the application of any party, shall certify the same simply and substantially in accordance with the provisions of this act." Other provisions of the act are equally liberal. The mere form of the exception, therefore even a formal bill of exception under the former practice will not prevent its consideration, if the provisions of the act are substantially complied with. Ellis v. Town of Covington, 122 Va. 821, 94 S. E. 154. For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law Reg. (N. S.) 97. Assignments of error as to the overruling or sustaining of objections to the reception of testimony, cannot be considered in the appellate court where they are not presented in the record either by this section or the next one. Walters v. Norfolk & W. Ry. Co., 122 Va. 149, 94 S. E. 182. If bills of exceptions are not filed within the time prescribed by law, the trial court is without jurisdiction to receive them and have them made a part of the record at a later date. The filing within the time prescribed by law is of the very essence of the jurisdiction of a trial court, and it is not a matter that counsel can effect by consent. The time for filing such bills is definitely fixed and trial courts are without power or authority to extend it. The provi sion of section 6338 permitting the trial court or the judge thereof in vacation to suspend the execution of a judgment under the circumstances mentioned in that section does not extend the time for filing bills of exceptions. The fact that the court still has control over the judgment does not render the judgment any less a final judgment within the meaning of this section (6252). Bragg v. Justis, 129 Va. 354. The instructions are no part of the record in an action at law unless made so by bills of exceptions or certificate in accordance with statutory requirements on that subject. Section 6341 of the Code, providing where the parties were unable to agree the judge shall decide what part of the record should be copied, has reference only to what is already a part of the record, and merely authorizes selections from the records as already completed. It does not authorize any additions to the record, and instructions which were not certified by the judge of the trial court within the period of sixty days fixed by section 6252, cannot be made a part of the record under the provisions of this section. N. Y. P. & N. Ry. Co., v. Chandler, 129 Va. 695, 106 S. E. 684. Sec. 6253. See notes to preceding section. See note of N. Y. P. & N. v. Chandler, cited under section 6252, 106 S. E. 684. Sec. 6256. An entirely new plaintiff cannot be substituted after it has become manifest that the original plaintiff could not maintain the action, the proper practice in such a case would have been for the plaintiff to ask to be allowed to suffer a non-suit before the jury retired, under this section and to have renewed the suit in the name of the proper plaintiff. Norfolk Southern R. Co. v. Greenwich Corp., 122 Va. 631, 95 S. E. 389. After a defendant's motion for a directed verdict a plaintiff has no absolute right to then suffer a non-suit. This section against taking a non-suit after the jury retires does not govern, in view of the accepted Virginia practice not to direct verdicts. Pannill v. Roanoke Times Co., 252 Fed. 911. Sec. 6259. Where the evidence is such as to make it possible for the jury to find for the plaintiff either upon a special contract or upon a general assump sit, the jury has the right, in their discretion, to fix the date from which interest should begin to run, and an instruction of the court to the jury that if they found for the plaintiff they should allow interest from the time plaintiff's demand accrued, constitutes reversible error. Wash. & O. D. Ry. Co. v. Westinghouse Co., 120 Va. 620, 91 S. E. 646. A peremptory direction to the jury as to the time from which they should find by their verdict that interest should begin, is error. 127 Va. 382, 103 S. E. 638. Lathan v. Powell, Sec. 6260. Cited but not construed in Scott v. Doughty, 124 Va. 358, 97 S. E. 802. For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law Reg. (N. S.) 97. Sec. 6262. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6264. For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law. Reg. (N. S.) 97. Sec. 6265. For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law Reg. (N. S.) 97. Sec. 6267. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6269. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6270. When purchaser relieved of liability from purchase money or rent; purchasers or renters from receivers, personal representatives, trustees and other fiduciaries not required to see to the application of purchase money. When such certificate shall have been published with an advertisement of the sale or renting of property, or when such bond shall have been given prior to a sale or renting not publicly advertised, any person purchasing or renting such property in pursuance of such advertisement, or in pursuance of the decree or order of sale or renting, shall be relieved of all liability for the purchase money or rent, or any part thereof, which he may pay to any special commissioner, as to whom the proper certificate shall have been appended to such advertisement, or who shall have given the bond aforesaid. No purchaser or renter at a duly authorized sale or renting heretofore or hereafter made by a receiver, personal representative, trustee, or other fiduciary shall be required to see to the application of the purchase money. But nothing in this paragraph contained shall be construed as enlarging the rights or decreasing the liability of such purchasers or renters any further than is expressly stated herein. (1922, p. 592. In force June 18, 1922.) Sec. 6272. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6273. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6274. The section was evidently intended to provide a simple and easy method of taking personal judgments against a defaulting purchaser and his sureties. Rush v. Dickinson, 128 Va. 114, 104 S. E. 700. Sec. 6279. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6295. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6296. Court may appoint commissioners to execute a deed of writing; effect of such deed, and so forth. A court of equity in a suit wherein it is proper to decree or order the execution of any deed or writing, may appoint a commissioner to execute the same; and the execution thereof shall be as valid to pass, release, or extinguish the right, title and interest of the party on whose behalf it is executed as if such party had been at the time capable in law of executing the same, and had executed it. Every deed executed by any such commissioner shall specifically set out as nearly as practicable the name or names of the person or persons on whose behalf the same is executed; provided, that when such deed conveys the right, title, or interest of the heirs of a person who is dead, it shall be sufficient for such deed to set out that the same is executed on behalf of the heirs of such decedent. But a failure to comply with the provisions of this paragraph shall not affect or invalidate any such deed; and all deeds heretofore executed by any such commissioner in which such persons or heirs are not specifically set out are hereby validated. (1922, p. 605. In force June 18, 1922.) Sec. 6298. Where a deed might have been recorded in the corporation court of the city of Hopewell in contemplation of law, as it was in fact recorded, that being so recorded at the time the proceeding was instituted, the corporation court had jurisdiction of the subject matter of the proceeding, in so far as such jurisdiction depended upon the place of recordation of the deed of trust. Abrahams v. Ball et al., 122 Va. 197, 95 S. E. 799. After a deed of trust has been given and the grantor therein later conveyed a one-half interest in the land, subject to the deed of trust to another, the grantee of the one-half interest was a necessary party to proceedings to substitute a trustee in the deed of trust. Abrahams v. Ball et al., 122 Va. 197, 97 S. E. 799. In proceedings to substitute a trustee, the original trustee in a deed of trust is "interested in the execution of the trust,' " and is a necessary party to the proceeding and the statute requires notice to him of the proceeding. Abrahams v. Ball et al., 122 Va. 197, 97 S. E. 799. The proceeding to substitute a new trustee for the original trustee named in the instrument creating the trust, is a statutory one and the express requirements of the statute must be at least substantially complied with in order that the court may have the jurisdiction of the subject matter conferred by the statute. Abrahams v. Ball et al., 122 Va. 197, 97 S. E. 799. Sec. 6301. Where a married woman makes a deed of trust conveying her property in trust for her support and selects a competent and trustworthy man as trustee, her selection will not be disturbed although her husband and daughter will prefer a member of the family as trustee who would act without compensation. Inge v. Inge, 120 Va. 329, 91 S. E. 142. To. EDITOR'S FORM OF NOTICE Take notice that I shall, on the. the circuit court of the county of.. as trustee in a certain deed of trust from... trustee, dated... .day of.. 19.. and recorded in the clerk's ...county D. B.... p.. office of the circuit court of.. in the place and stead of the said.. named as trustee in said deed, which said trustee is dead (or has removed beyond the limits of the State, or declines to accept the trust, or has resigned the same). This notice is given you as one of the parties interested or supposed to be interested, in the execution of the said trust, and in pursuance of section 6298 of the Code of Virginia and acts amendatory thereto, the undersigned being also interested in the execution of said trust. Given under my hand this.. day of.. 19......... EDITOR'S FORM OF ORDER SUBSTITUTING TRUSTEE In the Circuit Court of... V. Plaintiff, ..County, Virginia. This day came the plaintiff, by counsel, and moved the court to appoint of the county of... Virginia, as trustee in the place and stead of...... deceased (or who has removed beyond the limits of this State, or who declines, etc., or who has resigned, etc.), who was trustee in a certain deed of trust (or other writing) from.... and recorded in the clerk's office of this court in deed book.. And this day came also the said... On consideration whereof, it appearing to the court that the parties hereto are the only persons interested in the execution of the trusts of the aforesaid deed, and that the said.... the sole trustee in said deed, is dead (or .dated.. ---, page.. by counsel. has removed, etc., or has declined, etc., or has resigned, etc.), and that reasonable notice of this motion has been given to each of the parties hereto, except the plaintiff, the court doth adjudge, order, and decree that the said... be, and he is hereby, appointed and substituted as trustee in the deed of trust (or other writing) hereinbefore mentioned, in the place and stead of the said to act thereunder and in accordance with the terms thereof, and with all the powers, rights, and privileges, and liable to all the duties and obligations, of trustee, as conferred or imposed by said deed of trust. And by consent of all parties, by counsel, no bond or security is required of the said... as such substituted trustee. And it is further ordered that the clerk of this court do record a copy of this order in the current deed book in his office, and index the same in the names of the parties hereto, and in the name of said.. and that he place the papers in this matter among the ended causes of this court, and enter the same on the index of ended causes. Notice should be given the personal representative of the deceased trustee. It is the practice in some jurisdictions to file a petition setting forth the facts and praying for the order. Sec. 6305. Even in cases where infants are defendants, they are as much bound by decrees as an adult, and can only impeach them for causes for which an adult could, such as fraud, collusion, error, or the like, especially where the decree is in favor of the infant and in a suit in which he is plaintiff. Asberry v. Mitchell, 121 Va. 276, 93 S. E. 638. Formerly section 3424 Code 1904. Cited but not construed in Blizzard v. Salyer, 125 Va. 604, 100 S. E. 454. Sec. 6307. For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law Reg. (N. S.) 97. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. Sec. 6308. Section 6140 of the Code of 1919 giving the court "control over all proceedings in the office during the preceding vacation," has no application to vacation decrees entered pursuant to provisions of this section. Matney v. Yates, 121 Va. 506, 93 S. E. 694. For article on "Reference to Commissioner in Chancery," see 5 Va. Law Reg. (N. S.) 497. A judgment entered during vacation was a final judgment; the case standing on the same footing as a judgment rendered in term would stand after adjournment of court, and the trial court has no power to hear motions or to vacate for misconduct of judge or other cause. Town of Appalachia v. Mainous, 126 Va. 419, 101 S. E. 359. A judgment at law in vacation stands on the same footing as a final decree entered in a suit in chancery in vacation. Town of Appalachia v. Mainous, 126 Va. 419, 101 S. E. 359. Sec. 6310. How money under control of court deposited; record kept; list furnished auditor and examiner of records; how taxes collected; when condition of bond of fiduciary deemed to be fulfilled. Whenever any court shall order any money under its control or in its custody to be deposited in any bank or banking institution the officer or person making such deposit shall take a certificate of deposit therefor and deliver the same to the clerk of the court in which such order was entered. Such clerk shall file such certificate in the papers of the suit or proceedings in which such order was made, and shall in a book kept for that purpose keep a record of such money, showing the style of such suit or other proceedings, the date of the order of such deposit, the amount of such deposit, the place of such deposit, and the court in which such order was entered; and he shall from time to time as decrees are drawn on said fund charge the same against said deposits. He shall also furnish the auditor of public accounts on February first of each year with a copy of such record thus made by him showing the balance on hand February first; and the said auditor shall keep a record of same in a book kept by him for that purpose. The said clerk shall also furnish a like list of such balances to the examiner of records who shall examine the same, and if found correct he shall report same to the commissioner of revenue of his county or city, who, if they be not otherwise taxed, shall enter the same upon his property book and assess the proper tax thereon, which shall be paid by such bank or banking institution to the treasurer of such county or city upon the presentation of the proper tax bill therefor, and the amount so paid shall be credited against such deposit, and the date and amount of such credit shall be endorsed on the certificate by the clerk. In every case where any fiduciary or commissioner has, in pursuance of an order of a court of competent jurisdiction, deposited all funds and securities in such matter in any bank or banking institution to the credit of court, and all prior acts of the fiduciary or commissioner has been approved by the court, the condition of the bond of such fiduciary or commissioner shall be deemed to be fulfilled, and no further premiums shall be charged or collected thereon. (1920, p. 510. In force June 18, 1920.) For article by Judge Martin P. Burks on "The Code of 1919" citing this section, see 5 Va. Law Reg. (N. S.) 97. Sec. 6317. Awarding and dissolving injunctions in certain cases. When any court or judge authorized to award injunctions, shall grant a tempory injunction, either with or without notice to the adverse party, such court or judge shall prescribe in the injunction order, the time during which such injunction shall be effective and at the expiration of that time, such injunction shall stand dissolved unless, before the expiration thereof, it be enlarged, which may be done, or a further injunction granted, by the court in which the cause is pending or by the court or judge to whom the bill is addressed, in the event the cause be not matured, after reasonable notice to the adverse party, or |